Lot of panicking going on right now, and rightfully so. After years of the careful and unspoken "we won't notice fan-made stuff as long as it doesn't compete with our own merchandise, should we ever get around to making any" attitude from FOX and Universal, a conflict has arisen and a heavy hand is making itself known. No longer will fans get away with their own Serenity logo T-shirts or barely-Photoshopped crewmember designs. It's not worth the hassle and Universal is well within their rights to block such things, even though in the real world I suspect this will end up costing them a lot in good will and fan backlash.
So, they can take our ship and take our crew and leave us to buy whatever licensed items are left over. But, and this is an important but, they can't take the 'verse from us.
I see it as a challenge. Can we move on and create artwork and graphic designs that represent what Serenity means to us without actually referencing the movie or its characters? I think we can.
Let's make our own crews, our own worlds. The juxtaposition of the old west and space is not copyrighted. Nor are courtesans in futuristic settings, beat up spaceships, pretty captains, crazy telepaths, cliche-breaking funny drama, or even the Papyrus font (well, not the free version, anyway). Don't make a poster of Mal. Make a poster he'd hang up, instead. Show us the glory and freedom of flying through the black but use your own ship design. Can't use Blue Sun? Fine. Invent their competitor.
Such designs will not sell as easily as Serenity stuff does, obviously. No built-in advertising, no already-known symbols and catch-phrases. They won't help promote the show or the movie as well. And for many of us, such creations simply won't be as satisfying because we fell in love with this ship, with these people.
But I don't want this recent legal action to mean I'll never see any more 11th Hour artwork ever again. Running this site I've gotten to see the work of many insanely talented people, and I want more. Let's go find it.
And you know what? I bet it'll be cooler, funnier, and better than whatever Universal finally produces.
I'll take that challenge!
Yay!
I honestly don't know what to say. I won't complain, because I know it won't do any good.
I have faith in us Browncoats.
We're Browncoats. We've proven we can take whatever the 'verse throws at us and not only survive but flourish. We can do it!
Thanks Chris, for the cheer up and kick in the pants! Yep, I know we can be creative and do something a little different, but that still captures the feel. I'm not ready to give up on it all yet (like quotes, etc.), but I think we can move into a new era of fan products. I've been trying to come up with some things that are a little more subtly related to the 'verse and it's been difficult, but I think there will be some new things coming out on the horizon.
Thanks again for reminding us why we are mighty and just what we can do if we put our minds to it!
Yay for the St. Crispin's Day speech! It's definitely inspiring and yes indeed, we're Browncoats (1)!
(1)even though I'm a far better shopper than artist:)
BTW, I shouted out Serenitystuff in my LJ if you want to see:
http://jessicamelusine.livejournal.com/820882.html
FOX can't take the sky from us!
"And you know what? I bet it’ll be cooler, funnier, and better than whatever Universal finally produces. "
Amen to that! Still, it's pretty sad Universal did this.
I have to say that the C&D's dont disturb me as much as that demand for 9000US from 11th Hour. That just gets my goat, but I appreciate the postivity. I dont produce anything and I havent bought much, but in the future, you can be damn sure I wont buy any more licnesed product from Universal. And in terms of quality and creativity, as I commented with someone, there is no way any company( a certain store that rhymes with bot copic) can compete with the creativity of the browncoats. Count me in for buying 1 or tw othings of this next generation of merchandise.
I hope you didn't mind, but I posted this on whedonesque.
I'll see that challenge. I'll use faces and names of family and friends in Sci-Western settings!
We are just too pretty for Joss to let us die!
Hey, hey tone down the hostility….I want another BD Movie and it seems I just sent a BD Thank You to these cretins…Goram It, can we even call ourselves BROWNCOATS without their permission??????
So who's going to start up the website for the future-western fanfic? I can't draw a good circle to save my life more less a perdy logo like the lot of you can create but I figure if artists get hit….the writers might not be that far behind.
I'm good at word documents…graphic design? Not so much. Set up a place I can post a story to, draw me some pretty pics with a caption underneath and I will start writin' the stories. PG to NC-17; makes no matter to me. I'm on board if you'll let me on this ship.
we'll do what we must.
Amen, Brother!
