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

[KennyB]

After thorough analysis of CBS's guidelines, our local legal group has concluded.............

Are there any lawyers in this group or just action figures?

 

[Kor]

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!

Bologna.

It's very gracious of CBS to be tolerating fan films, fan fiction, and the like at all.
Legal issues surrounding trademark and copyright have nothing to do with the profitability of the derivative work.

Kor

 

[Maurice]

Hey anonymous poster. How about the names of these legal eagles and a list of relevant cases they've won.

The crickets will be chirping until then.

 

[Relayer1]

I find the phrase 'What a pile of bollocks' springs to mind.

 

[TribbleTrouble1]

Just for giggles, it should be noted that the defendants in the Axanar suit tried a variation of that First Amendment argument (prior restraint) in their Motion to Dismiss. Both the plaintiffs and the judge laughed it out of court. Just sayin.'

 

[urbandefault]

Yeah, court documents are as close as you can get to "etched in stone." I'd suggest the OP read up.

 

[Noname Given]

Hey anonymous poster. How about the names of these legal eagles and a list of relevant cases they've won.

The crickets will be chirping until then.

I have a feeling that if full disclosure is given they'd be listed as: "Legal Group (By Training)"

 

[Maurice]

<sniff sniff> Does anyone else smell socks?

 

[MikeH92467]

Yeah, court documents are as close as you can get to "etched in stone." I'd suggest the OP read up.

I"m sure they know that. I'm guessing they're hoping no one else has or will.

 

[Potemkin_Prod]

I have never been bullied by Paramount or CBS. I'm grateful they let us make our modest fan films for our enjoyment and for our kind viewers and supporters.

 

[Jam3s1701]

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.

Your fan films are not crap... and anyone who says that needs a slap.

 

[Jam3s1701]

I have never been bullied by Paramount or CBS. I'm grateful they let us make our modest fan films for our enjoyment and for our kind viewers and supporters.

That's because you're not a douche and not out to screw anyone over.

 

[Spock Guy]

I have never been bullied by Paramount or CBS. I'm grateful they let us make our modest fan films for our enjoyment and for our kind viewers and supporters.

And that is the spirit which embodies what fan films should be all about: Fans doing what they do for the love of it.

As an original Trekkie growing up in the '60s and '70s, I was always in the middle of something Trek related. Whether it was my older brothers working with Ed M. on props, models and costumes, or my mother working with her friend Shirley M. on the Welcommittee, I knew that what they were doing was because they were fans of something special, and they wanted to share their love for Star Trek with others. And they did it without expecting any great, financial reward for their efforts.

The CBS guidelines are just ridiculously restrictive. I think they realize that and they may be trying to pull back, somewhat, with the upcoming film academy in Ticonderoga. And CBS has to realize that Star Trek wouldn't be what it is today if it wasn't for its fans.

 

[feek61]

Nice (attempt at) deflection!

I like everyone else here want to hear more about your law group and how they came to the conclusions that you stated.

 

[MikeH92467]

Nice (attempt at) deflection!

I like everyone else here want to hear more about your law group and how they came to the conclusions that you stated.

Don't hold your breath.

 

[Sgt_G]

Yeah, don't want to turn blue and look like a Smurf. Or a Bolian.

 

[jespah]

Are there any lawyers in this group or just action figures?

Like this?

http://www.oafe.net/yo/art/woscourt1.jpg

 

[Kaltauba47]

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.[/QUOTE

The CBS hate is strong with this one, if you think CBS won't take you court go ahead put you money where you mouth is and break the rules.

 

[Balok's Decoy]

Just for giggles, it should be noted that the defendants in the Axanar suit tried a variation of that First Amendment argument (prior restraint) in their Motion to Dismiss. Both the plaintiffs and the judge laughed it out of court. Just sayin.'

People have very interesting (re: funny) ideas about what freedom of speech means.

 

[Potemkin_Prod]

The CBS guidelines are just ridiculously restrictive.

That's simply untrue. We've done more fan films than anyone since the guidelines came out, and only once has one of our production teams brought anything to me critical of the guideline. I told them to tighten the edit, and they did. Worked beautifully.

I'd recommend this and several similar articles to you and your legal team:
https://blog.bufferapp.com/7-examples-of-how-creative-constraints-can-lead-to-amazing-work