by Svitska Donkun » Tue Mar 13, 2012 5:42 pm
Confused. In the United States, how is it legal to forbid a commentary? It's all opinion and information, and if it's all opinion and education then it's protected under US regulations, if it's distributed in the US. I would figure Toho would have no say in that matter at all. Look at Rifftrax. They can create commentaries for any movie they want, and SELL them, without having any repercussions because they are protected by the Constitution, even though they're mocking the films. If it's MB's disc, why does Toho have a right to say what Self-made material can be used on it? They're not editing or using material's from the film in anyway for it. Info and perspective are not copyright-able entities. It's the equivalent of a knowledgeable person talking over an entire movie. I don't think Toho could really do anything were MB insistent on including a commentary. The commentary is not their property. I can make a commentary on any Godzilla film I so wanted and released it in MP3 format right now and Toho could do nothing. Worse yet, I can do a Plinkett style video review slamdown on any film I wanted, while using clips from the film itself, and bonus materials IF I was using it to get a perspective across. If SOPA passed I wouldn't be able to the latter, but SOPA didn't pass. I really don't see how Toho can have say on whether or not there's a commentary, unless MB is just being respectful and asking them first before doing so.
Also, MB is under contract with Toho to release the film, eventually. I believe so, anyway. Were Toho to pull out suddenly or otherwise impair their ability to release at least a barebones disc, Toho would be vulnerable to some legal troubles themselves.