I have the impression that you can certainly create your own. You just can't sell them or give them away as perks.
The gist of what Mr. van Citters said was if anyone wants to make their own anything -- yes, indeed, do it!! If a fan film production 'chooses' to purchase ready made items from a business selling them -- they request fan films producers honor the franchise and not purchase from unlicensed or bootleg operated sellers. Use licensed sellers, support 'them'. Support the franchise.
It is a request, like every one of the quidelines. This is not going to be monitored. This is not going to be tracked. This is not a law set down by them. Everyone...everyone... is free to make their own choices on this and every other part of the guidelines.
On the other hand... if for some reason fan films or a fan film catches their eye again by bumping them royally again, poking them with a big stick again.... and fan films in general or that particular film production has not shown good faith in respecting their requested guidelines.....it would be reasonable to think their good will in responding favorably will be diminished. Or, I would suspect, even lost.
(The following is an excerpt transcribed by me (with typos) from that part of the podcast. The bold, underline, ' ', are mine of course to highlight relevant stuff. ALTHOUGH, the bold around Mr. van Citters' statement 'They make their own!' indicates his own vocal emphasis.)
Q:
What about costumes, props, weapons, and things of that nature that one of the guidelines state that if it is available through our licensees licensors then use that one.
Mr. van Citters:
This is definitely an area of big misconception
Q: Avonos makes some incredible costumes but
if somebody wants to make some of their own, what do they do?
Mr. van Citters:
They make their own!
Avonos is a terrific example because this is a company that was started by a couple of fans who did not yet even have an operating business, who did not yet have a license from anybody else, who came to us with a presentation and a plan, and some samples of the quality of work that they felt they could do. And they have created a business out of that. We looked at it and we were like, Yes, let's try this. They came out of fan ranks and they have spent over the years being a licensee tens of thousands of dollars, if not hundreds of thousands of dollars at this point on development for their products.
They make exceptionally good quality that looks screen accurate, that wears well, that is nicely tailored, and you've seen this stuff at conventions. It looks amazing.
So out of support for Star Trek we would 'ask' people that if you are doing a fan film that you not purchase stuff from unlicensed bootleg operators who do not help support official Star Trek and create a climate where we can get more Star Trek. So,
we're 'asking' that if we have stuff commercially available that you 'consider' using that on your projects. We do have great quality stuff available from vendors like Avonos, from QMX, etc. And we would like you to respect that and support their investment into Star Trek and dedication to Star Trek.
Many times their materials are gonna be a perfect fit and a great an accurate shortcut for you...
but we're not looking to inhibit fan creativity, we're not looking to limit what you can do on your episode, like 'Well, they don't have an officially licensed Original Series silver lame environmental suit so whadda I do? I guess I have to cut that from my story.'
Nope. What you have to do then is get somebody that is really talented and can
make one. And that's fine. We're not looking to inhibit that, we're not looking to get rid of the DIY ethic of Star Trek fans. We're 'hoping' that because you made a good one [costume, prop, whatever] you don't turn around and say "Hey, I'll go into business doing that".
When I was a ten, eleven year old kid and I'd see a Star Trek episode with a really cool thing in it then I'd be digging through everything in the house, and go 'Ah here's an old wrapping paper tube. If I take that and this coat hanger and cut out this piece of cardboard and spray paint it silver can I 'make' this thing that I saw on the episode?' And I get that. That's part of the fun of Star Trek that you were talking about the costuming that you see at these conventions. You have people showing up as the Crystalline Entity and that's amazing and that's wonderful and by all means, keep that part of Star Trek going.
We're not trying to inhibit that.
If there is the 'opportunity' to use official merchandise we would 'ask' that the fans help support the franchise that they love so much.