If We Like Your Star Trek Fan Film ... Cool, If Not We Call The Lawyers

If you have any plans on making a Star Trek themed fan film be very very careful.

From Newsweek:

Even after seven television series and thirteen movies, Star Trek’s existence is always precarious. The failure of a show like Star Trek: Enterprise, saved once from cancellation after its second season, kept Star Trek off television for a generation. Now, with Discovery airing behind the CBS All Access paywall, it’s the Star Trek movie series that has the uncertain future.

Mainstream sci-fi, the kind that can compete with Guardians of the Galaxy or The Expanse, is expensive. Variety pegs Star Trek: Discovery’s budget at more than $8 million per episode. Even with a reliable audience and a cultural ubiquity that approaches folklore, Star Trek can’t always find a market. But what if economics no longer mattered? What if, instead, Star Trek was free?

In 2014, Axanar Productions released Prelude to Axanar, a 20-minute, faux-Federation documentary on a war with the Klingon Empire, produced as proof-of-concept for a feature-length fan film. A few months after the blockbuster crowdfunding campaign, Axanar became the target of a copyright lawsuit from Paramount.

“They could have done that to any of us,” Tommy Kraft, director of feature-length fan film Star Trek: Horizon, told Player.One in 2016. “We all ‘violated copyright.’ Every little fan film that has 10 viewers technically violates copyright.”

This litigiousness is hardly unique to Trek.

“Historically, the way Star Trek and Disney and so on, the way that they work is they pretend they don’t see the stuff they like, so then they don’t have to worry about trademark dilution, and then they destroy anything that upsets them in some tiny way,” science fiction author (Walkaway, Little Brother, Pirate Cinema) and technology activist Cory Doctorow told Newsweek. “This is not a great way to influence a culture.”

Axanar Productions settled in 2017 after the PR firestorm encroached upon pre-release hype for Star Trek Beyond. J.J. Abrams and director Justin Lin gave comment, forcing a consequential response from CBS and Paramount: official guidelines for future fan films.

These guidelines state: “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.” But dig a little deeper and the rules strongly suggest otherwise. Limiting fan films to 15 minutes, codifying loopholes around terms like “offensive” and “reasonable,” insisting on officially licensed merchandise and banning appearances from former Star Trek cast members, the official “Guidelines for Avoiding Objections” illustrate how copyright holders foster public enthusiasm and creativity only to the extent of their advantage.

The onerous guidelines are already widely contravened, including by ongoing fan productions. Fan Film Factor counted sixty fan films in the eight months after the guidelines were released. The predicted chilling effect never came. But the existence of the guidelines inspires a simple question: what makes CBS and Paramount Pictures the best arbiters of a creative response to Star Trek?

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Godzilla's Legal Defenders

by Armand Vaquer

Above, former Toho-L.A. General Manager Masaharu Ina and Armand at the Godzilla statue in Hibiya in February. The good working relationship between fan groups and Toho began under Ina's tenure as general manager. 

Here's a story that fans of Godzilla are familiar with. Or should be.

The article from the Japan Times is on the team of lawyers that Toho Co., Ltd. enlists to protect the Godzilla (and related creatures) trademark against bootleggers and companies who try to use Godzilla's image in advertising and other unauthorized ventures.

The article begins with:

LOS ANGELES – He spews radioactive fire, razes cities and pummels creatures from Earth and beyond, but even Godzilla needs a good lawyer sometimes. After all, you don’t survive 60 years in the movie business without taking some fights to court. 

For decades, attorneys acting on behalf of Godzilla’s owners, Tokyo-based Toho Co., have amassed a string of victories, fighting counterfeiters and business titans such as Comcast and Honda along the way. The opponents have come from all corners of pop culture: TV commercials, video games, rap music and even the liquor industry. 

The litigation has kept Godzilla’s brand thriving and helped pave the way for commercial and merchandising tie-ins that will accompany the monster’s return to the big screen on Friday after a 10-year hiatus. Godzilla’s image is for sale, but permission is needed.

