You may not like the guidelines, but until and unless the IP owners change their mind, it is moot.
Moot in what context?
- In the context of understanding someone's decision to cancel a fan film? False.
- In the context of learning the community consensus on what restrictions that would find appropriate? False.
- In the context of other franchises considering something similar to the Star Trek Fan Film guidelines? False.
- In the context of understanding the impact of the guidelines on the fan film community? False.
- In the context of CBS/Paramount potentially reevaluating the guidelines at a later date? False.
In think what you really mean to say is that it's moot to discuss the guidelines with
you.
Only they have the moral and legal right, as the owners, have the right to determine the use. There does seem to be an air of entitlement to your arguments.
I've upheld their legal rights on many occasions, and if by entitled you mean that I feel entitled to my opinion, yes I do.
I'm entitled to have the opinion that the Guidelines are a scheme to get the fan community to censor itself, saving CBS/Paramount money on legal fees without actually granting the community any legal protection from lawsuit in exchange for their compliance. The mere existence of the Guidelines proves that they see a benefit to having a fan film community, but they deliberately keep their fans in a state of pseudo-legality to exercise maximum and arbitrary control over them. I am I to be of the opinion that it's moral to condone violation of your own copyrights while reserving the right to sue over those same violations?
However, if you want to talk about entitlement, just look at Guideline #9. It prohibits registering "any elements of the works, under copyright or trademark law", which means if you reuse an original character in a non-Star Trek film, you can't copyright that character or trademark his or her name. And if CBS or Paramount use your characters or story ideas, and you sue for copyright or trademark infringement, they can just counter-sue for violations related to the fan film and force you into a settlement. They keep your copyrights and trademarks and you get nothing.
Now suppose the actor from your fan film wants to reprise the role of your original character in a non-Trek context and receives your permission to do so. If CBS/Paramount have already appropriated your character for their own use, they may already have copyrights and trademarks with which to sue your actor friend for simply reprising the role he helped create.
So, yeah, you were talking about entitlement?
Rebranded I don't see as being a negative. It means the guidelines have encouraged people to make their own original material.
Rebranding can be a positive, but not in all instances. A franchise, and the fan community around it, create certain economies of scale that can't be replicated by a single, independent project. (For instance, off-the-shelf costumes and props, asset sharing, preexisting franchise designs, lore and history to reference, et cetera.) Some of that can be negated if you're working on an ongoing series where you can reuse assets and ideas, but it all depends on what content you were planning to use and how much content you have to replace. Iif you were planning to do a story on something that's intricately tied to Star Trek races and lore, it may not be worth the effort to rebrand, and you may simply cancel the project.
It's not all bad, though. A franchise can be just as limiting as it is empowering, and free of a franchise you can rent out your sets, props and costumes to others without fear.