Court Judgement: CleanFlicks Infringes Copyright

By Dennis D. McDonald

Blogger Joe Gratz on July 9 reported that United States District Court for the District of Colorado has found that a company called "CleanFlicks" infringes copyright.

CleanFlicks, without authorization of copyright owners, has been creating and renting censored DVD-R copies of movies that it created through modification (censoring) of the original audio and/or video. One of CleanFlicks' arguments was that its censoring was "fair use" and that it was not harming the studios since it has been buying an original copy for each censored copy it produced and rented.

The court tossed out the "fair use" argument and declared CleanFlicks' actions were infringement.

This is is also a win for artists' rights. If I create a work, and you -- without my permission -- modify it and resell it, you are distributing something other than what I created. You are violating my rights as a copyright owner.

I'm still of the opinion that it is the responsibility of a parent to control what his or children watch and hear. I just don't think that this includes subsidizing copyright infringement and the violation of artist rights.

Comments

[Wade Fairbanks]

As a person interested in clean and wholesome entertainment for family and those so oriented, I understand why and the need for a service like CleanFlicks. At the same time, I believe in laws that protect intellectual property and artistic rights. In the present situation, I agree with the courts but wish that the studios and artists would allow or create a more flexible approach while at the same time retaining their inherent ownership and control.

[Dennis]

Wade - i agree this is a tough one. Family protection versus artistic freedom and freedom of speech. Since I monitored what my kids saw when they were little, I take parental responsibility quite seriously, but I also take copyright ownership pretty seriously too. Not all art is intended for kids, and dumbing it down or changing it into something the artist didn't intend is not what I want to teach my kids is appropriate! If you don't want your kids to see Kill Bill, then don't let your kids see Kill Bill!
- Dennis

[Dennis McDonald]

There is an interesting thread going on at SLASHDOT (http://yro.slashdot.org/article.pl?sid=06/07/11/169230&from=rss) about this topic -- many commenters there are saying that the decision was bad, that it's another example of copyright law being used to prevent the people from doing what they want with copyrighted works. (My opinion is still the same: you have to ask my permission first before you re-sell my works in altered form.)