Again, it says that they must not seek to register them under copyright or trademark law.
CBS/Paramount sues to stop Axanar 2 - Electric Boogaloo-Fanboys gone WILD-too many hyphens
- Thread starter jespah
- Start date
Why are you trying to copyright a Star Trek fanfilm? Star Trek isn’t yours to copyright.
If you wrote something that you later reused as the basis for a Star Trek fanfilm it doesn’t suddenly dissolve the copyright of the first work.
If you are worried about being sued and copyright it’s really simple: don’t use anything that is copyrighted to someone else. Don’t do anything set in a pre existing universe. Don’t do a Star Trek fanfilm. Easy peasy you won’t get sued if there’s no reason to sue.
Okay, perfect example: I created a new spaceship design, a "space truck", complete with internal deck plans. Sure, the thing isn't a whole lot bigger than the NASA space shuttle, and kind of looks like wingless version there of. Still, it's a spaceship. I made it, so I can put my copyright notice on it.
However, because I used elements of Star Trek (e.g., a warp drive engine) in the design, it became a derivative work that falls under CBS/Paramount's copyright. I also included game data for Star Fleet Battles, and thus it's a derivative of Amarillo Design Bureau's copyright (they hold license from Franz Joseph/CBS/Paramount).
I sent the files to ADB, and they said they can use it, but only if they publish it under their copyright notice. I happily agreed to that as long as I got the "Created By" credit when it's published.
Had I refused and attempted to publish it under my own copyright, coud have taken legal action against me for the game-data parts, and they and/or Franz Joseph/CBS/Paramount could have taken legal action for the Trek parts. Would they? ADB might have had their lawyer send me a letter, and I would have lost a good friend over something silly. CBS probably wouldn't have noticed, nor cared even if they did see it.
Obviously, I could take out all the Trek / SFB stuff and make is a generic sci-fi space truck, and I'd be free to do what I want with it. All copyright elements would be mine; nothing derivative to worry about.
However, because I used elements of Star Trek (e.g., a warp drive engine) in the design, it became a derivative work that falls under CBS/Paramount's copyright. I also included game data for Star Fleet Battles, and thus it's a derivative of Amarillo Design Bureau's copyright (they hold license from Franz Joseph/CBS/Paramount).
I sent the files to ADB, and they said they can use it, but only if they publish it under their copyright notice. I happily agreed to that as long as I got the "Created By" credit when it's published.
Had I refused and attempted to publish it under my own copyright, coud have taken legal action against me for the game-data parts, and they and/or Franz Joseph/CBS/Paramount could have taken legal action for the Trek parts. Would they? ADB might have had their lawyer send me a letter, and I would have lost a good friend over something silly. CBS probably wouldn't have noticed, nor cared even if they did see it.
Obviously, I could take out all the Trek / SFB stuff and make is a generic sci-fi space truck, and I'd be free to do what I want with it. All copyright elements would be mine; nothing derivative to worry about.
It gets interesting when something which could exist wholly independently becomes a part of the mix. So maybe you write up a lovely Trek fan film based in, I dunno, the VOY era/timeline/locations and everything screams Voyager except a wholly original character of yours who exists independently but just so happens to be in the fan film.
Derivative, or not? So let's call your original character Jane Doe. Jane is a scientist on the ship? Derivative. Jane is a scientist on a canon planet? Probably derivative. Jane is a scientist on an original planet? Maybe derivative, maybe not, same thing with the planet.
But what if Jane is just mentioned in passing, in some unrelated fashion? E. g. did you know the inventor of the hoozydinga (an original item created by you) was Jane Doe? Jane Doe was an art teacher in Venezuela in 1982. Jane Doe had a hit single and the lyrics are....
Derivative, or not?
Hence we have juries, folks. If anything could knock down a part of the Guidelines, something like that might.
Derivative, or not? So let's call your original character Jane Doe. Jane is a scientist on the ship? Derivative. Jane is a scientist on a canon planet? Probably derivative. Jane is a scientist on an original planet? Maybe derivative, maybe not, same thing with the planet.
