Author Topic: (*DEFINITELY CHECK THIS OUT NOW) Austin Live Theatre: Fan-Produced DS webseries beginning in January (Read 9311 times)

Midnite · « **Reply #45 on:** February 08, 2011, 02:50:32 AM »

Quote from: borgosi on February 08, 2011, 01:50:50 AM

I guess we can expect DCP or who ever to file charges against SNL or any other comedy group that does a skit poking fun at the movie whenever it comes out. Right?

Actually, no, because parody falls under the fair use exception.

borgosi · « **Reply #46 on:** February 08, 2011, 03:14:41 AM »

Humor is very subjective. What you find funny I may not. I have never seen humor in anything that Jim Carrey does, does that mean it isn't a parody? No. It seems to me that as long as you put a disclaimer on it that says "This is a parody and is not to be taken seriously" you're covered. I think it was Larry Flint that did a "parody" interview with Jim Baker about his "first time" being with his mother. Flint had a disclaimer on the interview so small you had to look for it, that stated it was "a parody and not to be taken seriously". The courts agreed with Flint. If you do a DS video and you don't use any footage from the show why not just call it a parody?

At this point I wonder if they are going to jack up the price of the fest this year.

If he isn't careful JP could end DS fandom for alot of people and I don't think that's what he wants. At least I hope it isn't.

borgosi · « **Reply #47 on:** February 08, 2011, 03:44:29 AM »

Midnight - Could they stop fans from using names and photos from the show on facebook pages?

Midnite · « **Reply #48 on:** February 08, 2011, 07:06:38 AM »

Well, using a copyrighted photo from any source violates Facebook's terms and rules anyway.

borgosi · « **Reply #49 on:** February 08, 2011, 10:28:44 AM »

We all know what facebooks policy is, I think, I'm wondering what you think the chances are that DCP will ask that they pull those pages. From what I've been told they have complained about the use of The Carey Mansion on t-shirts on photos, even when they were photos that were not used in the show.

Mysterious Benefactor · « **Reply #50 on:** February 08, 2011, 04:50:27 PM »

With the T-shirts featuring the Carey Mansion, I suspect it was less an issue that fan photos of the house were used than that "Dark Shadows" or "Collinwood" was also printed on the shirts. Even though they were often shirts that were done specifically for the Fests or for a private fan gathering, and MPI doesn't do those sorts of shirts, they were still seen by DCP and/or its representatives (and probably MPI) as competition to MPI's officially licensed T-shirts.

Midnite · « **Reply #51 on:** February 08, 2011, 05:05:24 PM »

Quote from: borgosi on February 08, 2011, 10:28:44 AM

I'm wondering what you think the chances are that DCP will ask that they pull those pages.

I can only speculate, and my guess is that it's not very likely the current owners would do anything about them.

Midnite · « **Reply #52 on:** February 08, 2011, 05:48:11 PM »

It's not often acknowledged, but Pierson has looked the other way for years while fans not only posted their fan fiction (another derivative work) but even self-published, illustrated and sold it.

Nancy · « **Reply #53 on:** February 08, 2011, 05:54:30 PM »

Fanzines have used photos from the series since 1975 and I have never heard of DCP making an issue of it.

Quote from: borgosi on February 08, 2011, 10:28:44 AM

We all know what facebooks policy is, I think, I'm wondering what you think the chances are that DCP will ask that they pull those pages.

Mysterious Benefactor · « **Reply #54 on:** February 08, 2011, 06:16:47 PM »

Quote from: Midnite on February 08, 2011, 05:48:11 PM

It's not often acknowledged, but Pierson has looked the other way for years while fans not only posted their fan fiction (another derivative work) but even self-published, illustrated and sold it.

True. And the fact that Depp had to negotiate/secure the rights from DC's estate to do the DS film is a good indication that most if not all the copyrights for DS continue to be in full force. Certainly the intellectual property copyright is in force - and that would have been the one that would have affected the Austin group's version the most. But it does seem to be the case that so long as fans produce and distribute things that don't compete with officially licensed material, the copyrights holder (which would be the estate at this point) is willing to look the other way.

Nancy · « **Reply #55 on:** February 08, 2011, 06:52:12 PM »

And before Pierson the self-published, sold fanfic was going on.

