One thing that Old Media never seems to figure out is that when a show has fans, rabid fans, they want to show their appreciation. Take, oh, say, Star Trek. Fans go nuts over Trek. Duh. So what did Viacom (the parent company of Trek) do when a few years back, fans created websites and used images from the show on the sites?
Viacom threatened them with lawsuits for using copyrighted material.
There is a word for such an action: stupid. Actually, there are lots of words — criminally stupid would be a good combo. Nothing like ticking off your fan base and alienating them! Maybe Viacom forgot why the show made them money.
Anyway, this is why I was shocked to read that the head of CBS (which used to be Viacom in some sort of weird split that always confuses me) said something, y’know, smart. They are going to make a Star Trek environment in Second Life, and actually allow fans to fiddle with it and maybe even use some of it for future Trek-related products.
From Trek Today:
“If somebody spends the time to take 20 clips from ‘CSI Miami,’ I think that’s wonderful,” Moonves told a reporter. “That only makes him more involved with my show and want to come to CBS on Monday night and watch my show. And we’re going to get paid for the clips this guy takes off our air as well. It’s win, win.”
Moonves said that his wife, Julie Chen, was partly responsible for his recognition of the value of audience-repackaged content. “You know what that meant?” he asked. “[The fans] were involved, they were watching, they were having fun with our content.” And it drew in additional audience members.
Duh.
Let me repeat that: DUH.
I’m not in Second Life yet, though I plan to have some sort of presence there soon (Aaron Price from Slacker Astronomy has interviewed astronomers in SL). I may have to pay the Federation a visit when I’m there.
Tip o’ the VISOR to JK and LT at — seriously — Look At His Butt! (NSFW)
February 20th, 2007 at 2:05 pm
Right on!
I’ve been doing second life for a few months now (My SL name is Maxwell Halberd) and I have to say it’s the best way I’ve discovered so far to avoid leaving the house!
February 20th, 2007 at 2:28 pm
Once you get into Second Life you should check out the excellent Star Trek museum that some fans have already created.
February 20th, 2007 at 3:42 pm
Wow, Gorn! The Gorn episode was the very first time I saw Star Trek… I had absolutely no idea what was going on, though Spock looked funny. Which reminds me I’ve haven’t seen the episode since.
Copyright hysteria can become really counter-productive. Nothing’s worse than an angry fan…
February 20th, 2007 at 3:44 pm
Browsing through the vitual communities sampled at Second Life I am reminded of a spooky weird old episode of the original (black & white) Outer Limits titled: “Wolf 359″; in which a recreation of life on a distant planet spontaneously develops a deity worshiped by the microscopic life forms – but in this case, someone has a world devoted to none other than: The Flying Spaghetti Monster!
February 20th, 2007 at 3:53 pm
The mismanagement of the Trek franchise has been one of the worst in television history. We will see if that changes.
February 20th, 2007 at 4:35 pm
Ah Second Life. That reminds me of this site: http://www.getafirstlife.com/
It’s ruined by the title though.
February 20th, 2007 at 4:50 pm
Second Life? Bah. World of Warcraft, thats the ticket!
February 20th, 2007 at 9:31 pm
Rick, I’m stuck in both. At least until my staffing service finds me a microbiology job…
Nothing like unemployment to help further your online life.
February 21st, 2007 at 1:04 am
Viacom does seem to be truly evil. Over the last montha lot of YouTube videos seem to have died, with a notice that Viacom wanted them taken down. Not epidsodes of shows they own, mind you, but things like short clips from topical/live TV. There’s nothing like banning the distribution of things you’re never going to publish anyway!
February 21st, 2007 at 5:00 am
Hey Phil. CBS might have gotten the right idea, but Universal didn’t, as they put out cease-and-desist orders to all the Firefly/Serenity fans who were marketing things (fan made) for the public.
Fortunately I have my baby geese to juggle.:)
February 21st, 2007 at 5:07 am
Chip: Browsing through the vitual communities sampled at Second Life I am reminded of a spooky weird old episode of the original (black & white) Outer Limits titled: “Wolf 359″; in which a recreation of life on a distant planet spontaneously develops a deity worshiped by the microscopic life forms – but in this case, someone has a world devoted to none other than: The Flying Spaghetti Monster!
Going full circle, The Battle of Wolf 359 was a big battle in The Best of Both Worlds in The Next Generation, and was a pivotal part of the backstory to Deep Space Nine. The Wikipedia article on that is also the first google result for “Wolf 359″, ahead of any information on the star itself!
February 21st, 2007 at 5:08 am
Apparently I’ve been under a rock at some point in the recent past: what’s “Second Life”?
Fortunately, Paramount also gets it: they have allowed several fan groups to develop new movies and episodes of the Star Trek universe. Some are good, some not so good, but interesting how many folks from the “real” Trek universe are participating and supporting the fan groups.
February 21st, 2007 at 7:02 am
The usual argument goes like this: “We have to vigorously defend our copyright or it will be taken away from us.” So they have to send C&D letters, because none of them is bright enough to consider something like:
Dear “Saffron”:
We have become aware of your posting of our copyrighted materials on your site mymrsreynolds.com. Please be aware that using these materials without a license from Universal is in violation of copyright laws.
To obtain a license, please fill out and return the following form:
Name:
Website:
I agree that my use of the copyrighted material is at my own expense, and hereby quit claim to any compensation from Universal.
Signed:______________
There, the copyright is being enforced, the company is protected from the website trying to collect for their advertising, everyone is happy.
Is that too much to ask?
