Code of Conduct for fan productions?

[Matthew Raymond]

I've noticed a lot of open source projects and standards groups lately have adopted codes of conduct. Specifically, I've noticed a lot of groups using the Contributor Covenant:

https://www.contributor-covenant.org/version/1/4/code-of-conduct.html

Would it be a good idea to adopt a similar covenant for large fan productions, especially those that utilize the help of people across the Internet? Are such codes of conduct even necessary for smaller projects where everyone know each other? Discuss!

 

[CRM-114]

I've noticed a lot of open source projects and standards groups lately have adopted codes of conduct. Specifically, I've noticed a lot of groups using the Contributor Covenant:

https://www.contributor-covenant.org/version/1/4/code-of-conduct.html

Would it be a good idea to adopt a similar covenant for large fan productions, especially those that utilize the help of people across the Internet? Are such codes of conduct even necessary for smaller projects where everyone know each other? Discuss!

Arguably, the CBS guidelines are a code of conduct; anything beyond that, just use your better judgment.

 

[Sgt_G]

Rule #1: Don't try to fund your for-profit studio off someone else's intellectual property.

Rule #2: If you ignore Rule #1 and get caught, don't try to fight it in court.

 

[Mr. Laser Beam]

Arguably, the CBS guidelines are a code of conduct; anything beyond that, just use your better judgment.

Guidelines? I thought they were flat-out rules. Stray beyond them, and CBS comes after you with guns blazing.

 

[thribs]

Discovery must also be under those rules as well since their latest episode was only 15 minutes.

 

[Professor Zoom]

Guidelines? I thought they were flat-out rules. Stray beyond them, and CBS comes after you with guns blazing.

They were guidelines, they MAY come after you if you don't follow them.
I suspect they don't want to call them rules as that might suggest the idea they are in fact, and in a courtroom, consenting to fan films being made, which would chip away at their copyright and control. They do not want to give explicit permission.

 

[Mr. Laser Beam]

I suspect they don't want to call them rules as that might suggest the idea they are in fact, and in a courtroom, consenting to fan films being made, which would chip away at their copyright and control. They do not want to give explicit permission.

I'm not following.

Why would it matter whether fan films are operating under "guidelines" or "rules"? It's all the same in the end.

If CBS bothers to put forth rules/guidelines/whatever the hell they're called, then by definition, they HAVE given permission for fan films to be made. Otherwise they would have said that such films cannot be made at all.

 

[Noname Given]

Discovery must also be under those rules as well since their latest episode was only 15 minutes.

Actually 13 minutes if you take out the beginning and end titles and the promo for the next 'Short Trek'.

 

[MikeH92467]

I'm not following.

Why would it matter whether fan films are operating under "guidelines" or "rules"? It's all the same in the end.

If CBS bothers to put forth rules/guidelines/whatever the hell they're called, then by definition, they HAVE given permission for fan films to be made. Otherwise they would have said that such films cannot be made at all.

They're trying to tread the fine line between protecting their IP and coming acraloss as corporate bullies trying to trample fans who are just having some fun.
The short version is that trademark holders are obligated under law to actively defend their intellectual property lest they lose their protection altogether.
They could just take the easy way and follow the lead of Anne Rice, whose minions will quickly put the kibosh on any kind of fan produced stories, films, videos, cartoons ... anything.

 

[Professor Zoom]

I'm not following.

Why would it matter whether fan films are operating under "guidelines" or "rules"? It's all the same in the end.

If CBS bothers to put forth rules/guidelines/whatever the hell they're called, then by definition, they HAVE given permission for fan films to be made. Otherwise they would have said that such films cannot be made at all.

Not in a court of law. They are threading the needle carefully.

They're trying to tread the fine line between protecting their IP and coming acraloss as corporate bullies trying to trample fans who are just having some fun.
The short version is that trademark holders are obligated under law to actively defend their intellectual property lest they lose their protection altogether.
They could just take the easy way and follow the lead of Anne Rice, whose minions will quickly put the kibosh on any kind of fan produced stories, films, videos, cartoons ... anything.

1. We are talking copyright, which is different than trademark.

2. They aren’t bullies. Lots of fans are still able to have lots of fun.

 

[Mr. Laser Beam]

Not in a court of law. They are threading the needle carefully.

I still don't get it...

 

[Professor Zoom]

I still don't get it...

Ok.

 

[fireproof78]

I still don't get it...

It's simple. Giving out rules is essentially tacit approval of fan films, something that was claimed any way since CBS didn't react until Axanar. CBS issued the guidelines which are "you likely won't get a C&D" if you stay inside these limits. CBS still reserves the right to say "No."

 

[Mr. Laser Beam]

I Giving out rules is essentially tacit approval of fan films

And why is this a problem?

The mere fact that CBS allows fan films is approval.

 

[MikeH92467]

And why is this a problem?

The mere fact that CBS allows fan films is approval.

Go back and read through the first "CBS Sues Axanar" thread for a deeeeep dive into copyright law and trademark infringement. Comments from Our Chief Justice, The Right Honorable Jespah (AKA "Rabid Bat") are especially worth digging through.

 

[Mr. Laser Beam]

Go back and read through the first "CBS Sues Axanar" thread

It takes a special kind of masochist to do that.

 

[fireproof78]

And why is this a problem?

The mere fact that CBS allows fan films is approval.

It's more of a legal definition. CBS does not officially endorse any of the fan productions so the fan productions enjoy no legal protection. The guidelines allow for things that CBS is ok with but can still shut down at any point.

It's a very specific legal aspect that is CBS saying "This is still our property and we still control it. We will not say you won't get sued but if you follow these guidelines then it likely will not occur."

 

[Mr. Laser Beam]

Ah, so it WAS bullshit legalese after all. I thought that might be the case.

Lawyers are the enemy of common sense.

(And no, I'm not talking about Axanar. I totally get why CBS shut that down...)

 

[fireproof78]

Ah, so it WAS bullshit legalese after all. I thought that might be the case.

Lawyers are the enemy of common sense.

(And no, I'm not talking about Axanar. I totally get why CBS shut that down...)

 

[Maurice]

Trademarks must be vigorously enforced because they are "brands". Star Trek is a Trademark, the stories and particulars are not.

Copyrights are selectively enforced. You're not required to pursue violations. You can choose when and where to fire your guns.