Techdirt. Stories filed under "trailers"

Did You Embed The Leaked Trailer For Dark Knight Rises On Your Blog? Under SOPA, You May Face Jail Time

Mike Masnick — Wed, 21 Dec 2011 07:17:00 PST

You may have heard that, over the weekend, the trailer for The Dark Knight Rises was leaked (eventually leading to the official release of the trailer). As tends to happen with these kinds of things, they spread pretty quickly and the video (which, let us remember, is an advertisement for the movie) went pretty viral, and lots of people were sharing it. Now, if you're normal and clueful, this is a good thing. If you're lawyers for Warner Bros., you flip out and start sending out legal notices. Rob Sheridan received one of these notices after he included the embed of one of the videos of the trailer on his Tumblr site. He pointed out how ridiculous it is that he's getting hit for merely embedding a video, since he doesn't host it at all, and it seems like the takedown notice should have gone to the folks actually hosting the video instead. Unfortunately, it's become equally popular to go after those who link to infringing content, usually relying on 512(d)'s requirements that "information location tools" "disable access" to the material once notified. Thus, Warner Bros notifies Tumblr, and there goes the video. Personally, this seems silly. A simple link or embed should never be seen as infringing, especially when it's easy enough to go after those actually hosting the video.

That said, this whole incident should be a damn good reminder of why the felony streaming portions of SOPA in the House and S.978 (the felony streaming bill) in the Senate are pretty scary. Under those bills, Sheridan could have potentially faced many years in jail for his helping to promote this movie. Remember, the point of these bills is to make a willfully infringing "public performance" of such works a potential felony. It has to be for commercial advantage or private financial gain, but those can be broadly interpreted: if the purpose is to get people to your site and advertise yourself and your work.. that can be commercial advantage. It's willful, because everyone knew the video was leaked, and not legit at the time. But is it a public performance? Hell yes.

Courts have determined that links can be public performances, noting that:

the most logical interpretation of the Copyright Act is to hold that a public performance or display includes each step in the process by which a protected work wends its way to its audience.... Using the same approach, the court determines that the unauthorized “link” to the live webcasts that Davis provides on his website qualifies...

So forget about worrying about Justin Bieber going to jail... start worrying about merely embedding the trailer for The Dark Knight Rises.

Is this really the kind of law that America needs right now?

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Marvel Issuing Takedowns Over Thor Trailer; Hey Marvel: Trailers Are Advertising

Mike Masnick — Fri, 30 Jul 2010 16:21:55 PDT

There's been plenty of buzz over the the upcoming movie Thor, and at the recent Comic-Con in San Diego, Marvel apparently showed off a trailer of the movie that got people excited. Of course, with so many people in the room, some filmed it, and it didn't take long for the clip to go online. Other movies have done this as well. I remember last year that Jon Favreau showed the first clips from Iron Man 2 at Comic-Con and then happily tweeted links to videos that people had put up. Apparently, however, Marvel isn't too happy about this. Benny6Toes points out that the trailer has been taken down and looking around the web, it appears to have been taken down from a bunch of sites, though others claim you can find it if you really want.

Either way, I'm trying to figure out how this makes any sense at all. It's a trailer. The whole idea of it is to act as advertising for the movie and get people more interested in seeing the movie. And having people put it online for you makes it free advertising, which is even better. So why take it down at all?

In the meantime, since apparently it's forbidden to show the real trailer, we might as well include the absolutely hilarious fake trailer of a different mythologically-based movie, which is what the movie God of War, based on the video game of the same name, would look like if made by Wes Anderson: Now, there's a movie I'd see.

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MPAA Worried That People Don't Know A Gun Can't Shoot Through Your TV

Mike Masnick — Thu, 24 Jul 2008 07:03:00 PDT

Apparently the MPAA is quite worried that people watching a movie trailer might not understand that a gun pointed at the screen can't actually shoot through the screen. The organization is forcing preview trailers that show someone pointing a gun directly at the screen to actually change the video or cut that scene out of the ad. As the report at the AV Club asks, is the MPAA worried that someone from a century ago who's never seen TV or a movie is going to suddenly show up and freak out? Anyone who's seen the movie This Film Is Not Yet Rated knows that the MPAA works in mysterious ways, but this just seems ridiculous.

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