Logo Goletty

Escaping Davy Jones´ Locker: How the Motion Picture Industry Can Stop Digital Piracy Without Unnecessary Litigation
Journal Title Pittsburgh Journal of Technology Law and Policy
Journal Abbreviation tlp
Publisher Group University of Pittsburgh (PITT)
Website http://tlp.law.pitt.edu
PDF (408 kb)
   
Title Escaping Davy Jones´ Locker: How the Motion Picture Industry Can Stop Digital Piracy Without Unnecessary Litigation
Authors Wright, Robert H.
Abstract Contrary to popular belief, motion picture piracy is not a modern phenomenon.2 Indeed, Hollywood studios have been engaged in a continuous battle against pirates ever since theatres began showing films in the late nineteenth century.3 One of the earliest methods of motion picture piracy, for example, was the “bicycling of prints,” a practice by which a theatre operator would literally transport film reels between multiple theatres by bicycle to avoid the cost of licensing reels for each.4 With the advent of the Internet, however, the rate of motion picture piracy has increased exponentially. While truly measuring the extent of such illegal activity is impossible, recent estimates by the Motion Picture Association of America (“MPAA”) suggest that somewhere between 300,000 and 350,000 motion pictures are illegally downloaded from the Internet every day.5 With Hollywood studios already losing four billion dollars in potential profits each year to analog piracy,6 the continuous growth of digital piracy threatens the very existence of the motion picture industry. It is no surprise, then, that industry trade organizations like the MPAA are now feverishly searching for an effective way to address the problems posed by digital piracy.
Publisher University Library System, University of Pittsburgh
Date 2006-04-01
Source Pittsburgh Journal of Technology Law and Policy Vol 6: VOLUME VI- FALL 2005/SPRING 2006
Rights   1.                   Author´s Grant of Rights in Work to Journal. a.       The Author hereby grants to the Journal the right of first publication of the Work. b.      The Author hereby grants to the Journal and its agents the royalty-free, nonexclusive perpetual right and license to publish, archive, and make accessible the Work in whole or in part in all forms of media now or hereafter known under a Creative Commons 3.0 License (Attribution-Noncommercial-No Derivative Works), or its equivalent, which, for the avoidance of doubt, allows others to copy, distribute, and transmit the Work under the following conditions: i.                     Attribution-other users must attribute the Work in the manner specified by the Author  as indicated on the Journal´s Website; ii.                   Noncommercial-other users (including the Journal) may not use this Work for commercial purposes; iii.                  No Derivative Works-other users (including the Journal) may not alter, transform, or build upon this Work; with the understanding that any of the above conditions can be waived by or with the permission of the Author and that where the Work or any of its elements is in the public domain or subject to re-use as a matter of fair use or fair dealing or otherwise under applicable law, that status is in no way affected by this grant of rights.  c.       The Author authorizes the Journal to edit the Work prior to publication, but the Work shall not be published by the Journal unless it is acceptable in its final form to both the Author and the Journal.     2.                   Author´s Retention of Rights in the Work. a.       The Author retains the copyright in the Work.  b.      The Author is permitted to enter into separate, additional contractual arrangements for the nonexclusive distribution of the Journal´s published version of the Work (e.g., post the Work to an institutional repository or publish it in a book), so long the subsequent publication contains an acknowledgement and credit of the first publication in this Journal. c.       The Author is permitted and encouraged to post online a manuscript of the Work in institutional repositories or on a Website prior to publication of the Work, including but not limited to repositories maintained and/or hosted by SSRN and Bepress.  The Author agrees on a best efforts basis to include with any such posting, upon publication of the Work, (i) a reference to the DOI (Digital Object Identifier, explained at http://www.doi.org/) assigned to the Work; (ii) a link to the online abstract for the final published Work in the Journal; and (iii) the citation to the published version of the Work.     3.            Author´s Representations and Warranties a.            The Author represents and warrants that to the best of the Author´s knowledge:                                                                i.      the Work is the Author´s original work, and the Author has the power to convey the rights granted in this Agreement;                                                              ii.      the Author has not transferred, and will not transfer, exclusive rights in the Work to any third party;                                                             iii.      the Work has not previously been published, in whole or in part, except as mutually agreed to in writing by both the Author and the Journal.                                                            iv.      the Work contains no misrepresentation or infringement of the Work or property of other authors or third parties; and                                                              v.      the Work contains no matter that is defamatory, violates an person´s right of privacy, right of publicity, civil right, interest in confidential or proprietary information, or that is otherwise unlawful. b.                  Upon the Journal´s request, the Author agrees to furnish promptly to Journal, at the Author´s own expense, written evidence of the permissions, licenses, and consents for use of third-party material included within the Work, except as determined by the Journal to be covered by the principles of fair use. c.                   The Author agrees to indemnify and hold the Journal harmless from the Author´s breach of any of the representations and warranties contained in this Paragraph 3, as well as any claim or proceeding relating to or deriving from the Journal´s use and publication of any content contained in the Work, including third-party content     4.            Final Agreement This Agreement constitutes the entire agreement between the Author and the Journal with respect to the publication and copyright of the Work.   Any modifications of or additions to the terms of this Agreement shall be mutually agreed to in writing by both Author and Journal.  

 

See other article in the same Issue


Goletty © 2024