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 <title>The Industry Standard - Disney Alleges Sneaky Previews - Comments</title>
 <link>http://www.thestandard.com/article/0%2C1902%2C28439%2C00.html</link>
 <description>Comments for &quot;Disney Alleges Sneaky Previews&quot;</description>
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 <title>Disney Alleges Sneaky Previews</title>
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&lt;p&gt;	Two Disney units have sued a New Jersey distributor of movie trailers, accusing the company of infringing their copyrights on promotional material.
&lt;/p&gt;
&lt;p&gt;Buena Vista Home Entertainment and Miramax are requesting $111 million in damages from Video Pipeline, saying the company illegally distributed trailers for movies to retailers and video-rental stores. A 16-year-old company, Video Pipeline creates trailer packages that run on in-store monitors. Four years ago, the company began streaming some versions over the Web to these retailers so that the recipients could carry them on their Web sites.
&lt;/p&gt;
&lt;p&gt;The Disney units argue that the licensing agreements with Video Pipeline cover only analog versions of their trailers. The entertainment giant says digitizing and streaming them violates those contracts.
&lt;/p&gt;
&lt;p&gt;Disney&#039;s corporate office issued a statement saying the suit is &quot;about Video Pipeline&#039;s blatant infringement of our contract and intellectual-property rights by creating unauthorized, bootleg trailers and distributing them for a profit under our registered trademarks.&quot;
&lt;/p&gt;
&lt;p&gt;Video Pipeline executives could not be reached to comment, but the company has stated in court documents that its use of Disney trailers falls under free-speech laws, which permit a limited amount of copying.
&lt;/p&gt;
&lt;p&gt;On Wednesday, U.S. District Judge Jerome B. Simandle will hear Disney&#039;s request for a preliminary injunction against Video Pipeline.
&lt;/p&gt;
&lt;p&gt;The shadow of Napster still looms large in the imagination of entertainment-industry executives who fear that they would lose control over their content on the Internet.
&lt;/p&gt;
&lt;p&gt;Disney is expected to begin storing its promotional material on in-house servers, rather than distributing clips to third-party promotional and retail sites. Under this scenario, third-party sites would license a link to the Disney servers. Industry sources say installing such a system could cost about $5 million, with further costs of millions of dollars each year to send video streams to various sites.
&lt;/p&gt;
&lt;p&gt;One issue Disney has with Video Pipeline is that the latter company was profiting from streaming the trailers by charging retail sites a per-stream fee. Entertainment industry executives might recall another company that rose to fame and fortune by repackaging promotional material: MTV.
&lt;/p&gt;
&lt;p&gt;No other studio has sued Video Pipeline, but the Motion Picture Association of America weighed in on Disney&#039;s side earlier this week, promising to file a friend-of-the-court brief on the studio&#039;s behalf.
&lt;/p&gt;
&lt;p&gt;Pam Horovitz, president of the National Association of Recording Merchandisers, which filed a friend-of-the-court brief on behalf of Video Pipeline, says a number of entertainment companies are trying to get control over promotional content online. She says music retailers have been asked to sign licensing agreements for the rights to stream 30-second teaser clips. Studios and labels, she says, &quot;want to control everything. And it&#039;s an outrage.&quot;&lt;br /&gt;
	&lt;br&gt;&lt;/p&gt;
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 <category domain="http://www.thestandard.com/taxonomy/term/1253">Wire</category>
 <pubDate>Thu, 02 Aug 2001 15:00:00 -0700</pubDate>
 <dc:creator>Baldwin Louie</dc:creator>
 <guid isPermaLink="false">88799 at http://www.thestandard.com</guid>
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