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fan_films_breaking_the_unwritten_rules_and_defining_profit [2016/02/16 04:27] – [Profiting from a Fan Film?] Carlos Pedraza | fan_films_breaking_the_unwritten_rules_and_defining_profit [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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====== Fan Films: Breaking the Unwritten Rules and Defining Profit ====== | ====== Fan Films: Breaking the Unwritten Rules and Defining Profit ====== | ||
- | Intellectual property lawyer Mary Ellen Tomazic criticizes the actions taken by // | + | {{page> |
+ | Intellectual property lawyer Mary Ellen Tomazic criticizes the actions taken by // | ||
===== Tolerating Fans' Infringement ===== | ===== Tolerating Fans' Infringement ===== | ||
On how fan films' copyright infringement is tolerated by rights holders: | On how fan films' copyright infringement is tolerated by rights holders: | ||
- | > This noncommercial but still infringing use of copyrighted works is termed “tolerated use”, and is allowed by the rights holder despite knowing someone is infringing on their work. The understanding of fan film makers is that under these unwritten rules they cannot profit from their fan film in any way, and it must remain noncommercial (i.e., not for sale) and noncompetitive with the original work. ... It is possible that the movie and television studios have allowed fan films to this point because they were not any competition and did not made profits from the use of their copyrights, so committing serious money to sue them did not make sense. | + | > This <wrap hi>noncommercial but still infringing use of copyrighted works is termed “tolerated use”</ |
===== Was Axanar 'Too Good'? ===== | ===== Was Axanar 'Too Good'? ===== | ||
On why CBS and Paramount sued to stop Axanar: | On why CBS and Paramount sued to stop Axanar: | ||
- | > 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.</ | + | > 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.</ |
==== Profiting from a Fan Film? ==== | ==== Profiting from a Fan Film? ==== | ||
- | [{{ :: | + | [{{ :: |
On how the case revolves around the commercial activity of Axanar Productions: | On how the case revolves around the commercial activity of Axanar Productions: | ||
- | > 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.</ | + | > 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.</ |
==== Axanar' | ==== Axanar' | ||
On what " | On what " | ||
- | > [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. This plan added to the feeling among fans that Axanar was using another’s copyrighted work for their own profit. The admissions by Peters, along with a financial report sent out to donors that was said to have numerous red flags indicating that he and his girlfriend may have drawn salaries from donated funds, was evidently the last straw for Paramount and CBS. | + | > [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. |
- | Tellingly, the CBS [[summary_of_the_lawsuit|legal complaint]] does not use the word ' | + | Peters and others did draw salaries from their crowdfunding proceeds, according |
+ | Tellingly, the CBS [[summary_of_the_lawsuit|legal complaint]] does not use the word ' | ||
+ | |||
+ | In denying the defense motion to dismiss, [[judge_r._gary_klausner|Judge Klausner]] distinguished between ' | ||
+ | |||
+ | > Although it is unclear whether Defendants stand to earn a profit from the Axanar Works, <wrap hi> | ||
==== Crowdfunding ==== | ==== Crowdfunding ==== | ||
Axanar' | Axanar' | ||
- | > 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. | + | > 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:// |
===== Legacy of the Case ===== | ===== 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: | 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: | ||
- | > 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> | + | > 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> |
+ | |||
+ | ==== New Fan Film Guidelines ==== | ||
+ | |||
+ | 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> | ||
+ | |||
+ | 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. | ||
+ | |||
+ | 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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+ | **Keywords** | ||
{{tag> | {{tag> |