Re-edited film
Encyclopedia
A re-edited film is a film
that has been edited from the original theatrical release.
These films are typically preceded by the disclaimer, "This film has been modified from its original version. It has been formatted to fit this screen and edited for content."
) to cut a film to their own -or their peers- specifications.
Although the recent court ruling prohibits business from manually re-editing commercial films, the law still allows for individuals to self censor and edit their own films for personal use.
was released on VHS, a video store owner in Utah began offering to re-edit purchased copies of the film for a $5 service fee. The service became very popular. Before long, several video rental businesses purchased VHS tapes and had them re-edited for their rental club/co-op members to watch.
When DVD technology emerged, the re-editing industry began offering for sale or rental a disabled DVD accompanied by a re-edited version of the film on a coupled DVD-R. Several companies attempted this business. First, some tried to do it via physical brick and mortar stores, the most successful being the deal model and proprietary stores owned by CleanFlicks
, Inc. of Utah. Clean Films later became the largest and most successful company in the business by employing an online rental model (similar to Netflix
) and avoiding any physical stores. CleanFlicks and CleanFilms were sued with several others and a federal judge in Colorado ruled that the companies were violating copyright. Those named in the lawsuit ceased renting and selling edited films. The legal argument was that the editing resulted in a derivation on a fixed media. At all times, for instance, CleanFilms sold edited films with a legitimately purchased original copy. Furthermore, every rented unit in edited format had a corresponding original copy that was purchased at retail. The judge ruled that the fixed media caused the violation. ClearPlay
was not affected by this ruling.
The lawsuit started because a CleanFlicks franchisee in Colorado pre-emptively sued major directors. The franchisee feared the directors were going to sue because the DGA's website said as much. The Directors Guild of America
and the Motion Picture Association of America
counter-sued and also included several edited film companies for copyright infringement
and claims regarding derivative works. In 2006, Judge Richard P. Matsch of the United States District Court for the District of Colorado
ruled that it was a copyright violation to distribute re-edited films without the consent from the film studios (key was the fixed media aspect of the businesses).
In an odd twist, despite Judge Matsch's decision and order to the re-editing companies to destroy all their re-edited inventory, shortly after the studios' victory in the Denver court, the lawyers for the studios negotiated with lawyers for the re-editing companies allowing for the sale of existing inventory. One of the companies in the first three days of a "going out of business sale" generated more than a quarter of a million dollars in revenue and eventually sold enough re-edited movies to provide original investors a 5X or better return on investment. This is an unexpected investor outcome given the loss of a major infringement case.
was sued by the DGA and MPAA, but the case was rendered moot by The Family Entertainment and Copyright Act of 2005
, which clarified that ClearPlay's filtering approach was legal and did not violate copyright law. As a result, ClearPlay has been able to offer its products to consumers in the U.S. while others have discontinued for legal reasons.
Another aspect of re-editing comes with consumer made edits, which are called fan edits (or fanedits). It is when consumers load the films into their computers and use video editing software to produce mostly a version with changed content for their own entertainment. Fan edits are becoming more popular since they are spread over the internet.
Despite the aforementioned legal rulings, companies continue to sell re-edited movies via the Internet. Some have been shut down as well (see http://www.familyediteddvds.com). Yet, search engine results on the web reveal companies continue to provide fixed media product, such as Clean Play DVDs (http://www.cleanplaydvds.com). Sometimes they use "going out of business" tactics to move inventory (see http://www.cleanplaydvds.com/?gclid=CICOp_z1p6cCFQpvbAodLGjD_w). However, physical "brick and mortar" stores have been shut down, such as Cougar Video in Provo, Utah, which remained open long after the named companies in the aforementioned lawsuit were shuttered.
Interestingly, one company, Swank, offers re-edited movies created by the studios themselves, supposedly for showings in correctional facilities and other non-theatrical locations. See http://college.swankmp.com/insti/edited.asp for more info on this. It is not clear if these versions are the same re-edited versions that studios create for airlines or television showings.
Film
A film, also called a movie or motion picture, is a series of still or moving images. It is produced by recording photographic images with cameras, or by creating images using animation techniques or visual effects...
that has been edited from the original theatrical release.
Types of re-editing
Films edited for format, length, and content.- Format: Feature Films are commonly produced in a widescreenWidescreenWidescreen images are a variety of aspect ratios used in film, television and computer screens. In film, a widescreen film is any film image with a width-to-height aspect ratio greater than the standard 1.37:1 Academy aspect ratio provided by 35mm film....
1.85:1 aspect ratio or 2.40:1 aspect ratio while television currently has two screen formats - A standard 1.33:1 (or 4:3) aspect ratio of analog televisionAnalog televisionAnalog television is the analog transmission that involves the broadcasting of encoded analog audio and analog video signal: one in which the message conveyed by the broadcast signal is a function of deliberate variations in the amplitude and/or frequency of the signal...
and the growing standard of 1.78:1 (or 16:9) aspect ratio for digital televisionDigital televisionDigital television is the transmission of audio and video by digital signals, in contrast to the analog signals used by analog TV...
. Prior to the beginning of a film presented in the 4:3 aspect ratio on VHSVHSThe Video Home System is a consumer-level analog recording videocassette standard developed by Victor Company of Japan ....
tapes or DVDDVDA DVD is an optical disc storage media format, invented and developed by Philips, Sony, Toshiba, and Panasonic in 1995. DVDs offer higher storage capacity than Compact Discs while having the same dimensions....
s, a disclaimer appears (mainly a black background), reading, This film has been modified from its original version. It has been formatted to fit this screen.
- Length: Films may be shortened for televisionTelevisionTelevision is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
broadcastingBroadcastingBroadcasting is the distribution of audio and video content to a dispersed audience via any audio visual medium. Receiving parties may include the general public or a relatively large subset of thereof...
or for use on airlineAirlineAn airline provides air transport services for traveling passengers and freight. Airlines lease or own their aircraft with which to supply these services and may form partnerships or alliances with other airlines for mutual benefit...
s. DVD releases of films may also contain longer cuts. In a growing trend, more and more films are being released in an Unrated cut of the film. Prior to when TV airings of the film begins, a format screen appears reading, "The following film has been modified from its original version. It has been formatted to fit this screen, to run in the time allotted and edited for content" (see below). The end credits on TV airings of films sometimes speed up to make time free for the next show or film to start.
- Content: Some films have content deemed objectionable to "family audiences": sexual content, obscene language, graphic violenceGraphic violenceGraphic violence is the depiction of especially vivid, brutal and realistic acts of violence in visual media such as literature, film, television, and video games...
, and perceived racial insensitivities. To make these films suitable for younger or more typical audiences, or to appeal to advertisers when a film is shown on basic cable or broadcastBroadcastBroadcast or Broadcasting may refer to:* Broadcasting, the transmission of audio and video signals* Broadcast, an individual television program or radio program* Broadcast , an English electronic music band...
TV, alternative versions are created with such content removed or replaced. Often, profanities are replaced with minced oathMinced oathA minced oath is an expression based on a profanity or a taboo term that has been altered to reduce the objectionable characteristics.Many languages have such expressions...
s. For example, in the edited version of Pulp FictionPulp Fiction (film)Pulp Fiction is a 1994 American crime film directed by Quentin Tarantino, who co-wrote its screenplay with Roger Avary. The film is known for its rich, eclectic dialogue, ironic mix of humor and violence, nonlinear storyline, and host of cinematic allusions and pop culture references...
, Samuel L. JacksonSamuel L. JacksonSamuel Leroy Jackson is an American film and television actor and film producer. After becoming involved with the Civil Rights Movement, he moved on to acting in theater at Morehouse College, and then films. He had several small roles such as in the film Goodfellas before meeting his mentor,...
uses the minced oathMinced oathA minced oath is an expression based on a profanity or a taboo term that has been altered to reduce the objectionable characteristics.Many languages have such expressions...
"screwScrewA screw, or bolt, is a type of fastener characterized by a helical ridge, known as an external thread or just thread, wrapped around a cylinder. Some screw threads are designed to mate with a complementary thread, known as an internal thread, often in the form of a nut or an object that has the...
", "little sucker", and "my friend". The editing of these versions is performed by a censor and not the producer or director of the work. Two other examples would be in the edited version of Mrs. DoubtfireMrs. DoubtfireMrs. Doubtfire is a 1993 American comedy film starring Robin Williams and Sally Field and based on the novel Madame Doubtfire by Anne Fine. It was directed by Chris Columbus and distributed by 20th Century Fox. It won the Academy Award for Best Makeup...