But what if Jane is just mentioned in passing, in some unrelated fashion? E. g. did you know the inventor of the hoozydinga (an original item created by you) was Jane Doe? Jane Doe was an art teacher in Venezuela in 1982. Jane Doe had a hit single and the lyrics are....
Derivative, or not?
Hence we have juries, folks. If anything could knock down a part of the Guidelines, something like that might.
Exactly. When John Q Writer's universe enters the Star Trek universe, can it ever go home again?
We are at a time when streaming web platforms are paying for entertainment content.
Some of these Star Trek fan film studios could have considered pulling back on the Star Trek theme and going original. easier said than done, I know but Marshawn Lynch's "no script" inked a multimillion-dollar deal with Facebook to do a reality show. You have a cameraman following this big guy around while he's taking tricycle lessons.
Once money's involved, old norms become tested.
We are at a time when streaming web platforms are paying for entertainment content.
Some of these Star Trek fan film studios could have considered pulling back on the Star Trek theme and going original. easier said than done, I know but Marshawn Lynch's "no script" inked a multimillion-dollar deal with Facebook to do a reality show. You have a cameraman following this big guy around while he's taking tricycle lessons.
Once money's involved, old norms become tested.
What old norms, regarding copyright, are being tested? I guess AP tested old norms of copyright, and lost. But that sort of reaffirmed the strength of those old norms, no?
Guideline 5:
The fan production must be a real “fan” production, i.e., creators, actors and all other participants must be amateurs, cannot be compensated for their services, and cannot be currently or previously employed on any Star Trek series, films, production of DVDs or with any of CBS or Paramount Pictures’licensees.
IE: You're ALSO not allowed to use industry professionals...PERIOD. Thus IF you are trying to register a script with the WGA, you are a MEMBER of the WGA; and thus an 'Industry professional'; ergo, you SHOULDN'T BE CREATING A SCRIPT FOR A FAN FILM as it violates said guidline.
From the WGAW FAQ [https://www.wgawregistry.org/regfaqs.html#quest30]
Do I have to be a member of the Guild to register my material with the WGAW Registry?
No. You can register material with the WGAW Registry regardless of whether you are a member or not. Questions concerning the rules for admission to membership in the Guild should be referred to the WGAW's Membership department at (###) ###-#### [tel. no. redacted - CC]. Or click here for more information: Join the Guild.
No. You can register material with the WGAW Registry regardless of whether you are a member or not. Questions concerning the rules for admission to membership in the Guild should be referred to the WGAW's Membership department at (###) ###-#### [tel. no. redacted - CC]. Or click here for more information: Join the Guild.
The WGA is still a professional organization. IF you're submitting a script to them, it's assumed you're doing it for professional reasons, and you're not really just doing it 'as a fan'.
No. Amateur means unpaid. There is no professional status implied of a non-guild member who simply forks over the registration fee. The test for whether a person is an amateur or professional is whether they have been paid for their work.
I've been in manufacturing for 4 decades so I don't know much about copyright but I have seen patent fights and normally the multi billion dollar corporation always outlasts the little family business patent or not.
I don't see AP vs CBS as a test of copyright so much as a foregone conclusion. What content, plot or character did AP create?
If a guy off the street walked into Hewlett-Packard, tossed his feet on the desk and claimed the right to use their resources for his personal gain and the court said nope. Would that be a real test of corporate ownership?
Perhaps if that street person was Michael Dell the battle would go a few rounds.
Thank you. Although you don't have to be a card carrying WGA or WGAW member to use their service.
I think the firm that took it on as pro bono might have seen it as such. If AP had won on a Fair Use Argument, I think it would've weakened copyright.
But, to answer your question, what content, plot or character did he create? Well, content wise, he wrote a film. He created that. Plot isn't copyrightable, just like an idea. It's the execution of plot. What characters did he create? All the ones that were in the script that he didn't borrow from Star Trek.
But, they are all based in Star Trek. They are all derivatives of property he didn't have a right to use.
If he had solely created a space opera without any Star Trek content, he would be fine. He wouldn't been able to raise a dime.
1. That analogy doesn't make any sense, on the face of it, as AP didn't walk into Paramount and claim ownership of the company.
