Willful Infringement

Written by Eric Olsen
Published June 19, 2003

This is very interesting:

    My name is Jed Horovitz. I run a very small company that distributes the movie previews you see in your local video store. We have about a half dozen employees. We've been doing that for 16 years. In 1998, we started to help retailers like Netflix.com and libraries inform their customers and patrons about movies via their web sites.

    In the summer of 2000, The Walt Disney Company sent us a 'cease and desist' letter stating that we were violating their copyright by helping to promote their movies online. Yes, that's right, Disney wanted us to stop helping them make more money. Confused? So was I. My attorney advised me that we could ask the court for a 'declaratory judgement' to find out if Disney really had the right to order us around like that. We did and then Disney sued for $110 million.

    I don't really know why they'd suddenly want to stop us from doing online the exact same thing that we've been doing in stores for years, but letting them dictate how, where and to whom we provide what information would have compromised our integrity and put us out of business. I do know that they want to insure that nothing negative can ever be said about their movies, and that just didn't seem right.

    Ever wonder what it feels like to be sued for more money than Napster? It's pretty scary. After awhile it becomes an endurance contest. Lawyers talk. Lawyers write. Judges talk. Judges write. You pay lots of legal bills. You don't get to say a thing. You get frustrated. Nobody else notices. That is why I made this movie.

    It started out as the story of my lawsuit with the mouse. At first, I was going to call it "Mickey and Me" but, as I talked to others facing run-ins over copyright, it turned out to be about so much more than just my story. This is a video about the struggle between free expression and private 'intellectual' property. It all centers on the right to 'quote'.

    QUOTING has evolved over the last four hundred years. Once upon a time you could only repeat my words from your own memory. Later on, you could quote me in writing. With the advent of recorded media, you could quote me by re-recording a sound or an image. In the digital age, it is just a matter of cut and paste. This may sound like progress to you but to companies like Walt Disney it is a threat to their business model which is based on owning creativity.

    We talked to professors and librarians who warned about the corporate ownership of culture. We talked to artists, writers, musicians, scientists and even party clowns who have been threatened, sued, fined and even jailed in the name of 'Copyright'. We talked to lots of lawyers who said that copyright has become the tool of large corporations, used to abuse anyone whose rights come into conflict with theirs.....

Career media professional Eric Olsen is honored to be the founder and publisher of Blogcritics.org, which, quite frankly, rules - as do his wife and four children.
Keep reading for information and comments on this article, and add some feedback of your own!
Willful Infringement
Published: June 19, 2003
Type:
Section: Sci/Tech
Filed Under: Video: Documentary, Sci/Tech: Internet, Video: News
Writer: Eric Olsen
Eric Olsen's BC Writer page
Eric Olsen's personal site
Spread the Word
Like this article?
Email this
Submit to del.icio.us Save to del.icio.us
RSS Feeds
All RSS Feeds (240+)
Comments on this article
BC articles by Eric Olsen
Video: Documentary
Sci/Tech: Internet
Video: News
All Sci/Tech Articles
Eric Olsen's personal weblog
All BC articles
All BC Comments

Comments

#1 — June 19, 2003 @ 11:58AM — Mars Sanford [URL]

That IS interesting! The preview looks good and very thought out, for any else who find this interesting.

#2 — June 19, 2003 @ 12:47PM — Phillip Winn [URL]

Yikes! $55! That's a bit spendy. I liked the preview, but I'm not sure I'm willing to part with $55 on that basis.

It might also be somewhat difficult to garner much sympathy from people in a struggle against a company that releases movies it took them millions and millions to make on DVD for $20.

I understand that there are economic factors that make this so (though $55 *does* seem a bit steep), but it looks pretty bad.

#3 — June 19, 2003 @ 14:20PM — Mars Sanford [URL]

Jebus! I didn't even make it to the price tag (damn you web-based-ADD!) But I agree, 55 is unexcusable.

This is especially true for a documentary. I'm sorry, but documentaries are cheap. Not saying they aren't wonderful, I love to watch them, but I have no idea how they could justify such a price tag.

#4 — June 19, 2003 @ 18:51PM — Jeff McCune [URL]

The preview is interesting and I'd buy it for $5 just for the light saber scene but I'd never pay $55, that's just crazy. I think they're right that people don't pay enough attention to intellectual property issues.

#5 — June 20, 2003 @ 02:24AM — Brian Flemming [URL]

Lessig blogged it awhile back. But yeah--$55. Yikes.

Lessig hinted that the video would not be available for long--maybe that's why the high price tag.

#6 — June 25, 2003 @ 11:21AM — Jed Horovitz [URL]

First off, our movie is aimed at the educational and library market where the typical video costs around $300.

If, as an individual you understandably, don't want to spend $50.00 please ask your local library to order a copy for you. That's why they are there. This is a video about the cultural commons of which libraries are (once were and should be) the capital.

Lastly, you can now stream it (up to 300kpbs) via our web site. There is no charge, although we do ask for a donation.

#7 — June 25, 2003 @ 11:41AM — Eric Olsen

Thanks Jed for the clarification, information, and elucidation.

#8 — June 25, 2003 @ 18:03PM — Brian Flemming [URL]

Posted a review roundup.

#9 — July 2, 2003 @ 15:36PM — Greg Hittelman [URL]

Our new documentary WILLFUL INFRINGEMENT ("the movie Disney doesn't want you to see") has been included as a part of the San Francisco Museum of Modern Art's exciting and wonderful "ILLEGAL ART" exhibit this month.

what: WILLFUL INFRINGEMENT (2003, 58 min.), Produced by Jed Horovitz, Directed by Greg Hittelman, A Fiat Lucre Production.

when: JULY 23, 6PM*, and JULY 24, 10PM
*intro and Q&A with special guest LAWRENCE LESSIG

where: ROXIE CINEMA 3117 16th St., at the corner of Valencia St., San Francisco

tickets: at the door $8 general, $4 seniors and children

...Wholly independent and filmed on a guerilla budget, the two-man WILLFUL INFRINGEMENT crew canvassed the nation to create this front line report from the culture wars. Party clowns, a Rolling Stones tribute band, legal scholars, artists, DJ's, Star Wars fans, teachers and many more tell an "extraordinary" tale about how ownership of ideas has come into conflict with free expression.

Lawrence Lessig, the Stanford law professor who argued against the copyright extension before the Supreme Court, and known as the "guru" of copyright issues, is calling WILLFUL INFRINGEMENT "Extraordinary" and "Brilliant", and word is spreading...

Don't miss this chance to see WILLFUL INFRINGEMENT -- before the lawyers attack!

Best regards,
Greg Hittelman

p.s. I'll be up from L.A. for the July 23 screening, so don't be shy and be sure to say "Hi".

more info: www.willfulinfringement.com www.illegal-art.org

#10 — November 3, 2003 @ 15:50PM — M. Del Branson

I've encountered difficulties seeking a copy of Willful Infringement to add to our county's library collection. The website dedicated to the movie, Willfulinfringement.com, doesn't appear to be running anymore.
We've received numerous requests for this title, and I'm hoping to make it available to our local community. With the website down, does anybody have information on where this title can presently be purchased?

Matthew
Springfield-Greene County Library

#11 — November 3, 2003 @ 16:09PM — Eric Olsen

Matthew, very curious, am looking into it for you.

Want comments emailed to you? No spam, promise! Address:

Add your comment, speak your mind

(Or ping: http://blogcritics.org/mt/tb/6316)

Personal attacks are not allowed. Please read our comment policy.





Remember Name/URL?

Please preview your comment!

Fresh
Articles
Fresh
Comments