After thorough analysis of CBS's guidelines, our local legal group has concluded that they have no legal force or standing in law. They are merely meant to intimidate the fan production community as a whole, just to preemptively deter the few that may try to intentionally profit commercially from their productions.
The biggest problem CBS has is that any attempt to halt a fan production that is not made for commercial gain is an infringement on the fans' First Amendment right to free speech. In fact, the "15 minute/two part max" section alone is a blatant assault on free-speech rights. Actually, they are admitting you have the right to express yourself, but they will decide how much expressing you can do.
What they are saying there is: "OK, you have the right to talk, but you can only talk for 15 minutes at a time, two times on the same subject, and you can never discuss that subject again." That would be laughed out of court.
It's the job of CBS's legal department to protect their intellectual property from being exploited commercially. They are paid to seek out commercial infringements on that property and deal with them, accordingly. It looks, to us, as though they thought they could quash any and all fan productions with these guidelines, and the accompanying threat to take legal action if the guidelines were not followed.
So now, the CBS lawyers don't have to do all that work of analyzing each and every production to see if they are making a profit. They can relax and take an extra long lunch break now that the "guidelines" have been sent down from the mountain with Moses.
Sorry, CBS. Your lawyers should have to actually earn their paychecks.
I wouldn't be surprised if someone sued CBS for interfering with their right to free speech.
So, go ahead. Produce your fan films. Make them as long as you want, use whatever costumes and props that you want, enlist whatever talent you want. Just don't do it to make a commercial profit. Do it because this is how you want to express yourself, and do it because it is your RIGHT!
The biggest problem CBS has is that any attempt to halt a fan production that is not made for commercial gain is an infringement on the fans' First Amendment right to free speech. In fact, the "15 minute/two part max" section alone is a blatant assault on free-speech rights. Actually, they are admitting you have the right to express yourself, but they will decide how much expressing you can do.
What they are saying there is: "OK, you have the right to talk, but you can only talk for 15 minutes at a time, two times on the same subject, and you can never discuss that subject again." That would be laughed out of court.
It's the job of CBS's legal department to protect their intellectual property from being exploited commercially. They are paid to seek out commercial infringements on that property and deal with them, accordingly. It looks, to us, as though they thought they could quash any and all fan productions with these guidelines, and the accompanying threat to take legal action if the guidelines were not followed.
So now, the CBS lawyers don't have to do all that work of analyzing each and every production to see if they are making a profit. They can relax and take an extra long lunch break now that the "guidelines" have been sent down from the mountain with Moses.
Sorry, CBS. Your lawyers should have to actually earn their paychecks.
I wouldn't be surprised if someone sued CBS for interfering with their right to free speech.
So, go ahead. Produce your fan films. Make them as long as you want, use whatever costumes and props that you want, enlist whatever talent you want. Just don't do it to make a commercial profit. Do it because this is how you want to express yourself, and do it because it is your RIGHT!