2. Your analogy might make more sense if that person off the street was taking HP technology, then tried to sell it and claiming Fair Use. Then, you might be on to something with your analogy.
They didn't say 'amateur' - they said 'fan'. Again, the WGA is a professional organization. If you are registering a work with them it's for professional purposes such as possible future arbitration under WGA rules, etc. In other words you are protecting it and claiming rights to aspects of it.
As for: "No. Amateur means unpaid...." - many a professional internship program across a variety of disciplines would disprove that definition.
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Say what? From https://www.startrek.com/fan-films:
5. The fan production must be a real “fan” production, i.e., creators, actors and all other participants must be amateurs,
I don't even....
Again, you do not need to be a professional to register a work. Aspiring screenwriters are by definition not professionals, yet they use WGA to register their spec scripts all the time.
Again, WGA registration has no implications regarding copyright or trademark registration, and nor does it have implications regarding professional status. Period.
Nice selective quoting there my friend.
re the WGA
You don't have to to be a member to register a script, you just have to pay the fee, but registration is primarily intended to protect guild members or potential guild members and production companies that are WGA signatories.
Registering a fanfilm script is basically pointless, unless you fear a WGA signatory is going to steal the story and eliminate all the Star Trek characters and elements and make their own film out of it.
The main point of registering a script is two-fold:
Becoming a WGA member is one of those Catch-22 things.
You don't have to to be a member to register a script, you just have to pay the fee, but registration is primarily intended to protect guild members or potential guild members and production companies that are WGA signatories.
Registering a fanfilm script is basically pointless, unless you fear a WGA signatory is going to steal the story and eliminate all the Star Trek characters and elements and make their own film out of it.
The main point of registering a script is two-fold:
- Proof that your script existed at a particular date, to
- provide evidence if your script was copied or adapted by some unscrupulous producer sans your permission or payment
- have a version etched in stone—so to speak—so if WGA arbitration is required (for WGA members only) this can be used to demonstrate your authorship claims
- Sometimes necessary to prove you created said script (assuming you didn't steal it and register it as your own) in the event a production company or whatnot wants proof that you created it before signing a deal
Becoming a WGA member is one of those Catch-22 things.
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I hear all the time and it's probably true for most of us but AP is one hell of a promoter, I'll give him that.
CBS is well in their rights to create whatever guidelines they wish. I never thought that rule number nine was in their best interest.
You end up with a hundred plus people who write, create concepts, twenty or so of these concepts are put on film and displayed to the public, a few pretty good. It might benefit them more to have stronger track of concept creation.
I understand about copyright protecting the script but what protects the concept?
"Journey to the center of the earth"
"US President from planet Nine"
"I married a Zeta"
In my humble opinion concepts are a great deal more important than scripts. I'm not sure why I see so many concepts copied.
I'm not trying to rabble rouse the issue.
I'll probably sit down and get back to writing this winter after a few years off.
I work around a wonderful fan film studio with great people that I could continue with or attempt something else.
All of the stuff in the guidelines about registration, using professionals, fundraising, etc. are directly related to AP's shenanigans.
He talked about creating his own Trek franchise. He hired Trek actors, one specifically to reprise his role from Enterprise. He raised, by some estimates, close to $2,000,000 to produce a film on the back of CBS & Paramount IP, then wasted it. He was told by CBS reps that they would not sanction his activities, but he persisted. Then he was sued, and by settling gave a tacit admission of guilt.
So to answer the question of registering a work based on and including the Trek universe, no. Just no. If you want to own a copyright or a trademark on a story or characters, be creative and invent new stuff.
He talked about creating his own Trek franchise. He hired Trek actors, one specifically to reprise his role from Enterprise. He raised, by some estimates, close to $2,000,000 to produce a film on the back of CBS & Paramount IP, then wasted it. He was told by CBS reps that they would not sanction his activities, but he persisted. Then he was sued, and by settling gave a tacit admission of guilt.
So to answer the question of registering a work based on and including the Trek universe, no. Just no. If you want to own a copyright or a trademark on a story or characters, be creative and invent new stuff.