Shattered Hopes (film by Ric Osuna & Katco)

General Discussion About the 1974 DeFeo Murders and related topics

Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Beetsie » Tue Nov 24, 2015 2:08 pm

Not strictly true Beetsie, The Lanham Act governs federal protection of personality rights, and the doctrine has much in common with the laws defining federal protection of trademarks.In fact, an individual’s identity could be considered their personal “mark”, the misappropriation of which is sufficient to constitute infringement. In addition, both trademark and publicity rights appear to be designed somewhat to combat infringement for the sake of consumers, granting a cause of action for false descriptions, false representations, and false endorsement claims. Just as there is a cause of action for implying a certain brand sponsors a product when it really does not, there is a cause an action if a celebrity’s identity is used to imply endorsement for a product they are not, in actuality, affiliated with.

It's akin to me taking a picture of Say, one of the admins here then using it for commercial purpose, I may well own the physical print but what I don't own is that persons likeness for purposes of commercial gain or promotion.

It is however something that is decided by a court as the statutes do vary state by state.

cheers



IF that person is a PUBLIC FIGURE a phrase or photo or something like that can be "trademarked" PEOPLE can not be trademarked . Their names can be .

A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. See 15 U.S.C. § 1127.
Trademarks are generally words, phrases, logos and symbols used by producers to identify their goods. However, shapes, sounds, fragrances and colors may also be registered as trademarks. See Qualitex v. Jacobsen Products Co., Inc., 514 U.S. 159 (1995). In recent years, trademark law has expanded to include trade dress and antidilution protection. Almost any word, name, symbol, or device capable of distinguishing the source of goods may be used as a trademark subject to few limitations. However, a mark's eligibility for trademark protection may be limited by application of the functionality doctrine, and a mark may be denied registration if it falls within any of the categories listed under 15 U.S.C. § 1052.

Use in Commerce and Distinctiveness

Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive.
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Beetsie » Tue Nov 24, 2015 2:09 pm

Beetsie wrote:Peter , seriously . He is using YOUR IMAGE to sell movies ? Good GOD man GET OVER YOURSELF . LOL . Where the hell is your image in the movie . Not only that you appear on no promotional or marketing material . Lets see what he has used ? Post a still of your image he used .
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby PeterPisani » Tue Nov 24, 2015 2:55 pm

Beetsie wrote:
Beetsie wrote:Peter , seriously . He is using YOUR IMAGE to sell movies ? Good GOD man GET OVER YOURSELF . LOL . Where the hell is your image in the movie . Not only that you appear on no promotional or marketing material . Lets see what he has used ? Post a still of your image he used .




Uhm, that was shown to you as well. Katco's crporate image is on a web page, selling a MOVIE. (I also posted that, but you like talking to yourself. Also, offering a lawsuit to the general public to use against me is actionable. Dont worry. My lawyer knows more than your and Ryans lawyer. (thats cuz his lawyer is HIMSELF) I even posted HOW I was filing. Lemmy show you again



My favorite part is when he states an image OF ME, THAT HE HAS BEEN TOLD TO TAKE DOWN, is copywrighted. By him. Thats MY INTELLECTUAL PROPERTY and IMAGE beibg used with out consent. So that means it doesnt MATTER who used the image, ITS MINE and I never consented for it to be used FOR HIS SALES. ACTIONABLE. (Especially since you were trying to teach OTHERS copy right law.
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Beetsie » Tue Nov 24, 2015 3:09 pm

PeterPisani wrote:
Beetsie wrote:
Beetsie wrote:Peter , seriously . He is using YOUR IMAGE to sell movies ? Good GOD man GET OVER YOURSELF . LOL . Where the hell is your image in the movie . Not only that you appear on no promotional or marketing material . Lets see what he has used ? Post a still of your image he used .




