I'm not sure how else to describe people taking something that doesn't belong to them and using it for their own ends.
Like enjoyment and fun? I thought of another word. Sharing.
Suppose I came over to your house for a play date, and your mother has us play in your room since that's where you have your toys spread all over the place. Naturally, there are some toys designed for more than one person to play with at the same time, but many aren't, and we could both be happy by playing alone in the same room with different toys. But suppose for some reason every toy I picked up suddenly became your favorite toy, even though you hadn't played with that toy in weeks or months. Every time I pick one up, you take it away. MINE! Well, I'm not even going to suggest you are doing anything illegal or you aren't within your legal rights. But I would suggest if I picked up a toy, even if you hadn't explicitly told me I could, and even if I hadn't asked, this would not constitute stealing. But what else can you call it when I take something of yours without asking? Maybe what your mother has to say about what's acceptable behavior might come into play (loosely translated as this is copyright law and a civil matter to help regulate civil behavior). And the likely fact you sharing more would probably be good for you, earn you more friends, and make you a better person is beside the point, too (loosely translated as increasing the IP value and exposure).
Of course I'd agree if I hid some of your toys on me and took them home without your knowledge that that would be stealing. But fan film producers aren't doing that - at least not always, and copyright infringement, too, has a line where civil law is left behind and criminal law will then apply - mostly about counterfeiting and copying and distribution. But again, most of the examples we use when discussing fanfilmdom are not crossing that line.
So, yeah, I think civil Sharing is a good term.
But the important thing is that the guidelines didn’t suddenly choke off fan projects. In fact, many productions were already in compliance with most, if not all, of the new guidelines. And those that weren’t were allowed by CBS and Paramount (according to
this podcast interview with John Van Citters of CBS Licensing) to be “grandfathered in” as long as they were already in production when the new guidelines were announced.
I distrust, or trust less such verbal suggestions and would prefer it written out for fanfilmdom (even when it's actually written out, it's still not a promise not to sue). I wonder. If Mr. Pink had a Trek fan project that's 90% in the can but he had to shelf it until he could raise more money for editing equipment, and there were more than a few copyright infringements, but no more than a typical fan film before the guidelines, maybe even less, and he could prove it was on the shelf before the guidelines, do you think CBS/Paramount would grandfather those in, even if he had more than a few of them?
What evidence do you have to make you believe this?
I should restate this, as while I still have no evidence there will be non-uniform application of the guidelines, there are a few people here who apparently believe it. They say things like, you play nice and give CBS/Paramount hugs and kisses and they will treat you better. You're indifferent, they won't. They don't like you, for any reason, perhaps not even related to your project, and they could be a more active hindrance - and do it legally to boot. None of that is proof they will. But I think it shows that more than I think they might apply the guidelines non-uniformly. And I do still wonder if this might create more than the appearance of favoritism at times and prove to be problematic if it's true.
Why on earth would you "fear" that?
I fear if non-uniform treatment is the rule, it will be to the detriment of all fanfilmdom, and could cause needless bitterness between fans who might wish to champion different projects. I guess that's the best answer I can give, for a Troll. Now, if you will excuse me, I have to go and regenerate.
