Sit Down, Shut Up, And Watch My Movie!
R. Alex Whitlock


One of the things that it seems most of my friends are united on is the expansion of what is generally considered "fair use" of copyrighted material. Though I agree with them more often than not, I often find myself taking a contrarian view because I find the self-righteousness of their view to be a little-bit offsetting. Their view of "fair use" is broad enough that if it were widely implemented I believe it could do more harm than even the current tragic copyright regime.

So I've been a bit surprised to see many of these same people suddenly find one area in which they support curtailing fair use: censorship. Not censoring what anyone else watches, mind you, but censoring what their families watch. I find this a bit perplexing in a couple of ways. First, these leave-me-alone folks are suddenly concerned with how other people watch movies. Second, they are lining up against the consumer to do what they want to the movies that they purchase!

The case and point is a recent court ruling that put an injunction against a Utah-based company that scrubs dirty movies, taking out the objectionable material. There's no piracy going on as the customers send in one copy of the video and get back one copy of the video, albeit with some parts missing. This doesn't affect anyone except the consumer and the company providing them a service -- the movie tha tthe rest of us see is the same.

Though I don't know Pete's views on "fair use" at large, I find his views on the matter indicative of a lot of liberal-minded media consumers:
You don't get it both ways, guys: if the movies presented as are aren't to your liking, make your own. You don't get to alter a director's work without his approval. I realize our "human laws" don't hold up against the teachings of Jesus (or Joseph Smith, whoever), so maybe you ask him to pay your legal fees.

I consider this view to be quite peculiar. By this reasoning, when you purchase a movie you are only entitled to see the movie as the original producers intended it. Theoretically, that means that the last time I fastwarded through some less interesting scenes in Spiderman, I was infringing on their artistic vision and copyright because I was watching a movie in a way other than how it was intended. The answer, according to Pete's logic, is that I should make my own. More often, the answer I see is to not get movies that you dislike any particular part of.

This from the side that normally promotes cultural freedom.

Obviously, I disagree. If someone wants to edit Jar-Jar Binks out of Star Wars Episode 1, they have no right to do so. Either they accept Jar-Jar or they reject the entire movie. The same applies to someone that wants to put Memento in chronological order.

I will grant that there is an extra fold to all of this: These people are not cleaning up their own movies (as someone inside Pete's comment section advocates the right to do), they are cleaning up someone else's as a service. I can sort of understand a distinction here. And if someone wants to make that argument, I may disagree but I will understand it. Instead, however, the argument is that they shouldn't want to and therefore should not be allowed to. It usually involves the sort of personal ridicule sprinkled throughout Pete's post. Their opposition to this fair use seems at least partially rooted in animosity towards those that would take advantage of it.

And... to be honest... I agree with the first part of that rationale: they shouldn't want to. Replacing curse words with bleeps and "Motherfalcon!"s detracts from the movie even in cases where the curseword was needless to begin with. A family that has reasonable priorities should almost immediately see bigger and more important battles to fight than this and any that doesn't has bigger problems, in my view.

But this invites all sorts of producer-rights that I am extremely uncomfortale with. It gives movie studios further justification to apply more copy protection since they have one more "evil" to fight off. And besides slippery-slope arguments, I think that someone that wants their movie scrubbed should have the right to do that, even if I question the wisdom of doing so. At the retail level it could prevent or make more difficult for people to get the particular artistic work as the artist intended. In this case, the cheaper and easier version is precisely what the producers intended.

It's nigh impossible to argue that the customer was in any way denied the opportunity to consume the artists' original intent if they have to go to the trouble of sending it away to get it altered.

Nick Gillespie makes a better case than I do on the subject:
As a writer, I can sympathize with Apted's sense of creative ownership and his fear of losing control of his work. (Let's leave aside for the moment the legendary compromises all movie directors make on virtually every picture; and let's even leave aside whether that sort of often overbearing editorial oversight is a bad thing, though the short answer is that it sometimes is the only thing keeping a self-indulgent artist from producing total crap and losing his audience).

"These films carry our name and reflect our reputations," continued Apted. "So we have great passion about protecting our work...against unauthorized editing."

But here's the rub. There is only unauthorized editing whenever a piece of culture is put in front of an audience. The individuals watching in the darkened theater, the family room, or on a computer screen are constantly making choices, skipping over stuff, misinterpreting things, and more. The audience, alas, has a mind of its own, and that mind doesn't care about the creator's intentions.


