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    Invelos Forums->DVD Profiler: Contribution Discussion Page: 1 2 3 4 5  Previous   Next
SUGGESTED RULE CHANGE regarding use of copyrighted material (other than the DVD cover) in the OVERVIEW or elsewhere
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DVD Profiler Unlimited RegistrantStar ContributorKathy
Registered: May 29, 2007
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Despite many requests over the years to make changes regarding IMDb, Ken has not implemented them. I'm not sure why, I would guess that it is a legality issue.

No program is perfect but whichever one is used one must follow the owner's wishes. In this case, copyrighted material is not allowed into the online database.
DVD Profiler Unlimited RegistrantStar Contributorsurfeur51
Since July 3, 2003
Registered: March 29, 2007
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Quoting Kathy:
Quote:
In this case, copyrighted material is not allowed into the online database.

We all know that, and this is the reason users prefering IMDb data do not contribute to Invelos database.

On the other hand, I hardly understand how IMDb could copyright the name of an actor. Ken would be able to do that, as he uses name variants that are generated by his rules and exist only in his database.

To illustrate what I say:

Here is a non existing variant used in Invelos database, Francois Berleand:



Now, I use this Invelos variant for a google search. I get no result with this variant. All the results use the correct variant, François Berléand. Can IMdb copyright a name used by the actor himself and all the other sites (Wikipedia, Allo ciné, Comme au cinéma, Le Parisien, uniFrance Films...)? I do not think so...

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 Last edited: by surfeur51
DVD Profiler Unlimited RegistrantStar Contributorbbbbb
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Registered: March 14, 2007
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Quoting TraunStaa:
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Important is, how the person really is spelled in his legitimate papers (for the IRS tax statement for example)

LO
Don't confuse while the film is playing with when the film is played. [Ken Cole, DVD Profiler Architect]
DVD Profiler Unlimited RegistrantBlair
Resistance is Futile!
Registered: October 30, 2008
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Quoting surfeur51:
Quote:
On the other hand, I hardly understand how IMDb could copyright the name of an actor. Ken would be able to do that, as he uses name variants that are generated by his rules and exist only in his database.

This is one of the misunderstood concepts--made worse by their black-and-white wording on the site--that gets walked around due to too many concerns (same goes for so many other sites), and to keep from complicating things by splitting hairs I assume, Ken just avoids the issue entirely for safety's sake.


I'm not a lawyer, but from what I had to learn through other repeated issues over the years (copyright of material used in fan-games,) you are right in that a list of common names cannot be copyrighted. And even if they could be, the MPAA or similar would have a higher president for copyright than IMDb since they are borrowing the data as well. You can trademark individual names, but you can only copyright original ideas and creations.

That said, about 15 years ago, give or take a a few years, litigation went through in the United States giving an implied (but fair-use) copyright to anyone who creates something original online. This includes artwork, music, software, writings, et al.  This means if I create a piece of software and post it online, it is automatically considered, in the most basic legal form, as copyrighted for being my own, original work. That would be the same for IMDb.

While the names listed may not be directly in the bounds of copyright, it can be argued that the software (particularly the linking system) is protected by copyright and therefore the names cannot be used via the exact same method used by IMDb. Anyone who posts on the site (as well as most forums I have seen,) if they actually read the ToS for the site, will see that by posting on IMDb they agree to give up their own legal claim of copyright turning it over to IMDb as their own property.

Lastly, though, as I said before, it is still only an implied fair-use copyright. Just slapping a © somewhere doesn't mean you are secure. That's more of a "just letting you know" symbol. To be protected from legal action, you have to register any copyrighted material with the legal office of your country.
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He who MUST get the last word in on a pointless, endless argument doesn't win. It makes him the bigger jerk.
DVD Profiler Desktop and Mobile RegistrantStar ContributorTheMadMartian
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Registered: March 13, 2007
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Quoting TraunStaa:
Quote:
Important is, how the person really is spelled in his legitimate papers (for the IRS tax statement for example) or wants to be called in his alias. And in this matter, allow me to humbly trust the IMDb more, than some quickly fixed start and end credits (and therefore the Invelos cast & crew database).

Do you honestly believe that IMDb looked at the legitimate papers of, or asked every person in their DB what they prefered to be called, prior to deciding which name to list in their system?  No, they picked a name and went with it.
No dictator, no invader can hold an imprisoned population by force of arms forever.
There is no greater power in the universe than the need for freedom.
Against this power, governments and tyrants and armies cannot stand.
The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
- Citizen G'Kar
DVD Profiler Desktop and Mobile RegistrantStar ContributorTheMadMartian
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Quoting Kathy:
Quote:
Despite many requests over the years to make changes regarding IMDb, Ken has not implemented them. I'm not sure why, I would guess that it is a legality issue.

