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Trekkies Beware! Paramount Pictures V. Axanar Productions by Joel M
Thursday, March 23, 2017 LAW BUSINESS TECHNOLOGY BUSINESS TECHNOLOGY LAW TECHNOLOGY LAW BUSINESS RECORDERdaily at www.therecorder.com Trekkies Beware! Paramount Pictures v. Axanar Productions By Joel M. Grossman ovie and far and actually produce a very TV stu- professional movie funded by dios often crowdsourcing? That is the allow their question raised by the case of fans to Paramount Pictures Corp. v. Mengage in behavior which tech- Axanar Productions, Inc. The nically might violate copyright case has not been fully liti- or trademark law. For exam- gated, but the district court’s ple, the studio which owns the ruling on cross-motions for copyright to Star Wars might summary judgment is both let fans produce a short video amusing and instructive. in which fans dress up as Darth To begin with the basic facts, Vader or Princess Leia, and act plaintiff Paramount Pictures Trek films before with no law- out a scene from the film. If and CBS own the copyright to suit from Paramount, Axanar the fans post their homemade the Star Trek television shows sought to go “where no man 10 minute video on You Tube, and Paramount owns the copy- has gone before” and produce the studio probably wouldn’t right to the thirteen full-length a professional Star Trek film, mind. They might even encour- movies that followed. While with a fully professional crew, age such amateur tributes, as the copyright owners allowed many of whom worked on one they might keep interest in the fans to make their own ama- or more Star Trek productions. -
Fictious Flattery: Fair Use, Fan Fiction, and the Business of Imitation
Intellectual Property Brief Volume 8 Issue 2 Article 1 2016 Fictious Flattery: Fair Use, Fan Fiction, and the Business of Imitation Mynda Rae Krato George Washington University Follow this and additional works at: https://digitalcommons.wcl.american.edu/ipbrief Part of the Intellectual Property Law Commons Recommended Citation Krato, Mynda Rae (2016) "Fictious Flattery: Fair Use, Fan Fiction, and the Business of Imitation," Intellectual Property Brief: Vol. 8 : Iss. 2 , Article 1. Available at: https://digitalcommons.wcl.american.edu/ipbrief/vol8/iss2/1 This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Intellectual Property Brief by an authorized editor of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Fictious Flattery: Fair Use, Fan Fiction, and the Business of Imitation This article is available in Intellectual Property Brief: https://digitalcommons.wcl.american.edu/ipbrief/vol8/iss2/1 FICTITIOUS FLATTERY: FAIR USE, FANFICTION, AND THE BUSINESS OF IMITATION Mynda Rae Krato INTRODUCTION ............. 92 L Background............................................................. 94 A. Foundational Statutory and Case Law..................................94 B. Fanfiction Case Law..............................................96 C. Popular Culture and the Power of Fandoms ............................. -
Alternate Universe Fan Videos and the Reinterpretation of the Media
Alternate Universe Fan Videos and the Reinterpretation of the Media Source Introduction According to the Francesca Coppa, American scholar and co-founder of the Organization for Transformative Works1, fan videos are “a form of grassroots filmmaking in which clips from television shows and movies are set to music.”2 Fan videos are commonly referred to as: fanvid, songvid, vid, AMV (for Anime Music Video); their process of creation is called vidding and their editors (fan)vidders. While the “media tradition” described above in Francesca Coppa‟s definition is a crucial part of the fan video production, many other fan videos are created for anime, especially Asian ones (AMV), for video games (some of them called Machinima), or even for other subjects, from band tributes to other types of remix. The vidding tradition – in its current “shape” – goes back to the era of the first VCR; but the very first fan videos may be traced back to the seventies in a slideshow format. When channel mixers and numerous machines available to a large group of consumers emerged, this fan activity easily became an expanding one amongst the fan communities, who were often interested in new technology, whatever era it is. Vidding has now become a digital process, thanks to the expansion of computer and related technical means, including at least semiprofessional editing software. It seems relevant to point out how rare it is that a vidder goes through editing training when they begin to create fan videos, or even become a professional editor later on. Of course, exceptions exist, but vidding generally remains a hobby. -
The Writing and Reading of Fan Fiction and Transformation Theory