Back in the days when I was associated with G-FAN magazine, I made it a point to consult with Toho's Los Angeles office to make sure that what we did on different things didn't infringe on their trademarks. This was started while Masaharu Ina was Toho's Los Angeles General Manager. In this way, no toes were stepped on and Toho appreciated the the gesture. If they a problem with a certain aspect, they would suggest changes. We had an excellent working relationship, even though, officially, Toho has a policy of not sanctioning fan activities. But they were helpful whenever they could. Prior to this, there existed some friction between Toho and various fan leaders (some of whom seemed to want to pick fights with Toho). Cooperating with Toho had paid off many times.

To read the full story, go here.

It's GODZILLA Vs TUFFZILLA In Court

Written By: Ken Hulsey
Source: Courthouse News Service

Over the past couple of years the Japanese movie studio, Toho, has been more than willing to slap a lawsuit on anyone who creates anything that looks remotely like their iconic monster, "Godzilla".

In 2008 the Japanese movie company sued Subway (the fast-food sandwich franchise .... not the underground rail system) for putting a giant dinosaur, and a Japanese girl, in one of their commercials. Then in 2009 the studio went after Comcast Cable for putting a giant monster, who honestly looked a lot like "Godzilla", in one of their adds.

Now the target of Toho's monstrous lawyers is "Tuffzilla" a toy for dogs manufactured by VIP Products.

Now, I'm no lawyer, but it looks like Toho may have something to bitch about this time. As you can see from the photo provided, good old "Tuff-Z" looks a lot like "Big G". But is it enough of a likeness for such a lawsuit? As can be expected Toho says "Yes" and they intend on seeking damages and blocking VIP from selling the toy.

Honestly, it's not as much the look of the toy that has Toho all worked up, it's the verbiage in the company's advertising that has added fuel to this fire.

Here is an example:

TuffZilla - For decades the legendary Tuffzilla has ravaged villages, towns and cities alike. This unstoppable force was known worldwide. No one has been able to tame this terrible beast, until now... See who will win the epic battle between man’s best friend and one of man’s most feared enemies.

Ummm ....... well that sounds like a description of "Godzilla" alright.

In the end Toho will probably make VIP change the name of the toy and reword the adds, which just goes to prove that if you make anything that resembles "Godzilla" in any way, you had better talk to Toho's lawyers before you try and sell it.

See Also: New Legendary Pictures GODZILLA Design To Be Revealed At Comic Con! / Arkansas Family Builds Ultimate GODZILLA Suit / Tim Burton On For MONSTERPOCALYPSE - Still In Line For GODZILLA? - More Film Details! / A Reason To Be Optimistic About Godzilla 3D (2012)? / Hot Off The Press! Page 77 Of Todd Tennant's "Godzilla 1994" Online Comic / Godzilla, Anguirus, And The Case Of The Missing Monster Suits / Godzilla 3-D, Godzilla 2012, Rumors And Misinformation Abound / What The Fans Want To See In An American Godzilla / Godzilla 2012 - Legendary Pictures/Warner Bros (Fan Group) / It's Official! A New Godzilla Movie Is Coming In 2012! / Get Ready With Your Finger Missiles And Robot Punch! The Shogun Warriors Are Coming To The Big Screen! / Japanese Uber Geekdome - Godzilla Related Cosplay & The Return Of The Life-Sized Gundam / "Godzilla 1985": 25th Anniversary / All Monsters Attack (aka Godzilla's Revenge)(1969)(Toho) / A Godzilla Plush Doll For All You Little Monsters / Run For Your Life! It's Godzilla!!...No...Wait It's A Crustacean / Putting Legendary Pictures Godzilla Into Perspective / Legendary Pictures Announces New Godzilla Movie! / Roland Emmerich Proud Of Godzilla, Not Making Sequel / Toho Tells Comcast, "Didn't You Learn From Subway? You Can't Use Godzilla To Sell Cable TV!" / Peter H. Brothers' Ishiro Honda Bio To Be Published / G-FAN No. 88 Summary / Schedule Conflict Knocks Out Godzilla Film Fest / G-FEST XVI News / Preserving Godzilla And The Blu-Ray Announcement / Godzilla 3D - Opinions Swirling Swirling Swirling / Godzilla 3D Begins Pre-Production For 2011 Release / A Pin-up Girl Riding Godzilla - Now This Is Art! / Godzilla & The Monsters Of Mass Destruction Trailer / Steve Bissette Creates Special Artwork For New Hampshire Screening Of King Kong vs Godzilla / G-FAN #87 Summary / Ishiro Honda Bio Being Negotiated

Toho Tells Comcast, "Didn't You Learn From Subway? You Can't Use Godzilla To Sell Cable TV!"

