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— | fan_films_breaking_the_unwritten_rules_and_defining_profit [2016/09/10 20:04] – [Axanar's Red Flags] Carlos Pedraza | ||
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+ | ====== Fan Films: Breaking the Unwritten Rules and Defining Profit ====== | ||
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+ | {{page> | ||
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+ | Intellectual property lawyer Mary Ellen Tomazic criticizes the actions taken by // | ||
+ | ===== Tolerating Fans' Infringement ===== | ||
+ | On how fan films' copyright infringement is tolerated by rights holders: | ||
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+ | > This <wrap hi> | ||
+ | ===== Was Axanar 'Too Good'? ===== | ||
+ | On why CBS and Paramount sued to stop Axanar: | ||
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+ | > Discussions among filmmakers and Star Trek fans reveal the theory that the Axanar movie may have been “too good” and the competition was too much for Paramount and CBS, so they decided to shut it down. <wrap hi>The braggadocio exhibited by Peters in criticizing how the owners of Star Trek have exploited the franchise in the past, and that his movie was going to be better, probably did not help his cause.</ | ||
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+ | ==== Profiting from a Fan Film? ==== | ||
+ | [{{ :: | ||
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+ | On how the case revolves around the commercial activity of Axanar Productions: | ||
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+ | > 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 <wrap hi>this Axanar movie is no fan film but a competing product made from their copyrights and trademarks.</ | ||
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+ | ==== Axanar' | ||
+ | On what " | ||
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+ | > [Peters] announced that he was building out a studio “for the production of Axanar,” but also said he wanted to use it to make other films in the future. <wrap hi>This plan added to the feeling among fans that Axanar was using another’s copyrighted work for their own profit.</ | ||
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+ | Peters and others did draw salaries from their crowdfunding proceeds, according to Axanar' | ||
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+ | Tellingly, the CBS [[summary_of_the_lawsuit|legal complaint]] does not use the word ' | ||
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+ | In denying the defense motion to dismiss, [[judge_r._gary_klausner|Judge Klausner]] distinguished between ' | ||
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+ | > Although it is unclear whether Defendants stand to earn a profit from the Axanar Works, <wrap hi> | ||
+ | ==== Crowdfunding ==== | ||
+ | Axanar' | ||
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+ | > There have been some concerns voiced recently about how stringently the crowdfunding sites monitor projects they accept for the unlicensed use of others copyrighted material, and whether they would take any responsibility to enforce any reimbursement by Peters and Axanar Productions.(([[http:// | ||
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+ | ===== Legacy of the Case ===== | ||
+ | Whether [[lawsuit|Paramount v. Axanar]] goes all the way to a jury trial or is settled out of court (like most lawsuits), Tomazic concludes it will have far-reaching implications on future fan film productions: | ||
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+ | > The Axanar lawsuit should serve as a cautionary tale for all fan film makers, as it will most likely result in strongly stated and probably strict parameters being set by other rights holders for future tolerated use of their intellectual property. <wrap hi> | ||
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+ | ==== New Fan Film Guidelines ==== | ||
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+ | After producer J.J. Abrams and //Star Trek Beyond// director announced on May 20, 2016, that the Axanar lawsuit was "going away," CBS and Paramount issued a statement that they were in settlement negotiations and were working on drafting a set of fan film guidelines.(([[twit> | ||
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+ | Those guidelines were [[cbs_guidelines|released by CBS]] a month later — a restrictive set of rules changing the entire landscape of Star Trek fan films by limiting run times to a maximum of 30 minutes and continuing to allow crowdfunding within limits. | ||
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+ | Before then, Axanar producer Peters had drafted his own list of [[axanar_guidelines|proposed guidelines]] and tried to rally other fan productions around him, but the attempt failed with [[guidelines_backlash|producers disavowing]] the effort once publicly [[guidelines_timeline|revealed]] by **AxaMonitor**. | ||
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+ | ---- | ||
+ | **Mary Ellen Tomazic** //is an Ohio entertainment attorney with expertise in copyrights, trademarks, contracts, liability and business organizations such as partnerships, | ||
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+ | ---- | ||
+ | **Keywords** | ||
+ | {{tag> |