I'm versed in the 4 points of the "fair use" portion of the copyright
laws. What I am looking for here is an analysis of the legality of the
"chain" of copying and subsequent ownership of the copyrighted works,
and to see, based on the use of the copyrighted works, if the act of
copying in any way infringes upon the copyright of the work since it
is used to gain certain employment or contracting.
Here's an average chain:
1. An actor is "given" either a rought-cut, pre-release, or retail
release, copy of the project(we'll call "Copy I") in which they
provided their services, in part by gratitude, and in part to provide
the actor with the means to secure the next job of their future, by
the employer or agent to the employer (we'll call "Employer I") on the
said project.
OR
The actor purchases a retail copy of the project("Copy I") for the
smae purposes as above
2. The actor by some means extracts their performance(s) from the
above Copy I and assembles it into a new copy (we'll call "Copy II").
THis may be by such means as a direct VHS to VHS copy, importing
clip(s) into a digital editor and assembling a new montage outlining
their performance and subsequently dumping this new derivative onto a
VHS tape or DVD-Recordable or other visual media, or other means to
prepare a Copy II.
3. The actor then provides, with or without the request of, the new
employer ("Employer II"), the Copy II.
4. The Employer II reviews the actors resume along with the Copy II
and any other materials submitted for employment consideration, and
then makes a determination to hire the actor or not.
5. The submission materials mentioned in step 4 above, including Copy
II, are customarily considered the property of the Employer II even if
they do not employ the actor. It is typically considered a negative
for the actor to ask for the materials back, although it can be done.
The main point is that the materials were truly given to Employer II
without recompensation in the typical scenario.
So, now, has the actor performed an act of copyright infringement by
giving a copied portion of a copyrighted work to a potential employer
in hopes of gaining financial or status gain through securing such
employment?
Certainly the work is not being re-sold and is not in it's original
packaging (however sometimes it is beneficial to send a retail copy as
it impresses the Employer II), it is usually not much more than a
small excerpt from the work.
But it could be said that the work could possibly be related to the
monies recieved from employments arising from employers who have
reviewed the Copy II as part of the actors submission/resume.
Can you give some legal analysis and "takes" on this scenario?
Is there some wording constitutionally that directly protects or
forbids these uses?
There are editing facilities, for instance in Hollywood, that
advertise that they'll assemble a reel of an actors work for a fee.
What about those facilities legalities. Are these facilities going
forward with this business somehow understanding an aspect of
copyright allowance such as for securing employment and educational
purposes?
I appreciate your response, and I hope that it is from someone with
some legal background in copyrights. You may mention what kind of fee
you'd like me to tip you for your response. I cannot promise to match
it fully, but if your answer is what I'm looking for than who knows? |