It seems everytime I go to start a site I end up with a major issue. Sometimes it's impossible to code, sometimes it requires too much off-line promotion, sometimes its a server space taker, etc. But this one I'd really like to know. I can't fully explain this website but my partner/investor has made an argument on this one particular website plans that we have and I almost agree, but I'd like a little more confirmation for some pro's around here. We both are saying that it's very posible that if we launch this one site and it becomes very popular among the internet that we will be hit with a lawsuit so bad that it will destroy our existance. it's sort of a dvd quality movie site. In a nutshell, parts of the famous movies are edited a certian way (sound, voice, graphics, etc, then we show them beside the original clip. But my question is is it against say "universal studio's" to edit and mess with their movies for the purpose of entertianment? I realzie you obviously can't resell them, but what about this. Can we be hit with a lawsuit?
IANAL, but based on the results of the CleanFlicks lawsuit, I doubt your business model would stand up against copyright laws. In effect, you would be modifying a copyrighted original work of art and you would need permission from the copyright holder to sell, distribute, rent, etc. this new version. Probably the only legal way to get around this is to have a service or product where the owners of the copyrighted materials can re-process the content themselves via your service or product. Or you can attempt to negotiate a license agreement with the copyright owners to allow you modify and redistribute their content. Also since you mentioned that you are using clips of a movie and not the whole movie itself, you could argue for Fair Use. It's a pretty slim argument, but Google recently won, on appeal, a Fair Use case against original copyright owners. If you could craft your service under this narrow exception, you might have a chance.
I did read up on the "Christian make you own G-rated movies" but it was so differant than what we were going planning as you mentioned. We're not producing, selling, and putting them in stores. We would be doing "close to" wha they are doing but instead of selling just making them online. Our profit would be from other ways (adsense, online store, etc.) I just wish there was a way I could know for sure because I only have about 48 days until my contract is up and I have investors will be demanding a near launch on a site. I really need to get it totether, or scrap this, and jump on something else before they turn on me. Is there a way that I can give a super friendly (we don't sell these) disclaimer on the site or something?
So you are going to show the original clip as well? Either way, this is a legal loser of an idea. It is certain copyright violation, so if you don't want to deal with that legal issue, do a different site.
You would still be infringing and profiting off the copyright holders content by displaying ads and having an online store. There would have to be another strong and compelling reason people are coming to your site other than to view the copyright holders content. A standard disclaimer, even a super friendly one , will not prevent you from being sued. They will just send you a super-friendly cease-and-desist notice.
IANAL. You're going to have evaluate the four fair use factors found in section 107 of the copyright act: 1. Purpose and Character of Use You're profiting from the use -- weighs against you. Are you using the copyrighted work for criticism, comment, or teaching? -- if you can enable this, your use will be favored. Is your use transformative or does it simply supplant the copyrighted work? -- More information is needed here. If your creating a parody your use would be favored. 2. Nature of Copyrighted Work You're using a creative work for entertainment. -- Weighs against you (informative, factual works are favored). 3. Amount and Substantiality of the Portion Used of the Copyrighted Work There is no definitive answer to this. A five minute clip may or may not be considered too long. It depends not only on the quantity used but how central the portion used is to the whole work. I would also consider how many of these clips you plan on making. 4. Effect Upon Potential Market or Value of the Copyrighted Work. The material could probably be licensed. -- Weigh against you. If it is a parody, the courts might favor you because of the difficultly in getting licenses for parody works. -- You would be favored then. Final anaylsis: Get a lawyer. My opine: your use could be slightly favored. But it all depends on how transformative these clips are, perhaps on how many you create, how many people view them. I would advise not to show the original clips, enable people to comment for criticism, perhaps use these clips to teach people how to create clips like them (be educational), be limited in how many you create, and lastly don't profit from using them. Finally, just because you think something satisfies fair use doesn't mean the copyright holders will (they probably won't).