Firefly Fans Fight Back Against Universal

Gossi writes "What happens when a film studio and a fanbase get into bed? Fans of Joss Whedon's Firefly, and the movie by Universal Studios — Serenity — are not amused. After being encouraged to viral market Serenity, the studio has started legal action against fans (demanding $9000 in retroactive licensing fees in one case and demanding fan promotion stop), and going after Cafepress. The fans response? Retroactively invoice Universal for their services."

Comments

Missing the point

[Anonymous Coward]

From TFA:

In other words, this site should not be taken as an attempt to actually bill Universal Pictures for all of our time, energy, and effort, nor encouragement for any fan do try to do so. We just believe that there is a point to be made.

Fanbase Overboard?

[fohat]

It seems to me a case of some people going a little overboard with the whole "promote" idea. In this day and age, you can't use a corporate trademark like that and not expect some kind of backlash. Kudos to the fanbase on the other hand for getting the word out there about this fine show(s).

Re:Legality?

[Compholio]

I don't know how legal this would all be considering there was not initial contract or bid for services... but just the same: fuckin' ballsy response guys... I love it! I'm a little jealous though, as I'd love to bill a client for over a million someday... well, before a million isn't worth anything.

They're not actually billing them, if you read the site it says they're trying to make Universal aware of all the time and energy people have put into promoting Serenity/Firefly* without expecting any monetary return.

* Serenity and Firefly are the intellectual property of "Universal Studios Licensing, LLLP" ;)

Boycott

[ronanbear]

I just went onto the universal studios website to find out what movies to not watch. Shouldn't have bothered.

The Black Dahlia
Man of the Year
Idlewild
Accepted
Miami Vice

You, Me and Dupree

coming
Lets go to Prison
The Good Shepherd
Children of Men
Alpha Dog

Invoicing?

[teslar]

The fans response? Retroactively invoice Universal for their services."

Wrong. From TFA:

In other words, this site should not be taken as an attempt to actually bill Universal Pictures for all of our time, energy, and effort, nor encouragement for any fan do try to do so. We just believe that there is a point to be made.

Here's a tip

[Anonymous Coward]

Here's a tip for those of you who don't get it. Viral marketing means promoting via word of mouth/press. It does not mean I can take copyrighted/trademarked material and sell it for my own profit. Otherwise I'd be running around selling DVDs of my favorite movies and shows and claim that I'm "marketing" it for the studios.

if they ever try to send this invoice

[superwiz]

They will be guilty of fraud. Doing something for someone does not entitle you to compensation unless you have a prior agreement that these actions will be compensated for. This is equivalent to me showing up on your lawn, mawing it and sending you a bill that I deem is fair. You didn't agree to pay for before hand, so you don't owe the money. Billing someone for the money they don't owe you is fraud.

Re:Serenity

[Udo Schmitz]

And here's what Joss thinks about "free advertising" (It's an excerpt from an interview, posted by original submitter gossi at Whedonesque):

Q. You've also done an absolutely smashing job of ignoring the massive amounts of bootleg "Firefly" fan merchandise. I'm thinking specifically of BlueSunShirts.com... [now closed -gossi].

A. I'm a Deadhead, and where I come from, bootlegging's a good thing.

Q. If the movie's a hit, and more official merchandise starts coming out, do you think there's going to be a crackdown?

A. I have no idea. I never have a piece of merchandising; I haven't reached a place in the Hollywood DNA chain where I can actually ask for that. So it's not like I'm losing money. But even if I was? You know, I'm doin' fine. I have a job. I'm doing just fine. And the fact that people are making this stuff? You can call it "bootlegging" or you can call it "free advertising."

Q. Let's hope they keep calling it the latter.

A. You can also call it "the fact that people are taking it to their hearts." It's no different than fan fiction or any of these online communities. It's important to them and they wear it -- and that makes me proud. And I don't give a good goddamn who's makin' money off it.

Q. Now, do you have a favorite piece of fan -- I'm sorry, "free advertising"?

A. [laughs] A favorite.... You know, I have to admit, when I first saw the Blue Sun t-shirts, I thought they were pretty cool -- because it didn't announce itself, and I think it had a really good logo.

Re:Serenity

[Gossi]

Here's some hilarity - that interview was published under a picture of a Firefly fan poster. Designed by 11th Hour. The person being sued by Universal.

Also, some of 11th Hour artwork was used in the prepublicity material from Universal, and it's seen on the Serenity DVD in the special feature on fans.

None of 11th Hour's artwork is from the movie. It's all original. It doesn't feature characters, screen shots or anything like that. You can view it here: http://www.cafepress.com/11thhourart.

Basically, what's happening here is slightly retarded. Universal's lawyers are digging themselves into a hole by not understanding what they are doing in the scheme of things.

Comment from an attorney

[Damiano]

Looking at the postings and the takedown notice, it seems that the person being threateded with legal action might have a strong position.

Yes, they are clearly creating derivative works and would normally be violating Universal's copyright. However, it seems that Universal specifically was encouraging fans to create derivative works to promote the release of the movie. I would personally subpoena every document involving the viral campaign and look for language that I could use to prove a grant of license to the fans.

Disclaimer: I am not your attorney, I am most likely not even licensed to practice in your state. This is simply an academic discussion.

Summary makes no sense!

[Bob Hearn]

"After being encouraged to viral market Serenity, the studio has started legal action against fans"

I hate what the Internet has done to basic language skills.