Comments on: Buffy vs. Edward: A lesson in gender roles, digital activism and fair use rights http://www.simoncolumbus.com/2009/07/19/buffy-vs-edward/ Fri, 03 Feb 2012 11:48:57 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Simon Columbus http://www.simoncolumbus.com/2009/07/19/buffy-vs-edward/#comment-435 Simon Columbus Mon, 20 Jul 2009 00:49:18 +0000 http://www.simoncolumbus.com/?p=119#comment-435 @omahabitch One might indeed compare the Zitatrecht to fair use right, that' true. But, as the Zitatrecht does not go even nearly as far as the fair use right, it would be a very uneven comparison. For this specific film I doubt it would be legal in Germany. While I am not sure about the Zitatrecht for film, I know that for both text and images it is indispensable to add not only new value, but new content to the work; and that new content has to be the major part. In this case, where McIntosh took several movies, tore them apart and rearranged them, I see little chance for it to fall under the Zitatrecht. But I see you are a film expert, so if you could provide me with a proper source on German Zitatrecht for film I'd be grateful. @omahabitch
One might indeed compare the Zitatrecht to fair use right, that’ true. But, as the Zitatrecht does not go even nearly as far as the fair use right, it would be a very uneven comparison.
For this specific film I doubt it would be legal in Germany. While I am not sure about the Zitatrecht for film, I know that for both text and images it is indispensable to add not only new value, but new content to the work; and that new content has to be the major part.
In this case, where McIntosh took several movies, tore them apart and rearranged them, I see little chance for it to fall under the Zitatrecht.
But I see you are a film expert, so if you could provide me with a proper source on German Zitatrecht for film I’d be grateful.

]]> By: omahabitch http://www.simoncolumbus.com/2009/07/19/buffy-vs-edward/#comment-434 omahabitch Mon, 20 Jul 2009 00:28:45 +0000 http://www.simoncolumbus.com/?p=119#comment-434 "In Germany, for instance, this video could not be published: There is no such thing as a fair use right here; and I am quite certain that the rights holders of Twilight would not, even for money, allow their work to be used as an example for antiquated gender roles." I am sorry but that is not true. In Germany, there is the so-called Zitierrecht (right of citation) that basically says the same thing as the fair use-right. The American fair user however goes a little further. In Germany, each of these mashup videos would have to get evaluated separately, there are no rules of thumb or something saying how much of the original you can use, the only criteria is that you use the works to either create a new piece of art that stands on its own or to make a journalistic or scientific statement. I am absolutely sure that the creator of this video would not get into too much trouble given his reflected and sophisticated explaination of his motives. “In Germany, for instance, this video could not be published: There is no such thing as a fair use right here; and I am quite certain that the rights holders of Twilight would not, even for money, allow their work to be used as an example for antiquated gender roles.”

I am sorry but that is not true. In Germany, there is the so-called Zitierrecht (right of citation) that basically says the same thing as the fair use-right. The American fair user however goes a little further. In Germany, each of these mashup videos would have to get evaluated separately, there are no rules of thumb or something saying how much of the original you can use, the only criteria is that you use the works to either create a new piece of art that stands on its own or to make a journalistic or scientific statement. I am absolutely sure that the creator of this video would not get into too much trouble given his reflected and sophisticated explaination of his motives.

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