Written By: Ken Hulsey
Source: Advertising Age

Many of you may remember back to April of 2008, when Toho studios sued the sandwich chain, Subway, for using a dinosaur that vaguely looked like their iconic movie monster, "Godzilla". Well apparently the cable television provider, Comcast, either missed, or forgot about, that one, because they themselves are now being sued by the Japanese movie studio for actually using Godzilla in a television commercial.

The ad in question features a giant monster, which is unmistakably "Godzilla", fighting a giant robot in an animated sequence. The appearance is sort of brief, quickly showing the monster in combat against the robot in a fictional world dubbed "Comcast Town", then the fight is seen again on a television screen in an apartment.

Now, when it comes to the "Subway" advertisement, there could be some doubt on whether the monster in the commercial is actually "Godzilla", honestly it appears to be nothing more than a giant green T-Rex, but in this case no one could argue that the big green monster here isn't actually Toho's pride and joy, and their lawyers agree.

Charles N. Shephard, lawyer for Toho and partner at Los Angeles law firm Greenberg Glusker, explains, "Take any major iconic, copyrighted fictional character, whether it be Mickey Mouse or Darth Vader. If you are going to use those figures as the centerpiece of a national advertising campaign, you have to pay the dollars to do so."

And how much would such an appearance cost?

"Reasonable value of what [Comcast and Goodby] have taken," an amount Shephard estimates at "certainly in the hundreds of thousands of dollars, if not more."

So far Goodby Silverstein & Partners (the ad agency who produced the commercial) and Comcast representatives have remained hush about the suite, only making the brief statement, "Comcast does not believe there has been any copyright infringement."

Despite their obvious belief to the contrary, it appears to me that the cable TV giant may have to pay up for this one. I don't think anybody would back them in their claim, that the monster in the ad in question could be anything else but "Godzilla."

According to the law suite, Toho first learned of the commercial back in March when it first aired, at that time they sent a cease-and-desist letter to Comcast, who, at the time, agreed to pull the ad. According to Mr. Shephard, the ads continued to air for months.

"We found out about the advertising campaign in March and asked them immediately to stop running it. Eventually they did stop running it, but it took them quite a while to do so. We're not dealing with unsophisticated companies here. We've got a major advertiser in Comcast and a major ad agency in Goodby, and they should not have done it."

See Also: Toho Sues Subway Over Monster Sandwich Add


Peter H. Brothers' Ishiro Honda Bio To Be Published / G-FAN No. 88 Summary / Schedule Conflict Knocks Out Godzilla Film Fest / G-FEST XVI News / Preserving Godzilla And The Blu-Ray Announcement / Godzilla 3D - Opinions Swirling Swirling Swirling / Godzilla 3D Begins Pre-Production For 2011 Release / A Pin-up Girl Riding Godzilla - Now This Is Art! / Godzilla & The Monsters Of Mass Destruction Trailer / Steve Bissette Creates Special Artwork For New Hampshire Screening Of King Kong vs Godzilla / G-FAN #87 Summary / Ishiro Honda Bio Being Negotiated / Robert Scott Field Is Joining Kenji Sahara At G-FEST XVI / King Kong And Godzilla Invade The London Subway / King Kong vs Godzilla (1962)(Toho) / G-FEST XVI To Host Kenji Sahara / Photo Of The Week - Godzilla Goes On A Date / New Wooden Godzilla Figures Cost More Than Most Cars / Rare Video - Haruo Nakajima Puts On The Godzilla Suite One Last Time For Magazine Shoot / Toho Is Renting Out Godzilla And MechaGodzilla Movie Costumes / Yumiko Shaku Looks For love At The Blood Bank / Godzilla To Add His Fire To Hot Atlanta / Godzilla Vs The Netherlands / You Can Do Anything But Lay Off Of My Kaiju Shoes / Haruo "Godzilla" Nakajima Turns 80 /King Kong, Godzilla And The Creature From The Black Lagoon At The Rose Parade

Audio Cable Giant Goes After Mini Golf Franchise Over Monster Name

Written By: Ken Hulsey
Source: The Wall Street Journal

I this world of ours there are bullies. There are bullies in the schoolyard and their are bullies in the corporate world. It seems that some people never grow up and mature like the rest of us.

