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are fan reconstructions = public domain?


theaveng
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Sorry, dude, when you say 'the cybermen's speech' , do ya mean their oration or their voices?

I must confess I found their voices pretty damn funny in that story.......................

the bit at the start of the old VHS of tomb of the cybermen when they interview the voice artist responsible was hilarious as well.

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yeah, most docs managed a few stories that were dull. Def got worse towards the end of the original run though imo........... Always thought it was odd that pertwee never had a cyberman story after they were so popular in the trought era. I get all humourless about Troughton's occasional cheesiness sometimes though because im such a fan of that era :)

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It depends if the BBC makes a statement. It's like bootleg band tapes. Some bands don't mind these and will encourage them others set up recording agreements with official distributers, so unofficial bootlegs are not encouraged.

 

Digital copying e.g. from a DVD is illegal, but (in the UK at least) taping of TV programs on analogue magnetic media (e.g. VHS) isn't. So I'd surmise the reconstructions aren't illegal itself. However this doesn't make them public domain unless the BBC put those episodes themselves in the public domain.

 

Personally, I don't see why they wouldn't - it would not preclude the BBC from doing their own reconstructions - just like the early "rock n roll" music is now out of copyright and doesn't stop the estates like that of Elvis doing their own compilations now anyone can do them.

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By no means are they in the public domain. The soundtracks are certainly BBC copyright (which is how they have the right to sell them commercially) and the recordings were essentially in breach of that copyright (which is why the people that made them were denied a credit on the early audio releases). The telesnaps seem to be more complicated. Since most are on the BBC website we can assume they now hold ownership. The exception being the "Marco Polo" pics which Panini aquired from Waris Hussein (the director).

The BBC are aware of them, and are okay with it as long as they are not sold. If they were public domain then anyone could freely sell them commercially (like you and I could with, say, a Shakespeare play).

The deal was that they could only be made available on VHS - this may have changed but I doubt it (their site offers only VHS dubsites).

And just because the BBC destroyed the episodes doesn't negate their ownership of them. Let's say you painted a picture, exhibited it once, then decided to paint over it to save canvas. Then years later you discovered someone had photgraphed it and was producing prints. You may be pleased a record of it survived, but you'd be pretty annoyed if someone was making money off your hard work without your permission.

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