Hacker Cinema
Carmen Jones
1954 · Film · 105 min
Directed by Otto Preminger
In this musical set in an all-Black army camp, civilian parachute maker and "hot bundle" Carmen Jones is desired by many of the men. Naturally, she wants Joe, who's engaged to sweet Cindy Lou and about to go into pilot training for the Korean War.
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Yes, I was using a US viewpoint, given that I'm a US citizen, HN is hosted in the US, and most of the participants are also under US copyright jurisdiction. The US doesn't have moral rights like what other countries have. Dastar Corp. v. Twentieth Century Fox Film Corp. is the Supreme Court example showing that works which have entered the public domain can be edited, and in doing so, remove information about the original authors.
Moral rights, as I understand them, only apply when something "would be prejudicial to the author's honor or reputation." However, modification depends on copyright. These are two separate things, and I think you agree with that.
Scalia, writing for the Court in the 8-0 decision, points out that Dastar "could face Lanham Act liability for crediting the creator if that should be regarded as implying the creator’s “sponsorship or approval” of the copy." Because Dastar did not include mention of Fox as the original author, there is actually less chance of the new work being 'prejudicial to the author's honor or reputation' and less infringement on moral right.
Therefore, I don't understand how your mentioning of moral rights affects my "one of 250" scenario. Since different countries seem to have different view on what exactly moral rights means, could you explain what the specific principle is and how long that moral right would last?
When you do so, could you also comment on how moral right would change the Dastar case, and how it might affect the following circumstance, also quoted from Scalia's Supreme Court judgement?
"A video of the MGM film Carmen Jones, after its copyright has expired, would presumably require attribution not just to MGM, but to Oscar Hammerstein II (who wrote the musical on which the film was based), to Georges Bizet (who wrote the opera on which the musical was based), and to Prosper Mérimée (who wrote the novel on which the opera was based). In many cases, figuring out who is in the line of “origin” would be no simple task."