|Lewis Bond from the UK who creates video essays was sued after selecting Stanley Kubrick’s 1971 classic 'A Clockwork Orange' as a subject matter and uploading his work to YouTube. The copyright owners want huge damages for willful infringement.
If you examine Lewis’ work, it would leave you in no doubt that his work is documentary in nature, with masses of commentary and criticism throughout. Nevertheless, the US-based Serendip LLC filed a lawsuit against him asking for $150,000 in damages. The most interesting thing is that their claim has nothing to do with Stanley Kubrick himself.
Serendip LLC explains that it owns the copyrights to music created by composer Wendy Carlos who wrote the soundtracks for A Clockwork Orange (1971). Serendip describes Lewis’ video as containing aggregate of about 3 minutes of music taken from Carlos’ three tracks. The lawsuit doesn’t mention a fair use exception in the lawsuit, but there is a subtle hint that the company might believe the reviewer’s commentary on the movie not only stopped short of musical analysis, but also presented Carlos’ work out of context.
Serendip LLC admits that at no time does the video commentary discuss the music or its context as displayed in the video. The company sent a takedown notice to YouTube back in winter, and YouTube disabled the video. However, Bond filed a counter-notice, which YouTube passed on with a note that Serendip LLC must start a legal action within 10 business days or YouTube may reinstate the video.
In the lawsuit, the publisher also demands statutory damages of up to $150,000 per infringement along with attorney fees.
Thanks to TorrentFreak for providing the source of the article.
Wednesday, June 8th, 2016
|He called their bluff and they weren't bluffing. Hard to feel sorry for the guy.|
|Kinda smells like one of those "I hope the kid settles so we don't have to prove it in court" kinda things.. to me..|
|Again seems harsh for what it is. Maybe they should also see if they can sue him for mentioning the name of the movie too? (Clockwork Orange) LOL. Oh Lordy now they may want to sue me too.|
Seems they have a Facebook page. With zero likes.
|More copyright trolls creeping out of the woodwork.||
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