OUTRAGEOUS CENSORING

In the United States there is no censoring…or is there?

A number of companies have without authorization from either studios or filmmakers, been editing, selling and renting alternate versions of motion pictures to the public. They use a software called Movie Mask (pre-programmed masks or filters) or other technologies to remove what they consider to be offensive language, violence, nudity and sexual content or to put clothes on actors. In fact they are going far beyond deleting a few words, as they are also inserting products into the film, or turning swords in light sabers. Further, once the edits are made to remove what these companies consider "objectionable" material it is possible for them to remove political opinions or other undesirable elements of the story.

Consumers vote for a film with their pocketbook and they decide whether or not to purchase or rent a DVD. Clearly not all films are for all people just like not all books are for all people. What company buys a book, rips out pages that they think is offensive, and then sell it with the author’s name intact? This practice is insane. Yes, studios and producers deliver edited versions for television or airline release. But these edited versions are with the filmmakers’approval and in some instances he/she has shot alternative scenes just for that purpose.

Under U.S. law, no person or company has the right to profit from creating a new version of a creative work unless they own the rights to that work. Copyright’s role is to fashion the necessary inducements for the creation of entertainment. The copyright is a very successful technique for providing financial incentives for any form of entertainment. It gives its creators exclusive rights in their work. And these rights may be authorized to others to use in the entertainment marketplace. This lets people create whatever they think may appeal to an audience or to exercise their creative voice as they see fit.

Entertainment creators have asserted the right to prevent circumvention of technology based protection measures through Congress’ enactment of the 1998 Digital Millennium Copyright Act in the belief that technology has a role to play in stopping the piracy issue (which was created by technology itself - by the way). The technologists today probably believe that digital technology must be permitted to develop and evolve free of the law’s requirement that certain things not be done except by someone’s consent. Well the legal fights happening over these issues will determine if that is true.

There is no doubt that entertainment creators like we Independent Producers must assert our rights over our work. We know that technology manufacturers won’t. As in earlier technologies it is hoped that digital technologies will be licensed and if it takes years and years of the greatest of our legal minds to eventually determine why licenses are required then so be it. Independent producers must stand (and take a stance) with studios and other filmmakers on this issue. --MS