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| fanfilm_report [2016/08/26 17:39] – Carlos Pedraza | fanfilm_report [Unknown date] (current) – external edit (Unknown date) 127.0.0.1 | ||
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| {{:: | {{:: | ||
| - | <wrap lo> | + | <wrap lo> |
| </ | </ | ||
| ====== Axanar Supporters’ Report Critiques Fan Film Guidelines ====== | ====== Axanar Supporters’ Report Critiques Fan Film Guidelines ====== | ||
| {{TOC}} | {{TOC}} | ||
| + | |||
| + | < | ||
| + | //**__ __**// <wrap lo>**By [[user> | ||
| + | </ | ||
| A group calling for a partial boycott of //Star Trek: Discovery// has submitted a report to CBS criticizing its [[cbs_guidelines|fan film guidelines]] and calling for the studio to make specific changes. | A group calling for a partial boycott of //Star Trek: Discovery// has submitted a report to CBS criticizing its [[cbs_guidelines|fan film guidelines]] and calling for the studio to make specific changes. | ||
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| > This group formed with the intention of seeking compromises, | > This group formed with the intention of seeking compromises, | ||
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| - | <WRAP right round alert 50%> | ||
| - | <wrap lo>< | ||
| - | </ | ||
| CBS issued guidelines for fan films in June 2016 that assured producers the studio would not pursue [[lawsuit|legal action]] as it has with Axanar, against productions that adhered to the guidelines. | CBS issued guidelines for fan films in June 2016 that assured producers the studio would not pursue [[lawsuit|legal action]] as it has with Axanar, against productions that adhered to the guidelines. | ||
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| + | <WRAP right round download 50%> | ||
| + | <wrap lo> | ||
| + | </ | ||
| ===== Letter-Writing Campaign ===== | ===== Letter-Writing Campaign ===== | ||
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| ===== Findings ===== | ===== Findings ===== | ||
| - | Though described as a focus group report. the document is more accurately a summation of a variety of surveys conducted on the Facebook page of [[face> | + | Though described as a focus group report, the document is more accurately a summation of a variety of surveys conducted on the Facebook page of [[face> |
| - | The report states its results came from the responses of 1,200 Star Trek fans. Among the findings: | + | The report states its results came from the responses of 1,200 self-selected |
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| > For the most controversial guidelines, the group can only share the depth of our concerns and hope that CBS and Paramount might respect our perspective on these matters in the hope there might be a middle ground where some of the most restrictive of the guidelines might be loosened—if only just a little. In this way, the studios can reach out to the fan community with a message of cooperation and back-and-forth constructive communication.((Brief Overview of the Results, //Star Trek// Fan Film Guidelines: Focus Group Report, prepared for CBS and Paramount, submitted by organized fans, August 2016, p. 1)) | > For the most controversial guidelines, the group can only share the depth of our concerns and hope that CBS and Paramount might respect our perspective on these matters in the hope there might be a middle ground where some of the most restrictive of the guidelines might be loosened—if only just a little. In this way, the studios can reach out to the fan community with a message of cooperation and back-and-forth constructive communication.((Brief Overview of the Results, //Star Trek// Fan Film Guidelines: Focus Group Report, prepared for CBS and Paramount, submitted by organized fans, August 2016, p. 1)) | ||
| - | |||
| ==== Most Objectionable Guidelines ==== | ==== Most Objectionable Guidelines ==== | ||
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| * **Limiting** crowdfunding to only $50,000 per 15-minute episode (up to maximum of two episodes), instead asking for a $150,000 limit. | * **Limiting** crowdfunding to only $50,000 per 15-minute episode (up to maximum of two episodes), instead asking for a $150,000 limit. | ||
| - | ===== Guideline | + | <WRAP right round info 50%> |
| - | {!stub:Incomplete portion | + | <wrap lo>This section, **Examining Each Guideline**, |
| + | </ | ||
| + | |||
| + | ===== Examining Each Guideline ===== | ||
| + | |||
| + | //The collapsed headings below open to an examination of each guideline, the report' | ||
| + | |||
| + | --> Guideline 1: Run Time Limits, No Series# | ||
| + | --> Full Text# | ||
| + | The fan production must be less than 15 minutes for a single self-contained story, or no more than 2 segments, episodes or parts, not to exceed 30 minutes total, with no additional seasons, episodes, parts, sequels or remakes. | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | This guideline " | ||
| + | **ANALYSIS** The report appears to adopt a far more restrictive interpretation of Guideline #1 than is actually stated in the text, possibly to make the appeal more sympathetic. While the guidelines do appear to discourage branded series, the guideline says nothing about re-use of sets, costumes, characters or other aspects of production. The guidelines are intended to draw a line [[guidelines-podcast# | ||
| + | |||
| + | The plea to extend run times runs counter to CBS' clear priority of carving out short-form stories for fan films, and the report does little to justify the request, other than to state fans really want it. Respondents' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 2: Restrictions in Titles and Marketing# | ||
| + | --> Full Text# | ||
