Re: [dvd-discuss] DVD Editing

["James S. Tyre" <jstyre(at)jstyre.com>]

At 03:28 PM 9/21/2002 -0700, microlenz@earthlink.net wrote:
>SOmehow I can't get to enthusiastic about it....the works are not in the 
>public
>domain so they are still copyrighted. While Humphrey Bogart is dead, the 
>actors
>and actresses in SpiderMan, as well as Cliff Robertson are not and they 
>did not
>perform sexual intercourse before a camera. In California, I believe it is
>deformation of character to state that someone has in infectious disease 
>or is
>unchaste (..blast it I couldn't find my copy of the California code...Jim 
>T. is
>this so?). A digital morph of someone having sex, where they did not, would
>constitute deformation of character I think....and far worse than mere spoken
>or written language. In fact, in California punitive damages are awarded for
>fraud, oppression or malice. A digital morph would be fraud apriori and the
>only question would be if it was done with malice..certainly it would be done
>with extreme recklessness


"Deformation" of character???  Heh, I think I like that one as much as the 
tort I invented when I was in l-school in the Dark Ages, Definition of 
Character.

OTOH, assuming, for the sake of argument only, of course, that you mean 
defamation of character, it depends.  Defamation has to be broken down into 
libel (written defamation) and slander (oral defamation).  Obviously, one 
must go beyond the naked language of the code (see below), but basic code 
defs support your statement only for slander, not libel.  A digital morph, 
assuming it is actionable, would be libel, not slander.

44.  Defamation is effected by either of the following:
    (a) Libel.
    (b) Slander.



45.  Libel is a false and unprivileged publication by writing,
printing, picture, effigy, or other fixed representation to the eye,
which exposes any person to hatred, contempt, ridicule, or obloquy,
or which causes him to be shunned or avoided, or which has a tendency
to injure him in his occupation.



45a.  A libel which is defamatory of the plaintiff without the
necessity of explanatory matter, such as an inducement, innuendo or
other extrinsic fact, is said to be a libel on its face.  Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as a
proximate result thereof.  Special damage is defined in Section 48a
of this code.



46.  Slander is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or other
means which:
    1. Charges any person with crime, or with having been indicted,
convicted, or punished for crime;
    2. Imputes in him the present existence of an infectious,
contagious, or loathsome disease;
    3. Tends directly to injure him in respect to his office,
profession, trade or business, either by imputing to him general
disqualification in those respects which the office or other
occupation peculiarly requires, or by imputing something with
reference to his office, profession, trade, or business that has a
natural tendency to lessen its profits;
    4. Imputes to him impotence or a want of chastity; or
    5. Which, by natural consequence, causes actual damage.

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James S. Tyre                               mailto:jstyre@jstyre.com
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