For what it is worth, Pierson isn't necessarily the one person to make decisions regarding the DC estate. I have heard from reliable sources that the heirs and other long-time representatives are involved in most decisions.

Nancy

Quote from: Midnite on February 08, 2011, 05:48:11 PM

It's not often acknowledged, but Pierson has looked the other way for years while fans not only posted their fan fiction (another derivative work) but even self-published, illustrated and sold it.

KMR · « **Reply #56 on:** February 08, 2011, 07:14:10 PM »

Quote from: borgosi on February 08, 2011, 01:36:27 AM

What rubs me the wrong way is the fact that the script for the new movie was written by a man that got his start by taking a something that was public domain and changing it to fit his needs. It could be said that if Seth Grahme-Smith hadn't written "Pride and Prejudice and Zombies" that someone else would have written the script that Burton and Depp like so much. That being the case it makes them look just a little two faced to complain that someone is now doing something based on DS.

I don't really understand the logic of this argument. It's precisely because Pride and Prejudice is in the public domain that Grahame-Smith was fully entitled to create a derivative work and was not violating copyright law. Dark Shadows is not in the public domain, thus the videos in question are in violation of copyright law. There's no inconsistency here whatsoever.

Nancy · « **Reply #57 on:** February 08, 2011, 07:22:16 PM »

I do think that is a bit of a stretch.

Taken into perspective, it's only a handful of fans who try to create DS-related videos and other items that actually get noticed and pulled by reps of the DC estate. If the product is there - fan created or otherwise - fans will watch it or read it. If a fan-created product gets pulled, the fans will watch or read something else, usually a licensed product that is available. It's all good. The fans aren't getting the shaft.

But there will always be fans who claim they are but don't think for a minute that giving away or selling someone else's property is giving that someone else the shaft. I often wonder how fans think production companies like MPI or even DCP pay their bills, pay their employees and make a living. I've heard it called "greed." I don't consider it greed for me to demand my paycheck for services rendered or if someone else uses my property especially without my permission. But for some reason, production companies and those in the entertainment industry who make their living entertaining or providing entertainment in some form don't deserve to be compensated for each time their work or property entertains someone or an audience. I simply do not understand that logic.

It sucks when a cool fan-created DS product gets pulled but the reality is more fan-created DS products are left alone rather than pursued by DCP or the estate. The fans who have produced DS-photo rich zines and stories over the decades are very grateful that they have been allowed to do so.

As to whether or not the fest rates go up - it would be totally fair if they did. For anyone who has been to or knows what other media conventions charge at the gate, the DS fest rates are practically rock bottom and have been for years.

Nancy

Quote from: borgosi on February 08, 2011, 03:14:41 AM

If he isn't careful JP could end DS fandom for alot of people and I don't think that's what he wants. At least I hope it isn't.

Nancy · « **Reply #58 on:** February 08, 2011, 07:24:48 PM »

I agree. The irony is that DS got much of its momentum using stories that were in the public domain!

Quote from: KMR on February 08, 2011, 07:14:10 PM

I don't really understand the logic of this argument. It's precisely because Pride and Prejudice is in the public domain that Grahame-Smith was fully entitled to create a derivative work and was not violating copyright law. Dark Shadows is not in the public domain, thus the videos in question are in violation of copyright law. There's no inconsistency here whatsoever.

borgosi · « **Reply #59 on:** February 08, 2011, 10:09:34 PM »

First let me say that I don't like the idea of public domain to being with. I'll never understand why Someone like Grahame-Smith can put his name next to Jane Austen on her book just because we past a date and he added to few lines to it is crazy. I don't know if Austen's estate is still around or not but the idea that Grahame-Smith could get paid for something that he didn't write is nuts and 80% of that book is the original Pride and Prejudice. Yes, it's legal but just because it's legal doesn't make it right.

While DS is dervative of many classic works I've yet to see his name appear next to Stoker or Shelley. Most stories are dervative of some other story. Most writers are inspired by what others write. That's very different from taken a finished book, changing it and adding your name to the front cover.

I'm ok with DCP, JP, or whom ever stopping people from writing fan fiction, fan films, t-shirts, or whatever they want. I do think they should keep in mind that without the fans they would be making this new film or having fest. Yes, they need to pay bills and eat, no one is says that they don't need to. I just think that if the fans feel like they are being taken advantage of that it won't be good for anyone, fans or anyone.

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