| + | The title of the fan production or any parts cannot include the name “Star Trek.” However, the title must contain a subtitle with the phrase: “A Star Trek Fan Production” in plain typeface. The fan production cannot use the term “official” in either its title or subtitle or in any marketing, promotions or social media for the fan production. | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | Respondents indicated they found this guideline acceptable. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 3: 'Must be Original'# | ||
| + | --> Full Text# | ||
| + | The content in the fan production must be original, not reproductions, | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | Respondents found acceptable the second sentence regarding obtaining permission for the use of third-party content (i.e., not owned or controlled by CBS or Paramount), such as music, which is licensed through organizations other than the studios. \\ \\ | ||
| + | However, respondents asked CBS for clarification about whether the first sentence prevented fan productions from using established alien races and planets from Star Trek, starships, characters, storylines in officially licensed Star Trek products aside from the TV series and films. \\ \\ | ||
| + | **ANALYSIS** The report chooses an interpretation of the first sentence that is more restrictive than intended by the guidelines. The entire point of the guidelines, according to Van Citters, was to offer [[guidelines-podcast# | ||
| + | If CBS intended such a restrictive interpretation, | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 4: No Bootleg Merchandise# | ||
| + | --> Full Text# | ||
| + | If the fan production uses commercially-available Star Trek uniforms, accessories, | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | After initially assuming the purpose of this guideline was to force productions to purchase expensive uniforms, accessories and other items, rather than allowing fans to construct their own, Van Citters' | ||
| + | > <wrap lo>A fan production is welcome to create their own Star Trek uniforms, accessories, | ||
| + | **ANALYSIS** While the report seems to indicate general acceptability of this guideline once it was [[guidelines-podcast# | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 5: No Professionals# | ||
| + | --> Full Text# | ||
| + | The fan production must be a real “fan” production, i.e., creators, actors and all other participants must be amateurs, cannot be compensated for their services, and cannot be currently or previously employed on any Star Trek series, films, production of DVDs or with any of CBS or Paramount Pictures’ licensees. | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | Respondents concluded this guideline is unenforceable under Section 16600 of the California Business and Professions Code, which states: "Every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." \\ \\ | ||
| + | [{{ :: | ||
| + | The report also posited situations in which this restriction could place participants at physical risk, such as being prohibited from hiring a stunt coordinator to prevent injury on set, or hiring a professional electrician to safely wire a set to prevent a fire. The report goes so far as to suggest this prohibition would create legal liability for CBS. \\ \\ | ||
| + | Finally, the report claims CBS' intention for this guideline to "level the playing field" for smaller fan productions was not born from complaints by smaller productions; | ||
| + | **ANALYSIS** The report argues the guidelines are a contract, but cites no case law to support its conclusion that this term in the guidelines is a restrictive covenant subject to being ruled unenforceable. The guidelines are not like a traditional agreement not to compete, solicit customers or hire specific employees, because if the fan film violated this guideline, CBS would not sue on the grounds that such a covenant had been breached. Instead, the studio would sue on an entirely different claim of [[copyright infringement]]. Also, that California statute does not likely extend to activities that violate the law — in this case, copyright. \\ \\ | ||
| + | The idea that CBS would expend the resources necessary to police the guidelines in such a way as to discourage prudent, safety-related efforts requires a more restrictive interpretation of this guideline than offered by Van Citters. The frankly macabre death scenarios painted in the report appear to be more of an attempt to seek elimination of an unpopular guideline than a realistic portrayal of how the guidelines would actually be enforced. \\ \\ | ||
| + | Finally, the "level playing field" problem the report claims does not exist for smaller fan productions is an assertion made without evidence or citations from those productions. Indeed, the report' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 6: Non-Commercial Productions# | ||
| + | --> Full Text# | ||
| + | The fan production must be non-commercial: | ||
| + | * 6a. CBS and Paramount Pictures do not object to limited fundraising for the creation of a fan production, whether 1 or 2 segments and consistent with these guidelines, so long as the total amount does not exceed $50,000, including all platform fees, and when the $50,000 goal is reached, all fundraising must cease. | ||
| + | * 6b. The fan production must only be exhibited or distributed on a no-charge basis and/or shared via streaming services without generating revenue. | ||
| + | * 6c. The fan production cannot be distributed in a physical format such as DVD or Blu-ray. | ||
| + | * 6d. The fan production cannot be used to derive advertising revenue including, but not limited to, through for example, the use of pre or post-roll advertising, | ||
| + | * 6e. No unlicensed Star Trek-related or fan production-related merchandise or services can be offered for sale or given away as premiums, perks or rewards or in connection with the fan production fundraising. | ||
| + | * 6f. The fan production cannot derive revenue by selling or licensing fan-created production sets, props or costumes. | ||
| + | |||
| + | <-- | ||
| + | --> 6a: Limited Crowdfunding# | ||