CLCWeb: Comparative Literature and Culture ISSN 1481-4374 Purdue University Press ©Purdue University Volume 13 (2011) Issue 4 Article 4 The Writing and Reading of Fan Fiction and Transformation Theory Veerle Van Steenhuyse Ghent University Follow this and additional works at: https://docs.lib.purdue.edu/clcweb Part of the Comparative Literature Commons, and the Critical and Cultural Studies Commons Dedicated to the dissemination of scholarly and professional information, Purdue University Press selects, develops, and distributes quality resources in several key subject areas for which its parent university is famous, including business, technology, health, veterinary medicine, and other selected disciplines in the humanities and sciences. CLCWeb: Comparative Literature and Culture, the peer-reviewed, full-text, and open-access learned journal in the humanities and social sciences, publishes new scholarship following tenets of the discipline of comparative literature and the field of cultural studies designated as "comparative cultural studies." Publications in the journal are indexed in the Annual Bibliography of English Language and Literature (Chadwyck-Healey), the Arts and Humanities Citation Index (Thomson Reuters ISI), the Humanities Index (Wilson), Humanities International Complete (EBSCO), the International Bibliography of the Modern Language Association of America, and Scopus (Elsevier). The journal is affiliated with the Purdue University Press monograph series of Books in Comparative Cultural Studies. Contact: <[email protected]> Recommended Citation Van Steenhuyse, Veerle. "The Writing and Reading of Fan Fiction and Transformation Theory." CLCWeb: Comparative Literature and Culture 13.4 (2011): <https://doi.org/10.7771/1481-4374.1691> This text has been double-blind peer reviewed by 2+1 experts in the field. -
Parties in Star Trek Fan Litigation Don't Boldly Go Into the Unknown
INCONTESTABLE® BLOG Parties in Star Trek Fan Litigation Don’t Boldly Go Into the Unknown; Sele Claims February 27, 2017 By Jonathan Uffelman Edited by Naresh Kilaru; Julia Anne Matheson The Central District of California recently denied both parties’ motions for summary judgment in a copyright infringement case involving a fan Star Trek film, setting the dispute up for a jury trial. However, the Court’s findings that defendant Axanar Productions, Inc.’s film was objectively similar to Plaintiffs’ copyrighted Star Trek works, and that Defendants had no valid fair use defense, was sufficient to lead the parties to settlement. Since 1966, Plaintiffs have produced six Star Trek television series totaling more than 700 episodes, and thirteen Star Trek motion pictures. Additionally, Plaintiffs have licensed numerous derivative works, including books, games, merchandise, and audio-visual works. These works incorporate stories taking place in time periods both before and after the original television series. Collectively, these works constitute the Star Trek canon, used by many Trekkers to create fan fiction. As avid Star Trek fans, Defendants intended to make a fan film about a character called Garth of Izar, who appeared in one episode of the original television series. In that episode, Garth is a former starship captain, famous among Starfleet officers for his exploits in the Battle of Axanar with the Klingons twenty-one years earlier. The Defendants’ film was to depict Garth’s exploits. Defendants sought to make “a professional production” with a professional crew, “many of whom have worked on Star Trek itself.” Defendants raised money and produced a twenty-one minute film called “Star Trek: Prelude to Axanar” (“Prelude”) and released it on YouTube to raise funds for a full-length feature film. -
Watching, Creating, and Archiving
Article Convergence: The International Journal of Research into Watching, creating, and New Media Technologies 2015, Vol. 21(1) 145–164 ª The Author(s) 2015 archiving: Observations on the Reprints and permission: sagepub.co.uk/journalsPermissions.nav quantity and temporality of DOI: 10.1177/1354856514560313 fannish productivity in online con.sagepub.com fan fiction archives Abigail De Kosnik University of California, Berkeley, USA Laurent El Ghaoui University of California, Berkeley, USA Vera Cuntz-Leng Philipps University of Marburg, Germany Andrew Godbehere University of California, Berkeley, USA Andrea Horbinski University of California, Berkeley, USA Adam Hutz University of California, Berkeley, USA Rene´e Pastel University of California, Berkeley, USA Vu Pham University of California, Berkeley, USA Abstract In the Fan Data project, we collected data from online databases that archive media fan production (specifically, fictional fan texts). We developed software and visualization tools to analyze these archives. Digital analysis focused on counting and graphing the rate of the fan fiction production Corresponding author: Abigail De Kosnik, University of California, Berkeley, 412 Capp St, San Francisco, CA 94110, USA. Email: [email protected] Downloaded from con.sagepub.com at UNIV CALIFORNIA BERKELEY LIB on May 22, 2015 146 Convergence: The International Journal of Research into New Media Technologies 21(1) over time in three Hollywood blockbuster movie fandoms: The Avengers,theBatman trilogy, and Inception. We found that audiences grant a great deal of ‘mindshare’ to media texts and create fan works in response to those texts immediately after viewing a film but that what sustains fan productivity are the attractiveness of specific online archiving platforms and the liveliness of activity in a given fandom. -
A Portrait of Fandom Women in The
