Are “Million Dollar Baby” Spoilers Copyright Violations?
As noted above, one weapon that critics – such as Michael Medved and Rush Limbaugh — have used against “Million Dollar Baby” is to reveal the movie’s twist, without any spoiler warning preceding the revelation. Movie critic Roger Ebert has taken issue with this tactic, on the ground that it is ethically wrong. Ebert writes, “[T]o actively attempt to sabotage a movie with its intended mainstream audience, as Medved, Limbaugh and others have done, is not justifiable.” But is it also legally wrong? That question brings us to the copyright issue. Copyright law is the main way our society protects the market for the sale and purchase of creative works such as novels, music, and movies. It aims to ensure that that market can flourish so that creators, and the companies that distribute their work, can reap the profit from their labor. It thus provides an incentive for creators to produce more. But copyright law makes an exception for “fair use” – even though fair use can destroy the market f
