Hollywood Wins 'Sanitized Videos' Case
by AFA Journal
August 24, 2006
(AgapePress) - - The entertainment industry scored big with its recent victory in a lengthy legal battle over the production and distribution of DVDs that contain sanitized versions of theatrically released films.CleanFlicks, CleanFlicks of Colorado (a separate entity), CleanFilms, Play It Clean Video, and Family Flix USA are known for making copies of an official DVD release and then editing out offensive content such as sex, nudity, profanity, and violence. Customers were required to purchase or rent both the original film and the edited version.
The businesses claimed they had the right to produce sanitized versions of the films based on First Amendment and fair use grounds, which allow for the use of copyrighted materials when it comes to criticism, news reporting, and parody, among other circumstances. However, the Directors Guild of America (DGA) and major studios MGM, Time Warner, Sony Pictures Entertainment, the Walt Disney Co., DreamWorks, Universal, 20th Century Fox, and Paramount Pictures claimed that such production is copyright infringement.
Senior U.S. District Court Judge Richard Matsch recently ruled in favor of DGA and the studios and ordered an immediate end to all production, manufacturing, creation, sale, and rental of the edited films. "Their business is illegitimate," Matsch wrote in a 16-page ruling. "The right to control the content of copyrighted work ... is the essence of the law of copyright."
According to the businesses, the movie studios were not harmed in any way nor did they lose any money since the businesses purchased an official release for every film they edited and included it alongside the sale or rental of every cleaned-up version.
As a result of the court's ruling, CleanFilms was forced to end its relationships with customers and affiliated groups, including the Mississippi-based pro-family group American Family Association (AFA).
"Although our relationship as ended, we were pleased to be affiliated with CleanFilms," says Cherry Sims, director of media placement for AFA. "The company offered a valuable product for families who were interested in viewing current movies without being subjected to gratuitous sex, violence, and profanity.
"We regret the decision of a federal court to place the 'creative artistic expression' of Hollywood over the responsibility of parents to choose what is best for their families to watch. The federal courts have simply kowtowed to the arrogant Hollywood elite in lieu of common sense, decency, and the innocence of our children."
The businesses said they planned to appeal to the 10th U.S. Circuit Court of Appeals.
This article, printed with permission, appears in the September 2006 issue of AFA Journal, a monthly publication of the American Family Association.