Uhm, that was shown to you as well. Katco's crporate image is on a web page, selling a MOVIE. (I also posted that, but you like talking to yourself. Also, offering a lawsuit to the general public to use against me is actionable. Dont worry. My lawyer knows more than your and Ryans lawyer. (thats cuz his lawyer is HIMSELF) I even posted HOW I was filing. Lemmy show you again



My favorite part is when he states an image OF ME, THAT HE HAS BEEN TOLD TO TAKE DOWN, is copywrighted. By him. Thats MY INTELLECTUAL PROPERTY and IMAGE beibg used with out consent. So that means it doesnt MATTER who used the image, ITS MINE and I never consented for it to be used FOR HIS SALES. ACTIONABLE. (Especially since you were trying to teach OTHERS copy right law.


You have shown me nothing . Please post it here . Something is yours when it is in your possession . If your mother has photographs and you happen to be in them and she allows it to be used in a copyrighted production there is nothing you can do . They are not copyrighted nor trademarked any one can use them at any time , you are not a public figure .. you are just a regular person . . It is done all the time . Just pick a random meme off the internet .
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby PeterPisani » Tue Nov 24, 2015 3:26 pm

Like I told you dipshit, Posted a link. Like I did to pacer. Here...again. My image. Heres the law. Quit being a MORON.

http://www.amityvillefilm.com/FamilyTies.html
You can stop a website's use of your image for three reasons: invasion of privacy, violation of right of publicity, or defamation.
Invasion of privacy can occur if you are portrayed falsely and in a highly offensive manner. For example, your photo was posted at America's Most Wanted's website, and you are not wanted -- by the law. Your privacy may also be invaded if the photo was taken by someone who intruded on you in a situation in which you had a reasonable expectation of privacy -- for example, in your own home. It is not an invasion of privacy to photograph someone in a public place or at any event where the public is invited.
Another reason to stop the use is known as the right of publicity. This occurs if your image is used for commercial purposes such as to sell products or to imply that you endorse a product. If the photo is used in a commercial website -- that is, one sponsored by a business or that sells products or services -- the unauthorized use of your image would probably violate your right of publicity. The public must be able to identify you in the photograph.
You can also stop the website use if the photo defames you -- that is, it creates a false impression and injures your reputation. For example, it would be defamatory to doctor a photo to make it seem as if you were shoplifting. The fact that an unmodified photo is unflattering is not enough to claim defamation. The photo must falsely portray you and must cause people in the community to think less of you.
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Beetsie » Tue Nov 24, 2015 3:45 pm

That was your mothers picture . This is on his webpage with her permission . . Yea so ? It was a story about your mother it is a sides story , ancillary . It had nothing to do with you and How may I ask was this used to sell movies ? The story attached with the photo was about your mother , a bit of a life story . Some backround on the woman who married Ronnie Defeo . It is about HER and HIM NOT YOU !!! You are not named , therefore you can not be defamed .No one even knew it was you . See the law only applies when it is actually broken . You have not received ANY publicity except that of your own creating by coming here and making a scene being that no one at all knew who you were . Peter you pride yourself way too much . Really get over yourself .
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Exsecratio » Tue Nov 24, 2015 6:24 pm

The Lanham Act governs federal protection of personality rights, and the doctrine has much in common with the laws defining federal protection of trademarks.


Much in common with Beets :0) not the same as :)

You can stop a website's use of your image for three reasons: invasion of privacy, violation of right of publicity, or defamation.
Invasion of privacy can occur if you are portrayed falsely and in a highly offensive manner. For example, your photo was posted at America's Most Wanted's website, and you are not wanted -- by the law. Your privacy may also be invaded if the photo was taken by someone who intruded on you in a situation in which you had a reasonable expectation of privacy -- for example, in your own home. It is not an invasion of privacy to photograph someone in a public place or at any event where the public is invited.
Another reason to stop the use is known as the right of publicity. This occurs if your image is used for commercial purposes such as to sell products or to imply that you endorse a product. If the photo is used in a commercial website -- that is, one sponsored by a business or that sells products or services -- the unauthorized use of your image would probably violate your right of publicity. The public must be able to identify you in the photograph.
You can also stop the website use if the photo defames you -- that is, it creates a false impression and injures your reputation. For example, it would be defamatory to doctor a photo to make it seem as if you were shoplifting. The fact that an unmodified photo is unflattering is not enough to claim defamation. The photo must falsely portray you and must cause people in the community to think less of you.