I can tell you why...cost.  IMDb charges a licensing fee to use their data.  Last I checked, the lowest priced plan was $15,000.  If Ken chose to use their data, this program would probably require an annual fee to use the on-line.  Speaking for myself, I prefer it the way it is.
No dictator, no invader can hold an imprisoned population by force of arms forever.
There is no greater power in the universe than the need for freedom.
Against this power, governments and tyrants and armies cannot stand.
The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
- Citizen G'Kar
 Last edited: by TheMadMartian
DVD Profiler Desktop and Mobile RegistrantStar ContributorTheMadMartian
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Quoting surfeur51:
Quote:
On the other hand, I hardly understand how IMDb could copyright the name of an actor. Ken would be able to do that, as he uses name variants that are generated by his rules and exist only in his database.

IMDb does not copyright the names, they copyright the 'data compilations'.  That means, because they did the work in gathering all the data and presenting it in a meaningful manner, they own that data.  If you want to create your own database, as Ken has done, you are free to do so, as long as you gather the data yourself.  What you can't do, is create your database using their data.  That, in my opinion, would be a form of plagiarism.
No dictator, no invader can hold an imprisoned population by force of arms forever.
There is no greater power in the universe than the need for freedom.
Against this power, governments and tyrants and armies cannot stand.
The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
- Citizen G'Kar
DVD Profiler Unlimited RegistrantStar ContributorAddicted2DVD
Registered: March 13, 2007
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Quoting TheMadMartian:
Quote:
Quoting Kathy:
Quote:
Despite many requests over the years to make changes regarding IMDb, Ken has not implemented them. I'm not sure why, I would guess that it is a legality issue.

I can tell you why...cost.  IMDb charges a licensing fee to use their data.  Last I checked, the lowest priced plan was $15,000.  If Ken chose to use their data, this program would probably require an annual fee to use the on-line.  Speaking for myself, I prefer it the way it is.


I prefer it the way it is as well. I wouldn't hate the idea of using their data... even if Ken decided he wanted to go that route... I would keep my cast/crew lists local then.
Pete
DVD Profiler Unlimited RegistrantStar ContributorKulju
Registered: March 14, 2007
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Quoting TheMadMartian:
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No, they picked a name and went with it.

But that works for them since they have a working linking system between all name variants which Invelos doesn't have at the moment.
DVD Profiler Unlimited RegistrantStar Contributorsurfeur51
Since July 3, 2003
Registered: March 29, 2007
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Quoting TheMadMartian:
Quote:
IMDb does not copyright the names, they copyright the 'data compilations'.

I do not want to use their data compilation, specially their roles that are often different from credits. Just use the name each time it is obvious that is is the name usually used by everybody, as in my example.

I really cannot see the interest, in the case I gave above, to have four variants in the CLT (as it is the case: François Berléand, François Berleand, Francois Berléand, and Francois Berleand), then open a common name thread to know which one is the most used following Invelos rules. In one year I'll have perhaps an answer that we'll perhaps change two monthes later since this actor is still in activity.

The correct one is obvious, it is easily found with a google search, and it happens to be IMDb name in 99,9% of cases, with no copyright problem. If we just avoided those silly variants, we would eliminate from the database thousands of non linking data with no extra (and useless) work with CLT and common names threads.
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DVD Profiler Desktop and Mobile RegistrantStar ContributorTheMadMartian
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Quoting surfeur51:
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The correct one is obvious, it is easily found with a google search, and it happens to be IMDb name in 99,9% of cases, with no copyright problem. If we just avoided those silly variants, we would eliminate from the database thousands of non linking data with no extra (and useless) work with CLT and common names threads.

The correct one is obvious to you, in the case you mentioned, because you are French and he is a French actor.  I can tell you it is not so obvious for those of us outside of France.  While I do understand that a simple google search will give the proper result, the average contributor isn't going to do a google search, on every name they enter, in order to make sure it is properly accented.

