Slashdot reports that a new fan-based remake of the original Star Wars movie called Star Wars: Uncut is in the works. Each person who wants to participate picks a fifteen-second portion of the original movie and remakes it in any way they see fit. Of course, the original script (.pdf) to Star Wars and the movie itself (.pdf) are both still protected by copyright. It would seem that Star Wars: Uncut is almost certainly a derivative work as defined by the Copyright Act of 1976, which gives the exclusive right to the creation of derivative works to the owner of the copyright (17 U.S.C. § 106(2) (2006)). It is, however, the Copyright Act of 1909 (pdf) that will govern here, as the works were created and published before the effective date of the 1976 Act, January 1, 1978. The 1909 Act does not use the term "derivative work." The best the 1909 Act can do is § 1(d), granting the copyright holder the exclusive right “[t]o perform or represent the copyrighted work publicly if it be a drama.”
If we imagine, for the purposes of a thought experiment, that Star Wars is protected by the 1976 Act instead, should, as a matter of public policy, Star Wars: Uncut be permitted? It will not detract from the value of either the film or the script. Nobody will see this as a substitute for the actual Star Wars and it will, if anything reinvigorate the popularity of the first movie. Copyright law doesn't take that into account, but should it?
Star Wars: Uncut Trailer from Casey Pugh on Vimeo.
Comments
I hope so Commander, for your sake.
First off, nice Star Wars references Tod and Roger!
I just wanted to comment on something that I think might have been overlooked. On the website itself, you can view 3 second clips of the original movie in order to determine which 3 seconds you will be making a recreation of. Now, while I personally couldn't get the original clips to load (I am not registered with Vimeo and didn't feel like registering), couldn't this be a much graver problem for the site's creator?
Essentially, anyone can view the entire movie albeit, of course, in 3-second clips. I think it'd be much harder to defend against this possible violation of the reproduction right, than it would be against the parody/derivative work aspect.
However, knowing how Lucasfilm operates, I would imagine they'd let this slide, unless the guy starts selling DVDs of the finished movie. Then I can virtually guarantee you he will be served with a cease-and-desist.
-Isaac
And anyone who doesn't comply with the C/D
will be encased in carbonite and hung up on Lucas' wall as a trophy.
I, too, wondered about whether the 15-second clips approach really got them off the hook as to the "amount and substantiality of the work used" prong of the fair-use analysis.
I also got to wondering if Mr. Pugh could be liable for inducement infringement, a la Grokster.
To your point about those clips violating the repro right, I think the hassle you have to go through to watch the entire movie in 15-second bursts pretty effectively forecloses the possibility of the site or the project being a market substitute for the original.
The Force is Strong in This One.
How apt that the subtitle of Star Wars: Episode IV is “A New Hope.” A big ol’ digital quilting bee like this is exactly the way we shall realize the full promise and potential of the Internet. Lawrence Lessig has foreseen it. Search your feelings; you know it to be true. This will restore balance to the universe, return us to the days of democratized content creation, where there was a lot less difference between those who create content and those who consume it. Things will be like they were—before the dark times, before the Empire.
Fortunately, I understand that, while Lucas has legions of underlings whose sole job is to maintain continuity among all the various narrative threads of the Galaxy Far, Far Away, he’s also said to be pretty tolerant of the fan creations his works inspire. In any case, this is really more parody than unauthorized derivative work; as such it would probably be easier to assert a fair-use defense. On the other hand, if it turned out that Lucas were to prevail in an infringement action, the statutory damages would be, well, more than you could imagine.
a bygone era...
Even our national anthem is a product of the read-write culture as opposed to the read-only culture.
I hope we get more of
I hope we get more of this...
http://www.youtube.com/watch?v=JZ5eLK_QKMc
and I thought the law smelled bad fom the outside...
Actually, upon diving into modern copyright law (much like the Falcon diving into "that cave" only to find itself in a belly full of mynocks) you find that even a positive effect upon an original work is a strike against you in a fair use analysis. But like Micheal pointed out, this is not modern copyright. The U.S., in 1909, was a wretched hive of scum and villainy; a veritable Pit of Sarlacc to copyright holders who found a new definition of pain and suffering as their manuscripts were slowly disseminated over a thousand miles with no recourse.
Two words to describe your fair use analysis:
Most impressive.
Oh Tarkin...
The more the industry tightens its grip on its IP, the more these rights will slip through its fingers
Han Shot First
http://en.wikipedia.org/wiki/Han_shot_first
Hah... I can see it now...
Hah... I can see it now... Star Wars VII: Revenge of the Nerds.
2,000 credits?!
There is the risk that after this new XP-38 comes out, the old X-34 just won't have the same resale value anymore.
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