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I hope this is true for videos as well, in practice. I’m worried the anti-circumvention clauses of the DMCA (in the US) or restoring / colorizing / denoising /

by hedora 3y ago

I hope this is true for videos as well, in practice. I’m worried the anti-circumvention clauses of the DMCA (in the US) or restoring / colorizing / denoising / modifying the original will be used as a loophole. For instance, Disney+ likes to censor and otherwise mutilate content. If the rip comes from them, will they successfully argue copyright infringement on old works?

anticensor 3y ago
> I hope this is true for videos as well, in practice. Videos and music is different from photos because members of production team get individual copyrights.
- dllthomas 3y ago
  But I think the question is whether you can acquire new copyright to a reproduction of the film after those original copyrights have expired.
toast0 3y ago
colorizing seems like real creative work (if done by humans), and restoring can be too. Denoising, IMHO, not so much, and just cutting wouldn't be either.
- mod50ack 3y ago
  Manual coloring is creative. "Restoring" is a bit of an ambiguous term, but generally, it would not be original expression either. Remember, the test for originality has nothing to do with effort. Restoring something to its original state is not new creative expression, but presenting the existing creative expression.
kmeisthax 3y ago
Applying DRM to a public domain (or uncopyrightable[0]) work does not make it illegal to remove the DRM. Copy protection only has the force of law when there's an underlying copyright to enforce. There's a bit of room for shenanigans if you use a common DRM scheme that has copyrighted works protected by it, which means you can't release tools that deprotect those works, but that doesn't make the museums able to get extra copyright out of them. It is at best a speed bump. Modifications to public domain work only accrue copyright insamuch as those modifications are creative. Chucking a public domain cartoon through a denoising filter wouldn't make the denoised version copyrighted. Colorization might accrue some copyright, but it'd be thin - basically only the exact same coloring decisions would be infringing. [0] https://en.wikipedia.org/wiki/Chamberlain_Group,_Inc._v._Skylink_Technologies,_Inc https://en.wikipedia.org/wiki/Chamberlain_Group,_Inc._v._Sky....

by hedora 3y ago

anticensor 3y ago

> I hope this is true for videos as well, in practice. Videos and music is different from photos because members of production team get individual copyrights.

dllthomas 3y ago
But I think the question is whether you can acquire new copyright to a reproduction of the film after those original copyrights have expired.

toast0 3y ago

colorizing seems like real creative work (if done by humans), and restoring can be too. Denoising, IMHO, not so much, and just cutting wouldn't be either.

mod50ack 3y ago
Manual coloring is creative. "Restoring" is a bit of an ambiguous term, but generally, it would not be original expression either. Remember, the test for originality has nothing to do with effort. Restoring something to its original state is not new creative expression, but presenting the existing creative expression.

kmeisthax 3y ago

Applying DRM to a public domain (or uncopyrightable[0]) work does not make it illegal to remove the DRM. Copy protection only has the force of law when there's an underlying copyright to enforce. There's a bit of room for shenanigans if you use a common DRM scheme that has copyrighted works protected by it, which means you can't release tools that deprotect those works, but that doesn't make the museums able to get extra copyright out of them. It is at best a speed bump. Modifications to public domain work only accrue copyright insamuch as those modifications are creative. Chucking a public domain cartoon through a denoising filter wouldn't make the denoised version copyrighted. Colorization might accrue some copyright, but it'd be thin - basically only the exact same coloring decisions would be infringing. [0] https://en.wikipedia.org/wiki/Chamberlain_Group,_Inc._v._Skylink_Technologies,_Inc https://en.wikipedia.org/wiki/Chamberlain_Group,_Inc._v._Sky....