Not the Enemy Media
Livingston, Ph.D., CEO
Not the Enemy Media, LLC
30 second trailer on website at:
POB 71123, Point Richmond, CA
February 2, 2004
litigation with 9 huge media corporations over the anti-war documentary “Over
9 Billion Dead Served” is over and Not The Enemy Media, LLC won!
On Monday, February 2nd, filmmaker Pete Livingston accepted
the settlement proposal from StudioCanal Image, the company which owns the
copyright to “Terminator 2:
Judgment Day,” starring Arnold Schwarzenegger (in which over 3
billion people are blown up by WMDs). This
victory against the big studios comes even as the RIAA
is suing 532 more people who have allegedly used other copyrighted
materials without permission.
receipt of multiple threats from Fox, Disney, and Universal in the case, in
December of 2002, Not The Enemy Media sought declaratory relief in Federal
Court to uphold his right to distribute the documentary “Over 9
Billion Dead Served.” The
feature length film, is a passionate anti-war commentary, and is almost
entirely comprised of clips from the
25 biggest box office movies. Dr.
Livingston successfully contended that his micro-budget ($30,000 film) is
protected by the Fair
Use Doctrine. Fair Use
Doctrine, is designed to protect the use of copyrighted material – that is
used without permission - for the purposes of criticism, education, and
lawyers representing Livingston are Bill Simpich, Tesfaye Tsadik, Jim Wheaton
and Matt Zimmerman (Jim and Matt representing The
First Amendment Project). Bill
Simpich says, “This film gives the filmmakers’ lenses a 180 degree spin
and exposes them as creators of the mindset that leads Americans to war.
There is no better evidence of this than the footage itself.
Nothing less will do.” Apparently,
the defendants in the case didn’t want to find out if a judge would agree,
and they settled out of court.
says, “This all began as an empirical examination of feature films to show
to hospice workers, but it soon became clear that the examples and issues
presented in these films could not be believably addressed using words in a
book or in articles. The imagery
of these films is amazing and horrifying in ways that requires the
transformative use of the original (copyrighted) material to convey. Literally, you’ve got to see it to believe it.
documentary shows how Hollywood filmmakers have used pretend WMDs to
illustrate the mass murder of over nine billion people while only one baby was
born (and survived) in “Gone With The Wind” back in 1939!
Livingston claims, “These movies have drawn on various negative
stereotypes, including “black,” “Arab,” and “Nazi”, to make
killing not only tolerable, but often amusing.
I hope this Not The Enemy victory encourages sensitivity to these
issues and other documentary makers to vigorously exercise the right of fair
top twenty five movies
(as of April 1997) as analyzed in this documentary are:
Dances with Wolves (1991)
Copyright © Pete Livingston