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— | guidelines_timeline [2016/06/17 05:01] – [The Public Interest] edit for clarity Carlos Pedraza | ||
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+ | ====== The Public Interest Behind Private Guidelines Talks ====== | ||
+ | <WRAP left box 35%> | ||
+ | {{ : | ||
+ | <wrap lo>By [[user> | ||
+ | **AxaMonitor** editor \\ | ||
+ | June 2, 2016</ | ||
+ | </ | ||
+ | |||
+ | **AxaMonitor**' | ||
+ | {{TOC}} | ||
+ | The questions many are asking are valid ones, given that the names of fan producers were disclosed, and this added to the controversy over Peters' | ||
+ | |||
+ | Peters and [[http:// | ||
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+ | The uncomfortable reality Peters won't face is that many of the people he was trying to rally behind his negotiation effort have a problem with that effort, as they (and still other fan productions) [[guidelines_backlash|loudly proclaimed]] this week. | ||
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+ | <WRAP right box 50%> | ||
+ | // | ||
+ | </ | ||
+ | |||
+ | Consequently, | ||
+ | * [[# | ||
+ | * [[#Vested Interest]] | ||
+ | * [[#Private Interests]] | ||
+ | * [[#The Public Interest]] | ||
+ | |||
+ | ===== Anonymity ===== | ||
+ | |||
+ | I tread carefully when deciding whether to publish confidential information, | ||
+ | |||
+ | Among the news media I have worked for as a reporter is The Associated Press, the world' | ||
+ | |||
+ | > Transparency is critical to our credibility with the public. … Whenever possible, we pursue information on the record. When a newsmaker insists on background or off-the-record ground rules, we must adhere to a strict set of guidelines. … Under AP's rules, material from anonymous sources may be used only if: \\ \\ 1. The material is information and not opinion or speculation, | ||
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+ | These guidelines, clearly in the public interest as I describe below, would likely never have come out, except as a finished product to be used by Peters to pursue settling a multimillion-dollar lawsuit, bolstered with proposed guidelines carrying the imprimatur of the fan film community. | ||
+ | |||
+ | [{{ :: | ||
+ | |||
+ | ===== Vested Interest ===== | ||
+ | |||
+ | Alec Peters portrayed his draft guidelines as something for the good of all Star Trek fan films, yet the challenge he faces up front are the terms under which to settle the lawsuit brought against him by CBS and Paramount. These are terms by which he and his company have a direct financial interest in the outcome of pending litigation. | ||
+ | |||
+ | As a journalist, screenwriter and former fan film producer (//Star Trek: New Voyages//, //Star Trek: Hidden Frontier// | ||
+ | |||
+ | ===== Private Interests ===== | ||
+ | |||
+ | But why reveal the names of the productions involved in Peters' | ||
+ | |||
+ | "Why would you ever post anything from Alec without asking the productions themselves?" | ||
+ | |||
+ | I wasn't interested in naming names because their identities weren' | ||
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+ | <WRAP right box 50%> | ||
+ | // | ||
+ | </ | ||
+ | |||
+ | Ahead of my publication, | ||
+ | |||
+ | To Axanar supporters, **AxaMonitor** ruined whatever chance fan films had to have their voices heard by CBS and Paramount — so long as the anointed messenger was Alec Peters. In reality, according to sources connected with CBS, the studio was already well aware of Peters' | ||
+ | |||
+ | More importantly, | ||
+ | ===== The Public Interest ===== | ||
+ | |||
+ | The ramifications of whatever guidelines CBS or Paramount eventually impose of fan films will extend far beyond Star Trek. In the continuing absence of any case law regarding whether fan works fall under the fair use provisions of copyright law, these guidelines may be the only template any other copyright holder may use to justify how they deal with fan works. | ||
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+ | " | ||
+ | |||
+ | [{{ :: | ||
+ | ==== Other Fans' Interests ==== | ||
+ | |||
+ | "CBS is well aware that other forms of participatory fandom exist, such as fan fiction and fan art, all of which have been tolerated along with fan films until now," she said. "The guidelines they design will likely include language that extends to fan fiction, fan art, and other types of fan production." | ||
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+ | > In the unlikely event that the language of the guidelines only applies to fan films, they still set a precedent for dealing with fan works and can be used as a template for regulating all forms of Star Trek fan production. | ||
+ | |||
+ | ==== Beyond Star Trek ==== | ||
+ | |||
+ | Gilkeson further points out that such issues aren’t limited to just CBS and Star Trek: | ||
+ | |||
+ | > Other fandoms have occasionally tangled with their IP owners in the past — Lucasfilm targeted fanzines in the 80s, and within the last decade Warner Brothers tried to shut down a Harry Potter fan site run by a 15-year-old girl. In both these cases and others, IP owners have eventually backed down for various reasons. In some cases, they decided that legal costs outweighed the “damage” they perceived from the fan works. In others, IP owners were aware that taking action against a fan would appear disproportionately heavy-handed in a climate where fan productions are generally tolerated. In any case, CBS’s guidelines also set a precedent for other IP owners, as they will now have a template for dealing with their own fandoms. | ||
+ | |||
+ | ==== Open Forums ==== | ||
+ | |||
+ | Consequently, | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |