Could you redirect us to the fact? I would like to read from the source of your claim. It will be usefull to read it for the other fans from the source itself and not just a guy who claim it (no disrespect)
Hi Scote, that's a great thing to ask for. It's always prudent to make sure you're covered, whether you are embarking on a fan film or not.
If you are not already versed with
US/International Copyright Law, it's worth your while to study. For fan projects, it's virtually a necessity, since (under the strictest legal definition)
every fan project- whether it be cosplay, replica props, fiction or films- is a violation of copyright.
Unfortunately, as is always the case with legislation in the United States, it is extremely difficult ( and a cynical man might say that this was by design) to point at a specific passage of Copyright Law and say "Here! It says my project is protected
right here!"
This is because- and this should not be a surprise- Copyright Law was designed to protect the entities that
hold the copyrights, not fans.
So, where does this leave the proverbial "little guy" who has an idea for a fan film that he feels people would like, but can't make it happen without rallying the troops?
Rather than bog the thread down with heaping mounds of legalese, I'll be as succinct as I can be on such an involved subject. First, here's a
comprehensive breakdown of how copyright and fair use relates to producers.
Then, check out SWTheory's videos detailing his travails with the Mouse/WarnerChapell:
-Part 1-
-Part 2-
-Part 3-
This all came as quite a surprise to the fan film scene. Many felt/feel that Lucasfilm's announcement was the beginning of a new golden age of fan content, while others took the more cynical view that WDS had only conceded to a "tactical retreat" because they had realized in the wake of TLJ that is was financially unwise to antagonize the fans further.
While Lucasfilm's intervention on his (and by extension, the community's) behalf did not result in a black-and-white amendment to the DMCA or Copyright Law writ large, it did set a valuable precedent for SW fan films. The Mouse has (for the time being, anyway) tacitly agreed to sit back and take some of the pressure off, provided that future fan projects abide by the unofficial guidelines mentioned before.
In the year since, we've seen some really phenomenal SW fan films result, many of which have taken full advantage of crowd funding as a resource. The most notable examples are from actor/producer Jamie Costa, who has raised nearly $50,000 for his SW fan films through crowd funding.
Now, many folks will point to the debacle surrounding "Star Trek: Axanar" and the stringent regulations that the Trek fan community finds itself under as the natural conclusion of such "guidelines" from WDS. Still others might bring up the controversy surrounding "Power/Rangers" as proof that fan films are ultimately little more than exercises in futility.
Those are extreme examples, however. Both films were produced by industry professionals on very large budgets ("Axanar"'s was over one million dollars) with A and B-list talent, and were produced with the express intention of showing the copyright holders "how it
should be done."
Naturally, CBS and Saban had them shut down. We can debate whether or not said shutdowns were "necessary" until the cows come home, but from a legal standpoint they were entirely above board. While copyright law is a bit more nebulous when small, amateur productions are involved, things are a bit more clear-cut when a "rogue studio" has "hijacked" an IP.
Now, whether "Axanar" and "Power/Rangers" were expressly intended to be
competition for the IP holder's official content is up for debate, but they certainly were intended to
upstage the official content. From a financial/legal standpoint, that was grounds enough to have them shut down.
Now, there are many people out there who justifiably feel that fan films are foolish endeavors because the IP holder will inevitably crack down on them. And who knows, maybe they are right? The Mouse has backpedaled before, they may do it again. That is their prerogative as the copyright holder. And I know whereof I speak... way back when they first took possession of the IP, they nuked both parts of my "Star Wars Voice Reel" at the height of its popularity, XD.
There's no iron-clad defense against a fan project getting the ax. What I
do know is that if fans lived in fear of repudiation from some "official" source, there would be no Rebel Legion, no 501st... and this forum wouldn't exist.
We do/make things for the love of the lore and what it means to us. Sometimes they work out, sometimes they don't... but we keep trying