, when Daniel HillardRobin WilliamsRobin McLaurin Williams is an American actor and comedian. Rising to fame with his role as the alien Mork in the TV series Mork and Mindy, and later stand-up comedy work, Williams has performed in many feature films since 1980. He won the Academy Award for Best Supporting Actor for his performance...
's mask is run over, he screams "Oh!", whereas in the original version, he screams, "Oh shit!" and in the 19871987 in film-Events:*January 31 - The Cure for Insomnia premieres at The School of the Art Institute in Chicago, Illinois, to officially become the world's longest film according to Guinness World Records....
comedyComedyComedy , as a popular meaning, is any humorous discourse or work generally intended to amuse by creating laughter, especially in television, film, and stand-up comedy. This must be carefully distinguished from its academic definition, namely the comic theatre, whose Western origins are found in...
film, Planes, Trains & AutomobilesPlanes, Trains & AutomobilesPlanes, Trains and Automobiles is a 1987 American comedy film released by Paramount Pictures. It was written, produced and directed by John Hughes...
, where Neal PageSteve MartinStephen Glenn "Steve" Martin is an American actor, comedian, writer, playwright, producer, musician and composer....
is at the Car Rental Agency, and says the "fuckFuck"Fuck" is an English word that is generally considered obscene which, in its most literal meaning, refers to the act of sexual intercourse. By extension it may be used to negatively characterize anything that can be dismissed, disdained, defiled, or destroyed."Fuck" can be used as a verb, adverb,...
" 18 times and the car rental agent says to him something which is edited out on TV airings. Also, on TV airings of DisneyWalt Disney PicturesWalt Disney Pictures is an American film studio owned by The Walt Disney Company. Walt Disney Pictures and Television, a subsidiary of the Walt Disney Studios and the main production company for live-action feature films within the Walt Disney Motion Pictures Group, based at the Walt Disney...
's Atlantis: The Lost EmpireAtlantis: The Lost EmpireAtlantis: The Lost Empire is a 2001 American animated film produced by Walt Disney Feature Animation. Written by Tab Murphy, directed by Gary Trousdale and Kirk Wise, and produced by Don Hahn, it is the first science fiction film in the Disney animated features canon and the 41st overall. The film...
, all scenes of Packard smoking a cigarette are cut and on airings of DisneyWalt Disney PicturesWalt Disney Pictures is an American film studio owned by The Walt Disney Company. Walt Disney Pictures and Television, a subsidiary of the Walt Disney Studios and the main production company for live-action feature films within the Walt Disney Motion Pictures Group, based at the Walt Disney...
's The Parent TrapThe Parent Trap (1998 film)The Parent Trap is a remake of the 1961 family film of the same name. It was directed and co-written by Nancy Meyers, and produced and co-written by Charles Shyer. It stars Dennis Quaid and Natasha Richardson as a couple who divorce soon after marrying, and Lindsay Lohan in a dual role as their...
, the scene where HallieLindsay LohanLindsay Lohan is an American actress, pop singer and model. She began her career as a child fashion model before making her motion picture debut in Disney's 1998 remake of The Parent Trap at the age of 11...
pierces AnnieLindsay LohanLindsay Lohan is an American actress, pop singer and model. She began her career as a child fashion model before making her motion picture debut in Disney's 1998 remake of The Parent Trap at the age of 11...
's ears is short, whereas in the original theatrical version, the "ear piercing" scene is longer. Annie's lines, "Marriage is supposed to be based on something more than just sex, right?" and "Oh my God! Oh my God!" are also cut. Plus, a scene in An Extremely Goofy MovieAn Extremely Goofy MovieAn Extremely Goofy Movie is a 2000 American direct-to-video animated film made by Walt Disney Pictures. Directed by Douglas McCarthy, it is the sequel to A Goofy Movie, featuring the return of characters from the television series Goof Troop...
, in which main characters Goofy and Max, as well as villain Tank, are trapped inside a flaming papier-mache x (symbol of the X-games), has been removed from television, due to similarities to 9-11.
These films are typically preceded by the disclaimer, "This film has been modified from its original version. It has been formatted to fit this screen and edited for content."
