63 replies to this topic

[VulcanFanatic]

That VR thing looked cool. Too bad CBS can't put out a decent product that pleases fans anymore, and have to spoil all of the fan made stuff that is better than the crap CBS is pedaling.

[Gothneo]

Well... I think that type of thing would be a licensed product wouldn't it?

[s8film40]

Sure. Like I said theres no debating that CBS owns the rights and can restrict what they want within their legal abilities. The heads for Voyager action figures that were made on this very forum were a violation of CBSs copyright as is the 3D printable Mayweather helm. I violated their copyright when I was in my middle school drafting class and chose to create drawings of the Enterprise for my project. Its really just up to CBS how far they want to try to take it. I personally think they took it too far.

[Gothneo]

Well... There is some argument to be for fair use in your examples. Making a drawing for your own personal use... even making action figures for yourself... non-commercial... of such characters is generally considered to be fair use. 

 

The problem, which I think you know and have eluded to, is that fair use can be subjective... and generally the what happens is that the less "derivative"... the more accurate digital renderings become, the harder it is to claim fair use. Likewise, what seems to happen is that as even what may be arguably derivative work becomes part of a large group effort.. I think companies see it less as some type of small hobby art done on an individual basis, and moving more towards commercialization.

 

As you said they should have basically kept the membership control a bit tighter.

 

Take the Mayweather Helm as an example, A modeling hobbyist that spends massive hours to make a detailed model won't be challenged under fair use. Even if they sell it. We see this everyday on eBay with custom action figures. Basically they are considered to be one of bits of a art that er derivative works. But put effort into making a a 3D printable model that you now even give away for free so everyone can make their own Mayweather Helm... and you'll probably be told you've violated the fair use because now your not making one off derivatives bits of art. 

 

As described, what really needs to happen is companies, like CBS, need to come up with modern ways to let people license the property. Because if 20 people made maywether printable models and could offer them up for a small fee, where they and CBS get some compensation for their work, I think everyone would benefit.