Posted to Unsorted
 
 

Observations

 
publiustx wrote:
>>>Instead, however, the argument is that they shouldn't want to and therefore should not be allowed to. It usually involves the sort of personal ridicule sprinkled throughout Pete's post. Their opposition to this fair use seems at least partially rooted in animosity towards those that would take advantage of it.<<<

Hmm, social conservatives perhaps?

Yes, we do see quite a bit of animosity towards those sorts of people from sanctimonious liberal bloggers, and even from more mainstream sources like the Chronicle editorial board. Their sneering at such people makes them nearly unreadable (I stick with the Chron editorial board because of the hyperlocal blog, but I just can't read some of our more intolerant lefty "cultural" bloggers for that reason anymore).

The bottom line is, if you've purchased some artistic effort, you have purchased the right to enjoy it HOWEVER YOU SEE FIT so long as you are not altering it to share with an audience for commercial (or even noncommercial) purposes. You may see fit to enjoy it in stupid ways that are contrary to the vision of the producer, but that's freedom for ya!

I suppose Pete thinks it's okay to download mp3s and rearrange their order on his iPod? But damnit, that's not what the artist intended! It's an ALBUM with AN ORDER! Who does Pete think he is to do that? Did his God tell him that was okay? Unbelievable! *rage* *rant* *sanctimony*

Sorry, I have trouble imitating it precisely, but you get the idea.

The answer is no. Copyright doesn't give artists that kind of control of their work after it's been purchased. Copyright is not anti-censorship. Copyright is a commercial concept (I know commerce confuses some of our lefty friends). So long as people who take curse words out of movies for individuals are doing it FOR individuals, and not repackaging the work for a commercial purpose to sell as their own, there's no copyright violation, nor should there be.
7/26/2006
 
Kavey wrote:
I actually have the Star Wars Phantom edits. They are pretty dang good. (Yes I own copies of the originals too).

I've been looking for information on it, but the Phantom Editior claims that George Lucas use to do "illegal" edits of films as well, before Star Wars naturally. Interesting if true.
7/26/2006
 
RAW wrote:
Kevin,

I was just thinking "religious people", but social conservative (or actually cultural conservative) would probably be more accurate.

Your playlist comparison is brilliant. One can imagine the collective eye-rolling if the record industry had tried to use the CD's playlist as a reason that CDs should not be able to be legally ripped.
7/26/2006
 
RAW wrote:
Kavey,

I haven't seen the Phantom Edits. I didn't quite hate Jar-Jar the way that everyone else did... nor did I think that the first movie was as bad as everyone else thought it was. On the other hand, I would definitely like to see a chronological Memento.
7/26/2006
 
MIKE wrote:
As a point of order, I support the fair use right to make a copy. I also do indeed support the fair use right to make an edit; were it not for that right, homemade music videos wouldn't exist.

Therefore I saw the case where movie "cleaning" services with particular trepidation, mostly because it does indeed cause issues for that.

Ultimately, I think it's pretty clear-cut. Once you buy it - and as long as you aren't making multiple copies - you're entitled pretty much to make any changes you want.

If the director doesn't care whether I watch their DVD in the DVD player or whether I stick it in the microwave to watch it spark up, they shouldn't care whether I get it cleaned to skip past the word *bleep*.
7/26/2006
 
Kavey wrote:
RAW-

I'll loan you the Phantom Edit DVDs. They are quite interesting. The first one in particular where he has very clear comments on why he edited the movie the way he did. The second edit, he's a lot angier in his commentary and doesn't explain the cuts as much as he is obviously upset with George Lucas.

The edits are very effective in which it removes a lot of stuff that just doesn't move the story along.

In the first movie, there is a scene where Obi-Wan and Qui-Gon Jinn are freeing the Queen from Naboo. Qui-Gon walks up to a group of droids and they tell him to halt and ask him where they are going. He says "To Corressant." In the original they ask him again and he repeats the answer, and then they start doing this mumbling talk and finally tell him he's under arrest. At which point he chops them down with a light saber. In the edit, after the first time they ask, he answers, they start to say something else, and then he chops them down. Cutting out that useless exchange.

In the second movie. He removed the line I hated most. The light saber scene between Yoda and Count Dooku starts off with the Dooku saying like "I guess we'll have to settle this with our light sabers." Reminiscent of a bad western movie with a gun fight at high noon.

Those are just small examples. There's a lot of things done in both movies that just eliminate useless dialog and antics that really do nothing to push the story along.

He does not remove all midichlorian references or Jar-Jar, but he does limit the references and dialog.
7/27/2006

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