Star Trek Continues: The White Iris
Posted 01 October 2018 - 11:19 AM
Posted 01 October 2018 - 04:38 PM
Well... I think that type of thing would be a licensed product wouldn't it?
Posted 01 October 2018 - 05:26 PM
Posted 02 October 2018 - 05:26 AM
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.
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