Star Trek fan films have gotten into a bit of legal trouble recently, with a long running court battle between Paramount and Axanar still ongoing, despite support for the film from the likes of J.J. Abrams.
However, rights holders Paramount and CBS don't want to come off as complete kill joys, saying they are 'big believers in reasonable fan fiction and fan creativity' who want to see projects around their properties from amateur filmmakers. To help stop any future lawsuits, they've put together a list of guidelines for anyone thinking of making a Star Trek fan film.
It's a pretty long list and it's sure to cause some anger among fans, particularly given the fact that they'll have to use official merchandise and can't actually mention the words 'Star Trek' in the title.
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.
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.
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.
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.
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.
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.
- The fan production must only be exhibited or distributed on a no-charge basis and/or shared via streaming services without generating revenue.
- The fan production cannot be distributed in a physical format such as DVD or Blu-ray.
- 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.
- 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.
- The fan production cannot derive revenue by selling or licensing fan-created production sets, props or costumes.
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.
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.”
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.