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I have exclusive WWF Films (Intellectual Property)

Sat, 10 Nov 2007 19:43:00 GMT

What is the name of your state? NY
I just cut a 5 minutes Trailer which includes about 20 seconds video and maybe another 20seconds background audio of a VHS I pirated off television around 1980. It shows Bob Backlund, the Moondogs, and Captain Lou Albano of the WWF. and a whole lot of children who run into the Ring to congratulate Bob Backlund on a win. On the audio is Vince McMahon and Pat Patterosn. Mind you this iall took place around 1980. I was told by a Wrestling Museum curator I'm apparently the only one in the world who taped these shows. Incidentally I have a hours of them.
I'm wondering about the Fair Use of this short amount of Material in my new Trailer. I already had a run-in with the folks in Stamford who forced me to sign something after I got pestered to sell them $30 worth of Film in a sting operation.
Am I ok with using this short amount of my world exclusive WWF Materials and submitting this Trailer to Film Festivals? Many thanks for your advice.

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  • Comments
  • Mon, 12 Nov 2007 14:26:00 GMT(1)
  • Quote:

    Originally Posted by HomeGuru

    **A: Vince will have the smackdown layed on YOU.

    67,068 Posts? I'm pwned.
    I'm taking Quincy's advice and not letting the smackdown happen to ME in the first place. I have time booked at the Film Lab tomorrow 12 Noon in order to "adjust" the Trailer. I'm taking no chances because WWE Legal takes no prisoners.
    Why oh why was I blessed with such Pirating Talents?
  • Sun, 11 Nov 2007 17:57:00 GMT(2)
  • I would definitely consult with an IP attorney in New York and have the attorney carefully review your trailer prior to any thoughts of publication. You will probably need licenses and/or releases to use any of the material.
    I can see several areas that could be problematic for you.
    First of all, fair use is determined at the court level. How much is too much would be decided then, based on several different factors. Courts, however, are not real lenient when it comes to the use of copyrighted material of any length for commercial or non-scholarly purposes, and when there is wholesale copying of someone else's work it is not fair use. None of your material would be in the public domain yet, either, so copyrights would still remain.
    In addition, you would be violating the rights of privacy and publicity of the people appearing in your clip, without releases giving you permission to use their images.
    And, you could have trouble with infringement of the WWF's trademark (which is now WWE) and any ownership they may have in the 1980 broadcast.
    Plus, since the material was pirated to begin with, you could have legal woes with the television station that aired the material originally.
    Because of so many areas that could lead to legal difficulties for you, I emphasize again the need to speak with an IP attorney in your area, who can review what you have and give you proper direction.
  • Mon, 12 Nov 2007 13:16:00 GMT(3)
  • Quote:

    Originally Posted by Clt747

    Quincy, can I send you a PM?

    **A: Vince will have the smackdown layed on YOU.
  • Tue, 13 Nov 2007 00:43:00 GMT(4)
  • Quote:

    Originally Posted by Totalwreck123

    67,068 Posts? I'm pwned.
    I'm taking Quincy's advice and not letting the smackdown happen to ME in the first place. I have time booked at the Film Lab tomorrow 12 Noon in order to "adjust" the Trailer. I'm taking no chances because WWE Legal takes no prisoners.
    Why oh why was I blessed with such Pirating Talents?

    **A: what is wrong with you? You don't know who Vince is?
  • Mon, 12 Nov 2007 12:37:00 GMT(5)
  • After reading this, it's like Christ on the cross saying "It is done." That's all. I don't need any IP attorney. You served the purpose. Especially after the run-in I've already had with the nice folks in Stamford.
    They saw a mention of this on one of my websites, I kept getting emails from a woman telling me she wanted to buy some of the footage. I kept putting her off for 3 months until finally I said "ok, send me $30.00 and I'll send you a dub." The next day I got one of those front of house emails telling me she's from the WWE and she's sending me some papers to sign, etc.
    There's other pirated footage I have on this Trailer from ABC/TV but luckily they've been pretty lenient SO FAR letting me use it. Nobody's really said anything. In fact I have one of the original producers onboard who originally did the Show. I prefer to remain anonymous here on FreeAdvice.
    I appreciate your kudos what I did at the WWF in that timeframe. Btw it's not 100's of hours it's only about 8 hours. But it includes everyone, the aforementioned and too numerous to name, like Freddie Blassie, the Grand Wizard, George Steel, Adrian Adonis, Magnificent Morroco, Jimmy Snuka, oh tons and tons of this. I was told by a Wrestling Museum (who featured some of this footage to gleeful fans for a time) that my tapes are "One of a Kind."
    I don't know what I can do now until 2075. Any suggestions? Keep in mind I've already been cited by an irate WWE.
  • Mon, 12 Nov 2007 19:46:00 GMT(6)
  • Quote:

    Originally Posted by quincy

    Clt747 - What's up? Why the PM?
    Totalwreck123 - I think if WWE is already expressing "displeasure" at your possession and potential use of the material, you are probably wise to delete it from your trailer. As for what to do until 2075 with the material you have: no clue. Your best bet is to sit down with an IP attorney and review everything. The attorney may be able to tell you what uses are legal (if any).

