CBS lays down its rules for Star Trek fan films.
- Thread starter David Jimerson
- Start date
jamedia.uk
Well-known member
I thought it was reasonable considering it is all trademarked and a current and ongoing money generator for them. However I do wonder how this film actually exists http://www.imdb.com/title/tt1977920/ as it either breaks all the rules or has been (and I can't believe it) officially sanctioned.
If you mean their rule #9, it speaks of registration, which is an entirely different thing than copyright attaching at creation. Registration gives you rights to enforce the copyright -- access to federal courts, treble damages, etc., which you don't have unless you register.
As for enforceability, this isn't a contract; it's a set of rules under which CBS is saying it will choose not to sue you for infringement.
There's no reason it can't exist. They might be sued into financial oblivion, though, and perhaps have been. But that doesn't mean the thing can't exist.
combatentropy
Veteran
Does this mean that you can't make your own Star Trek uniform, gun, or other thing that happens to be for sale from CBS? If the official merchandise item exists, then you must use it or nothing?
The plot for my next Star Trek fan film...
- Your ship is trapped in a universe that explodes every 15 minutes.
- It's a world where capitalism has run wild and people are executed for creating their own clothes or devices.
- All work must be charity work but you will be put to death if your charity earns more than $50,000
- It's world where "Leave it to Beaver" has become a fanatical religion and people are executed if caught smoking or drinking alcohol
:nads:
- Your ship is trapped in a universe that explodes every 15 minutes.
- It's a world where capitalism has run wild and people are executed for creating their own clothes or devices.
- All work must be charity work but you will be put to death if your charity earns more than $50,000
- It's world where "Leave it to Beaver" has become a fanatical religion and people are executed if caught smoking or drinking alcohol
:nads:
No, it looks like if you buy them, you have to buy licensed products.
So, this is acceptable:
https://www.amazon.com/Diamond-Select-Toys-Star-Trek/dp/B000GPWNWM?ie=UTF8&*Version*=1&*entries*=0
This is not:
https://www.amazon.com/Star-Trek-Phaser-Prop-Model/dp/B005EFYQQ0?ie=UTF8&*Version*=1&*entries*=0
Cryogenic Filmworks
Veteran
Not a fan of fan films so......
Barry_Green
Moderator
It doesn't say that at all. It says "if" you are using "commercially-available" things, then they have to be legit licensed official product. Nowhere in there does it say you can't make your own stuff, just that that stuff can't be commercially available.
Barry_Green
Moderator
The fan film may enjoy some measure of copyright protection when it's created, or it may not. Generally such a production would be considered a "derivative work", and if the person making that derivative work doesn't have authorization (or a license) to use the underlying work, then -- the odds of the result being a copyrightable work are pretty low, because the creator wouldn't be able to copyright a large portion of the work. According to the US Copyright Office, "In any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such material has been used unlawfully."
So you'd have a case where the creator wouldn't have copyright in their own work in totality, and therefore couldn't do anything with it without violating the rights of the original work's owner. So you might have a case where a filmmaker has some partial copyright, but what good is that going to do him, especially in a situation where the entire "universe" the film is set in, he's not allowed to use? It'd almost be like two fleas arguing over who owns the dog they're riding on -- truth is, neither of them does.
In essence, that's what CBS is saying here. By making a fan film, you will have violated their copyrights, and they're allowing that so long as you don't actually do anything substantial with it, they won't sue you into oblivion. Your fan film exists by their grace, and if you violate their terms, then yes, they can and will destroy you.
Of course, if you go an entirely different way (such as a parody of Star Trek, or a news report about the Star Trek phenomenon) then that's a whole different thing and may fall under 1st Amendment and Fair use provisions. Doesn't mean you won't get sued, just means that there are some existing legal protections and defenses that may be available in that case.
*IANAL. This is just my understanding of the situation.
j1clark@ucsd.edu
Veteran
The statement of conditions for creating a 'star trek' fan film is by definition a 'derivative work' and as such the 'deriver' does not have any copyrights to the work, and only has a limited grant from CBS for that derivative work.
One can do a parody, which is covered by copyright law, but also could get you served with a civil suit. And whether you win or not is dependent on the amount of money you have for legal support...
j1clark@ucsd.edu
Veteran
I see this notice as granting a limited license to create a derivative work. It does mean the fan filmmaker has no copyrights, and must work within the limits of the license.
I think other franchise owners should give similar limited 'fan' licenses.
One could wonder if there was a 'fan film fest', and if 'prize' money would be considered a violation of the limited license... Obviously a fan film created under this license could not be entered into ordinary film fests, as the producers really don't own the work.
It's not, though. It's just "here are the conditions where we'll choose not to sue you. For now."
Barry_Green
Moderator
That's the way I read it too.
Just as an observation, each of their line items seems aimed directly at a specific fan production, and at the group which lets other productions use its bridge set.