Tuesday, August 28, 2012

Industry Liabilities

The three court cases I decided to analyze are : Dastar Corp. v. Twentieth Century Fox Film Corp, Golan et al. v. Holder, Attorney General, et al. ,Metro Goldwyn Mayer Studios Inc. v. Grokster
In the first case they talk about General Dwight D. Eisenhower's World War II. book, Crusade in Europe, published my Doubleday and registered copyrights to Fox. According to the respondents Dastar did not stay true to the original story, they said he had only bought some video tapes and took his knowledge from those. Therefore I have to agree with the article on how that could have been misleading. Matching information is key especially if we're talking about copyrights and a historical event. The public has the right to know what happened in 1948 and how the German's rushed through Europe. When Fox reacquired the television rights to General Eisenhower's book they should have made sure that all of the included information they were about to broadcast are a 100% true.
I later on saw how the Lanham Act and its intend for deceptive misleading use of marks came into play in this case. I couldn't have agreed more with what I read and I still think that the origins of the information published must be clear. They shouldn't have taken a war story and changed parts of the story over time. Fox was just trying to double their profit on a copyright that they only paid for once.
In the second case I saw how the international copyright relations might come into play with my business idea. If I'm going to purchase the rights for certain media to be viewed and paid for by the subscribed users I must make sure that the same copyright laws are in effect in the countries where they are being played from. Doing the research on the date when the movies and copyrights were created is absolutely necessary. I really wouldn't want to find myself with an expiring copyright on any of my future videos that I'll be streaming from my site (VGP-Video Genome Project).
In the last case I found it pretty helpful to read about peer-to-peer networks since my future business model is based upon such communication. The studios I'll be contacting must be able to have proof of their copyrights with the attached dates and proper paperwork. If later on I get fined or even worse sewed for not having all the legal rights to my website and its contents than the studios could eventually shut down my whole business. Infringement is definitely one of my biggest concerns, getting and keeping up with each copyright is going to be mandatory.