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1986, Section C, at 13, col, 1; The Color Green, Tinting old
Movies by Computer:
Big Business, Artistic Outrage, Washington
Post, Nov. 2, Section F, at 1; "Colorization" Is Defacing Black
and White Film Classics, New York Times, Nov. 2, 1986, Section 2,
at 1, col. 1; Colorization's Negatives, U.S. News & World Report,
Oct. 20, 1986, at 75; Raiders of the Lost Art, The "Colorizing"
of old Movies Has Directors Seeing Red, Time, Oct. 20, 1986, at
98; "Colorizing" Film Classics:
A Boon or
a Bane?, New York
Times, Aug. 5, 1986, Section A, at 1, col. 3; High-Tech Facelift
for Film Classics, U.S. News & World Report, March 31, 1986, at
68; Play it Again, Sam...in Color, Forbes, Feb. 10, 1986, at 117;
Play it Again, This Time in color, Electronic Magic Touches Up
the Classics of Black-and-White, Time, Oct. 8, 1984.
The author in no way attempts to comprehensively study
the entire subject of copyright protection.
The topic is simply
too broad and necessarily beyond the scope of this article.
Instead, the author will attempt to pinpoint the rationale and
protections afforded by copyright and other branches of intellectual property law as they more specifically relate to the
Likewise, models of moral rights protection
as they exist in other countries will discussed by way of example
only, and will by no means be exhaustively described.
See infra notes 20-23 and accompanying text.
One could imagine the amount of time and effort which
would be needed to successfully colorize even
a brief film
montage, such as the famous
"shower scene" from Hitchcock's
It is doubtful, however, whether this increased market
share reflects an actual viewer preference for colorized versions
of films, or merely reflects a fleeting consumer interest in
simply seeing the still-novel colorized product.
A recent non
scientific "Color Wars" poll taken following KTLA-TV's broadcast
of the colorized It's a Wonderful Life revealed 53.5% of viewers
calling in actually purported to prefer the original black-and
See "NO" Votes Win in "Color Wars", supra note 2. Regardless, it will certainly be long-term market share, as
opposed to purported consumer preference, which will ultimately
determine the success or failure of colorization.
Mr. Preminger died last year and his film company is
run by a management firm.
Despite rationalizations by
management, it appears Preminger himself never consented to this
or agreement of anyone. See infra notes 20-23 and
Yet opposition to colorization in the Hollywood
creative community is not completely unanimous.
Stewart's speech, he was surprised to learn that Joe Walker,
cinematographer of the original Wonderful Life, was himself
involved in the colorization of the same film.
See Raiders of
the Lost Art, supra note 2.
77-848 0 - 88 - 6
Other such groups include the Directors Guild of
America, the Screen Actors Guild, the Writers Guild of America
West, the American Society of Cinematographers and Hollywood
locals of the International Alliance of Theatrical
See Through a Tinted Glass, Darkly, supra note 2.
In England, the Stationers' Company Acts conferred upon
the Royal Stationer until 1694 a complete monopoly in the right
Encouragement of Learning' first granted the author the right to
print and reprint his works.
See V. Porter, Film Copyright: Film
Culture, Vol. 19, No. 1 Screen 90, 94-95 (Spring 1978).
While the French refer to the author's right as droit
d'auteur, a similar right appears by different names throughout
For example, Spain has a derecho de autor, Italy a
diritto d'autore, and Germany an Urheberrecht.
See Porter, supra
note 11, at 96.
Copyright protection is mandated in our country by LS.
Const. art. 1, § 8, which provides:
"The Congress shall have
Power...to Promote the Progress of
Science and useful `Arts, by
securing for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries."
"Authors" and "Writings" have been broadly construed so
include creators of visual art, literature and music, as well as
17 U.S.C. 8 106(2) provides in relevant part:
owner of copyright... has the exclusive right to...prepare
derivative works based upon the copyrighted work".
A copyright owner can, if he wishes, transfer to
another any or all of the exclusive rights granted by copyright,
either with or without compensation.
See 17 U.S.c. 8 201 (d).