Fan Film Legality

I have a burning question about the legality of fan films. As I understand it, according to your FAQ sections covering fan film legality, fan films are legal to make as long as you don't make a profit off of it. But is that really true? Case in point: Broken Allegiance! I hear that the filmmakers are putting the film on DVD (For some reason, my mind just screams PROFIT! PROFIT!) What's the deal with that? Have the filmmakers made agreements with Lucasfilm to pay royalties in the event of profit being made? I would appreciate any feedback.

 

I would like to be filled in on this also.

Carl

 

There are many fanfilms on DVD. They're made in VERY limited number, and are strictly for the cast and crew of the film, with a few distributed to friends and family at NO charge. They're not selling them.

 

Publishing anything - be it books, records or films - is very expensive if you produce only a small number of items. They'll probably be lucky if they "break even" with their DVD.

I don't know exactly, but I would be surprised if the BA-team took more money for the DVD than they need to cover the costs for production, shipping etc.

EDIT: This means: I would be surprised if they were trying to make profit.

 

I thought the rule was no making money. Not no profit. i.e. if you spend £2K, you cannot recoup £199.99 but not £200.01, you lose £2K.

However, apart from distributing free DVDs to cast/crew etc, people can send blank DVDs + postage&packing to be burnt and sent back. That's legal.

Not sure what Nick intends to do though...

 

I can't speak for the BA boys, but as one who has made DVDs for PA WARS, DARK SKIES, 65TH SENSE, and several other fan films, I can tell you that the limited numbers are indeed for either cast/crew, gifts for family/friends, or as calling cards to people in the industry.

None that I know of have been made for selling to the general public.

 

Hmm.... The impression that I got from the BA people was that they intended to make money off of the DVD... I can't remember the exact words but I think they were going to use some kind of scheme like "If you donate <insert amount here> we will send you this free DVD". Personally if it was ever taken to court I don't think they could stand on that...

As to the legality of fan films they are not legal. Whether they make money or are distributed freely they are illegal. George may leave us alone if we don't make money but that doesn't make it legal. Sorry to burst anybodys bubble but it's the truth.

 

spottcat, what was the deal with "Spaceballs" then? Did Mel Brooks gain a license?

Or are you only talking about non-spoof-fanfilms?

 

Spoofs are irrelevant to this discussion. You can release them on the big screen if you want....

 

Whats the difference between a spoof and a non-spoof? Most of them maybe just humour but a lot of them DO expand the storyline. Not in a serious way, of course and therefore makes the less verosimil but they still don't have that much distance in between... or do they?

Carl

 

Unless you can quote the exact source, don't make accusations.

They are not making DVD's for profit.

In fact, Fan Films are illegal, profit or no profit. We exist by the generosity of the copyright holders who have decided to let us play in their sand box.

 

And I GUARANTEE you that Nick Hallam (Director/Producer of Broken Allegiance) knows all about the legal issues involved, and would not do anything to jeopardize TFN and/or the Star Wars FanFilm community.

Don't be so quick to snap judgements.

 

ACtually, I dont believe Nick said that himself, lemme check the BA DVD thread...

*later on*

Neumann stated: "And now that I think of it, isn't it illegal to charge for the DVDs, since Star Wars is copyrighted?
Chris "
Venardhi answered: "There are many ways around this: 'Donate to our next project and we will send you a free DVD','Send in donations of over $10 to keep our website online and we will send you a free BA DVD!' etc etc."

but Nick himself didnt say anything about it.

Signing off for the night,

Carl

 

I think that people are just finding ways around this agreement.

For example, someone makes a fanfilm now that gets much attention. Then he or she or them put it on DVD or some kind of distribution, pay for it out of there own money, and give it away free. What happens next (or atleast what do they hope happens next?) Some bigshot gets a hold of this "free" fanfilm and decides they deserve a job. Pow! there is your profit.

Truth is if that "agreement" were true anyone who ever made a fanfilm should never be allowed to get a job in exactly that which they used to make the fanfilm.

In other words ther're getting exposure in order to make a profit.

My 2 cents, I personally dont see nothing wrong with it, but lets call it what it is.

 

Getting a job in the entertainment industry isn't "profit", it's a job. If someone gets a job because some in the business saw the movie, so be it. They're making money off of their SKILLS, NOT the movie.

I fully intend on making DVDs of my film.. probably about ten, for cast/crew/family, and that's it.

I already have the DVD of "Challenge of the Sith", because I was on the crew.

 

Besides .. making a DVD these days isn't really all that difficult. Sure, there are different levels to it - depending on how "professional" you want it to look. But I remember about 7 or 8 years back when people were saying the same thing about burning CDs.

Before you know it, EVERYONE will have a DVD Burner in their Home Computers.

 

morpheous...

before making the statements you just did, research a little more about something called demo reels.

Go ask 3d Animators if they ever use copyrighted material on their demo reels to get a job.

 

Of course I dont intend to profit from selling DVDs. everyone knows you cant do that.

Semaj Ovured got it right when he said:
"...I can tell you that the limited numbers are indeed for either cast/crew, gifts for family/friends, or as calling cards to people in the industry."

Sure I have been contacted by a lot of people saying they want to buy a dvd but I have downright told them I cant sell them one for profit.

I will be giving one away to the winner of the BA dvd menu design contest, and making arrangements for cast/crew/family/friends for copies buts thats about as far as I have thought for now. Im probably also going to do swaps with other fan filmmakers on DVD, such as Duality, KnightQuest guys etc and do a swap for a swap kind of deal where no money changes hands, they send me a copy of their fan film on DVD and I do the same.

But certainly there is no profit making happening here, by any means...

 

"Before you know it, EVERYONE will have a DVD Burner in their Home Computers. "

I still don't have a CD burner in mine

 

I know this is a technicality, but if Uncle George does things like judge fanfilm contests and ILM hires fanfim creators, aren't they giving a tacit endorsement of the genre. Further, if GL is the copyright owner and provides endorsement for the use of his property, doesn't that constitute some sort of permission, thus making fanfilms legal as long as their creators abide by the terms of the agreement with the copyright owner (i.e. not making money off of said films)? (Now that was a sentence.)

 

Well I'm glad someone has clarified it, Vidman. Some people just started off saying that [/whisper]The BA DVD is going to be for Sale![whisper]. These sort of rumours then start becoming facts because people start believing them, even if they aren't true. Like when I quoted the BA thread, what I had written was merely the opinion/doubt of two people. Vidman never clarified it in that same thread and that probably lent to more suspicion.
We all know that its ilegal to make any sort of profit and noone with even a few ideals would ever think of doing so. I think its very good that Nick has said this because the people that had their doubt about the BA DVD will be able to have them clarified by the Director of the movie himself.
I just hope all those poeple that started saying stuff like "Any chance I can buy a copy", etc... and know that it IS totally illegal to do so see this thread and set their minds at rest.

Carl