IMDb works because they use a unique identifier for each actor and, behind the scenes, link all variations of that actor name to that identifier.  If I type in Francois Berleand, it links back to nm0075710, which has a display name of François Berléand.  Invelos needs something similar.  Not being a programmer, I have no idea how hard that would be to impliment. 
No dictator, no invader can hold an imprisoned population by force of arms forever.
There is no greater power in the universe than the need for freedom.
Against this power, governments and tyrants and armies cannot stand.
The Centauri learned this lesson once.
We will teach it to them again.
Though it take a thousand years, we will be free.
- Citizen G'Kar
DVD Profiler Unlimited RegistrantBlair
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Registered: October 30, 2008
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Quoting TheMadMartian:
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IMDb works because they use a unique identifier for each actor and, behind the scenes, link all variations of that actor name to that identifier.  If I type in Francois Berleand, it links back to nm0075710, which has a display name of François Berléand.  Invelos needs something similar.  Not being a programmer, I have no idea how hard that would be to impliment. 

It would likely be a total rebuild of cast and crew from the ground up while at the same time maintaining the current method until all names are transferred over.

Transferring the names to the new system might not be too difficult at first, but maintaining the lists (making sure when the person enters John Doe as the cast member links it to the proper one in the new database) will likely be just as difficult to maintain as the current system unless a new verification method is used which could be tough (think viewing CLT but needing to be automatic with each John Doe group already separated.)
If at first you don't succeed, skydiving isn't for you.

He who MUST get the last word in on a pointless, endless argument doesn't win. It makes him the bigger jerk.
DVD Profiler Unlimited RegistrantGrendell
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DVD Profiler Unlimited RegistrantStar Contributorsurfeur51
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Quoting TheMadMartian:
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If I type in Francois Berleand, it links back to nm0075710, which has a display name of François Berléand.

And how do you think IMDb choose the display name, which happens to be the correct one in 99,9% of cases ? Only by knowledge of the language of the actor or by google search...

IMDb display name has the same problematic than common name in Invelos database. Dvdprofiler linking system would work perfectly with a correct list of common (display) names. This list could be Invelos based (as is CLT), and filled using the knowledge of all users, Spanish, Swedish, Norvegian,  French,... users giving correct spelling for actors of their country . Common name rule (most used) could be still used for real variants (Rebecca Romijn/Rebecca Romijn-Stamos). A new rule about birth year changed to specific ID for same name/different actor would also avoid that a lion (Shaka in "Flyboys") plays a girl (Shaka in "Flash Gordon")) as we can see in CLT.

This list could be implemented tomorrow without any program change, and would need far less work from users than those useless common name threads. For next program version, Ken would just have to create a link between this list and the online database, without having to change the existing linking system, and the list would be used by contributors as Parsec explained on top of page 3 of this thread.
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 Last edited: by surfeur51
DVD Profiler Unlimited RegistrantStar ContributorT!M
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Quoting Kathy:
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I literally will need to remove tens of thousands of names/birth years that have been accepted and entered into the database on invelos' end.

For the record: there are no more than, say, 30 or 40 invalid birth years that nonetheless have been accepted on Invelos' end. Most of them are documented here. So "dozens" would be a more accurate description than "tens of thousands". As for unneeded name variants that have been entered into the Invelos database, yes, there are plenty of those...

As for the current common name system: it can do what it needs to do (which is: being able to click on any given name and show us that person's credits in our database), but it takes a LOT of work to get there. And even when you're there, you're stuck with well-meaning users (well, most of them are well-meaning) that keep trying to remove previously established common names citing IMDb-data-influenced or TV show child profiles-influenced raw CLT numbers. All in all I can certainly understand that the vast majority of the users won't go to the ordeal it takes to keep everything in line - let alone to keep contributing as well.

The first thing we need is a system where we abandon the idea of dozens of sets of cast and crew data for one and the same film. Instead, we need to move to a system where we track one set of cast and crew per film, not per DVD/region/locality. Of course, the system would need to allow for different cuts, or an occasional version that is otherwise different, but the way it is now, every little correction, every birth year addition, every common name shift needs to be propagated through dozens of profiles, and while two or three of the larger localities tend to keep up, in "smaller" localities it literally takes years to get there. There's really no reason why we should continue to struggle like that. Changing that would make a world of difference.
 Last edited: by T!M
DVD Profiler Unlimited RegistrantStar ContributorKathy
Registered: May 29, 2007
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T!M,

When I contribute profiles I get BYs popping up on almost every single one. In most cases there are several up to several dozen. In almost all of these cases I get a prompt from invelos to document these BYs before submitting them.

So far I have run across thousands of lthese valid/invalid (who knows) BYs so I'm guessing my estimate  of tens of thousands might actually be small.

I don't know how these invalid BYs got into my database but I didn't add them. They must be in the online database.

Another problem is that valid BYs often are not on the BY thread. Although helpful, the BY thread is lacking in the ability to track valid/invalid BYs because there are people who post in it and others do not.
 Last edited: by Kathy
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