DAUGHTERS OF THE DIGITAL: A PORTRAIT OF FANDOM WOMEN IN THE CONTEMPORARY INTERNET AGE ____________________________________ A Thesis Presented to The Honors TutoriAl College Ohio University _______________________________________ In PArtiAl Fulfillment of the Requirements for Graduation from the Honors TutoriAl College with the degree of Bachelor of Science in Journalism ______________________________________ by DelAney P. Murray April 2020 Murray 1 This thesis has been approved by The Honors TutoriAl College and the Department of Journalism __________________________ Dr. Eve Ng, AssociAte Professor, MediA Arts & Studies and Women’s, Gender, and Sexuality Studies Thesis Adviser ___________________________ Dr. Bernhard Debatin Director of Studies, Journalism ___________________________ Dr. Donal Skinner DeAn, Honors TutoriAl College ___________________________ Murray 2 Abstract MediA fandom — defined here by the curation of fiction, art, “zines” (independently printed mAgazines) and other forms of mediA creAted by fans of various pop culture franchises — is a rich subculture mAinly led by women and other mArginalized groups that has attracted mAinstreAm mediA attention in the past decAde. However, journalistic coverage of mediA fandom cAn be misinformed and include condescending framing. In order to remedy negatively biAsed framing seen in journalistic reporting on fandom, I wrote my own long form feAture showing the modern stAte of FAndom based on the generation of lAte millenniAl women who engaged in fandom between the eArly age of the Internet and today. This piece is mAinly focused on the modern experiences of women in fandom spaces and how they balAnce a lifelong connection to fandom, professional and personal connections, and ongoing issues they experience within fandom. My study is also contextualized by my studies in the contemporary history of mediA fan culture in the Internet age, beginning in the 1990’s And to the present day. -
Orienting Fandom: the Discursive Production of Sports and Speculative Media Fandom in the Internet Era
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Illinois Digital Environment for Access to Learning and Scholarship Repository ORIENTING FANDOM: THE DISCURSIVE PRODUCTION OF SPORTS AND SPECULATIVE MEDIA FANDOM IN THE INTERNET ERA BY MEL STANFILL DISSERTATION Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Communications with minors in Gender and Women’s Studies and Queer Studies in the Graduate College of the University of Illinois at Urbana-Champaign, 2015 Urbana, Illinois Doctoral Committee: Professor CL Cole, Co-Chair Associate Professor Siobhan Somerville, Co-Chair Professor Cameron McCarthy Assistant Professor Anita Chan ABSTRACT This project inquires into the constitution and consequences of the changing relationship between media industry and audiences after the Internet. Because fans have traditionally been associated with an especially participatory relationship to the object of fandom, the shift to a norm of media interactivity would seem to position the fan as the new ideal consumer; thus, I examine the extent to which fans are actually rendered ideal and in what ways in order to assess emerging norms of media reception in the Internet era. Drawing on a large archive consisting of websites for sports and speculative media companies; interviews with industry workers who produce content for fans; and film, television, web series, and news representations from 1994-2009 in a form of qualitative big data research—drawing broadly on large bodies of data but with attention to depth and texture—I look critically at how two media industries, speculative media and sports, have understood and constructed a normative idea of audiencing. -
Frequently @Sked Questions
B^ckgrounder: Frequently @sked Questions sÉêëáçå NKMPI aÉÅÉãÄÉê OUI OMMS `çéóêáÖÜí « OMMS nìáÅâëáäîÉê pçÑíï~êÉI fåÅK ^ää êáÖÜíë êÉëÉêîÉÇK Quicksilver is a Registered Trademark of Quicksilver Software, Inc. STAR TREK and related marks are Trademarks of CBS Studios, Inc. Bethesda Softworks, ZeniMax and related logos are registered trademarks of ZeniMax Media Inc. in the U.S. and other countries. GENERAL GAME-RELATED QUESTIONS 3 Q: What is Star Trek: Tactical Assault? 3 Q: What are the major features of the game? 4 Q: Space is 3D, so why is this game's combat in 2D? 5 Q: How much skill is involved in combat? 5 Q: Why can't I play as Captain Kirk or Mr. Spock? 6 Q: How do my decisions affect the mission outcomes? 7 Q: Is this a dumbed-down version of the PC game Starfleet Command? 7 Q: Is this game true to Star Trek? 8 Q: I want more. 8 Q: Do you take advantage of each platform's capabilities? 9 GAMEPLAY DETAILS 11 Q: How do the ships compare with one another? 11 Q: What is the best upgrade path in Federation missions? 14 Q: What is the best upgrade path in Klingon missions? 14 Q: How were the missions created? 15 Q: How can I avoid hitting asteroids or planets accidentally? 16 REVIEWS AND PLAYER FEEDBACK 17 Q: What are reviewers saying about the game? 17 Q: What do players say about the game? 20 Gener^l G^me-Rel^ted Questions Q: Wh^t is St^r Trek: T^ctic^l @ss^ult> `çåíêçä íÜÉ ÅçãéäÉíÉ pí~ê qêÉâ ÉñéÉêáÉåÅÉ Fans around the world know Star Trek as one of the great science fiction franchises. -
Fandom, Fan Fiction and the Creative Mind ~Masterthesis Human Aspects of Information Technology~ Tilburg University