I'd like to point out the efforts of other folk already doing this: the Into The Black crew, over at http://www.intotheblack.ca . They're working in the same 'verse, but with a different ship and crew, and by God they're making a TV show! Drop on by and show some love and support. Maybe they'll sell you a T-shirt or somethin'.
My own creative efforts have included two full Firefly novels and the beginings of a post-BDM novel (all can be found here: http://www.fireflyfans.net/fulluserbluesunlist.asp?un=ScrewtheAlliance ). In exploring the crew's adventures, as close to series/movie canon as possible, I've created whole casts of new characters, some of them wildly popular, as well as other elements I wouldn't mind seeing on a T-shirt.
But all of this is besides the issue. I feel betraed and used by Universal, almost as much as Fox. They pimped us out when they wanted our help, and now they strike at the best-and-brightest creative element of the most dynamic and original fandom to arise in years. Joss, if you read this, try throwing open a FF-related 'verse for public use, maybe seeding it with a few of your own stories. I know your hands are legally tied with the BDS/BDM, but you, and you alone, own the creative rights to the BD 'Verse. Let us come and play, and we will follow you to hell and back. Only not in that kinda tacky Buffy way.
ScrewtheAlliance
This entire situation makes me very sad.
I, along with a lot of other dedicated Browncoats, went to a lot of trouble to launch the Anniversary Job back in September. We sent e-mails and letters to universal, Thousands of them, to simply say "Thank You" for making the BDM. Several of my friends from that project created bigdamnthankyou.com, which does the same thing. I was delighted to contribute to that as well. I have no regrets about that; we did the right thing, the polite thing.
Universal, while entirely within their rights as Copyright holders, did the wrong thing, imo. They see the Merchandisers they've targeted as competitors, as rival companies abusing their personal property. Their focus is too narrow to see that these are NOT companies. They are Fans. They are Browncoats, and when you attack one of the Family, it's hard for us to see it as anything but an attack on the entire family.
I still appreciate that Universal believed in Joss and made the film. I still say "Thank you". But gorramit, Universal… there are better ways to say "You're Welcome"!
TD/Tim Brown
I wish Joss could somehow help with all of this.
"Lee Assef Says:
October 25th, 2006 at 9:28 pm
I wish Joss could somehow help with all of this."
If I'm not mistaken, Joss may have created The 'Verse…but Fox and Universal own it.
: /
For me the 'verse was about family and we included Universal in that family, well screw them they aren't getting any more of my cash and neither are any of their licence holders, they put their pockets first and this is the only way I can hit them in that pocket – it may be a small gesture but it's as much as I can do.
As I've posted on another board this has killed the magic for me, never before (in 48 years of genre fandom) have I ever been drawn to attend conventions, get autographs, buy merchandise etc etc it's not a family now it's a cash cow that has a constant legal threat hanging over it's head. People have said we need Universal/Fox more than they need us – not true they need us to spend our damn money on their products well not me, I won't refer to myself as a Browncoat now that was an illusion – I hope the magic will come back but for now the 'verse is just another TV series and spin off movie that ran it's course.
The Browncoats were on the losing side during the war but it wasn't the wrong side to be on. The same is true here, we can't fight the Alliance but we can get our own ship and sail the black. And as the "Alliance" push out further then so can we. We have to keep flying, we have to stay positive. If you cant run anymore you crawl, if you cant crawl… You know the rest. This is not the end! Browncoats for ever, we are the indepenents!
At a quick count I see seven references to to Fox/Universals IP in EvilEve69s mail – expect a c&d plus a retrospective bill for $20k by return of post.
AmazonGirl Says:
October 26th, 2006 at 12:20 am
"If I’m not mistaken, Joss may have created The ‘Verse…but Fox and Universal own it."
Oh believe me, I know.
And it was very naive of me to state that. But I'm a sucker for a lost cause. And our man Joss seems to be the King of the Lost Cause. So there was that naive sort of hope I often believe in.
This really puts it in perspective how little power a show/film/book/music creator really has in reguard to their creations. You may have made it. You may have created it. But that don't mean you own it. :/
I cannot begin to imagine how betrayed 11thhour feels after all she did for the 'verse. Serenity Valley indeed and High Command has told us to lay down our arms. But that's not Firefly and that's not Browncoats. Let's head into the black and keep flyin'. Our loyalty to each other is strong.
