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Porn Users Forum » could my porn review blog show brief clips from scenes?
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03-19-12  11:29pm - 4623 days Original Post - #1
ArnoldDeLaCruz (0)
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Posts: 2
Registered: Sep 19, '11
Location: San Diego
could my porn review blog show brief clips from scenes?

So i want to start a porn review blog. I'm not looking to make money - I just want to share my reviews.

Each blog entry would include a 30-second clip of video from a given porn scene, with a textual review of how one of the performers executed a particular act (common in porn) within those 30 seconds. I would also comment on the production quality -- lighting, sound, etc.

The 30-second clips would be excerpts that I carve out of full-length movies i have downloaded as a member of various sites. I would use FinalCut to make the 30-second clips.

Would my use of the 30-second clips be considered a "fair use" because I am reviewing the clip as a critic?

I think the fact that I don't want to make any money off my blog might help the case for "fair use." Also, the fact that I'm only using brief excerpts could be important.

Any thoughts? Much appreciated!

03-20-12  08:45am - 4622 days #2
Cybertoad (0)
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Posts: 2,158
Registered: Jan 01, '08
Location: Wash
Most videos have watermarks of some kind which means they have a possible trademark on it. You can not from my knowledge recreate another persons work in this fashion.

Lets take a look at this, you can not go on Youtube and replay a full video of lets say Metallica ( its a rock band for those who do not know) and you have there video. And you review it. NO, you can do that, however you and your buddies can get together in your garage and recreate your version and post it and give a review. Giving credit to Metallica.
Kinda the same reason I can say the word Metallica in here and have the rights to my opinion.

Its a slippery slope, as example I worked an a music CD and even though my name is on the CD I had to get permission to use it in my film, as the original purpose was changed.

If I have a movie and you wanted to recreate my movie and review it live. With out permission from me, you could get sued. More over if the review was not positive or to my liking I could sue for slander.

If you buy the video or DVD reproducing the cover would not be as big and issue. Or doing a website copy. However you maybe be asked to take it down by the owners. Same way a site owner could ask that PU remove a site we review.


I am going to close in saying it is a slippery slope using anyone copyrighted material. for free or profit. Not only that but your reputation can be made or broke by saying a site or scene sucks. There are free sites that do similar and do so with huge TOU, and work to be done legally.

CT Since 2007

03-20-12  11:32am - 4622 days #3
Wittyguy (0)
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Posts: 1,138
Registered: Feb 04, '08
Location: Left Coast, USA
The intellectual property world gets a lot murkier when dealing with video as opposed to the written word. My pea brained understanding is that it's fine to quote an author of book when doing a review so long as you attribute the source information. That's been a long standing and recognized rule.

Video is more difficult. I think that if you were a reviewer it would probably be OK to link to an official trailer in your review. However, it sounds like you're going one step further here and actually downloading the original, editing it, and then posting a revised video without express permission to do so. I'm thinking this is creating a problem that has no solution except shelling out some $$ to a lawyer when you get a cease and desist letter. The fact that you aren't making any money from your blog is of no consequence here. I think you need to do some more research before jumping in with this one.

03-21-12  09:02am - 4621 days #4
Cybertoad (0)
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Posts: 2,158
Registered: Jan 01, '08
Location: Wash
Yes WG, this is so true, as I put even on a CD of music that I partially owned. Being media I still had to get permission although it was free cause I own part of it. Being I was not sole owner I had to get permission to reproduce and use it in my movie.

So Arnold, if that is any example of how much more it would take to use items you do not own to use in a site you would own. The problem is not having a review, it is strictly copying another material and .............
And ....... making it public.

Lets take this a step further, lets say you hypothetically had an account at Twistys, and downloaded a video with Nicole Aniston. And you decided to put it on DVD, and maybe invite a few personal friends to watch it at your house for free of course. Your user rights extend to that personal use in most countries.
You can not however take that video down to a club you own and show it to your guess even for free.

So will you run into the problem of taking video and involving a business in this case your website provider, your internet company etc.

Once, you cross the line from personal use and involve any business in your venture it no longer was just personal use.

And that is where your obstetrical will lay. Since 2007

03-22-12  08:11am - 4620 days #5
ArnoldDeLaCruz (0)
Active User



Posts: 2
Registered: Sep 19, '11
Location: San Diego
thanks very much for the perspectives on this.

taking your thoughts into consideration, and reflecting a bit more, I think I will do something that kinda seems obvious: I will contact the websites and ask for permission.

I expect at least some sites will give the go-ahead. My reviews are going to be positive, focusing only on good moments ("look how expertly she Xs, Ys, and Zs in this scene..."). And each review will link to the relevant page of the studio that produced the vid, potentially driving membership.

Thanks again... and stay tuned!

03-22-12  08:28am - 4620 days #6
Khan (0)
Suspended



Posts: 1,737
Registered: Jan 05, '07
Location: USA
Originally Posted by ArnoldDeLaCruz:


Thanks again... and stay tuned!


I allowed your initial thread with reservations. Suspecting the direction it was headed.

So ...

Be advised, it would be innappropriate to announce or promote such a blog here. Doing so would be considered spamming and will be treated accordingly.

'nuff said Former PornUsers Senior Administrator
Now at: MyPorn.com

"To get your ideas across use small words, big ideas, and short sentences."-John Henry Patterson

03-22-12  04:24pm - 4620 days #7
Cybertoad (0)
Disabled User



Posts: 2,158
Registered: Jan 01, '08
Location: Wash
Originally Posted by Khan:


I allowed your initial thread with reservations. Suspecting the direction it was headed.

So ...

Be advised, it would be inappropriate to announce or promote such a blog here. Doing so would be considered spamming and will be treated accordingly.

'nuff said


It almost seemed competitive in nature Khan, no one can ever accuse PU of not giving fair chance to people. Since 2007

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