CBS "Guidelines" Should Be Ignored - Proceed With Your Productions

[Sgt_G]

I always love getting a "Like" from @jespah after I post something of a legal opinion / fact. I'm not a lawyer or law expert and never took any formal college classes in law. I simply read a lot. When someone who is a retired lawyer gives me a "Like" and doesn't post any sort of correction, well, it makes me feel like I actually have half an idea of what I'm talking about.

 

[SuperSpaceMan]

The assumption here is that fan works are protected under the first amendment...

There is no law or case law that supports that fully supports that ascertation.

Anyone assuming that's the case is taking on tremendous risk for liability should the property owners sue and win.

While nonprofit/noncommercial uses of another's IP are often considered in fair use, they are not the only barometer courts apply, and non-profit/noncommercial use has been deemed infringement before.

So while I suspect that the legal advice of your group's counsel (I assume your group is a fan fiction enthusiast group) presents a favorable interpretation of the law for your group and it's members, it's interpretation of the law means jack If neither the statutory law nor case law supports it.

 

[Spock Guy]

Most people allow themselves to be intimidated by bullies. Here, CBS is the bully.

You can only be the victim of a bully if you allow yourself to be one.

We've sued corporations bigger than CBS and won, mostly banks and credit card companies.

You just can't let them intimidated you.

 

[SuperSpaceMan]

Except CBS isn't the bully....

They have only sued one infringer, someone that even the Judge agreed was engaged in commercial activity.

The guidelines are brightlines that establish what they see as purely Fan activity, and which activity moves into commercial activity... it's not that difficult to understand. Those that don't are typically those who tend to disagree with IP law to begin with.

Most people allow themselves to be intimidated by bullies. Here, CBS is the bully.

You can only be the victim of a bully if you allow yourself to be one.

We've sued corporations bigger than CBS and won, mostly banks and credit card companies.

You just can't let them intimidated you.

xcept

 

[KennyB]

Jesus. I'm not intimidated. I'm on their side. They own the damn thing.

 

[Jedi_Master]

Most people allow themselves to be intimidated by bullies. Here, CBS is the bully.

You can only be the victim of a bully if you allow yourself to be one.

We've sued corporations bigger than CBS and won, mostly banks and credit card companies.

You just can't let them intimidated you.

You fill me with confidence.
I'm ready to fight the MAN!!!!

Can you link me to your local lawyer's group website, so they can join me in my quest for justice?

 

[MikeH92467]

You fill me with confidence.
I'm ready to fight the MAN!!!!

Can you link me to your local lawyer's group website, so they can join me in my quest for justice?

I'm sure they will be glad to represent you pro-bono. I'll hold your beer!

 

[Jedi_Master]

I'm sure they will be glad to represent you pro-bono. I'll hold your beer!

I'm a Millennial. Hold my avocado.

 

[UssGlenn]

You know, for all the discussion of copyright, Fan Films only run afoul of the derivative work protection. The thing that they do violate badly is Trademark. Trademark covers things like the Starfleet Delta logo and "Starship Enterprise". And companies are legally obligated to defend their trademark or a court can declare it abandoned and anybody can use it.

 

[USS Intrepid]

Yeah not intimidated or bullied by CBS in the slightest. On the contrary, I am firmly on their side and as someone who makes fanfilms, I'm sick of listening to anonymous internet fanboys posting utter nonsense about this whole mess.

CBS absolutely have my support and my respect. Unlike those who continue to misrepresent this situation and have the gall to call themselves fans.

 

[KirkusOveractus]

Most people allow themselves to be intimidated by bullies. Here, CBS is the bully.

You can only be the victim of a bully if you allow yourself to be one.

We've sued corporations bigger than CBS and won, mostly banks and credit card companies.

You just can't let them intimidated you.

First, what did you sue those banks and credit card companies for and won? Was it for infringement on their images, trademarks, likenesses? That I'd like an answer to, if you could.

Now, for an experiment: go ahead and record a Beatles song to reflect the mood you're in (that way, you can say it's free speech). Now, take that recording and put it online for folks to download and either ask for a small donation or small fee to recover costs for time and posting it online.

Let me know how the current publishing holders to the Beatles' music reacts when you say they're being a bully and you're exercising your right to free speech.

 

[MikeH92467]

Most people allow themselves to be intimidated by bullies. Here, CBS is the bully.

You can only be the victim of a bully if you allow yourself to be one.

We've sued corporations bigger than CBS and won, mostly banks and credit card companies.

You just can't let them intimidated you.

Suing someone because they stole your intellectual property in an effort to make money off of it is not being a bully. I'm not sure how suing banks and credit card companies qualifies you to throw out an opinion like this.

I If you're legit, you will drop the cloak of anonymity and provide details on your background and proof of your claims of successfully suing banks and credit card companies or I will respectfully call "bullshit".

 

[TrekFanProductions]

Ok someone has NOT been paying attention for the last 18months...

Alec Peters tried this and FAILED badly...

Also you may want to read up on the differences between freedom of speech and oh I don't know the LAW.

 

[Mr. Universe]

Most people allow themselves to be intimidated by bullies. Here, CBS is the bully.

You can only be the victim of a bully if you allow yourself to be one.

We've sued corporations bigger than CBS and won, mostly banks and credit card companies.

You just can't let them intimidated you.

You are a fool. CBS and Paramount are just protecting their property as anyone would.

 

[TrekFanProductions]

Yeah not intimidated or bullied by CBS in the slightest. On the contrary, I am firmly on their side and as someone who makes fanfilms, I'm sick of listening to anonymous internet fanboys posting utter nonsense about this whole mess.

CBS absolutely have my support and my respect. Unlike those who continue to misrepresent this situation and have the gall to call themselves fans.

Again Nick hits the nail on the head...

 

[Jam3s1701]

Hey I bring us coffffeeeeee

 

[ozzfloyd]

Oh shut up Alec.

 

[jespah]

First, what did you sue those banks and credit card companies for and won? Was it for infringement on their images, trademarks, likenesses? That I'd like an answer to, if you could.

Now, for an experiment: go ahead and record a Beatles song to reflect the mood you're in (that way, you can say it's free speech). Now, take that recording and put it online for folks to download and either ask for a small donation or small fee to recover costs for time and posting it online.

Let me know how the current publishing holders to the Beatles' music reacts when you say they're being a bully and you're exercising your right to free speech.

Make sure the B-side is a Prince song. Let's Go Crazy would be great!

PS @Sgt_G spot-on (hence the like - now how do we get this site to offer a pie emoticon?).

PPS CBS the bully? As we say in the law, pshaw.

 

[Jam3s1701]

I personally would really!! like to know a few things,

A - WHO you are as sorry but unless you have any! experience with CBS or a company like them then you have no idea what you are talking about and even I can tell you Credit Card and Banking companies are NOT the same!

B - WHO this "legal" group is and if you have or, any actual "lawyers" in this "group" or is this all google foo you are quoting...

 

[USS Intrepid]

And by the way, I will continue making my crappy little fanfilms with whatever change I can find down the back of the sofa, because we can, because CBS are generous enough to let us do so, because they don't have a problem with it, and finally because we enjoy it.

No doubt someone will end up posting trash about how our films are rubbish in response to this. Guess what? I don't care.