Manual re-editing
Purchased film content is downloaded onto an editing work station hard drive and third-party editors manually re-edit the video and audio tracks, removing objectionable content. The re-edited version is then copied onto media (VHS or DVD) and made available for rental or purchase provided an original version has been purchased in correlation with the re-edited copy. Some manual re-edits are done by fans (see The Phantom EditThe Phantom Edit
Star Wars Episode I.I: The Phantom Edit is a fan edit of the movie Star Wars Episode I: The Phantom Menace, removing many elements of the original film. The purpose of the edit, according to creator Mike J. Nichols, was to make a much stronger version of The Phantom Menace based on the previous...
) to cut a film to their own -or their peers- specifications.
Although the recent court ruling prohibits business from manually re-editing commercial films, the law still allows for individuals to self censor and edit their own films for personal use.
Programmed re-editing
Programmed re-editing occurs when software (such as that employed in a DVD player) is used to skip portions of the video and/or audio content on-the-fly according to pre-programmed instruction sets which are knowingly used by the consumer.History of manual re-editing
In response to consumer demand, families began to re-edit purchased VHS tapes literally by making cuts and splices to the tape. A hotbed for this activity has been Utah with its conservative and entrepreneurial population. When TitanicTitanic (1997 film)
Titanic is a 1997 American epic romance and disaster film directed, written, co-produced, and co-edited by James Cameron. A fictionalized account of the sinking of the RMS Titanic, it stars Leonardo DiCaprio as Jack Dawson, Kate Winslet as Rose DeWitt Bukater and Billy Zane as Rose's fiancé, Cal...
was released on VHS, a video store owner in Utah began offering to re-edit purchased copies of the film for a $5 service fee. The service became very popular. Before long, several video rental businesses purchased VHS tapes and had them re-edited for their rental club/co-op members to watch.
When DVD technology emerged, the re-editing industry began offering for sale or rental a disabled DVD accompanied by a re-edited version of the film on a coupled DVD-R. Several companies attempted this business. First, some tried to do it via physical brick and mortar stores, the most successful being the deal model and proprietary stores owned by CleanFlicks
CleanFlicks
CleanFlicks is a Utah-based business which produced edited versions of films to remove content that they considered inappropriate for children or that viewers might otherwise find offensive. Members of The Church of Jesus Christ of Latter-day Saints were its predominant market...
, Inc. of Utah. Clean Films later became the largest and most successful company in the business by employing an online rental model (similar to Netflix
Netflix
Netflix, Inc., is an American provider of on-demand internet streaming media in the United States, Canada, and Latin America and flat rate DVD-by-mail in the United States. The company was established in 1997 and is headquartered in Los Gatos, California...
) and avoiding any physical stores. CleanFlicks and CleanFilms were sued with several others and a federal judge in Colorado ruled that the companies were violating copyright. Those named in the lawsuit ceased renting and selling edited films. The legal argument was that the editing resulted in a derivation on a fixed media. At all times, for instance, CleanFilms sold edited films with a legitimately purchased original copy. Furthermore, every rented unit in edited format had a corresponding original copy that was purchased at retail. The judge ruled that the fixed media caused the violation. ClearPlay
ClearPlay
ClearPlay is an advanced parental control DVD player that allows content filtering of ordinary DVD films, purchased or rented. ClearPlay is the technology that automatically and seamlessly skips over or mutes undesirable content such as profanity, graphic violence, drug and adult-oriented content,...
was not affected by this ruling.
The lawsuit started because a CleanFlicks franchisee in Colorado pre-emptively sued major directors. The franchisee feared the directors were going to sue because the DGA's website said as much. The Directors Guild of America
Directors Guild of America
Directors Guild of America is an entertainment labor union which represents the interests of film and television directors in the United States motion picture industry...
and the Motion Picture Association of America
Motion Picture Association of America
The Motion Picture Association of America, Inc. , originally the Motion Picture Producers and Distributors of America , was founded in 1922 and is designed to advance the business interests of its members...
counter-sued and also included several edited film companies for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
and claims regarding derivative works. In 2006, Judge Richard P. Matsch of the United States District Court for the District of Colorado
United States District Court for the District of Colorado
The United States District Court for the District of Colorado is the Federal district court whose jurisdiction is the state of Colorado. The United States Congress organized Colorado as a single judicial district on June 26, 1876, by 19 Stat. 61...
ruled that it was a copyright violation to distribute re-edited films without the consent from the film studios (key was the fixed media aspect of the businesses).
