SCTV on DVD Campaign FAQ

What is the SCTV on DVD Campaign?
The SCTV on DVD Campaign is dedicated to clearing the music that was cut from the SCTV DVD's which have been released by Shout! Factory. The Campaign is also dedicated to ensuring that all six seasons of SCTV are finally released on DVD, complete and uncut.

There are already two season of SCTV on DVD available right now. Why do a campaign for a series that is already on DVD?
The goal of the campaign is to ensure that all six seasons of SCTV get released on DVD complete and uncut. The hope is that eventually, the first four volumes of SCTV get a re-release some time in the future with all of the music that was cut finally restored.

Why go to all of this trouble for some music that was cut from the DVD's?
Replacing the music can, in many cases, destroy the very comic element of a sketch. In most cases, when SCTV used music in the shows, much of it was used in such a way as to be integral to the very fabric of that sketch. The whole context of the sketch is destroyed.

Shout! Factory worked very hard to clear as much of the music used in the orginal series as possible. Isn't this campaign just pointing the finger of blame?
No, not at all. The SCTV on DVD Campaign appreciates the work that Shout! Factory put into clearing music for the SCTV DVD's. We recognize that clearing music for the DVD's is not an easy task. We simply feel that SCTV fans and anyone who is interested can help Shout! Factory clear the remaining music cues for future DVD releases of SCTV.

The makers of SCTV never cleared the music for the series in the first place. Why should copyright holders allow their music to be used now?
Actually, many copyright holders were very forthcoming and struck a deal to allow their music to be used on the SCTV DVD's. We also believe that even though SCTV never cleared the music originally, there is still no reason for copyright holders not to strike a deal now. Copyright holders who have not allowed their music to be used on the SCTV DVD's up to this point are missing an opportunity to become a part of a comic legacy and they also miss out on potential income from DVD sales of the series.

SCTV was only a small series. Does SCTV really warrant the same kind of attention for clearing music as, say a show like The Simpsons or MASH?
Popularity is not the reason for this campaign. SCTV is a work of art that deserves to be preserved as the makers of the series intended it to be. Also, Shout! Factory would not have made the effort to clear the music used in the series if it wasn't popular enough.

Are we really in a position to bargain, after all, the copyright holders do have a right to decide how their music is used, right? While it is certainly true that the copyright holders may have the final word, we as the consumers of the DVD's have the right to be a part of the process. Copyright holders need to know just how much we would appreciate their contributions to the DVD's. We do pay for the DVD's at the point of sale and it is only fair that we have our voice heard.

I have heard that using portions of music in a TV Show might constitute fair use under certain conditions. Is this true?
Since I began this campaign, I have done a fair amount of research into copyright. I do not pretend to be an expert on the subject. However, from the research I have done, it looks as though SCTV may indeed have claims to "fair use" of copyrighted music that they used throughout the series.

The problem is that the definition of fair use is a complex one, not easy to define. Even today, the debate as to just exactly what constitutes a "fair use" is not always easy to determine. When SCTV would use music in the series by say, Randy Newman, since the music was used in a parody, then on the surface it would seem that SCTV does indeed have the right to use the music under "fair use" practices.

Section 107 of the Copyright Act lists the incidents under which someone may use someone else's work under copyright law, such as parody, criticism, comment, news reporting, teaching, scholarship, and research. The copyright act also lists four factors to be considered when deciding if indeed the use of the content owner's work is considered "fair use".

The Four Factors to determine "Fair Use"
(from the US Copyright Office Website)
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
2. The nature of the copyrighted work.
3. Amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

The main use of the music used throughout SCTV would most likely fall under the category of "parody" (criticism). The concept of a parody is that it imitates the original work and that it ridicules it. In the courts, judges realize that the nature of a parody will require using portions of the original work being parodied. As a matter of fact, a fair portion of the original work needs to be used in order to make the parody effective and to conjure up the original.

The Four Factors of Section 107

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
It is quite clear for most people, I think, that SCTV did not use their music strictly for profit. After all, they believed that their show wasn't been seen by anyone and lived in a creative vacuum, creating what they liked and thought was funny. The first of the four factors is obviously fulfilled, since the series did not seek large profits from the use of say, Anne Murray's music. The use of copyrighted materials was for commentary and comedic value. I also believe that their use of music had social relevance and said something insightful or meaningful about those they sent up.

2. The nature of the copyrighted work.
The second factor relates to wether or not a given work has been published. Since most of the music that SCTV used was indeed published and part of popular culture, it is obvious that such works can easily said to be subject to public criticism and scrutiny. Our society depends upon expressing an opinion as to the social value of a given work. In other words, artists should be willing to accept any kind of criticism, good or bad. If however, a given work is unpublished, its first presentation before the public usually needs to be a positive one and a parody may actually harm the social impact of a given work.

3. Amount and substantiality
The amount of a given work used is also an important factor in determining wether or not such use may be deemed as "fair". Since SCTV was not using an entire piece of music and in many cases were using music only "fleetingly", this most likely constitutes as "fair use". The less you use of a given work, the greater the possibility of claiming "fair use" for a given work.

4. The effect of the use upon the potential market for or value of the copyrighted work.
The final factor determines wether or not the use of a given work deprives the content owner of income from the music and does it have a damaging effect on a possible market for a give work.
Since it was never SCTV's intention to use a complete piece of music in the series, it is highly doubtful that the court would find SCTV liable. In most cases, SCTV used mere seconds of a piece of music. Also, this would not be enough to deter people from buying sound recordings of the works used in the series. Indeed, SCTV could also be another way for consumers to hear music used throughout the series and be a source of revenue for the original artist. It would have to be proved beyond a shadow of a doubt that SCTV had actually sought to damage the reputation of a given artist and to deprive them of income.

