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Axanar meets legal resistence from CBS
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<blockquote data-quote="Dannyalcatraz" data-source="post: 6849927" data-attributes="member: 19675"><p>There are all kind of possibilities, here, and one I'd like to point out. The Verve got into a legal squabble with the Rolling Stones over sampling one of their rarer songs without credit for the making of their hit, "Bittersweet Melody". The Stones sued for IP infringement and won- they were awarded a written co-writer credit on on future releases of the song and all profits from the Verve's recording. The Stones and their record company got everything, The Verve and theirs got zip. No other singles were released from that album*, and the band broke up. Lead singer Richard Ashcroft (possibly the others as well) continued to record under different names, but never again reached the success of that single.</p><p></p><p>Similarly, Paramount could indeed settle for something as simple as they get ownership...and shelve it, never to release it. The people behind Axenar get ruined by their debt. There isn't a flood of similar overreach of crowdfunded IP infringement.</p><p></p><p>As for "punishing the fans": part of the reason IP holders are granted such an impressive array of rights is because that allows them to control how the IP is managed. While in all honesty it doesn't always work out that way in practice, IP law <em>theoretically</em> allows the IP owner to exercise quality control over the IP so that the fans are reassured that when they buy "______" IP, it's going to live up to certain standards.** There are no such guarantees with unauthorized fan fiction & hobby products.</p><p></p><p>At the very least, IP law guards against misleading the fans as to the nature of the product. Disney won some..."colorful"...fights against people who used Disney-esque imagery & character names to advertise and produce pornographic movies- the antithesis of their brand identity. Or, to put it another way, just because it is fan fiction doesn't automatically make it good, and, for good reasons and bad, humans improperly prejudge all kinds of things that have similarities to each other- TV shows, movies, cars, and even things like enchiladas.</p><p></p><p>IOW, if a fanfic hobby movie ISN'T good, not only is the maker of the knockoff hurt, the actual IP holder could suffer backlash from the fans. Imagine if Paramount greenlighted a script and produced a movie based on substantially the same general plotline as Axenar (assuming it got released, and panned). A certain number of fans will not see the authorized production simply based on their negative experiences with the fanfic. </p><p></p><p></p><p></p><p></p><p></p><p></p><p></p><p>* in part because that wasn't the only song with uncredited sampling or other forms of plagiarism. I <em>personally</em> contacted both The Verve's and another copyright holder's record company on a second one. Another song was written so as to use substantially re-record a song by Aphrodite's Child- Vangelis's original classic rock band from the 1970s- AGAIN without crediting the original songwriters. IOW, whoever was writing for The Verve wasn't exactly being original.</p><p></p><p>** George Lucas, I'm looking at you.</p></blockquote><p></p>
[QUOTE="Dannyalcatraz, post: 6849927, member: 19675"] There are all kind of possibilities, here, and one I'd like to point out. The Verve got into a legal squabble with the Rolling Stones over sampling one of their rarer songs without credit for the making of their hit, "Bittersweet Melody". The Stones sued for IP infringement and won- they were awarded a written co-writer credit on on future releases of the song and all profits from the Verve's recording. The Stones and their record company got everything, The Verve and theirs got zip. No other singles were released from that album*, and the band broke up. Lead singer Richard Ashcroft (possibly the others as well) continued to record under different names, but never again reached the success of that single. Similarly, Paramount could indeed settle for something as simple as they get ownership...and shelve it, never to release it. The people behind Axenar get ruined by their debt. There isn't a flood of similar overreach of crowdfunded IP infringement. As for "punishing the fans": part of the reason IP holders are granted such an impressive array of rights is because that allows them to control how the IP is managed. While in all honesty it doesn't always work out that way in practice, IP law [i]theoretically[/i] allows the IP owner to exercise quality control over the IP so that the fans are reassured that when they buy "______" IP, it's going to live up to certain standards.** There are no such guarantees with unauthorized fan fiction & hobby products. At the very least, IP law guards against misleading the fans as to the nature of the product. Disney won some..."colorful"...fights against people who used Disney-esque imagery & character names to advertise and produce pornographic movies- the antithesis of their brand identity. Or, to put it another way, just because it is fan fiction doesn't automatically make it good, and, for good reasons and bad, humans improperly prejudge all kinds of things that have similarities to each other- TV shows, movies, cars, and even things like enchiladas. IOW, if a fanfic hobby movie ISN'T good, not only is the maker of the knockoff hurt, the actual IP holder could suffer backlash from the fans. Imagine if Paramount greenlighted a script and produced a movie based on substantially the same general plotline as Axenar (assuming it got released, and panned). A certain number of fans will not see the authorized production simply based on their negative experiences with the fanfic. * in part because that wasn't the only song with uncredited sampling or other forms of plagiarism. I [i]personally[/i] contacted both The Verve's and another copyright holder's record company on a second one. Another song was written so as to use substantially re-record a song by Aphrodite's Child- Vangelis's original classic rock band from the 1970s- AGAIN without crediting the original songwriters. IOW, whoever was writing for The Verve wasn't exactly being original. ** George Lucas, I'm looking at you. [/QUOTE]
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