DGA Director Plaintiffs Praise Ruling
A federal court in Denver, Colorado ruled yesterday that four companies that mechanically edit and distribute “sanitized” versions of movies are permanently enjoined from selling, renting, merchandising or promoting unauthorized edited or altered copies of any motion picture. The court ruled that these companies – Cleanflicks, Family Flix, CleanFilms and Play It Clean Video – must cease their unlawful conduct within five days from the date of yesterday’s ruling.
The Directors Guild of America and the sixteen named directors in the lawsuit, working in conjunction with the studios, have been fighting this battle against the unauthorized editing of directors’ films since 2002 and are vindicated by yesterday’s outcome.
“It is particularly gratifying that the court recognized that this conduct is not permitted under copyright laws,” said DGA President Michael Apted in response to the ruling. “Audiences can now be assured that the films they buy or rent are the vision of the filmmakers who made them and not the arbitrary choices of a third-party editor.”
The companies had claimed that the “fair use doctrine” gave them the right to edit films as they wished. Judge Richard Matsch considered all their arguments in depth and dismissed them, holding that “what is protected (by copyright law) are the creator’s rights to protect its creation in the form in which it was created.”
“As creators of films, we oppose giving anyone the ability to alter in any way they choose, for any purpose, and for profit, the content of a film that we have made, often after many years of work,” said Apted. “Directors put their skill, craft and often years of hard work into the creation of a film. These films carry our name and reflect on our reputations. No matter how many disclaimers are put on the film, it still carries the director’s name. So we have great passion about protecting our work, which is our signature and brand identification, against unauthorized editing.”
Although this ruling is a victory for directors, studios and copyright holders, it is specific to these four companies who make fixed edited copies. Companies that use technology to electronically edit by skipping and muting portions of films, yet leave the original DVD intact are not covered by this ruling. The DGA remains concerned about this exception to copyright protection and is pleased that this ruling reaffirms the importance of the principles protecting the rights of directors and copyright holders to maintain their artistic vision and integrity of their work.