    All I can say is a Big BINGO on THAT, quincy. In the 11th hour you saved me a whole lotta jail time. I owe you.
    I guess we'll never know if the organization has their own copies of the footage; they may or may not. I know I have it. Btw I have more than 10 hours. I have about 15 hours. The quaility came out pretty incredible on the Trailer, being I produced a 6 hour-long VHS originally around 1980. The footage is darling, but what good is it if I can't display it until 2075? I'll prbably be long gone by then.
    As a sidenote I'm sending out a press release about the trailer and posting it to Youtube. I'll include a page where I state "so n' so also has WWF Tapes from 1980" and when everyone sees an otherwise blank page there they may realize what's going on with the absence of the Footage.
    Now my other television show I pirated (and got some pretty good notoriety about) is prominent on the trailer as well. As far as that goes it I get a letter from ABC/TV I'll have to remove that as well. One of the Performers on this other television show recently emailed me telling me I'd better stop promoting this Material or he was going to contact his lawyer about it. He never did.
    This other one is something. I'm not going down without a fight about. It's a quite amusing and well-known story on the Internet how I "aquired" this other amazing footage but like I say I prefer to remain anonymous here on FreeAdvice. I think the trailer could go all the way.
    Speaking to an IP lawyer of course is something that should be done. I have one in Los Angeles who says if there's any problem with this other famous pirate I have he'll step in and try to straighten everything out. I'm hoping for world wide headlines starting with my trailer.
  • Mon, 12 Nov 2007 02:23:00 GMT(7)
  • Totalwreck123 -
    I outlined areas for you that I saw as potential problems. An IP attorney would be able to review all of your material personally, however, and let you know better whether my analysis, from this distance, was appropriately "gloomy" or not.
    On a positive note, your hundreds of hours of WWF tapes from the 1980s are probably pretty valuable, especially if no one else thought to record them. And, if you can wait until 2075, all of the material will be in the public domain and you can use them as you wish.
  • Mon, 12 Nov 2007 18:54:00 GMT(8)
  • Clt747 - What's up? Why the PM?
    Totalwreck123 - I think if WWE is already expressing "displeasure" at your possession and potential use of the material, you are probably wise to delete it from your trailer. As for what to do until 2075 with the material you have: no clue. Your best bet is to sit down with an IP attorney and review everything. The attorney may be able to tell you what uses are legal (if any).
  • Mon, 12 Nov 2007 13:33:00 GMT(9)
  • I wanted to respond to that, but I sat here for a couple of minutes just staring at the empty reply box because I have no idea what you said. :-)
  • Tue, 13 Nov 2007 00:57:00 GMT(10)
  • I know what I know of him, in my tapes. I sort of met him at a match in MSG once, he'd remember me for certain. Incidentally, I wasn't pirating or filming at that moment
  • Mon, 12 Nov 2007 19:02:00 GMT(11)
  • Quote:

    Originally Posted by quincy

    Clt747 - What's up? Why the PM?

    Just something I wanted to tell you privately. I was going to send you a PM and saw you don't have them enabled, so I thought I'd ask. Not a huge deal, just something I thought you should know.
  • Mon, 12 Nov 2007 12:41:00 GMT(12)
  • Quincy, can I send you a PM?
  • Sun, 11 Nov 2007 23:24:00 GMT(13)
  • This sounds pretty gloomy. Plus with the "warning" I've already recevied from them, this whole equation could add up to JAIL TIME for me plus a substantial monetary fine.
    I wasn't aware of any of this. I think what I better do now is remove the WWF materials and just leave a note in the Trailer stating I'm the only one who taped the shows. This way everyone will know I did what I did, and have to trust me a bit why they can't see it.
    As far as the audio, it's just a little bit but maybe that's removable too. I talk over it but I'm starting to worry a lot now, especially because this Trailer is really not intended as "educational" but rather for profit.
    I guess that's about all I can do at this point. Thank you so much for this advice.
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