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Comment Re:Physical Stores (Score 3, Insightful) 323

I can walk into a physical store 2 miles from my house, drop 5 bucks for a movie, and if I bring it back within 24 hrs, I get 4 bucks back.
Why can't I just pay $1 /movie to stream any video I want whenever I want?

Well if the movie studios had their way, you wouldn't be able to rent movies cheaply on disc either. They have no interest in customer satisfaction, convenience, or affordability.

Comment Re: In before... (Score 5, Informative) 321

Sigh.

No, publicity rights are a branch of state tort law. Copyrights are a sui generis branch of federal law.

And a copyright release is just a copyright license (or more rarely, an assignment), which means that it pertains to a particular creative work. A publicity release has to do with using someone's face, image, statements, etc. While you could conceivably have them both in the same form, it's rare that you'd need to or want to.

And I assure you, they are not related even the teeniest tiniest bit. Not in their policy goals, or how they originated, or which governments created them, or who gets them, or how long they last, or what they cover. There is no commonality.

Are you too lazy to google for the difference between copyrights and publicity rights? Perhaps this web page from the Library of Congress will help you out: http://memory.loc.gov/ammem/co...

Comment Re:Dangerous precedent (Score 1) 321

A performer owns copyright of their performance, unless otherwise agreed.

No, not quite.

A mere performance, by itself, is not copyrightable. In order to be copyrightable, a performance must be fixed in a tangible medium. This always raises the question of whether the person doing the fixation is the actual author, or at least a joint author, with equal rights in the work. Basically it hinges on creativity. If the actor is in charge of their own costuming, lighting, cinematography, and direction, and everyone else is just following orders like a robot, with no creative input, and we set aside issues of works made for hire, then yes, the actor would be the sole author of the film. But if the actor isn't in charge of everything which, along with the performance, is being filmed, then they may be only one of many authors, and if it's the actor who is following orders like a robot, the actor may not have contributed any sort of authorship at all.

Burrow-Giles Lithographic Co. v. Sarony is what you'll want to take a look at.

Comment Re:In before... (Score 4, Interesting) 321

Second is the long-standing interpretation of copyright law saying that people own copyright on their own appearance.

Got some cases you can cite for that?

Typically, when making a movie or taking pictures of a person, you need the actors' or models' permission*.

And publicity and privacy rights, which are what you get releases for, are not copyrights. They are not even vaguely related.

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