Thursday, January 16, 2003

In Case You Were Wondering What Was at Stake in Eldred v. Ashcroft, here's a report about the financial impact of the Supreme Court's ruling. I must disagree with O'Melveny & Myers entertainment litigator Robert Schwartz, however, who stated that "There's no reason to do a special edition of 'The Wizard of Oz' and dig up old outtakes and find anybody still living who was a part of that movie if it's going to fall into the public domain in two years." Based upon my own experience and the fact that so many of my friends are willing to shell out money to buy movies on DVD because of the bonus tracks, this is exactly the type of project that will sell, despite the material being in the public domain. Clearly, if you just release the movie on DVD without any extras, the public isn't necessarily going to flock to your version over another, perhaps cheaper version created because the work is in the public domain. But if you add value to the product, over and above the work that is in the public domain, I believe that consumers will purchase your product. What the studios are really afraid of, is that someone other than MGM might produce the best enhanced DVD.

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