Stage 9 gets cease and desist order from CBS

[marsh8472]

I also think their fan film guidelines are a little too strict in some areas. I can understand the part about them wanting fans to put a "unofficial fan production" label in their opening credits, but the rest are a little ridiculous. Like the one about the costumes having to be officially licensed products is a little unfair imo. What if CBS-licensed products just aren't good or don't look that authentic? And I KNOW cbs doesn't just sell Borg costumes in their official store...

It's dumb laws written to encourage innovation.

people who think they know better than lawyers held on retainer by a multi national, multi billion dollar corporation really crzck me up.

1) Profit does not need to be a factor when determining copyright infringement.
2) The fan film guidelines are hardly restrictive and oppressive when you put the Star Wars ones next to them. In fact, it's awesome that they gave out some guidelines at all. It's rather laughable that Alec Peters screamed from the tallest building that he needed guidelines and he's the chief hater of them.
3) Star Trek is owned by CBS and Paramount.
4) There are no constitutional rights broken by this, that chestnut was tried by Alec... and he lost, miserably.
5) Axanar is dead and buried, has been for two years. If it ever actually gets made I'll be shocked.
6) isn't this thread about stage 9?

I've won cases without a lawyer B-) they like to make people think you need them so you'll waste lots of money. People crack me up when they assume lawyers are worth what you think they know. I'm sure they would rather settle before getting into a battle over this. I'd just file a lawsuit for the fun of it.

 

[marsh8472]

Maybe could take the orville approach and change it into a parody of star trek some how, enough to get the feeling of exploring the enterprise but add a bunch of goofy stuff to make into a parody http://lemoinefirm.com/parody-fair-use-or-copyright-infringement/

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[fireproof78]

I would laugh if they ran afoul of Fox after that.

It's as fun as most law suits...

 

[marsh8472]

Maybe could move to another country outside the jurisdiction of the copyright protection. Marshall Islands I think doesn't have copyright laws. They could get an asylum there http://www.unhcr.org/en-us/marshall-islands.html

 

[Jinn]

Maybe could move to another country outside the jurisdiction of the copyright protection. Marshall Islands I think doesn't have copyright laws. They could get an asylum there http://www.unhcr.org/en-us/marshall-islands.html

That seems like a bit of an.... extreme solution...

 

[Tuskin38]

Maybe could move to another country outside the jurisdiction of the copyright protection. Marshall Islands I think doesn't have copyright laws. They could get an asylum there http://www.unhcr.org/en-us/marshall-islands.html

No

 

[fireproof78]

Maybe could move to another country outside the jurisdiction of the copyright protection. Marshall Islands I think doesn't have copyright laws. They could get an asylum there http://www.unhcr.org/en-us/marshall-islands.html

A bit of an odd reaction to fighting copyright law don't you think?

 

[Professor Zoom]

This is so sad. CBS wants to supress the creative talents of Star Trek's devoted fans. To quote the Kazon, they have made enemies today...

I propose that we get as many fans as possible to band together and make as many fan films as we possibly can all at once, if possible. The length or content won't matter, as long as there are a lot of them, and if they break their so-called fan film "guidelines," so much the better. It would be a coordinated effort of sticking it to CBS. They will have so many cease and desist orders to file that they just won't bother. There's more of us than the CBS suits think.

It's a complicated plan, and yes, it sounds naive, but it may work if hundreds of us participate. We can avenge Axanar and others!

Cease and desist orders aren't filed, they are sent.
Law suits are filed. Law suits that you would surely lose... And copyright violations come with statutory fines... so... this is a tremendously bad idea. But, good luck with it.

I also think their fan film guidelines are a little too strict in some areas. I can understand the part about them wanting fans to put a "unofficial fan production" label in their opening credits, but the rest are a little ridiculous. Like the one about the costumes having to be officially licensed products is a little unfair imo. What if CBS-licensed products just aren't good or don't look that authentic? And I KNOW cbs doesn't just sell Borg costumes in their official store...

They are not saying they HAVE to be licensed products, they are saying DON'T purchase UNlicsensed products. Ie, don't buy from people who are stealing IP that doesn't belong to them. CBS won't care if you make the costumes yourself. They don't want unlicensed 3rd parties profiting.

https://abovethelaw.com/2017/08/the-first-amendment-and-copyright-law-cant-we-all-just-get-along/ you could file lawsuit and say they're violating your first amendment rights and your property rights. It's a form of art that went overboard but you and your team were expressing yourself.

https://libguides.bc.edu/copyright/fairuse

It sounds like you're good for points 1 and 2 since you're not profiting from it and it's like fan art. The 3rd point you could argue that a lot of dimensions of the rooms were just made up yourselves with your imagination and didn't actually copy them and i'm assuming the surfacing of the objects was done by fans too so shouldn't be a problem there. For the 4th point you argue that it helps increase the popularity of the show and is actually having a positive effect on their products. Then can look up court cases that support your position. Plus it's your website and your digital property. So the government is trying to tell you what to do with your own property which you could fight also.

Doesn't matter if they are profiting or not, if what they are doing is taking profit AWAY from the copyright owner. Essentially, giving something away for free damages the market.

So, again, making a profit or not, doesn't protect you from copyright infringement.

 

[Flowrellik]

Either way, I find it rather sad CBS of all companies are that desperate to shut down a FAN GAME that's FREE. I guess it's all about money in the end...

 

[marsh8472]

 

[fireproof78]

Either way, I find it rather sad CBS of all companies are that desperate to shut down a FAN GAME that's FREE. I guess it's all about money in the end...

Once bitten twice shy as it were.

Also, unlike fan films, fan games and the like are uncharted territory which CBS will need to demonstrate a willingness to protect or risk real contracts.

Yes, it is about money. It's their property after all.

 

[Squiggy]

Either way, I find it rather sad CBS of all companies are that desperate to shut down a FAN GAME that's FREE. I guess it's all about money in the end...

Well, yes. They're a company not a charity.

 

[urbandefault]

Copyright infringement has nothing to do with free speech. Zilch, zip, zero, nada.

 

[marsh8472]

Copyright infringement has nothing to do with free speech. Zilch, zip, zero, nada.

Wrong there.

https://www.freedomforuminstitute.org/2004/08/05/copyright-the-first-amendment/

https://abovethelaw.com/2017/08/the-first-amendment-and-copyright-law-cant-we-all-just-get-along/

 

[olysounder89]

This makes me wonder how the voyager project is going that other guy was working on, i think he has taken down all his videos down just to be safe.

The Voyager project? Sounds intriguing.

 

[Jinn]

If I upload The Wrath of Khan on YouTube and CBS takes it down, does it take away my free speech?

 

[marsh8472]

If I upload The Wrath of Khan on YouTube and CBS takes it down, does it take away my free speech?

Actually youtube takes it down at CBS's request. Because youtube owns the server they have a right to control whatever content on their site they wish.

 

[Jinn]

Actually youtube takes it down at CBS's request. Because youtube owns the server they have a right to control whatever content on their site they wish.

So, is YouTube taking away my free speech then?

 

[fireproof78]

So, is YouTube taking away my free speech then?

Yes, they are.

And CBS doesn't have to make the request. Any one can request it be taken down for copyright violation.

 

[marsh8472]

So, is YouTube taking away my free speech then?

Yes but they're allowed to do it because of the 5th amendment: "nor shall private property be taken for public use without just compensation" Because you're talking about youtube taking action against you on their own property it's like someone is legally allowed to kick you out of their own home . It's a separate question from the stage 9 issue because you don't own youtube.com. Stage 9 made 3D artwork and not copied verbatim and posted it on the website that they own.