this is largely true except:
what happens is the rights to use the poster art may belong to a different division of the distributing company and would therefore need separate licensing and may not be worth the extra attorneys fees in addition to payment to the owners
also, they owners may not have a copy of the image to lease which would require the DVD company to locate a copy of teh poster etc and still have to sign the contract for licensing and pay fees (see above)
thirdly, 300 Spartans was released this year!!! I got a copy just last month or so in a new display called 20th Century Classic or something like that. Maybe Warner Bros Classics. the cover art was just a photo collage.
Rich===================
At 06:31 PM 8/10/04, Craig Goebel wrote:
It seems a bit odd for anyone who actually has comprehensive permission to release the dvd to not have contracted for the collorary rights like those for related packaging or to have tried and failed to do so. I would wonder then why that seemingly obvious element was not part of the package, if I were the person to whom recourse was being had for use of a poster: did the copyright owners demur? In that case my use of others' poster images for commercial purposes (even if I got nothing) would open me up to an action. This sort of issue is what is most often behind the failure to release all those so-called OOP and rare-cult movies like The 300 Spartans (which was thisclose to a dvd release last year when someone or someone's estate demurred for image use and payment, music usage, etc. and that ended that).
Who owns the rights is not the question if you do not.
But check out the copyright laws of the relevant countries: if all of the poster's rights owners have had their rights lapse, then that's a different issue.
Generally the use of copyright material for educational or merely incidental to other (commercial) use is usually permissible under most countries copyright laws. This is how the images can be placed in texts and in catalogs for sale of the poster (not for sale of the dvd!) without having to reimburse the copyright owners. Craig, Vancouver ----- Original Message ----- From: <mailto:[EMAIL PROTECTED]>Robert D. Brooks To: <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED] Sent: Tuesday, August 10, 2004 7:43 AM Subject: Re: [MOPO] Who owns the rights to a poster?
I've had a couple distributors come calling about using images of my posters in their DVD's. I just sent them to Bruce (saying he probably already had the images they wanted - and professionally photographed to boot)...
Bruce (or Nourmand, or a few others) would be the ones to ask. I have a feeling that they don't license the images for their books (or there'd be a page in all their books listing copyrights and permissions for each image and studio). Wasn't it not too long ago Bruce posted here saying something to the effect of: "I can do whatever I want with a photograph of MY poster."???
I'd love to know all the legalities myself?
Good day all,
Bob
----- Original Message ----- From: "Lynch Posters" <<mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED]> To: <<mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED]> Sent: Tuesday, August 10, 2004 7:01 AM Subject: [MOPO] Who owns the rights to a poster?
>I was contacted by a distribution company today that is releasing two David > Lynch films on DVD for the foreign market. They enquired about using > several > of the foreign posters on my website for either the cover, the insert or > the > DVD extras. > > This brought up the question of who owns the rights to a movie poster? > (Domestic posters, re-releases, foreign posters, re-issues, etc, etc....) > Who owns the rights to an image of a movie poster? > > In the post NSS era, it seems obvious that the studio releasing the film, > likley commissioned the production and printing of the poster and would > have > the rights to it. Examples of Disney posters and perhaps Miramax seem > relatively clear, especially with their small print disclaminers. But what > about the Polish version of "WIld At Heart" or the German A1 for "Lost > Highway"? What about my personal photograph of these poster? > > Any thoughts? > > > Lynch Posters > > Specializing in US and Foreign posters from the films of David Lynch. > > <http://www.LynchPosters.com>www.LynchPosters.com > > > > > > ----Original Message Follows---- > From: Rod Morgan <<mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED]> > Reply-To: Rod Morgan <<mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED]> > To: <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED] > Subject: [MOPO] Queen of Scream > Date: Mon, 9 Aug 2004 19:30:07 -0700 > > <http://www.mexicanlobbycards.com/assets/Misc/kingkong.jpg>http://www.mexicanlobbycards.com/assets/Misc/kingkong.jpg > > king kong---21---4000050000---sf5 > > singles & sets of 8 > > > > _______________________________ > Do you Yahoo!? > Express yourself with Y! Messenger! Free. Download now. > <http://messenger.yahoo.com>http://messenger.yahoo.com > > Visit the MoPo Mailing List Web Site at <http://www.filmfan.com>www.filmfan.com > ___________________________________________________________________ > How to UNSUBSCRIBE from the MoPo Mailing List > > Send a message addressed to: <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED] > In the BODY of your message type: SIGNOFF MOPO-L > > The author of this message is solely responsible for its content. > > _________________________________________________________________ > FREE pop-up blocking with the new MSN Toolbar - get it now! > <http://toolbar.msn.click-url.com/go/onm00200415ave/direct/01/>http://toolbar.msn.click-url.com/go/onm00200415ave/direct/01/ > > Visit the MoPo Mailing List Web Site at <http://www.filmfan.com>www.filmfan.com > ___________________________________________________________________ > How to UNSUBSCRIBE from the MoPo Mailing List > > Send a message addressed to: <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED] > In the BODY of your message type: SIGNOFF MOPO-L > > The author of this message is solely responsible for its content. >
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