|
Poster:
|
bullie89 |
Date:
|
June 02, 2012 03:44:40am |
|
Forum:
|
feature_films
|
Subject:
|
The Scarlet Letter has been claimed |
Independent-Intl Pictures Corp has claimed the Scarlet Letter which I posted from The Video Cellar. Has anyone else had claims for films from The Video Cellar?
I explained the film had been altered but they will not release their claim. I explained that the Video Cellar holds the copyright to that version of the film.
|
Poster:
|
larus |
Date:
|
June 04, 2012 09:18:59am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
The film seems to have been out of copyright since 1962.
Here is the initial registration:
THE SCARLET LETTER. 1934. 8 reels, sd.
From the novel by Nathaniel Hawthorne.
Credits: Supervision, Larry Darmour;
director, Robert G. Vignola; screenplay,
Leonard Fields, David Silverstein; film
editor, Charles Harris.
© Maj'estic Producing Corp.; 15Nov34;
LP5149.
Based on the registration date, the copyright should have been renewed between November 15 1961 and November 15 1962.
However, there is no renewal in the Motion Pictures and Filmstrips Catalog of Copyright Entries for
1961 (page 124),
1962 (p44 for January-June and p104 for July-December) or even
1963 (p61 for January-June and p125 for July-December).
Well-known public domain distributor Alpha Video also offers it on
DVD, which confirms the PD status of the film.
Independent-International Pictures is not one of the usual copyright hijackers but a legitimate film distributor specialized in exploitation films. As explained in this
interview with founder Sam M. Sherman, the Scarlet Letter became the first film to be distributed by the company after Sherman acquired the 35mm prints for it in 1964 to reissue it in theaters.
It could be an honest mistake where the company fed its entire portfolio into youtube's content-id system without paying attention to expired copyrights. Or the company might feel that their ownership of the 35mm prints should make them the only distributors and is abusing the content-id system to enforce an invalid claim.
This post was modified by larus on 2012-06-04 16:18:59
|
Poster:
|
bullie89 |
Date:
|
June 04, 2012 09:30:54am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
Thank you so very much for the research. I will file a complaint for this. The film has been restored beautifully and I am quite certain they do not have the Video Cellar's version as they just released it a few weeks ago. This is so frustrating. That bogus Music Publishing Rights Collecting Society is claiming music in Hi Diddle Diddle with Martha Scott. They usually release their claim immediately. Why does YouTube not have a list of the truly false claimants? I will send them the list as I have friends that are meeting new ones all the time. However, I doubt they will do a thing about it.
Again, thank you so very much for the research!
|
Poster:
|
k-otic |
Date:
|
June 03, 2012 04:29:27am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
Is it an audio and/or visual claim ?
How did you altered the movie ?
It might be that the youtube contentID confused your video with a newer version of the film
BTW As far as i know "The Scarlet Letter (1934)" is public domain .. Video Cellar can not hold any rights on this movie
The Internet Movie Database doesn´t show any film with the title on the page of Independent International Pictures
http://www.imdb.com/company/co0083917/
|
Poster:
|
bullie89 |
Date:
|
June 03, 2012 07:50:34am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
It is an audio visual claim. I did not alter the film, the Video Cellar did by conserving the original print. My understanding is that all PD films can be modified. If I were to dub McClintock into Castillion then Cinetel MultiMedia could claim that version of the film. The Video Cellar can claim THEIR version of the film too.
BTW are Vanity Fair with Loy and Racing Blood with Darrow PD?
Independent National Pictures is committing Fraud by claiming the film. I really find that ever since Microsoft got involved with YouTube they have made things worse. My credit card was hacked and Bank of America told me it was done by someone at YouTube. Shortly after that, my website was hacked. I have a member of the Community Corps whom loves horses and is an excellent designer repairing my web site. I wanted to raise funds for my Horse Rescue via AdSense and I had to close the account due to the Credit Card hack. It is a mess. Thanks.
|
Poster:
|
k-otic |
Date:
|
June 04, 2012 03:54:05am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
IF the movie in question really is PD no one can claim anything on it ... as long as they didn´t change/restore/adding new content/colorize or what ever on the original.
The reason why Independent National Pictures claim it anyways is like the queston "why do dogs lick their balls? simple answer "because they can".
