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Author Topic: Hitler chimes in on Prosper...  (Read 24863 times)

Urbi_et_Orbi

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Re: Hitler chimes in on Prosper...
« Reply #30 on: March 04, 2010, 12:59:18 pm »

Prosper's marketing machine swings back into action...

http://en.tackfilm.se/?id=1267728710703RA35

 ;D
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Mothandrust: "Why's he off the ballot in Colorado but it's OK for the other 48 states and Hawaii to vote for him"
https://www.prospers.org/forum/index.php?topic=37264.msg807090#msg807090

brianguy

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Re: Hitler chimes in on Prosper...
« Reply #31 on: March 04, 2010, 01:01:37 pm »

I turned the volume way down... it was seeming way too creepy   ;D   figured it would be something extremely dumb once revealed.  like the Geico gecko or something.


but funny.   (ETA)

« Last Edit: March 04, 2010, 03:27:15 pm by brianguy »
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onthefence

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Re: Hitler chimes in on Prosper...
« Reply #33 on: April 24, 2010, 06:53:41 pm »

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Urbi_et_Orbi

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Re: Hitler chimes in on Prosper...
« Reply #34 on: April 24, 2010, 08:02:48 pm »

It's still showing up as active for me.  Can you guys still see it?

http://www.youtube.com/watch?v=8c1fK08-PBc
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Mothandrust: "Why's he off the ballot in Colorado but it's OK for the other 48 states and Hawaii to vote for him"
https://www.prospers.org/forum/index.php?topic=37264.msg807090#msg807090

pioneer11

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Re: Hitler chimes in on Prosper...
« Reply #35 on: April 24, 2010, 08:12:57 pm »

It's still showing up as active for me.  Can you guys still see it?

http://www.youtube.com/watch?v=8c1fK08-PBc
Nope
Quote
This video contains content from Constantin Film, who has blocked it on copyright grounds.
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Urbi_et_Orbi

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Re: Hitler chimes in on Prosper...
« Reply #36 on: April 24, 2010, 08:25:05 pm »

Thanks for the heads up.  I disputed the blocking of this video with a claim of "fair use."
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Mothandrust: "Why's he off the ballot in Colorado but it's OK for the other 48 states and Hawaii to vote for him"
https://www.prospers.org/forum/index.php?topic=37264.msg807090#msg807090

Xenon481

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Re: Hitler chimes in on Prosper...
« Reply #37 on: April 24, 2010, 09:32:58 pm »

Thanks for the heads up.  I disputed the blocking of this video with a claim of "fair use."

I am successfully able to view it.

pioneer11

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Re: Hitler chimes in on Prosper...
« Reply #38 on: April 24, 2010, 09:37:46 pm »

Parody, by itself, is not enough to be considered "fair use".  Further, in the case of these clips, parody may not apply.

Copyright law prohibits the substantial use of a copyrighted work without permission of the copyright owner.  In the case of these clips a substantial portion of the work "Downfall" was taken.  This scene is a likely the most memorable part of the movie, not just a short snippet.  

These clips do not meet the definition of parody (a literary or musical work in which the style of an author or work is closely imitated for comic effect or in ridicule).  The edited clips do not ridicule the movie, actors, producers, or anyone else involved in the original work.  It pokes fun of other subjects, Ipad, Prosper, Xbox Live, etc.  These edited clips are the unauthorized use of the owner's intellectual property to promote the interests of the editor.
  
One might argue that it is a parody of Hitler's personality becoming upset over a trivial matter.  I think that would hold water if it was done with an actual clip of a Hitler speech.

Now, should Constantin Films be getting their panties in a wad over this issue?  Hell no.  They should be spinning this into selling more copies of the DVDs.  That might be their intent.  There is no such thing as bad publicity as long as you spell my name right.
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Why should I save a dog for $19 per month when I can save a child for $10 per month?

pioneer11

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Re: Hitler chimes in on Prosper...
« Reply #39 on: April 24, 2010, 09:40:31 pm »

Thanks for the heads up.  I disputed the blocking of this video with a claim of "fair use."
What part of "fair use" are you going to use in this dispute?
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Why should I save a dog for $19 per month when I can save a child for $10 per month?

Xenon481

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Re: Hitler chimes in on Prosper...
« Reply #40 on: April 24, 2010, 09:41:45 pm »

Parody, by itself, is not enough to be considered "fair use".  Further, in the case of these clips, parody may not apply.

Copyright law prohibits the substantial use of a copyrighted work without permission of the copyright owner.  In the case of these clips a substantial portion of the work "Downfall" was taken.  This scene is a likely the most memorable part of the movie, not just a short snippet.  

These clips do not meet the definition of parody (a literary or musical work in which the style of an author or work is closely imitated for comic effect or in ridicule).  The edited clips do not ridicule the movie, actors, producers, or anyone else involved in the original work.  It pokes fun of other subjects, Ipad, Prosper, Xbox Live, etc.  These edited clips are the unauthorized use of the owner's intellectual property to promote the interests of the editor.
  
