(Dead) actors revival

[Sven Koerber]

On Saturday, August 21, Aaron Gerow wrote:
> beyond copyright issues, any use of
<such grabs requires the consent of all the actors who appear in the
>frame grab.

There come some difficulties with the use of frame grabs, since it is kind
of a photo taken from the actors. But with the use of Computer Graphics, I
think You cannot tell it a "direct" photo, since You modify an image of the
actor by Yourself, just as You would paint a picture. Even if there will be
problems, You can alter the CG a little bit and can say "this is a
completely different person" (Wasn't there once a case with a company using
a logo that looked like Mickey Mouse ? For not getting sued by Disney they
changed it just a little bit, and called it an original logo by themselves).

There could be some tricky tribunal cases in the future, since it seems hard
to call where the border of personal-made CG-art and the violation of the
personal rights of actors and filmmakers is.

Greetings,

Sven Koerber


----- Original Message ----- 
From: "Aaron Gerow" <gerowaaron at sbcglobal.net>
To: <KineJapan at lists.acs.ohio-state.edu>
Sent: Saturday, August 21, 2004 4:19 PM
Subject: Re: (Dead) actors revival


> That's a good question. It has been my understanding that rights of
> publicity (shozoken) are not established under copyright law, but come
> from rights established under the constitution (the right to happiness,
> etc.). Thus while copyright can expire, publicity rights are much more
> vague. In most cases, it seems that the estate of the star manages the
> shozoken after his or her death, and in Matsuda's case, it seems the
> company Office Saku does that (remember that Yusaku's wife and son are
> still active in the geino world). Does anyone know anything more
> specific about this?
>
> I do worry about how sticky this issue can be. While, for instance, I
> think one can with no problem under copyright precedent in Japan use
> DVD frame grabs as quotations in publication, I've had some companies,
> like Office Kitano, argue that, beyond copyright issues, any use of
> such grabs requires the consent of all the actors who appear in the
> frame grab. If that was true, then it would become virtually impossible
> to use frame grabs in publication, especially if the actors are dead. I
> think this is ridiculous, but given the overzealous push for
> intellectual property rights these days, I fear this interpretation may
> pose a real obstacle some day.
>
> Aaron Gerow
> Assistant Professor
> Film Studies Program/East Asian Languages and Literatures
> Yale University
> 53 Wall Street, Room 316
> PO Box 208363
> New Haven, CT 06520-8363
> USA
> Phone: 1-203-432-7082
> Fax: 1-203-432-6764
> e-mail: aaron.gerow at yale.edu
>