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Star Wars Prequels Media Movies

Lucas Restricts Fan-Made Films To Documentaries, Parodies 236

garagekubrick writes: "A great piece at the Houston Chronicle discusses how the community of fan made Star Wars films received a boon in December when Lucasfilm loaned their sponsorship to the event, and George Lucas himself would be a judge. Unfortunately, they've limited the contest to parodies and documentaries, thereby shutting out hundreds of entries. As a Lucas rep says, 'if in fact somebody is using our characters to create a story unto itself, that's not in the spirit of what we think fandom is about. Fandom is about celebrating the story the way it is.' Pretty rich coming from the filmmaker who constantly cites greed as being the root of the dark side, and who keeps discussing the liberating values of digital filmmaking. Guess as long as it doesn't hurt his Empire..."
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Lucas Restricts Fan-Made Films To Documentaries, Parodies

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  • by alen ( 225700 ) on Saturday April 27, 2002 @12:28PM (#3421088)
    Part of it could be legal. If he allowed it once, he wouldn't be able to fight true piracy in the courts later on. Kind of like people have to pay to sell a book that takes place in the SW universe. If he allowed royalty free once, it may not stand up in court the next time.

    But Lucas is the king of special edition versions. Each of his movies have appeared in so many various special editions and formats that the fans must have paid many times over for each of the movies. The RIAA and MPAA must be envious.
  • by ArsSineArtificio ( 150115 ) on Saturday April 27, 2002 @12:39PM (#3421129) Homepage
    Lucas' attitude is the proper one.

    Parodies are legally protected speech (subject to a few tweaks, etc.). That's why Spaceballs or Weird Al's "Amish Paradise" don't require the payment of royalties, and don't require the original creator's permission. So all Lucas is doing with regard to parodies is acknowledging that there's nothing he can do about them, and saying that he enjoys watching them and so will assist in their circulation.

    Documentaries don't really use copyrighted materials - the story they're telling is not about Luke Skywalker, it's about Lucasfilm (or whomever is the subject of the documentary).

    New non-parody works, though (like fanfiction), which utilize the characters to create original fiction, are legally problematic. If Lucas acquiesced in the creation of these, then he would be yielding his copyright into the public domain. This would be a hugely bad idea for him. (Every movie production company would set to work making cheap-ass Star Wars flicks, to start with.) It would mean he was relinquishing his right to royalties from the use of the characters, etc. He would be insane to do this.

    Unfortunately, there's not much in the way of middle ground, where he could say "well, fans can make little fanfiction movies, but commercial movie producers can't". IIRC, Mercedes Lackey got into a lot of trouble this way once, trying to turn over a portion of one of her fantasy worlds into the public domain for fans to write fanfiction in -- ended up as a mess.

    The best Lucas can do is what he has done here - applaud the parodies and apologetically forbid "Star Wars" fanfiction.

  • by Scudsucker ( 17617 ) on Saturday April 27, 2002 @12:56PM (#3421175) Homepage Journal
    If Lucas acquiesced in the creation of these, then he would be yielding his copyright into the public domain.

    No he wouldn't. Its trademarks that you have to defend or lose. All Lucas has to do is not sue the film makers in question, but that doesn't mean that Star Wars goes into the public domain.
  • by Phanatic1a ( 413374 ) on Saturday April 27, 2002 @01:43PM (#3421292)
    New non-parody works, though (like fanfiction), which utilize the characters to create original fiction, are legally problematic. If Lucas acquiesced in the creation of these, then he would be yielding his copyright into the public domain.

    That is completely and utterly untrue.

    Copyright gives the rightholder the power to determine who does or does not get to create derivative works. Lucas would be acting completely within his powers as rightsholder to say "Okay, you can make these works, that's fine. You other people, you can't make these other works." Being able to exercise control and selectivity is part of the entire point of copyright in the first place; suggesting that actually exercising that control requires the rightsholder to surrender his copyright is just stoopit.

    What you might be thinking of is trademark law, where if you don't actively defend your trademarks, you lose them. Copyright law is entirely different; the only way your work can end up in the public domain prior to the natural expiration of the copyright is for the rightsholder to expressly declare "I surrender my copyright and place this work in the public domain."
  • by Raetsel ( 34442 ) on Saturday April 27, 2002 @02:01PM (#3421351)

    Heh... interesting you should pick that particular reference. I caught the Weird Al episode of "Behind the Music" (I think that's what it's called) on VH1 recently. I remember one part in particular, after they showed Coolio's reaction to "Amish Paradise" -- to paraphrase:
    • "... he must have enjoyed that check we sent him!"
    Coolio did get paid for Weird Al's use of his song. How much, or precisely why, were not revealed. If Coolio was as displeased with "Amish Paradise" as he claimed to be, he could have sued... but he didn't. Parody may be protected, but copyright is copyright -- considering (in this case) the tune, not the words. Weird Al's version is easily identifiable as the same tune, thus would (in my mind, IANAL) require royalty payments.

    Spaceballs is different, I suppose... although using identifiable characters, Mel Brooks wrote his own story -- instead of having to use an existing song. Also, the characters themselves are parodies of the originals.

    Odd how the human mind works -- we can relate things by visual cues easily (a large (tall | fat) furry character, someone wearing a black helmet, Mel Brooks as Yogurt...) -- but to identify similar diversity in music takes significant training. Go figure.

  • by evilpaul13 ( 181626 ) on Saturday April 27, 2002 @02:50PM (#3421518)
    Lucas is legally entitled to do just this. Under US Copyright law, "...the owner of copyright.. has the exclusive rights... to prepare derivative works based upon the copyrighted work"* i.e. Lucas has the sole right to create a sequel, write another Jar Jar adventure, or whatever. The only stuff he's "allowing" is stuff that he doesn't have a legal right to prevent anyway. Commentary and parody are protected as Fair Uses.**

    If you don't like the law, think it is ridiculously restrictive of free speech maybe, then perhaps you should write your Congressman?

    Sources:
    * Title 17 Section 106 [cornell.edu]
    ** Title 17 Section 107 [cornell.edu]
  • Hmm, now where did I put my clue-by-four...

    Only documentaries and parodies in the CONTEST. CONTEST--as in the CONTEST. That is to say, the rules of the CONTEST will be allowing in the CONTEST only parodies and documentaries.

    Why is this? Probably because yes, Lucas doesn't want people telling a serious alternative to his Star Wars universe. I say his because it is his. He created it. He made the original movies. Hie company authorizes all official fiction and technical supplements. It is his creation.

    Now, I will address all the comments I've been reading.

    This does not equal a crackdown on fan fiction. This means that in said CONTEST fan fiction-esque films may not be submitted. No, you will not be arrested for shooting your own film about *your* version of Star Wars. Just don't expect official sanction for it.

    Those of you who expect more: I ask on what grounds do you expect this. George Lucas is under absolutely no obligation to do anything for you. Just as you are under no obligation to do anything for him.

    He is the artist. He is the owner and the creator of the material. Yes, he based it off Hidden Fortress and B-movie serials. However, his story was about some droids, not some Japanese, therefore it is PARODY and not "fan fiction."

    I see many people comparing Lucas to Vader, twisting story dialogue to demonize him...etc. First, I find it quietly funny that you parody Star Wars to attack him, but I digress. Personal attacks, while always modded up on this site, don't accomplish much of anything. Bill Clinton, an expert on personal attacks, said he welcomed them in campaings since that meant his opponents had nothing left.

    All this is a long way of saying RTFS. This is a contest in which certain types of films will be allowed an other types will not. You might as well flame the Obfuscated C contest for not allowing your "elite" Visual Basic program.

    Thank you and good day, ~Chazzf

  • by autopr0n ( 534291 ) on Saturday April 27, 2002 @07:18PM (#3422421) Homepage Journal
    If he allowed it once, he wouldn't be able to fight true piracy in the courts later on.

    GOD DAMNIT! WHY DO PEOPLE BELIVE THIS!?

    That's just not true. If you don't protect a trademark, you can lose it. The same is not true w.r.t copyrights or patents!!

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