One might argue that it is a parody of Hitler's personality becoming upset over a trivial matter.  I think that would hold water if it was done with an actual clip of a Hitler speech.

Now, should Constantin Films be getting their panties in a wad over this issue?  Hell no.  They should be spinning this into selling more copies of the DVDs.  That might be their intent.  There is no such thing as bad publicity as long as you spell my name right.

I would argue that it is a parody of the over dramatic acting and editing of the movie showing that it is possible for just about anything to have been said in that scene.

Edit to add: Also you forgot that it allows for "comic effect" OR "ridicule". This is certainly comic effect.

Edit to add again: Your argument could be used to say that Weird Al's "Amish Paradise" doesn't ridicule the authors or anyone else involved either.
« Last Edit: April 24, 2010, 09:45:56 pm by Xenon481 »
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ira01

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Re: Hitler chimes in on Prosper...
« Reply #41 on: April 25, 2010, 12:41:45 am »

Parody, by itself, is not enough to be considered "fair use".  Further, in the case of these clips, parody may not apply.

Copyright law prohibits the substantial use of a copyrighted work without permission of the copyright owner.  In the case of these clips a substantial portion of the work "Downfall" was taken.  This scene is a likely the most memorable part of the movie, not just a short snippet.  

I'm not a copyright expert, and this is certainly not legal advice, but I disagree.  This clip is a few minutes of a lengthy movie.  And even if it were true that it is the "most memorable part of the movie," that would only be with the original subtitles.  With the Prosper text, that can hardly be said.  Also, the main factor in fair use analysis is the effect the derivative work might have on the commercial interests of the copyright owner.  If you quote all the good parts of a new book, that isn't fair use because no one will want to buy the book anymore.  But I think it would be difficult to say that anyone watching the derivative works here would forgo the movie as a result.  Nor does the prevalence of the various derivative works impact the owner's ability to profit from their own derivative works.  

The risk, I suppose, is that the copyright owner might think that the publicity generated from a lawsuit would be advantageous even if they lose.
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pioneer11

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Re: Hitler chimes in on Prosper...
« Reply #42 on: April 25, 2010, 09:48:04 am »


Edit to add: Also you forgot that it allows for "comic effect" OR "ridicule". This is certainly comic effect.

Edit to add again: Your argument could be used to say that Weird Al's "Amish Paradise" doesn't ridicule the authors or anyone else involved either.
Comic effect or ridicule don't matter if you have not passed the other tests.

Weird Al's work is not a good example because he usually (if not always) gets permission of the copyright owner.

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Why should I save a dog for $19 per month when I can save a child for $10 per month?

Xenon481

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Re: Hitler chimes in on Prosper...
« Reply #43 on: April 25, 2010, 10:22:49 am »


Edit to add: Also you forgot that it allows for "comic effect" OR "ridicule". This is certainly comic effect.

Edit to add again: Your argument could be used to say that Weird Al's "Amish Paradise" doesn't ridicule the authors or anyone else involved either.
Comic effect or ridicule don't matter if you have not passed the other tests.

Weird Al's work is not a good example because he usually (if not always) gets permission of the copyright owner.

The very reason that I picked "Amish Paradise" was because the copyright owner claimed that he did not give permission and was quite vocally upset.

The only test that you pointed out that it violated was Parody and you haven't refuted either what Ira nor I have said regarding Sales and Parody. Are there any other tests that you feel have been failed in a relevant manner?

pioneer11

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Re: Hitler chimes in on Prosper...
« Reply #44 on: April 25, 2010, 10:37:59 am »

Parody, by itself, is not enough to be considered "fair use".  Further, in the case of these clips, parody may not apply.

Copyright law prohibits the substantial use of a copyrighted work without permission of the copyright owner.  In the case of these clips a substantial portion of the work "Downfall" was taken.  This scene is a likely the most memorable part of the movie, not just a short snippet.  

I'm not a copyright expert, and this is certainly not legal advice, but I disagree.  This clip is a few minutes of a lengthy movie.  And even if it were true that it is the "most memorable part of the movie," that would only be with the original subtitles.  With the Prosper text, that can hardly be said.  Also, the main factor in fair use analysis is the effect the derivative work might have on the commercial interests of the copyright owner.  If you quote all the good parts of a new book, that isn't fair use because no one will want to buy the book anymore.  But I think it would be difficult to say that anyone watching the derivative works here would forgo the movie as a result.  Nor does the prevalence of the various derivative works impact the owner's ability to profit from their own derivative works.  

The risk, I suppose, is that the copyright owner might think that the publicity generated from a lawsuit would be advantageous even if they lose.
If it is an absolute requirement that the owners commercial interests are harmed, I agree that Constantin Films should lose.

I have been poking around the interweb this morning and have found some of the parodies could claim fair use.  One in particular is a clip that portrays Hitler as the producer of the movie plotting a scheme to have the parodies taken down.  That clip pokes fun at Constantin Films directly which I think would be fair use.
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