when would it be considered crossing the copyright line?

[batboy853]

so i, like many others, have been toying around with the idea of starting an animation based fan film, after seeing how successful aurora trek has been.

but i keep thinking how far are we allowed to go with fan films?
some fan films have copied cannon characters, and some have even redone episodes or have made sequels, and even thrown out scripts from failed shows.

so how far are we allowed to go
are we able to take the next step and take some of the book series, such as Corps of engineers, New Frontier, or even the DS9: relaunch series, and make them into fan films?

we've never really had a clean cut with this issue.

 

[spocksbrain]

Actually, there is a very "clean cut" line with the issue. Before everyone jumps in with their opinions, I'm an IP attorney in real life, so it's not a matter of opinion, what's fair, what should be, it's fact. If you use someone else's characters, plot, story or sometimes even general theme, you are violating their copyright. End of story. New Voyages/Phase II has approval from Paramount or CBS or whoever it is. That's what you need in order to do this. Even if you are making no money, it doesn't matter, it's still copyright infringement without express approval from the copyright owner. Whether they choose to go after you or not is another matter. There is one exception, and that is parody. When MAD magazine does a Star Trek parody, and it's obviously a parody because of the comedic or sarcastic situations or descriptions, they are protected by the first amendment. However, if it's a true "fan film" and not a parody, you're in violation of copyright without express approval.

 

[batboy853]

New Voyages/Phase II has approval from Paramount or CBS or whoever it is.

idk if this is different now,
but new voyages didn't when they started.
and i don't think that they do now.

but what about with the book series
i mean HF has most of its characters from the books, new frontier series,
or the shows

and whats an IP attorney?

 

[spocksbrain]

IP stands for Intellectual Property. Patents, trademarks and copyrights constitute most of our business.

As to your question, the answer is no, no and no. As I said in the first post, you absolutely do NOT have the right to copy any characters, situations, themes, plotlines or anything else. You are violating their copyright. If they choose not to go after you, as they seem to do with fan films, that's one thing, but they could easily have a change of heart and sue everyone who has ever posted a fan film. They don't, I'm assuming, because it's good free advertising and it would be bad publicity to do so, but make no mistake: Without permission, you are infringing their copyright and opening yourself up to legal action.

 

[batboy853]

thanks

so what spocksbrian is saying
according to law
no one can have fan films

so back to my question
how far do you guys think CBS will allow fan films to go?
where will be crossing the line?

 

[Zeppster]

When it's being sold for TV is probably when it crosses the line.

 

[spocksbrain]

I suspect, and this isn't a legal opinion, just my own personal guesswork, that the only times it crosses the line is: a) if you make any money from it (there's a reason New Voyages is free); or b) if you did something really offensive. As to the latter, let's say you made explicit pornography but used the real Star Trek names and costumes and so forth. I would imagine they would shut you down.

 

[Hudson_uk]

Star Wars films can be produced, I believe Lucas gave permission. Not so for Star Trek.

 

[Thalek]

thanks

so what spocksbrian is saying
according to law
no one can have fan films

so back to my question
how far do you guys think CBS will allow fan films to go?
where will be crossing the line?

It appears that you are correct: no one can have fan films. Fortunately, many major corporations have not exercised their rights to their fullest extent.

How far will CBS let fan films go? Even if I were a lawyer for CBS, there's no hard answer because policies change with time. In the early 90s, Paramount went on the attack and eviscerated almost everything that mentioned Star Trek. In the 60s and 70s, you seemingly could print fanzines and actually charge money for them.

Right now, the unofficial guideline is "no money", but who knows if that will change twenty five minutes from now?

But if you really want answers as solid as can be obtained practically, hire an IP lawyer. Most of us here may have private opinions ranging from the highly ignorant to the highly educated, but without that little bit of sheepskin, we cannot offer legal advice. And that is the crux of the matter: you're asking for advice that you intend to base some or all of your future actions on.

Asking us for that kind of advice is a bit like asking a fan of E.R. for their medical opinion on your condition. [grin]

 

[Venardhi]

Star Wars films can be produced, I believe Lucas gave permission. Not so for Star Trek.

Only for parodies.

The Star Wars fan film events(I think they had two, not sure if they did any more after that) don't allow dramatic entries. I used to be involved with a lot of fan film projects back in the day on TFN and that one pissed a lot of people off who had put lots of money, effort and time into their fan-films. To be rejected outright in favor of a slew of parodies and (often very bad) sketch comedy shorts was just insulting.

 

[Hudson_uk]

I sit corrected. Thanks.

 

[Meredith]

Could the Sci-fi channel play fan films or would they have to pay Paramount and somehow the people who made the fan film.

 

[Hudson_uk]

Pretty certain that would need the blessing of Paramount which is unlikely.