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by James Robertson.
Original Post: Do as I say, and all that
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Apparently, making unauthorized copies of movies is ok, so long as it comes out of the marketing budget:
What happens when an organization that is best known for inveighing against the unauthorized copying of movies gets caught doing exactly that? The Motion Picture Association of America was caught with its pants down, admitting to making unauthorized copies of the documentary This Film Is Not Yet Rated in advance of this week's Sundance Film Festival.
But at least the copyright owner had given them permission, right?
This Film Is Not Yet Rated looks at the motion picture ratings system created and run by the MPAA. Director Kirby Dick submitted the film for rating in November. After receiving the movie, the MPAA subsequently made copies without Dick's permission. Dick had specifically requested in an e-mail that the MPAA not make copies of the movie. The MPAA responded by saying that "the confidentiality of your film is our first priority."
Fortunately for the MPAA, this may all fall under "fair use" rights. Which they have, and we don't - at least, according to them:
According to Mark Lemley, a professor at the Stanford Law School, the MPAA may have been within its rights to make copies of the film. Given that the MPAA's intent isn't financial gain and that the whole situation may rise above the level of trading barbs through the media into legal action, making a copy may be justified. Personally, I can't see any justification for an organization such as the MPAA ignoring a directive from a copyright owner, but IANAL. A "digital version" of the movie was submitted for screening, according to Dick's attorney, Michael Donaldson. If that digital version turns out to be a DVD, the MPAA could also find itself in hot water for violating the DMCA. Oh, the irony! Either way, the MPAA can't be happy about being put into a position where they are forced to justify the same actions they decry when undertaken by a consumer.
There's that pesky DMCA, which could make the whole thing illegal. They should all be asked to settle for $2500...