| + | Respondents found this limitation the most controversial after Guidelines #1 and #5. They were puzzled by the restriction on crowdfunding but not on private, direct funding from, say, "a rich Uncle Alfred," | ||
| + | **ANALYSIS** The results for this guideline seem to completely ignore CBS' clear intention to limit the scope of fan productions, | ||
| + | |||
| + | <-- | ||
| + | --> 6b: No Charging for Fan Films (Online Only)# | ||
| + | --> ' | ||
| + | Respondents judged this guideline "fair and reasonable." | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> 6c: No Physical Media# | ||
| + | Respondents admitted that physical media (i.e., DVDs and Blu-rays) given as perks in exchange for crowdfunding donation "would be the equivalent of selling and distributing the film," other than the free online streaming stipulated in Guideline #6b. But they also found this guideline precluded reasonable needs for physical media not sold by the production, including submitting the film to a festival or competition, | ||
| + | > <wrap lo>The fan production cannot be distributed in a physical format such as DVD or Blu-ray in any way that involves the exchange of money, either for direct sale, a perk offered in exchange for a donation, or someone simply paying the cost of the blank media and shipping. Physical copies of the fan production can only be created for single- use activities, such as contest entries, and cannot be distributed in mass quantities (even for free) except to individuals who worked directly on the production.</ | ||
| + | **ANALYSIS** This appears to be another case where respondents chose the most confining interpretation of the guideline, possibly another bid for sympathy. The restriction against distribution is clearly meant to address wide dissemination of physical media containing the fan film. The examples raised by the report fall outside the notion of wide dissemination, | ||
| + | |||
| + | <-- | ||
| + | --> 6d: No Advertising-Based Revenue# | ||
| + | --> ' | ||
| + | Respondents found this guideline fair and reasonable. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> 6e: No Merchandising# | ||
| + | Respondents were puzzled by Van Citters' | ||
| + | **ANALYSIS** By focusing on perks and crowdfunding only, the report again misses the entire reason why the guidelines were created. Van Citters of CBS explained: \\ \\ | ||
| + | > For many years we used a simple guideline, CBS and Paramount in cooperation on this, which is, a Star Trek fan film is <wrap hi>a fan creation that is non-commercial</ | ||
| + | It seems a simple precept that CBS wants fan productions //in no way// to receive direct financial benefits from commercial activities arising out of the use of the studios' | ||
| + | Instead, by focusing solely on the studios' | ||
| + | |||
| + | <-- | ||
| + | --> 6f: No Sales of Sets, Props or Costumes# | ||
| + | --> ' | ||
| + | Respondents found this guideline fair and reasonable. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 7: Family Friendly# | ||
| + | --> Full Text# | ||
| + | The fan production must be family friendly and suitable for public presentation. Videos must not include profanity, nudity, obscenity, pornography, | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | Respondents initially bristled at a guideline they believed "seems to stifle all potential for drama and creativity." | ||
| + | > <wrap lo>The fan production must be family friendly and suitable for public presentation. Although fan productions may depict a limited amount of profanity, obscenity, drugs, alcohol, tobacco, or harmful/ | ||
| + | been historically displayed in the Star Trek franchise. CBS/ | ||
| + | **ANALYSIS** This revision doesn' | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 8: Disclaimer# | ||
| + | --> Full Text# | ||
| + | The fan production must display the following disclaimer in the on-screen credits of the fan productions and on any marketing material including the fan production website or page hosting the fan production: \\ \\ | ||
| + | > 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. No alleged independent rights will be asserted against CBS or Paramount Pictures. \\ | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | Respondents found this guideline acceptable. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 9: No Copyright or Trademark for Production# | ||
| + | --> Full Text# | ||
| + | Creators of fan productions must not seek to register their works, nor any elements of the works, under copyright or trademark law. | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | Respondents found this guideline acceptable. | ||
| + | |||
| + | <-- | ||
| + | <-- | ||
| + | --> Guideline 10: No Implied Association# | ||
| + | --> Full Text# | ||
| + | Fan productions cannot create or imply any association or endorsement by CBS or Paramount Pictures. | ||
| + | |||
| + | <-- | ||
| + | --> ' | ||
| + | Respondents expressed near-universal acceptance of this guideline. | ||
| + | <-- | ||
| + | <-- | ||
| + | \\ | ||
| ===== What is Project Small Access? ===== | ===== What is Project Small Access? ===== | ||
| <WRAP right round important 50%> | <WRAP right round important 50%> | ||
| - | === What is Small Access' | + | === What is Its Connection to Axanar? === |
| [{{ : | [{{ : | ||
| - | <wrap lo> | + | <wrap lo> |
| + | And the administrators of the project' | ||
| </ | </ | ||
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| The report, however, included no evidence to back up this kind of business plan. Even so, it went on to cite as an example Pocket Books' " | The report, however, included no evidence to back up this kind of business plan. Even so, it went on to cite as an example Pocket Books' " | ||
| + | |||
| + | Moreover, according to Axanar producer [[Alec Peters]], CBS and Paramount exhibited no desire to accept such " | ||
| ---- | ---- | ||
| Keywords {{tag> | Keywords {{tag> | ||