In this case, the bully that I am talking about is "Monster Cable Products Inc." a manufacturer of audio and video cables. If you have an HD TV then you probably are using on or more of their products. The reason that I am referring to this company as a bully, is because they have decided to sue just about anybody who use the word "Monster" in their name.

Should I be scared by this? Should I start looking for a lawyer? I do call this place "Monster Island News."

Anyway, the California based company presently owns about 70 trademarks on the word "Monster". Because of the ownership of these trademarks the company has felt 'justified' in suing anyone and everyone who has used the word. The manufacturer has even taken on the 'big boys', filing lawsuits against Disney for everything related to their movie, "Monsters Inc", Monster.com, Monster brand energy drinks and even the Boston Red Sox for the "Green Monster", the legendary left-field wall in Fenway Park.

In all, Monster Cable says it has fought about 190 monster battles at the U.S. Patent and Trademark Office and filed around 30 monster lawsuits in federal courts.

Most of these suits were settled out of court, companies ultimately bowing to Monster Cable's demands.

However, it appears that the company bit off more than they could chew when they started hunting smaller prey. The audio cable manufacturer recently targeted "Monster Mini Golf", an indoor 18 hole indoor golf course franchise owned by Christina and Patrick Vitagliano of Rhode Island, for one of their infamous lawsuits, and the couple fought back.

The Vitaglianos say they first got wind of trouble in 2006, soon after they opened their first mini-golf course. "It never occurred to me that a cable company might not like it," she says. Adds her husband, "We just all assumed it was going to go away."

The couple then hired an attorney to try and settle the dispute, but all they ended up with, was about $100,000 in legal bills and hours of frustration.

The couple then decided to take matters into their own hands, launching an Internet-based campaign to generate public support. "We blogged nonstop, around the clock, for weeks, and enlisted much of our staff to do the same," says Christina Vitaglianos. The couple even went as far as to offered to sell symbolic slices of "Justice" for $1 on eBay which raised about $4,400 for their legal defense.

In the end, public support for the Vitaglinos' finally caused Monster Cable to withdraw their lawsuit and agree to pay for $200,000 of the couples legal expenses.

Just like bullies in the school yard, corporate bullies can turn tail and run when they are stood up to. It is a good thing to hear of modern "David vs Goliath" stories like this!

So if Monster Cable comes after Monster Island News, you guys out there will stand up for me.......right?

Who Owns Mickey Mouse? Is It You?

Written By: Ken Hulsey
Source: Los Angeles Times

So who really owns the rights to Mickey Mouse? Is it the Walt Disney Company? Is it UB Iwerks? Is it Cinephone? Is it everyone in the world?

It appears the the Los Angeles Times has stumbled upon an interesting legal question, who really owns the character, or at least early versions of the world-famous cartoon icon, Mickey Mouse? An eye-opening, front page article by Joseph Menn, discusses the little known fact, that indeed the Walt Disney company may have committed a copyright snafu, that would put the earliest version of Mickey in the public domain.

Don't start making plans to sell Mickey Mouse t-shirts and comic books just yet, however. Even though the Iconic Mouse may indeed reside in the public domain, Disney has enough lawyers and resources to make you go broke long before you could prove it.

Apparently when Disney created the title boards for their early cartoons they listed themselves, artist UB Iwerks, and the sound company Cinephone, above the copyright date (see above photo). By doing so they mistakenly gave the rights to the cartoons, and the characters featured in them, to all three of the listed parties. According to legal president that would put the copyright in dispute, and essentially void it.

Find Out More In The Los Angeles Times Article By Joseph Menn