Official guidance from CBS/Paramount for makers of Star Trek fan films
What follows is copied from the official Star Trek website, with my own emphasis and annotations added.
CBS and Paramount Pictures are big believers in reasonable fan fiction and fan creativity, and, in particular, want amateur fan filmmakers to showcase their passion for Star Trek. Therefore, CBS and Paramount Pictures will not object to, or take legal action against, Star Trek fan productions that are non-professional and amateur and meet the following guidelines.
Guidelines for Avoiding Objections:
1. The fan production must be less than 15 minutes for a single self-contained story, or no more than 2 segments, episodes or parts, not to exceed 30 minutes total, with no additional seasons, episodes, parts, sequels or remakes.
In other words, think small. You’re not even allowed to produce anything the length of a Star Trek episode, let alone a feature film.
2. The title of the fan production or any parts cannot include the name “Star Trek.” However, the title must contain a subtitle with the phrase: “A STAR TREK FAN PRODUCTION” in plain typeface. The fan production cannot use the term “official” in either its title or subtitle or in any marketing, promotions or social media for the fan production.
Kind of fair enough, but the point is clear. They might as well insist that creators write “NOT REAL STAR TREK” in the title.
3. The content in the fan production must be original, not reproductions, recreations or clips from any Star Trek production. If non-Star Trek third party content is used, all necessary permissions for any third party content should be obtained in writing.
Fair.
4. If the fan production uses commercially-available Star Trek uniforms, accessories, toys and props, these items must be official merchandise and not bootleg items or imitations of such commercially available products.
Mostly fair, except that a lot of official merchandise is kind of tacky. If a fan production is forced to choose a toy phaser over a high quality unofficial prop replica, then this rule becomes a bit of a pain.
5. The fan production must be a real “fan” production, i.e., creators, actors and all other participants must be amateurs, cannot be compensated for their services, and cannot be currently or previously employed on any Star Trek series, films, production of DVDs or with any of CBS or Paramount Pictures’ licensees.
This is the death of good fan films right here. If you’re not aware, many ex-Star Trek actors have reprised their roles in fan films. I’m sure many did it for the money alone, but now even those who did it for the fun or for the fans won’t be allowed to.
Leaving the actors aside, any sizable film production will probably need to pay some professionals for set building, visual effects, makeup, catering, whatever. That’s why they need crowdfunding campaigns. Rule 5 pretty much assures that future fan films will be bedroom-productions only.
6. The fan production must be non-commercial:
• CBS and Paramount Pictures do not object to limited fundraising for the creation of a fan production, whether 1 or 2 segments and consistent with these guidelines, so long as the total amount does not exceed $50,000, including all platform fees, and when the $50,000 goal is reached, all fundraising must cease.
Insistence on non-commercial is totally fair. In fact, in my opinion, that should be the ONLY restriction placed on fan films. $50,000 may seem like a lot, but it really isn’t. Though for a 15/30 minute production, you could probably go quite far with that amount.
An interesting problem is that crowdfunding sites (Kickstarter certainly) don’t have a hard limit. You can ask for $50k, but if your supporters want to give you more, there isn’t an emergency stop! Perhaps other sites work differently.
• The fan production must only be exhibited or distributed on a no-charge basis and/or shared via streaming services without generating revenue.
Okay.
• The fan production cannot be distributed in a physical format such as DVD or Blu-ray.
Good luck figuring out your Kickstarter rewards.
• The fan production cannot be used to derive advertising revenue including, but not limited to, through for example, the use of pre or post-roll advertising, click-through advertising banners, that is associated with the fan production.
Sure.
• No unlicensed Star Trek-related or fan production-related merchandise or services can be offered for sale or given away as premiums, perks or rewards or in connection with the fan production fundraising.
Unnecessarily limiting. Obviously bootleg merchandise is a problem, but this means no t-shirts or posters or anything relating to your fan film. Again, good luck with those Kickstarter rewards.
• The fan production cannot derive revenue by selling or licensing fan-created production sets, props or costumes.
See above.
On the face of it, who could object to this? Especially as it is Star Trek, a very family-friendly franchise. However, Star Trek is a series that has famously tackled sensitive topics. I do feel that this is probably fair enough however. If you want to make a film on a sensitive modern issue in the vein of ‘Let That Be Your Last Battlefield’, ‘Symbiosis’ or ‘The High Ground’ then you should take that story elsewhere.7. The fan production must be family friendly and suitable for public presentation. Videos must not include profanity, nudity, obscenity, pornography, depictions of drugs, alcohol, tobacco, or any harmful or illegal activity, or any material that is offensive, fraudulent, defamatory, libelous, disparaging, sexually explicit, threatening, hateful, or any other inappropriate content. The content of the fan production cannot violate any individual’s right of privacy.
Yeah, yeah.8. The fan production must display the following disclaimer in the on-screen credits of the fan productions and on any marketing material including the fan production website or page hosting the fan production:
“Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fan-made film intended for recreational use. No commercial exhibition or distribution is permitted. No alleged independent rights will be asserted against CBS or Paramount Pictures.”
Okay. Actually I think this would mean fan creators giving up too much of their rights as original characters are probably still fine to claim rights to. However, as per point 7, if you have original ideas you want people to take seriously, perhaps a fan film isn’t the best place to showcase them.9. Creators of fan productions must not seek to register their works, nor any elements of the works, under copyright or trademark law.
10. Fan productions cannot create or imply any association or endorsement by CBS or Paramount Pictures.CBS and Paramount Pictures reserve the right to revise, revoke and/or withdraw these guidelines at any time in their own discretion. These guidelines are not a license and do not constitute approval or authorization of any fan productions or a waiver of any rights that CBS or Paramount Pictures may have with respect to fan fiction created outside of these guidelines.
Finally, the clause that renders these guidelines meaningless. You could follow every ‘rule’ to the letter only to find yourself on the receiving end of a legal threat from Star Trek Command anyway.
In conclusion, I think these rules are terrible. The low regard CBS/Paramount have these fan creations couldn’t be any clearer.
These rules are bullshit. The Star Trek community kept the franchise alive and VALUABLE to CBS/Paramount/Viacom for the YEARS when they weren’t putting out new content. This is so entirely unfortunate.