I know what I have to say will not be popular but here it is. When it all boils down to is this, Firefly is an IP (intellectual property), the only way to expand an IP is to defend it. If Universal doesn’t defend it then they cannot sell it, license it or expand it. I think we should be grateful that they let us do what we’ve done for the past few years and look at ways to support the IP without infringing on it. The main value of the IP at this point is us. Browncoats. To attack Universal at this stage would only diminish the value of the IP and Universals ability to expand it. It comes down to a matter of trust. Universal has gone out on a limb for us before and if they’re doing this now, there has to be a good reason. I for one am willing to trust them at least till the end of the year. Then if their actions don’t prove to be for the betterment of the Verse, then we burn them at the stake. As for 11th hour, I think we should setup a Paypal donation site to help her pay the fine Universal has imposed. She’s done a lot for the community and could really use our money as well as our support.
What Universal has done may be a harsh blow but we are still flying. It may not seem like much, but it’s enough.
I don't agree that Universal's actions are appropriate to the "crime".
FOX is looking like the good guys now, because they only sent C&D's and even gave the recipients time to wind down their operations.
The idea that any penalty whatsoever should be levied against one of the most energetic boosters of the Firefly/Serenity property is an abomination.
My hope is that the financial penalties are a threat and won't actually be collected if all the C&D elements of their notice are adhered to.
The C&D's had me a little riled and disappointed, but the actual financial destruction of an ardent fan and booster of the property being "protected" is a morally untenable act. I'm not one to cut off my nose to spite my face, but if the 'verse owners are rewarded with acceptence and financial gain for this action by the Browncoats; well, it kinda sullies the whole "little guy" concept behind the movement in my eyes.
Far as the donations to pay fines for 11th Hour, I agree that she will need the fan community's help to meet a fine that would be nothing for a corporation but would wipe out an average American. But it feels like the lawyers have hit on a legalized extortion scheme, to me.
Save your crew and then melt away.
Unless ya got a whole fleet of Reavers to back you up, of course.
Has anyone other then 11th hour been fined? The reason that I ask (and correct me if I’m wrong for I often am) is that 11th hour did official licensed work for the RPG, and had to sign a contract to do so. Thus, any unlicensed work that knowingly used official assets or derivative assents of the IP would have been a violation of that contract and is an actionable offence. Leaving Universal well within their rights to fine for it as it is a breach of contract and not just an infringement on an IP. So, has anyone else been fined?
There is no question that Universal has the right to do this, and the duty to protect the value of their licenses.
It's the heavy-handed manner, when it wasn't necessary, that's causing the outcry.
I think this is a good idea, but I thought derivitive works are still protected under IP laws. I think it would be cool if the fans got together and bought the rights from Universal and then released it into the Creative Commons with the provision that profits to to Equality Now.
Outlandish? Yes.
Actually, HERE'S outlandish:
Why don't the Browncoat vendors pool their money and resources, create a shell corporation, purchase licensing rights from Universal under the corporation, and then have their "subsidiaries", i.e., their private businesses, such as Black market beagles, 11th hour, Blue sun, etc function as the "manufacturers" and "distributors" of the Corporation. Each "subsidiary" could kickback, say, 1% of their income to the Corporation, which would then apply that money to corporate taxes, future licensing, charity, a fund for the next BDM… whatever. That way, Universal gets it's legal share and the fans get to do what they love to do: celebrate Serenifly.
Yes, it's nuts. But it's a thought.
I'm taking that challenge too, except not in the art work/graphic design way. More in the "I want to experience the 'verse again" way, and as such, I've been working on a rather large role playing game project the past several months.
I'm getting to the point where enough of the groundwork has been laid that it's about time to pull in some extra minds, and some extra help. If anyone out there has any interest in online-based RPG's (and I don't mean video games), and wants to maybe help out with the development of a big one inspired by a certain east-meets-west-in-space theme, or just wants more information as to what the hell I'm talking about, email me at tyshalle83@yahoo.com and we'll talk.
I for one am all for the idea TB in fact I would even sugest setting up a Paypal account to help. I would love to do it but OI lack the knowledge. I am also for the "11th legal defense fund" maybe we can get some lawyers of our own. I t has been my experience the most browncoats are well read, intelligent is not a little anti-social. maybe there are a few legal beagles (hopefully not the black market kind) out in the verse to help.
You cant C&D the signal
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