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— | axanar_guidelines [2020/11/09 14:22] (current) – [Participating Productions] corrects fan production name Carlos Pedraza | ||
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+ | ====== Axanar Tries to Rally Fan Films to Its Proposed Guidelines ====== | ||
+ | {{TOC}} | ||
+ | <wrap lo>//See also: [[guidelines_backlash|Backlash: | ||
+ | With CBS and Paramount reportedly drafting guidelines for fan films, Axanar producer [[Alec Peters]] has reached out to at least nine fan productions for their support of rules Peters wants the studios to accept, and isn't having much luck. | ||
+ | |||
+ | Among the rules included in Peters' | ||
+ | |||
+ | ===== Other Fan Productions ===== | ||
+ | |||
+ | <wrap em> | ||
+ | |||
+ | “I just felt that all the active fan films should be able to share their thoughts together in a constructive way,” Peters said. “Most of them don’t speak to CBS, and clearly we are communicating with them regularly, so it felt like the right thing to do."(( /* [[http:// | ||
+ | |||
+ | <WRAP right round important 50%> | ||
+ | {{: | ||
+ | <wrap lo> | ||
+ | </ | ||
+ | |||
+ | Included among the group of fan producers Peters contacted was James Cawley, leader of the long-running and well known Star Trek: New Voyages, who stated in a post on Trek author Dave Galanter' | ||
+ | |||
+ | > And now, like clockwork, Alec is texting and trying to make nice, so we will all join him in creating guidelines to give to CBS. I politely declined and received several insults.... sigh.(([[face> | ||
+ | |||
+ | In the blog posted following **AxaMonitor**' | ||
+ | |||
+ | > “Unfortunately, | ||
+ | |||
+ | ==== Participating Productions ==== | ||
+ | |||
+ | <wrap em> | ||
+ | |||
+ | --> Transcript of Peters' | ||
+ | Tue [May 24] \\ | ||
+ | **Alec Peters**: Hey, with the lawsuit in the home stretch thanks to JJ Abrams, CBS has said they are coming up with guidelines. I want all of us fan film makers to get together and submit our suggested guidelines. \\ \\ Already spoken to Todd Haberkorn (STC), Mike King (Valiant), John Atkin (Yorktown), Ryan Husk (Renegades). \\ \\ James Cawley is being a pain and submitting his own guidelines. \\ | ||
+ | \\ | ||
+ | **Producer**: | ||
+ | - No crowdsourced funding | ||
+ | - No selling of fan film merchandise | ||
+ | - No paying of cast and crew (you can pay an electrician, | ||
+ | |||
+ | **Alec Peters**: OK, cool | ||
+ | |||
+ | //The producer, who spoke to// **AxaMonitor** //on condition of anonymity, never heard from Peters again about participating.// | ||
+ | |||
+ | <-- | ||
+ | |||
+ | The people contacted by Peters comprised larger, well-known productions as well as smaller fan films. They included: | ||
+ | |||
+ | <WRAP right box 50%> | ||
+ | // | ||
+ | </ | ||
+ | |||
+ | * Todd Haberkorn of Star Trek: Continues | ||
+ | * John Broughton of Farragut | ||
+ | * John Atkin of Yorktown | ||
+ | * Nick Cook of Starship Intrepid | ||
+ | * Jim Bray of Star Trek: Anthology, who did not participate(([[http:// | ||
+ | * Michael King of Starship Valiant | ||
+ | * Scott Johnson of Starbase Studios (who produces several small Star Trek fan films) | ||
+ | * Greg Lock of Star Trek Ambush | ||
+ | * Ryan Husk. Husk has been associated with Star Trek: Renegades and a number of [[imdb> | ||
+ | |||
+ | About half participated in the Facebook group chat, Peters told the blog. | ||
+ | |||
+ | One source connected to CBS who asked not to be named reported that of the other fan productions [[guidelines_backlash|few have endorsed]] Peters' | ||
+ | ===== Proposed Guidelines ===== | ||
+ | |||
+ | **AxaMonitor** obtained copies of Peters' | ||
+ | |||
+ | <WRAP box 95%> | ||
+ | <WRAP centeralign> | ||
+ | |||
+ | 1. There must be the following disclaimer at the end of each episode and in all promotional and marketing materials, on all fan production websites: | ||
+ | |||
+ | > //Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fan made film intended for recreational use. No commercial exhibition or distribution is permitted.// | ||
+ | |||
+ | 2. Fan productions may not sell, or give away as perks, any item with a Star Trek mark, logos or character, including, but not limited to, the words “Star Trek,” the Enterprise insignia chevron, images of the U.S.S. Enterprise, or any Star Trek trademark. | ||
+ | |||
+ | 3. Fan Productions may not use Kickstarter, | ||
+ | |||
+ | 4. Fan productions may take donations, but all donations must go to the production of the fan film and may not be used to pay any of the principals. | ||
+ | |||
+ | 5. Fan Productions may pay professional cast and crew for their time working on the production. | ||
+ | |||
+ | 6. If a production uses a SAG member, it must become a SAG New Media Signatory.((SAG refers to the professional actors' | ||
+ | |||
+ | 7. Finished fan films may be no longer than 50 minutes in length, the approximate duration of TOS episodes. | ||