I have to be honest Pete, I don't think your picture as a minor given out by your late Mom would fit into these categories. The many many pictures that exist of Ronald DeFeo for example are used without his permission for the purpose of commentary or description. If the information is accurate that the picture is being used to demonstrate then fair use would normally apply.

A while ago a well known suit went before the US courts when the well know conspiracy theorist Bill Kaysing was called a "Kook" by none other than James Lovell (yep, THAT Lovell), Kaysing sued and LOST even though the term "kook" was shown to represent mental illness. The court found it to be "protected speech" (opinion) so even when something is used or said without permission it's not always a sure fire win.

(edited after finding out it was Jim Lovell not Buzz Aldrin)
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby PeterPisani » Wed Nov 25, 2015 9:35 am

(it doesnt matter who owns the pic)



CIVIL RIGHTS LAW
ARTICLE 5. RIGHT OF PRIVACY

NY CLS Civ R § 50 (2000)

§ 50. Right of privacy

A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor.

NY CLS Civ R § 51

- See more at: http://rightofpublicity.com/statutes/ne ... 81fse.dpuf

CIVIL RIGHTS LAW
ARTICLE 5. RIGHT OF PRIVACY

NY CLS Civ R § 51 (2000)

§ 51. Action for injunction and for damages

Any person whose name, portrait [fig 1] , picture or voice is used within this state for advertising purposes or for the purposes of trade without the written consent first obtained as above provided may maintain an equitable action in the supreme court of this state against the person, firm or corporation so using his name, portrait [fig 2] , picture or voice, to prevent and restrain the use thereof; and may also sue and recover damages for any injuries sustained by reason of such use and if the defendant shall have knowingly used such person’s name, portrait [fig 3] , picture or voice in such manner as is forbidden or declared to be unlawful by section fifty of this article, the jury, in its discretion, may award exemplary damages. But nothing contained in this article shall be so construed as to prevent any person, firm or corporation from selling or otherwise transferring any material containing such name, portrait [fig 4] , picture or voice in whatever medium to any user of such name, portrait [fig 5] , picture or voice, or to any third party for sale or transfer directly or indirectly to such a user, for use in a manner lawful under this article; nothing contained in this article shall be so construed as to prevent any person, firm or corporation, practicing the profession of photography, from exhibiting in or about his or its establishment specimens of the work of such establishment, unless the same is continued by such person, firm or corporation after written notice objecting thereto has been given by the person portrayed; and nothing contained in this article shall be so construed as to prevent any person, firm or corporation from using the name, portrait [fig 6] , picture or voice of any manufacturer or dealer in connection with the goods, wares and merchandise manufactured, produced or dealt in by him which he has sold or disposed of with such name, portrait [fig 7] , picture or voice used in connection therewith; or from using the name, portrait [fig 8] , picture or voice of any author, composer or artist in connection with his literary, musical or artistic productions which he has sold or disposed of with such name, portrait [fig 9] , picture or voice used in connection therewith. Nothing contained in this section shall be construed to prohibit the copyright owner of a sound recording from disposing of, dealing in, licensing or selling that sound recording to any party, if the right to dispose of, deal in, license or sell such sound recording has been conferred by contract or other written document by such living person or the holder of such right. Nothing contained in the foregoing sentence shall be deemed to abrogate or otherwise limit any rights or remedies otherwise conferred by federal law or state law. - See more at: http://rightofpublicity.com/statutes/ne ... 81fse.dpuf