As far as i understand youtubes contentID system you have 14 days to react on an copyright claim
IF the party that claims the copyright fraud refuses to remove the claim or you don´t react in the 14 days you risk to loose your youtube channel and your ADsense account
So my advice would be to delete the movie ... it isn´t worth the trouble
|
Poster:
|
bullie89 |
Date:
|
June 04, 2012 04:25:52am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
Thank you for your kind reply. I do not like being shoved around by people that make false claims. The Video Cellar did a masterful job at restoring the film and they significantly changed the original ergo, it is a different version of the film. I disputed the claim immediately and they apparently are allowed 60 days to react by releasing the claim. As you know it is impossible to contact a real human at YouTube and I canceled my Adsense account when the credit card associated with my account, which I have had since 2005, was hacked. I will file a complaint against them and Go Digital. I see no reason why these people should be allowed to do this. Those Video Cellar folks should restore films for the film industry that are not PD. They are so great at what they do I am sure they could make lots of money. Again, thank you for your kind reply, rather than insulting me. :)
|
Poster:
|
k-otic |
Date:
|
June 04, 2012 06:17:54am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
looks like that Video Cellar is doing this on an professional scale for quite some time you can find him on amazon ebay and and so on ...
Actually he inspired me to start my own youtube channel :)
it´s just a few weeks old ... but well slowly very slowly it grows.
|
Poster:
|
bullie89 |
Date:
|
June 04, 2012 07:14:51am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
I am so happy to hear that! You have no idea how much I respect their talent. They bring these horrific prints of these PD films and almost by 'Magic' they are watchable. Becky Sharp with Miriam Hopkins was awful but now it is really gorgeous. I love vintage films and I love the Video Cellar. I have downloaded films that apparently not PD such as Vanity Fair with Loy, The Proposal which is a Topper film, and Racing Blood from 1936. I was disappointed when I was not able to put them on my new channel. What is your your channel? I will subscribe. My new channel is: ManesandTailsOrg and it is from my non profit horse rescue email account. I do not need another gmail account. Please let me know the name of your channel and I will subscribe.
Thanks!
|
Poster:
|
k-otic |
Date:
|
June 04, 2012 01:16:05pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
the channel name is QUARX ... its filled with stuff that doesn´t really fit in here
Mainly goverment short training films and footage
|
Poster:
|
bullie89 |
Date:
|
June 04, 2012 03:45:37pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
I will check it out anyway and give you some plays. I am still waiting for my new Adsense account to be approved. I had the account since 2005 and then the credit card was hacked. I have not removed it as I want someone to investigate who perpetrated the Identity Theft and Fraud. Bank of America will sue YouTube if I want them to, but I dislike lawsuits and the nasty retaliatory actions that come with them. People don't have anything better to do with their time which is really foul! I will subscribe to QUARX!
:)
|
Poster:
|
 Video-Cellar |
Date:
|
June 04, 2012 02:10:04pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
Thanks for your kind words.
The film, The Scarlet Letter, is very much in the public domain. Independent-International did build its early distribution business purchasing Majestic Pictures original 35mm elements, including the camera negative, a few years after the film's copyright expired. They have since "restored" the film, but in doing so replaced the titles with titles that imply that Independent-International produced the film. The copy I worked on is from a 16mm reduction of the 1934 theatrical release print with the original scrolling titles intact.
When I uploaded the film to Youtube the I-I claim came through on my channel too, blocking the video worldwide and giving me a Content ID strike. I disputed it. They simply ignored the dispute. After 30 days the dispute expired and all restrictions were lifted, as well as the strike. Sometimes it just takes some patience and waiting out the expiry date for the claim (this will come up on the claim details page once you dispute.) While your dispute is running the claimant does not make any ad revenue from views.
On the whole I-I is a legitimate distributor, even if they have made some questionable GATT/URAA claims on public domain movies like "Blonde Captive". They haven't really done anything with their YT channel for over a year so I assume they have just forgotton about it.
In your dispute, mention that the film's copyright has been expired since 1962. That the print you have used is not their copyright "restored" version. That you have permission from the creater of this version to upload the film and that their claim is infringing those rights under various international copyright laws. Be polite and non-confrontational/accusatory in your disputes - this is the best way to get results by presenting just facts about the copyright status.