+ | |||
+ | 8. Fan film makers give to CBS an unlimited, unrestricted license to use their films, or any portion thereof, in any format CBS should deem appropriate. | ||
+ | </ | ||
+ | |||
+ | ==== Revisions ==== | ||
+ | |||
+ | The producers' | ||
+ | |||
+ | === Crowdfunding Preserved === | ||
+ | |||
+ | Peters' | ||
+ | |||
+ | "Nix #3," one of the producers told Peters. "Rule #3 [ending crowdfunding] would basically END fan films. Why would we want to do that?" | ||
+ | |||
+ | Another producer agreed: "I would take out #3 and let them [CBS and Paramount] decide if they want that stopped." | ||
+ | |||
+ | "I well remember many fan films don't fundraise," | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | The crowdfunding ban was removed from version 2 of Peters' | ||
+ | |||
+ | === Licensing === | ||
+ | |||
+ | A later version of the document, made public by Axanar following the publication of this article, included the final guideline regarding licensing. | ||
+ | |||
+ | === Professional Actors in Fan Films === | ||
+ | |||
+ | At least one of the fan producers also disagreed with Peters' | ||
+ | |||
+ | "I would also remove #6. … New Media is still something that actor unions are ironing out today," | ||
+ | |||
+ | Peters disagreed: " | ||
+ | |||
+ | The rule remained in version 2 of the proposal. | ||
+ | |||
+ | <WRAP right round info 50%> | ||
+ | <wrap lo>The following sections, **Analysis of the Proposal** and **Court of Public Opinion,** include opinion and/or informed speculation.</ | ||
+ | </ | ||
+ | ===== Analysis of the Proposal ===== | ||
+ | |||
+ | This is a brief analysis of each guideline in Peters' | ||
+ | |||
+ | - **Disclaimer** — Similar disclaimer language has been in use by most fan productions, | ||
+ | - **Perks** — The prohibition against Star Trek marks reflects the packaging practices Axanar has long used in its full line of [[merchandise]]; | ||
+ | - **Crowdfunding Ban** — This is arguably the most controversial plank in Peters' | ||
+ | - **Donations** — This guideline would still allow productions to solicit direct donations without the reach offered by Kickstarter and Indiegogo. It would also preclude productions from paying their " | ||
+ | - **Paying Cast and Crew** — Axanar is not the only fan film that has paid professional actors and select crew members for working on its production. Peters has previously made the case that the high quality delivered in //Prelude to Axanar// and promised for //Axanar// is not possible without compensating professionals who contribute to the films. | ||
+ | - **Actors' | ||
+ | - **Running Times** — It's not clear what the implications of adhering to this 50-minute rule would be on the planned feature-length production of //Axanar//. Does proposing such a limit mean // | ||
+ | - **Licensing** — This guideline mirrors the status granted by LucasFilm to works submitted to its Star Wars fan films contest. Note, however, that apart from the five-minute entries in its contest, LucasFilms offers no guidelines for the larger body of fan works. | ||
+ | ===== Court of Public Opinion ===== | ||
+ | |||
+ | Peters' | ||
+ | |||
+ | That came on the heels of a surprise announcement by Star Trek producer J.J. Abrams and director Justin Lin at the //Star Trek Beyond// Fan Event on May 20 that the [[copyright infringement]] lawsuit [[lawsuit|against Axanar]] Productions and Peters was "going away" within weeks. | ||
+ | |||
+ | ==== Bargaining Chip ==== | ||
+ | |||
+ | It is likely that Peters believed he might hold a stronger bargaining position in settlement negotiations if his proposed guidelines carried the imprimatur of other prominent fan productions. | ||
+ | |||
+ | According to sources at those fan productions, | ||
+ | |||
+ | ==== Fan Film Mailing Lists ==== | ||
+ | |||
+ | Even so, Peters appeared to believe that vocal public support like that which resulted in Abrams' | ||
+ | |||
+ | To that end, he reminded the fan producers he contacted, "But seriously, everyone has their mailing list, and we will be able to use that moving forward." | ||
+ | |||
+ | ===== What Happens Next? ===== | ||
+ | |||
+ | Very little is publicly known about the process by which CBS and Paramount are drafting their fan film guidelines. Unanswered questions include: | ||
+ | |||
+ | * Is this a formal part of the settlement negotiations? | ||
+ | * Will a settlement be contingent upon Axanar' | ||
+ | * How will the guidelines be enforced? | ||
+ | * Are other fan productions being consulted as part of the process? | ||
+ | * Which studio will take the lead in dealing with fan productions? | ||
+ | * What are the ramifications on the guidelines drafting process of the possible split-up of CBS and Paramount as joint plaintiffs? | ||
+ | * What legal relationship would these guidelines create between the studio(s) and the fan productions? | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |