| The Family Movie Act - Today's freedom, tomorrow's mandate?
(Only Group B has an online discussion for this lesson.)
Congress recently passed
the Family Movie
Act. This act gives companies the right to produce technology that
automatically skips over portions of movies that consumers deem
objectionable, such as violent and sexual content. Many knowledgeable
observers believed that
such technology was already legal, but further development was being
chilled by the
threat of lawsuits from the movie industry, which had already sued ClearPlay, and two other
companies that subsequently went out of business. While the bill
attracted broad support in Congress, the
Free Expression Policy Project worried that this might ultimately become a mandate on
schools to "censor" movies that are presented to schoolchildren. The
Directors guild notes
that the same kind of editing could be used to change political content or
historical "facts," and ultimately allow others to profit from the creative
work of screenwriters and producers. The other side of the story is that
the studios are still profiting from the sale of their property, and
consumers (including schools) arguably should be free to use a
legally purchased product in the way they want.
Bloggers have taken up the discussion on Charles Bailey's Digital Koans.
Read these posts and answer these questions.
- Should consumers have the right to skip portions of digital works that they don't want to see (or hear)?
- Conversely, do artists and producers have a right to have their work viewed (or heard) by consumers in the way they intended?
- Might your answer to the above questions change as technology makes more
sophisticated editing possible, so that the author's message could effectively
be turned upside down without the viewer realize that anything is being changed?
Suppose that instead of producing software to edit a work and selling
software to consumers, you use a device to alter the work itself (without
making a copy). Have you violated copyright? This issue is not addressed
by the Family Movie Act. The Directors Guild of America sued CleanFlicks, a Utah company that buys
videotapes of movies and edits them to remove scenes that their customers
consider objectionable, saying contends
that such editing violates copyright by presenting to the public an
unauthorized view of a director's work, in effect making judgments that
often violate the artistic integrity of the product. CleanFlicks
responds
that once it buys the tapes, it owns them and has the right to edit them
and allow parents to view them with their children without worrying about
foul language or other "adult" material.
Is this more pernicious than ClearPlay's approach, or should the law treat
the two exactly the same?
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