In an odd twist, despite Judge Matsch's decision and order to the re-editing companies to destroy all their re-edited inventory, shortly after the studios' victory in the Denver court, the lawyers for the studios negotiated with lawyers for the re-editing companies allowing for the sale of existing inventory. One of the companies in the first three days of a "going out of business sale" generated more than a quarter of a million dollars in revenue and eventually sold enough re-edited movies to provide original investors a 5X or better return on investment. This is an unexpected investor outcome given the loss of a major infringement case.
History of programmed re-editing
ClearPlayClearPlay
ClearPlay is an advanced parental control DVD player that allows content filtering of ordinary DVD films, purchased or rented. ClearPlay is the technology that automatically and seamlessly skips over or mutes undesirable content such as profanity, graphic violence, drug and adult-oriented content,...
was sued by the DGA and MPAA, but the case was rendered moot by The Family Entertainment and Copyright Act of 2005
Family Entertainment and Copyright Act
The Family Entertainment and Copyright Act is a federal legislative act regarding copyright that became law in the United States in 2005. The Act consists of two subparts: the Artist's Rights and Theft Prevention Act of 2005, which increases penalties for copyright infringement, and the Family...
, which clarified that ClearPlay's filtering approach was legal and did not violate copyright law. As a result, ClearPlay has been able to offer its products to consumers in the U.S. while others have discontinued for legal reasons.
Another aspect of re-editing comes with consumer made edits, which are called fan edits (or fanedits). It is when consumers load the films into their computers and use video editing software to produce mostly a version with changed content for their own entertainment. Fan edits are becoming more popular since they are spread over the internet.
Future of the industry
It is unclear where this industry is headed. There is demand for the product. An ABC News poll of 1,002 adults from across the nation found that 44% of Americans are in favor of re-edited films, while 51% of respondents said that re-editing should not be allowed (with a 3-point error margin).Despite the aforementioned legal rulings, companies continue to sell re-edited movies via the Internet. Some have been shut down as well (see http://www.familyediteddvds.com). Yet, search engine results on the web reveal companies continue to provide fixed media product, such as Clean Play DVDs (http://www.cleanplaydvds.com). Sometimes they use "going out of business" tactics to move inventory (see http://www.cleanplaydvds.com/?gclid=CICOp_z1p6cCFQpvbAodLGjD_w). However, physical "brick and mortar" stores have been shut down, such as Cougar Video in Provo, Utah, which remained open long after the named companies in the aforementioned lawsuit were shuttered.
Interestingly, one company, Swank, offers re-edited movies created by the studios themselves, supposedly for showings in correctional facilities and other non-theatrical locations. See http://college.swankmp.com/insti/edited.asp for more info on this. It is not clear if these versions are the same re-edited versions that studios create for airlines or television showings.
See also
- V-chipV-chipV-chip is a generic term for technology used in television set receivers in the USA, Canada, and Brazil which allows the blocking of programs based on their ratings category. It is intended for use by parents to manage their children's television viewing...
- Hays Code
- Motion picture rating systemMotion picture rating systemA motion picture rating system is designated to classify films with regard to suitability for audiences in terms of issues such as sex, violence, substance abuse, profanity, impudence or other types of mature content...
, MPAA film rating systemMPAA film rating systemThe Motion Picture Association of America's film-rating system is used in the U.S. and its territories to rate a film's thematic and content suitability for certain audiences. The MPAA system applies only to motion pictures that are submitted for rating. Other media may be rated by other entities... - Television rating systemTelevision rating systemTelevision content rating systems give viewers an idea of the suitability of a television program for children or adults. Many countries have their own television rating system and each country's rating process may differ due to local priorities...
- Standards & PracticesStandards & PracticesIn the United States, Standards and Practices is the name traditionally given to the department at a television network which is responsible for the moral, ethical, and legal implications of the program that network airs...
- CensorshipCensorshipthumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
- Radio editRadio editIn music, a radio edit is a modification to make a song more suitable for airplay, whether it be adjusted for length, profanity, subject matter, instrumentation, or form...
- Film editingFilm editingFilm editing is part of the creative post-production process of filmmaking. It involves the selection and combining of shots into sequences, and ultimately creating a finished motion picture. It is an art of storytelling...
, the techniques used - Turner Broadcasting SystemTurner Broadcasting SystemTurner Broadcasting System, Inc. is the Time Warner subsidiary managing the collection of cable networks and properties started and acquired by Robert Edward "Ted" Turner starting in the mid-1970s. The company has its headquarters in the CNN Center in Atlanta, Georgia. TBS, Inc...