Fandom, fan fiction and the creative mind ~Masterthesis Human Aspects of Information Technology~ Tilburg University Peter Güldenpfennig ANR: 438352 Supervisors: dr. A.M. Backus Prof. dr. O.M. Heynders Fandom, fan fiction and the creative mind Peter Güldenpfennig ANR: 438352 HAIT Master Thesis series nr. 11-010 THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS IN COMMUNICATION AND INFORMATION SCIENCES, MASTER TRACK HUMAN ASPECTS OF INFORMATION TECHNOLOGY, AT THE FACULTY OF HUMANITIES OF TILBURG UNIVERSITY Thesis committee: [Dr. A.M. Backus] [Prof. dr. O.M. Heynders] Tilburg University Faculty of Humanities Department of Communication and Information Sciences Tilburg center for Cognition and Communication (TiCC) Tilburg, The Netherlands September 2011 Table of contents Introduction..........................................................................................................................................2 1. From fanzine to online-fiction, a short history of modern fandom..................................................5 1.1 Early fandom, the 1930's...........................................................................................................5 1.2 The start of media fandom, the 1960's and 1970's.....................................................................6 1.3 Spreading of media fandom and crossover, the 1980's..............................................................7 1.4 Fandom and the rise of the internet, online in the 1990's towards the new millennium............9 -
STAR TREK Fan Film Guidelines CBS and Paramount
STAR TREK Fan Film Guidelines Focus Group Report Prepared for CBS and Paramount Submitted by Organized Fans August 2016 Table of Contents Executive Summary 1 Brief Overview of the Results 1 Summarized Results for Each Guideline 2 Background of the Focus Group and Participant Profile 5 Methodology 6 Guideline #1 7 Guideline #2 13 Guideline #3 14 Guideline #4 15 Guideline #5 17 Guideline #6 19 Guideline #6a 20 Guideline #6c 23 Guideline #6e 24 Guideline #7 26 Guideline #8 28 Guideline #9 29 Guideline #10 30 Conclusion 31 Headwinds and Tailwinds 31 And the Doldrums 32 Why Not Monetize Fan Productions for the Studios? 34 Appendix - Hyperlinks to All Cited Fan Participant Online Polls 35 STAR TREK Fan Film Guidelines - Focus Group Report Executive Summary Shortly after the announcement of the new Guidelines for Star Trek fan films released by CBS and Paramount, concerned fans gathered together to sign petitions, threaten boycotts, and express their disapproval of a move by the studios that appeared so restrictive as to threaten to eliminate all but a tiny handful of non-commercial fan productions intended simply to celebrate and support the franchise. However, one group, directed our energies in a more constructive direction, not simply demanding that the studios eliminate all the new guidelines or completely start over with all new ones. Instead, this group formed with the intention of seeking compromises, accepting these guidelines as a solid foundation and a positive move by the studios that may have simply reached a little too far. Led by Jonathan Lane, a former freelance Star Trek fan consultant employed by Viacom Consumer Products for several years (and therefore familiar with the legal and financial concerns of the studios), this group of more than 1,200 Star Trek fans began going through the new guidelines one at a time, taking surveys and discussing not only our concerns but also possible compromise solutions. -
Fan Fiction As a Digital Descendant of Transformative Literature Elizabeth Jendrzey Texas Women’S University
Fan Fiction as a Digital Descendant of Transformative Literature Elizabeth Jendrzey Texas Women’s University Abstract literature through connotation or elevate fan fiction beyond its means and standards. The internet brought many ways for While there is certainly a relationship individuals to create and share new texts between the two, fan fiction as we know it across the globe, a practice that has been today is a descendent of transformative wholly embraced. However, fan fiction, a literature of the past. common form of this exchange, is often Transformational literature is just as it dismissed as the frivolous writings of fans says, literature that transforms an existing with little better to do. An understanding of work. It borrows from the source, filling in the history of transformative works places the gaps and shaping it to fit the author’s fan fiction in the context of a much longer world. It may return in the same form as the narrative. Drawing from past attitudes and source text, or it may be presented in a trends regarding transformative works, this different kind of media. Fan fiction does all paper suggests that modern fan fiction is the this on a digital platform, ignoring some of digital descendent of a rich history of the more traditional aspects of literature. literary transformations. While transformational literature tends to Keywords: fan fiction, transformative utilize older works no longer under literature copyright, fan fiction may be about television episodes that aired mere hours Introduction before publication. It is a rather unorthodox subset of transformational literature, and one The conversation about the relationship that is well worth examining in relation.