Generally speaking it appears that parodies, which poke fun at or comment on a given work are more likely to succeed in litigation that do satires, which use a given work to poke fun at or comment on something else. "Stairways To Heaven" is obviously a parody, since it pokes fun at the legend that is the song "Stairway To Heaven". In the "Midnight Express Special", Rick Moranis plays John Denver, but the song "Rocky Mountain High" is used in the context of satire, since it refers to drug use.

Finally, it is most important to note that copyright holders cannot make any claims that deny fair use, although this is a common misunderstanding. All copyrighted works are subject to fair use. This is a right granted to the public at large. In fact, fair use rights usually take precedence over the rights of the author!

So, given that SCTV conceivably used copyrighted works in the series as "parodies" and "satires" it is quite conceivable that SCTV would do quite well in litigation. However, there are other factors which I believe have stood in the way.

1. Legal Action
Although SCTV appears to have adhered to the fair use rules quite closely, the fact is that the makers of the DVDs just did not have the kind of money to throw at court proceedings. They could have indeed risked using the music on the DVDs, but the risk also entails that content owners may decide to take you to court. If this happens, the burden of proof falls to you to prove that you did indeed use a given work under fair use laws.

2. Money
Depending upon the budget that Shout! Factory had for clearing music, litigation to determine "fair use" rights could conceivably drag on for months. Maybe even years. Content owners like Led Zeppelin have deep pockets and I am sure, the legal council to go along with it. They could drag on court proceedings for such a long time that the costs would outweigh the benefits several times over. Although SCTV could conceivably win against a big fish like Led Zeppelin, the high court costs would be too severe.

3. Outcome
In every case, judges are the ones to decide if a given use may be considered "fair". The problem is that the fair use laws can be open to individual interpretation. One judge may see that SCTV did indeed stick to "fair use" rules and may even award damages to the producers of the show. Content owners would then have to pay their legal fees for making them go to court. However, the judge may also find SCTV liable and then the legal fees may have to come out of the pockets of the owners of SCTV.

The situation for SCTV is obviously better than for many shows. WKRP in Cincinnati may never see DVD or TV again, since even more music was used throughout and not always in a parody sense. What does need to happen is that the factors governing "fair use" need to be stronger in order to protect freedom of expression for those who want to use materials from movies, books, logos, trademarks and music in their productions. The situation for documentary film makers is particularly frustrating, since they must be very careful not to capture any copyrighted content in their films which might spark litigation or even a lawsuit.

There has even been a Conference on Fair Use to put forth clearer and more distinct guidelines governing fair use. However, these conferences failed to come to a general consensus on what those guidelines should be.

Another important point I would like to make is that Shout! removed the song "Stairway To Heaven" from the series, fearing a lawsuit. No one can blame them for that. However, it is most disturbing that giant car companies are now using music by groups like Led Zeppelin. The most irksome point is that the use of "Stairway To Heaven" on SCTV can easily be seen to be a parody, which conceivably falls under the guidelines of "fair use". However, when a car company uses music by Led Zeppelin, it is for profit. Since car companies can afford the high fees demanded by groups like Led Zeppelin and The Who, it is very easy for them to get the use of such music.

In other words, our society is now in a position where freedom of expression is not being protected enough. If the purpose of copyright law is to promote creativity, like, for instance in a parody of the song "Pants" by Randy Newman on SCTV, is it really working? More and more, I would have to say no. As time has gone on, the content owners have gained a greater and greater monopoly over who can and cannot use their content. In the process, they are unwilling to accept important cultural and social commentary of their work and are leaning more and more towards using their music strictly for profit. If someone has deep enough pockets to pay for the rights to use their music in a car commercial then that is what they are going to accept. At the same time, they are squashing those who would use their music in a "fair use" context.

Since I began this investigation into copyright law and Fair Use rights, no one has stated that there are such fair use rights and I believe that most people are unaware of Fair Use Rights. There are several greats sites and pages on the internet that explain quite clearly what those current Fair Use Rights are. And Fair Use Rights are granted to the entire public. It is more important than ever that we all learn what our Fair Use Rights are and that we become educated on the subject in order to protect ourselves.

How long will this campaign last? Is there a deadline by which you hope to finally see uncut DVD's of SCTV released?
Not at all. This website will remain here as long as it takes for SCTV fans to decide they want to get involved. There is no deadline. I believe that eventually, fans will want uncut DVD's of the series.

Where did the idea for this campaign come from?
I had no idea what could be done to improve the situation for SCTV on DVD. I searched the internet looking for ideas and found the Moonlighting DVD Campaign which was very successful at clearing all of the music for the series on DVD except for one music cut. Seeing how successful and organized they were, I decided to start a campaign for SCTV on DVD.

How can I get invoved in the campaign?
There are several ways for fans to contribute. Remember, this is Your campaign and there are several thing you can do to make a difference.

1. Write Letters
Fans can write letters to Shout! Factory to pass onto the copyright holders. You can easily print a letter of your choice from the Letters page. Sign it, seal it and mail it to Shout! Factory.

2. Sign Petitions
There are two new petitions linked on the site and you can sign them online.
SCTV on DVD "Clear The Music" Petition
No more best of SCTV DVD sets - only complete seasons Petition.

3. Feedback
Your comments and suggestions are also important, remember, this is Your campaign, so take a minute and submit your comment or questions on the Feedback Page.

8. Spread the word
No campaign is a success without publicity. We need to spread the links for the campaign and for the petitions around the internet, so grab those links and spread the word!

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© April 11, 2006.