Fan Film Shut Down by Copyright Law

[Twain]

Not Trek, fortunately, but is this the thin end of the wedge?

"A copyright row means that one of the most ambitious fan films ever made may never be shown before an audience.

Four years in the planning Damnatus, made by German fans of the Warhammer 40,000 game, cost more than 10,000 euros, took months to film, employs 11 principal actors, dozens of extras and sophisticated post-production special effects. Now finished the film runs to 110 minutes.

Nottingham-based Games Workshop created Warhammer 40,000 - a science fiction wargame which revolves around battles fought between factions and races that populate the universe in the 41st century.

Mr Vu said that, despite lengthy negotiations with Games Workshop, the company has refused to give permission for the film to be shown."

http://news.bbc.co.uk/1/hi/technology/7010484.stm

 

[Jim Gamma]

OK... but did they actually go and ask for it to be allowed? 'Cause if they did, then GW are bound to say no, since there's rights that can't be given to GW in this instance.

I don't think this bodes badly for unsanctioned films, it's just if you're trying to get sanctioned, which we already know ain't likely with Trek fan-films.

 

[Rattrap]

Games Workshop is well known for being brutally possessive of their license. Generally, it just depends on the individual organization on how aggressively they want to pursue such an issue.

 

[Noname Given]

Yep - looks like they were trying to get acvtual permission from the copyright holder. Had ANY of the Star TRek Fan Film groups asked CBS/Paramount openly in a similar fashion; CBS/Paramount would have done the same.

It looks like these folks doing that WarHammer film were somehow hoping to make a monetary return on their investment.

 

[johnhazard]

This is a non- issue for Trek fanfilms. Everyone knows Paramount's official attitude, going back to the '70's when folks like myself were making xeroxed Trk fanzines: so long as you don't make any money off your Trek product, they won't come after you.

As for this Warhammer movie- if it's any good, the copyright owners will scare the sh** out of them, then make a deal to profit from the film. If it's bad, or contrary to their own vision of what Warhammer is (whatever that is), then they may just want to crush it, in which case the filmmakers will just leak the film and everyone will see it anyway. Either way, they should have figured this all out before they started making the movie.

 

[CaptJimboJones]

johnhazard said:
This is a non- issue for Trek fanfilms. Everyone knows Paramount's official attitude, going back to the '70's when folks like myself were making xeroxed Trk fanzines: so long as you don't make any money off your Trek product, they won't come after you.

Actually I believe that's an "unofficial" position, sort of a "don't ask, don't tell" when it comes to fan products and making money. But IIRC it's never been written or proclaimed in any official way. And that makes sense, because Paramount's legal department surely wants to retain the right to swoop in and shut down a fan project at any time they deem necessary.

And sorry, but these German Warhammer fans were just idiots if they actually spent that kind of money and put that much work into it without determining in advance whether they would be able to distribute the thing.

 

[Captain Robert April]

Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

Sort of a "if you can't beat 'em, at least lay down some clear borders" solution.

 

[Data Holmes]

Captain Robert April said:
Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

Sort of a "if you can't beat 'em, at least lay down some clear borders" solution.

Paramount ain't stupid... all the time.

 

[Admiral Buzzkill]

Captain Robert April said:
Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

Link?

 

[Ssosmcin]

I dunno, if I were able to create a film which employs 11 principal actors, dozens of extras and sophisticated post-production special effects resulting in a finished film which runs to 110 minutes, I wouldn't have done it around a preexisting property. For exactly the same reason they got squashed. Why take a chance on someone scuttling your project after all that time, money and work?

I think if someone's going to go to all that trouble and effort, they would want to create their own universe. And if it's actually good, think of the publicity. "Amateur SF film with original characters and plotline takes the internet by storm."

 

[CaptJimboJones]

Captain Robert April said:
Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

Sort of a "if you can't beat 'em, at least lay down some clear borders" solution.

Really? I had no idea. That's good news, then.

 

[chardman]

Captain Robert April said:
Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

Sort of a "if you can't beat 'em, at least lay down some clear borders" solution.

I'd really like a link to this info as well, because I've pretty much scoured the New Voyages site from top to bottom, and haven't seen anything there (let alone prominently featured) which pertains to any kind of a licensing agreement in any way whatsoever.

 

[kipron]

Damn, there go my dreams for a self-funded Tetris film.

 

[doubleohfive]

Captain Robert April said:
Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

I was just at their site. I didn't see any such "agreement" listed anywhere "prominently."

Care to point us in the right direction?

 

[Captain Robert April]

I know I saw it somewhere.

I'll do some digging...

 

[IcecreamLtDan]

I have to agree with the comments about GW and their stance on copyrighted material. I am a moderator on the Relic forums who made the DOW PC game, and we see it all the time. I don't think this will have any real affect on ST or other fan films.

 

[Lowly Uhlan]

GW is quickly becoming the Evil Empire of gaming. It's their right to keep tight controls on their IP's but they seem to be downright assholes about it. They pulled all of the 40k mods from Vassal not too long ago, it's not surprising that they went after the fan film too.

 

[Lindley]

doubleohfive said:

Captain Robert April said:
Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

I was just at their site. I didn't see any such "agreement" listed anywhere "prominently."

Care to point us in the right direction?

I did see something to that effect on www.stnv.net (or one of the other mirror sites?), but now that's giving a "Site suspended" message.

 

[Hudson_uk]

Lindley said:

doubleohfive said:

Captain Robert April said:
Paramount has, actually, devised a licensing agreement for fan films and other not-for-profit projects, and it's featured fairly prominently on the New Voyages website.

I was just at their site. I didn't see any such "agreement" listed anywhere "prominently."

Care to point us in the right direction?

I did see something to that effect on www.stnv.net (or one of the other mirror sites?), but now that's giving a "Site suspended" message.

That is where the notice is posted as one of three of the main NV mirrors.

The site is back up, it was down as there was a copyright complaint made against the site, which in fact this notice got back on line almost immmediately.

 

[CaptJimboJones]

Here's the STNV legal notice:

Star Trek New Voyages is under the protection of a Creative Commons License. This means owners of copyright and trademark rights to Star Trek have given permission to New Voyages creators (and others) to distribute episode files for private non-commercial viewing only. However, owners still retain all rights to the Star Trek name, its characters, logos, and other references. These rights are fully protected by Federal and State laws relative to copyrights, trademarks, wordmarks or servicemarks. Under the terms of agreement between owners and New Voyages creators, unauthorized tampering, altering, or creating of derivative works from the episodes, or subsequent uses of any images or audio contained therein for other projects is strictly prohibited and subject to civil and criminal penalties under the law. Also, financial transactions involving a "profit" to creators and/or those who distribute episodes are forbidden.
DO NOT MAKE COPIES AND SELL THEM ... unless the thought of spending time in a Federal or State penetentiary appeals to you. Ownership rights will be strictly enforced. This is a non-profit fan project only.

You can find it here