On the Music Publishing Rights Society claimants these accounts are unmonitored. If you dispute these claims with the public domain option they instantly dissapear. No human monitors these claimants and the system is set to give you the benefit of the doubt by agreeing by default with your dispute. This doesn't work if it is a combined claim such as "believe and music publishing rights collecting society". In those cases the other claimant will have to release the claim (or the claim expire) before any restrictions are lifted.
|
Poster:
|
bullie89 |
Date:
|
June 04, 2012 03:23:01pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
I am always polite when I dispute. I explained that the version of the film they are claiming has been vastly improved by The Video Cellar and that you could copyright it if you want to. In short, it is not the noisy and hard to watch film that they have. They know full well what I am saying is valid. I don't know why these people hold on to their claims when they are not making a cent on the plays.
Regarding music, that is a nightmare. EMI claimed something from a Robert Wagner film called Beneath the 12 Mile Reef. EMI does not need to do that. Warner Brothers released their claim to some music in 'Life with Father' instantly when I said I was sure they most likely held the copyright, but could I please keep the film on my channel. Go Digital is the worst! They reinstated their claim for another month. They cannot be contacted unless they add you as a contact! What is the point? Music Publishing Rights Society is something I researched and they are not a valid company. If they don't make anything when they are disputed, then why do they put themselves at risk? Independent Musicians were having their music claimed by that. Where is the RIAA when the musicians need them? Those artists are pooling their funds for a legal action.
I am amazed at the work that you do. I just wish that all of the restored films were in the Public Domain. I know you have improved them but they do not appear in the main section of the archive and there is no corresponding video on the IMDB. Well, I guess one can't have all they wish for!
I am now addicted to the films that you restore. I wait around to see when a film that is still poor quality (such as Becky Sharp was) to post until you have had the time to restore it! :)
Thanks for the pointers, they are greatly appreciated.
|
Poster:
|
alphatango |
Date:
|
June 03, 2012 08:41:47am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
Be aware! bullie89 is also known as I Am Gen X.in this forum. In previous posts he/she was claiming he/she was a lawyer knowing everything about copyright laws and telling all kind of other nonsense. The guy/girl is completely nuts.
|
Poster:
|
bullie89 |
Date:
|
June 03, 2012 02:05:43pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
From the Video Cellar Notice on the site:
Unless otherwise noted, the films in this collection are public domain and are free to be redistributed, reused or remixed.
Original text material on the item description page is copyright and permission must be sought from the collection owner before any original text descriptions can be duplicated in any way.
Due to the time, effort and expense spent in presenting some films in this collection, they are presented under creative commons licenses. This is because the film has been altered in a manner that justifies a derivative work copyright. The Video Cellar asks that any use of these works is non-commercial and acknowledges the print source with either a link to the item page or The Video Cellar Collection page.
The Video Cellar can justify a derivative work copyright.
Please stop being so nasty to me. I am not the person you think I am and defaming me is, I am pretty sure not quite legal. I am not nuts.
|
Poster:
|
bullie89 |
Date:
|
June 03, 2012 09:04:56am |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
I am not 'I Am Gen X' in this forum and I do not claim to be an attorney with knowledge of copyright laws. Please get it straight. I ask questions and I always hope someone will answer them with patience and understanding. No need to slam me.
Thanks.
|
Poster:
|
Moongleam |
Date:
|
June 02, 2012 12:21:52pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
You post makes no sense.
Several films named "The Scarlet Letter" exist. Whenever you refer to a film, you must give the release year so that someone can understand what you are talking about.
The Video Cellar Collection at the Archive does not contain a film titled "The Scarlet Letter".
Where did you "post" the film?
|
Poster:
|
Video-Cellar |
Date:
|
June 04, 2012 02:45:16pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
I wish I made the kind of money that that site implies. I make about $1500 a year which goes back into finding and transferring a couple of new prints a year and choosing one or two worthy film festival projects to help out with like:
http://www.ozufilmfestival.com/it/2012/05/ozu-short-tracks/
|
Poster:
|
bullie89 |
Date:
|
June 02, 2012 03:36:02pm |
|
Forum:
|
feature_films
|
Subject:
|
Re: The Scarlet Letter has been claimed |
The Scarlet Letter 1934 with Alan Hale and Colleen Moore is in the Video Cellar. I posted it on my channel on youtube.
Thanks.
TVNews
OpenLibrary