- See more at: http://rightofpublicity.com/statutes/ne ... 81fse.dpuf
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby PeterPisani » Wed Nov 25, 2015 9:36 am

I refused permission, asked that it be taken down. Lets see who is going to win this one.
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Beetsie » Wed Nov 25, 2015 5:24 pm

You are not understanding , you were not used to promote , sell or advertise ANYTHING . It was used in a personal side story about your mother . Separate from the movie . That was a story about your mom . NOT the movie . Get over yourself .
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Exsecratio » Wed Nov 25, 2015 9:10 pm

Beetsie wrote:You are not understanding , you were not used to promote , sell or advertise ANYTHING . It was used in a personal side story about your mother . Separate from the movie . That was a story about your mom ..


I'm not a lawyer Pete and our laws over here are different in many cases but I do have to admit Beetsie sounds right on this score.

Commentary and Commercial gain are two different things :)
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby msmart112 » Thu Nov 26, 2015 11:02 pm

Ryan Katzenbach wrote:75A4053....The 2-disc DVD set goes on sale Friday, November 13th.

It's been two weeks since it went on sale...but I've been really busy with work...so I haven't had a chance to order it.

So...has anyone seen it?

With the Shattered Hopes Facebook page having well over 10,000 likes...surely there are dozens (if not hundreds) of members here who have ordered it and watched it.

Any reviews?

Is it worth purchasing?
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby sherbetbizarre » Fri Nov 27, 2015 4:27 am

Hate to break it to you Mr Smart, but "on sale" means "pre-order" in the Katco world... :roll:
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby msmart112 » Thu Dec 03, 2015 10:20 pm

sherbetbizarre wrote:Hate to break it to you Mr Smart, but "on sale" means "pre-order" in the Katco world... :roll:

It's been three weeks since the initial "pre-order"...so...has anyone seen it?

Again...with the Shattered Hopes Facebook page having well over 10,000 likes...surely there are dozens (if not hundreds) of members here who have ordered it and watched it.

Any reviews?

Is it worth purchasing?
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Dan the Damned » Thu Dec 03, 2015 11:30 pm

I'm sure things got delayed due to all the post-Emmy award parties that Katco had to attend...
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby sherbetbizarre » Fri Dec 11, 2015 3:42 pm

...And all I wanted was 3 hours of Ronnie DeFeo in 4K hi-def video in time for Christmas... was it too much to ask?

:cry:
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby Dan the Damned » Fri Dec 11, 2015 5:32 pm

Especially since he said there would be no edits or anything. So post production would consist of slapping some credits and titles onto the stupid thing and then doing some color-correcting.

Oh wait. This is Ryan. Screw the color-correcting.
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby msmart112 » Mon Dec 14, 2015 10:53 pm

It's been over a month since this thing went on sale...or "pre-order"...or whatever else it's called...has anyone seen it?
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby sherbetbizarre » Tue Dec 15, 2015 4:04 am

Almost three months ago...

SHATTERED HOPES: THE TRUE STORY OF THE AMITYVILLE MURDERS
25 September ·
We will have some details coming on the DVDs, as well as some updated info on the expansion of VOD worldwide to some new platforms that will grant wider accessibility of the entire Shattered series. We just don't have ALL of the details yet.

...guess he's still waiting for those "details"... :doh:
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby TigresMeow » Tue Dec 15, 2015 7:33 am

Don't forget that Christmas is almost upon us and there is lots of Christmas shopping to be done. Maybe everyone is getting a copy for Christmas? ;)
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Re: Shattered Hopes (film by Ric Osuna & Katco)

Postby msmart112 » Sat Dec 19, 2015 11:00 pm

From the Shattered Hopes Facebook page...December 16 at 10:11pm...

Mario Osorio wrote:C'MON! What the hell? Do you just get pleasure out of not releasing the end of the documentary? Wait, let me guess.... "It has been delayed because of breaking new info! Now to be a four disc Blu Ray release, coming in 2016. More details to come!"

:lol:
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