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| copyright_infringement [2016/02/27 19:50] – adds Plagiarism Today quotes to Fan Film section Carlos Pedraza | copyright_infringement [2018/04/01 14:18] (current) – [Axanar's Defense] Carlos Pedraza | ||
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| + | ====== Copyright Infringement ====== | ||
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| - | ====== Copyright Infringement ====== | ||
| Depending what you read, the [[lawsuit]] that [[CBS]] and [[Paramount Pictures]] have brought against [[Axanar Productions]] is either David vs. Goliath, a battle over who gets to control Star Trek, fans trying to express their love for a treasured half-century old legend, soulless corporate greed threatened by plucky creatives or amateurs using intellectual property they don't own to finance their foothold in the film industry. | Depending what you read, the [[lawsuit]] that [[CBS]] and [[Paramount Pictures]] have brought against [[Axanar Productions]] is either David vs. Goliath, a battle over who gets to control Star Trek, fans trying to express their love for a treasured half-century old legend, soulless corporate greed threatened by plucky creatives or amateurs using intellectual property they don't own to finance their foothold in the film industry. | ||
| - | At its heart, however, this dispute rests on whether Axanar engaged in **copyright infringement** against the Star Trek works owned by CBS Studios and licensed by Paramount Pictures. | + | At its heart, however, this dispute rests on whether Axanar engaged in **copyright infringement** against the Star Trek works owned by CBS Studios and Paramount Pictures. |
| ===== What is infringement? | ===== What is infringement? | ||
| Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. | Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. | ||
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| + | ==== What Does Copyright Protect? ==== | ||
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| The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. | The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. | ||
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| === Fan Films and Infringement === | === Fan Films and Infringement === | ||
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| Intellectual property lawyer Mary Ellen Tomazic, in her blog post, "Fan Films – Breaking the Unwritten Rules and Defining Profit," | Intellectual property lawyer Mary Ellen Tomazic, in her blog post, "Fan Films – Breaking the Unwritten Rules and Defining Profit," | ||
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| - | > The truth is that Axanar may be a turning point in the relationship between rightsholders and fan fiction creators, a relationship that’s about to get a lot more complex. … The battle lines were being redrawn and the reason was because the Internet was, slowly, turning fan fiction and fan art into big business.(([[https:// | + | > The truth is that <wrap hi>//Axanar// may be a turning point in the relationship between rightsholders and fan fiction creators</ |
| Fan film producers have typically and explicitly acknowledged [[CBS]] as the copyright holder of Star Trek, and that their productions continue to exist [[cbs#fan films|at the studio' | Fan film producers have typically and explicitly acknowledged [[CBS]] as the copyright holder of Star Trek, and that their productions continue to exist [[cbs#fan films|at the studio' | ||
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| The trouble is, Bailey writes in Plagiarism Today, that fan work has inexorably become more and more commercial: | The trouble is, Bailey writes in Plagiarism Today, that fan work has inexorably become more and more commercial: | ||
| - | > The commercial/ | + | > The commercial/ |
| Tomazic' | Tomazic' | ||
| > The case revolves around what “profiting” from a fan film includes — can a filmmaker hire actors, set designers and build out a studio with crowdfunded money to make a “fan” film? Can he pay himself a salary from the funds? Paramount and CBS say no, deciding that this Axanar movie is no fan film but a competing product made from their copyrights and trademarks. The lawsuit is their way of reining in their previous tolerance of unlicensed use of their intellectual property, and protecting their legal rights under federal law.(([[http:// | > The case revolves around what “profiting” from a fan film includes — can a filmmaker hire actors, set designers and build out a studio with crowdfunded money to make a “fan” film? Can he pay himself a salary from the funds? Paramount and CBS say no, deciding that this Axanar movie is no fan film but a competing product made from their copyrights and trademarks. The lawsuit is their way of reining in their previous tolerance of unlicensed use of their intellectual property, and protecting their legal rights under federal law.(([[http:// | ||
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| + | === Rules for the Future? === | ||
| The eventual impact of this case, according to Tomazic, will limit what true fan productions can do in the future: | The eventual impact of this case, according to Tomazic, will limit what true fan productions can do in the future: | ||
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| ==== Defense ==== | ==== Defense ==== | ||
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| + | //**__« Fair use is tricky; it is literally decided on a case-by-case basis by the courts. »__**// | ||
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| A number of limitations and exceptions exist to copyright related to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). The most relevant to the [[lawsuit|Axanar case]] is the concept of fair use. | A number of limitations and exceptions exist to copyright related to a number of important considerations such as market failure, freedom of speech, education and equality of access (such as by the visually impaired). The most relevant to the [[lawsuit|Axanar case]] is the concept of fair use. | ||
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| It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, | It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, | ||
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| ===== Axanar' | ===== Axanar' | ||
| - | [[Legal defense]] | + | <wrap lo>//See also: [[knowing_infringement|Knowing infringement? |
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| + | According to its second [[motion to dismiss]] the lawsuit, Axanar' | ||
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| - | Portions of this article were adapted from the articles **[[wp> | + | Portions of this article were adapted from the articles **[[wp> |
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| **Keywords** | **Keywords** | ||
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