Legal Issues
The attitude of the Star Trek copyright and trademark holders toward fan works has varied over time. In early 1996, Viacom (which purchased Paramount in 1994) sent cease and desist letters to webmasters of Star Trek fan sites that contained copyrighted film clips, sounds, insignia, or other copyrighted material. In the lead-up to the release of Star Trek: First Contact, then-president of Paramount Digital Entertainment David Wertheimer stated that Viacom was targeting sites that were "selling ads, collecting fees, selling illegal merchandise or posting copyrighted materials." Under threat of legal action, many Trekkies shut down.
Jennifer Granick, a San Francisco criminal lawyer who went on to champion cyber rights, felt that the unofficial sites should be covered by the fair use doctrine in U.S. copyright law. In 1998, then-UCLA associate professor Howard Besser claimed the entertainment industry as a whole was, and cited Viacom's actions toward Star Trek site webmasters as an example of, "exploiting concerns over digitization and attempting to reshape the law by strengthening protection for copyrights holders and weakening public rights to access and use material."
Star Trek fan films have, until recently, operated in an informational vacuum, since Paramount has made few official statements regarding their existence. Fan filmmakers have generally kept a low profile, hoping not to draw attention to themselves. However, with the demise of Star Trek: Enterprise in 2005, the fan film community began drawing more attention in the media, and even a certain amount of recognition from the entertainment industry.
Star Trek: New Voyages, one fan series, has established an understanding that Paramount must be properly credited as the owner of Star Trek-related intellectual property.
Read more about this topic: Star Trek Fan Productions
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