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I've been quoted, but they didn't ask me first!

movie quote

         

webmastertexas

6:16 pm on Dec 25, 2004 (gmt 0)

10+ Year Member



Some info: I run a movie site, which means I review movies -- a LOT of movies. I also use movie poster art on the reviews pages, but because I'm using the cover art only for reviewing purposes, this is okay. (Millions of movie sites do it, so there's no legality issue regarding this.)

But here's my question: I was recently quoted in the DVD boxcover art of one of the movies I reviewed. It's properly attributed to me, and my site, but I didn't know about it until a reader wrote me and told me.

I was always under the impression that people who wanted to use part of your reviews (you know, like all those Roger Ebert "thumbs up!" quotes) that they had to ask you for permission first. Am I wrong about this? My reviews have been quote a lot in newspaper articles or movie promotionals, but no one has ever (that I know of) put my writing on a blurb on the DVD they are selling.

I'm asking because I'm confused. I always thought they would ask for my permission before they did this, since they're hawking their movie using my "good name", as it were. Am i mistaken?

P.S. I'm not asking because I want to sue them or anything, I just would like to know the legalities of this type of thing.

digitalghost

6:18 pm on Dec 25, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Reasonable length quotes fall under fair use.

webmastertexas

6:21 pm on Dec 25, 2004 (gmt 0)

10+ Year Member



Yeah it's basically just five choice words from the whole 800-word review. You know how it is -- they just pick the one that meets their needs, even though I gave the movie a somewhat middling review.

Freedom

6:27 pm on Dec 25, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



"Reasonable length quotes fall under fair use."

Agreed. IMO, this is about 2 sentences maximum.

webmastertexas

6:29 pm on Dec 25, 2004 (gmt 0)

10+ Year Member



Okay, thanks for the info guys. I figured as such.

Livenomadic

5:55 am on Dec 27, 2004 (gmt 0)

10+ Year Member



Five words is well under fair use... HOWEVER if the 5 words misrepresented what you said.. then you have some grounds to complain.

webmastertexas

6:44 am on Dec 27, 2004 (gmt 0)

10+ Year Member



Well, I did say them, and I suppose it was in context. But then again, how much "out of context" can you get with 4/5 words?

Rosalind

11:15 pm on Dec 30, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Well, I did say them, and I suppose it was in context. But then again, how much "out of context" can you get with 4/5 words?

I wonder about it when you get a quote like "Awesome" attributed to some popular newspaper or mag in the blurb. Did the full review actually say something like, "The lighting was awesome, but the plot, cast and music were terrible." If it's on last year's chip papers, who ever bothers to look it up?

webmastertexas

4:01 am on Dec 31, 2004 (gmt 0)

10+ Year Member



>>Did the full review actually say something like, "The lighting was awesome, but the plot, cast and music were terrible." If it's on last year's chip papers, who ever bothers to look it up? <<

LOL. Yeah, my review was actually something along that line.

Guilt_Puppy

9:09 pm on Jan 6, 2005 (gmt 0)

10+ Year Member



This brings up an interesting point... At first I was a bit surprised at your response (I mean hey, it's free advertising for you too, right?), until you mentioned that the overall review for the movie was negative, or at least not positive.

Now, this could be bad advertising for you -- if it really is a bad movie, people will see your "good" review on the box and say "huh, this person doesn't know a thing about movies." If you get semi-misquoted on enough products, suddenly you can develop a reputation which can turn people away from your product -- bad news!

Legally, there's no much you can do... Fair use permits it, and while cutting the "no" out of "this movie was no good!" will qualify as misrepresentation in court, just about anything short of that won't.

Your best way to protect yourself is really just to write with this in mind -- when you're done writing the article, look around and see what could be taken out of context. These phrases usually stand out pretty distinctly, so it shouldn't be too time-consuming. If your overall impression of a movie is negative, don't say "the lighting was awesome," use something a bit softer like "despite a few strong points, such as the lighting"... "A few strong points!" isn't going to grace any covers, you know? Plus, it's generally stronger writing, to boot -- there are some people who can go back and forth between opposing points and come off as thoughtful, rather than wishy-washy, but they're the exception to the rule.

webmastertexas

1:22 am on Jan 7, 2005 (gmt 0)

10+ Year Member



The quote isn't out of context, I did say that particular good thing about the movie (I usually try to include some positives), and in that respect, the quote isn't a blatant lie. I did say it, and I did mean what they meant for the quote to mean. It's just that the overall review isn't positive. If that makes any sense.