February 21st, 2007 at 8:17 am
I was going to say that this is a result of stupid copyright laws rather than stupid copyright holders. But Johnny Vector’s idea seems to get around those laws. Has anything like that ever actually been done? Do the courts agree with it?
February 21st, 2007 at 8:25 am
Did you read the “permitted and proceed” letter that getafirstlife.com received from Linden Labs. It’s pretty funny. I wish more companies took that outlook. It’s a refreshing view. you can see the orginal here: http://www.darrenbarefoot.com/archives/2007/01/my-project-du-jour-getafirstlifecom.html#comment-75509 but I will go aheand and post it down below:
:
:
:
This notice is provided on behalf of Linden Research, Inc. (“Linden Labâ€), the owner of trademark, copyright and other intellectual property rights in and to the “Second Life†product and service offering, including the “eye-in-hand†logo for Second Life and the website maintained at http://secondlife.com/.
It has come to our attention that the website located at http://www.getafirstlife.com/ purports to appropriate certain trade dress and marks associated with Second Life and owned by Linden Lab. That website currently includes a link in the bottom right-hand corner for “Comments or cease and desist letters.â€
As you must be aware, the Copyright Act (Title 17, U.S. Code) contains provisions regarding the doctrine of “fair use†of copyrighted materials (Section 107 of the Act). Although lesser known and lesser recognized by trademark owners, the Lanham Act (Title 15, Chapter 22, U.S. Code) protecting trademarks is also limited by a judicial doctrine of fair use of trademarks. Determining whether or not a particular use constitutes fair use typically involves a multi-factor analysis that is often highly complex and frustratingly indeterminate; however a use constituting parody can be a somewhat simpler analysis, even where such parody involves a fairly extensive use of the original work.
We do not believe that reasonable people would argue as to whether the website located at http://www.getafirstlife.com/ constitutes parody – it clearly is. Linden Lab is well known among its customers and in the general business community as a company with enlightened and well-informed views regarding intellectual property rights, including the fair use doctrine, open source licensing, and other principles that support creativity and self-expression. We know parody when we see it.
Moreover, Linden Lab objects to any implication that it would employ lawyers incapable of distinguishing such obvious parody. Indeed, any competent attorney is well aware that the outcome of sending a cease-and-desist letter regarding a parody is only to draw more attention to such parody, and to invite public scorn and ridicule of the humor-impaired legal counsel. Linden Lab is well-known for having strict hiring standards, including a requirement for having a sense of humor, from which our lawyers receive no exception.
In conclusion, your invitation to submit a cease-and-desist letter is hereby rejected.
Notwithstanding the foregoing, it is possible that your use of the modified eye-in-hand logo for Second Life, even as parody, requires license from Linden Lab, especially with respect to your sale of goods with the parody mark at http://www.cafepress.com/getafirstlife/. Linden Lab hereby grants you a nonexclusive, nontransferable, nonsublicenseable, revocable, limited license to use the modified eye-in-hand logo (as displayed on http://www.getafirstlife.com/ as of January 21, 2007) to identify only your goods and/or services that are sold at http://www.cafepress.com/getafirstlife/. This license may be modified, addended, or revoked at any time by Linden Lab in its sole discretion.
Best regards,
Linden Lab
February 21st, 2007 at 9:06 am
If I was running a show, I’d have a “build your own fan site” starter kit on the show’s official web site with logos and suggested CSS files and even some clips recorded especially for the fans.
As for Second Life, Phil, I have two words for you: furry porn.
Be afraid.
February 21st, 2007 at 9:31 am
Johnny Vector, add some bits about “I will not profit from my use of the copyrighted material”, translate it all into legalese, and you just about got it.
February 21st, 2007 at 9:49 am
DennyMo, good point. Woo-hoo, we’re lawyers! Have your people call my people and we’ll start a firm. Joss Whedon can be our first client.
February 21st, 2007 at 10:53 am
Lucasfilm has gotten it for a long time. They make no effort to limit fan-based efforts to make films, etc.
The important distinction is “for profit”. If you are attempting to gain income (even to offset production costs) from your efforts, that is not allowed by copyright. However, making your own fan film and distributing it on your own dime – have at it.
Not sure what the situation is with Universal and Firefly/Serenity. If they are marketing products, that is copyright infringement. If they are distributing for free their own privately funded efforts, that should be okay.
Although I do like the idea of a licensing form that is essentially a statement that no money will change hands over the product.
February 21st, 2007 at 11:03 am
Ford has done the same thing recently. Any part supplier with the name “Ford” or “Mustang” in their name has also received “C&DOWSYA (Cease & Desist Or We’ll Sue Your A**) and send us $10k at your earliest convenience.” (I wish I was joking, but I’m not!)
The negative backlash from Ford fans has been staggering! Ford management’s position right now is “we’re studying the problem and trying to come up with a solution that is fair to everyone.” (paraphrased) Excuse me!? Don’t the lawyers work for you? Order them to stop what they’re doing…which is apparently what CBS did. No wonder Ford is in such trouble.
Kudos to CBS.
February 21st, 2007 at 1:53 pm
“I’m selling Ford parts.”
Uh, no you are not, and don’t ruin our copyright by saying you are.
“I’m selling parts compatible with Ford vehicles.”
Okay.
“I’m selling imitation Ford parts.”
Er, kinda fuzzy there. Might want to clear that up to keep us from suing you.
“I’m selling parts that are every bit like Ford parts but not as expensive.”
Hmmm, gonna have to reject that one. Ford stands for quality. Can’t have you running down our name like that.
See how different wordings can be taken different ways?