Metroid Fan Film Kickstarter Taken Down Over IP Dispute With Nintendo

August 23, 2013 - Andrew Eisen

Can't say we didn't see this coming.

Two weeks ago, a Kickstarter went live with the hopes of securing $90,000 to make a not-for-profit short film based on Nintendo's Metroid property.  Naturally, many assumed the big N would swoop in and squash this project just like Square Enix did earlier this month when someone tried to crowd fund a Final Fantasy VII web series.

Maybe "squash" is a strong word.  Perhaps the IP owners and the fans are simply having a heart to heart over what can and can not be done with those projects.  Regardless, the Metroid fan film is now the subject of an intellectual property dispute and as such, the Kickstarter has been removed (at least for the time being).

"The 'Metroid: Enemies Within' film, story boards, and related materials are unauthorized derivative works that infringe Nintendo's copyrights in its Metroid property," reads the Nintendo's DMCA notice.

Prior to Nintendo's copyright claim, the Metroid Fan film managed to garner just slightly north of $20,000 with 15 days left to go.

-Reporting from San Diego, GamePolitics Contributing Editor Andrew Eisen liked Metroid: Other M


Comments

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

Revenue generation and profit generation are separate things. If its not generating a profit it can do no harm as nothing is stolen. Therefor IP protection should be limited to profit generation.

 

At the end of the day the burden of proof is still on the little guy but at least you will have more content generation and with that has to come more profit, then again the profits they get now are at near gun point.


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

Step 1: Steal another person/companies IP to do what you want without permission or paying for a commercial license (if one is asked for)

Step 2: Do a very public campaign to get money for it. (State that it is not-for-profit, but then you have to prove where every penny went otherwise you may have made money off of it and are regardless getting money from people to deliver a product using said IP without permission).

Step 3: Expect it all to just work out "because"

Step 4: Have people get upset that the person you took the IP from said no, when everyone already knew they would.  

This isn't just a Nintendo thing either.  Microsoft has shut down Halo projects (like Halo: Faith), Square-Enix recently shut down a Final Fantasy film,etc.  It's a fine line between allowing fans to do what they want and maintaining control of your own copyright.  Same reason Square also shut down the printable FF7 toys recently.

Zen aka Jeremy Powers
Editor and Host of the Zenspath Podcast (now on iTunes)
www.ZensPath.com
XBL: "PsychoticZen" PSN: "Zenspath"
Nintendo Network: "Psychoticzen", 3DS: "0860-3238-7260

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

Oh look, Zen coyly made a list in response to my own list. 

1. Oh, lord, this again. Stealing implies that the original owner no longer retains ownership, unless you want to argue that a Metroid fan video someone how prevents Nintendo from developing Metroid games. It's disingenuous and inflammatory to call it stealing, especially because IP isn't tangible. Also, you might want to look up fair use. 

2. The money goes to the Kickstarter project itself. That's the purpose of why Kickstarter exists. None of the money goes to the project owners, and just assuming it will is calling guilty until proven innocent.

3. How about expecting the owner of the IP to not be a monumental prick about it?

4. I'm sorry, how have the project owners been "having" people get upset? People can be capable of getting upset on their own, especially when Nintendo shuts down a fun, promising project that ultimately is no threat to them (see below).

How exactly do free, nonprofit videos - made by nothing more than some nerds with time to kill and for which a valid claim can be made for fair use - jeopardize the profit, revenue or well being of multinational, multimillion dollar corporate entities? Clamping down on things as completely benign as fanfiction or fan videos - even if you could argue that they aren't fair use - is unnecessary, damaging to your brand, alienating to your most loyal fans, and flat out bullying.

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

In response to 1. Yeah, actually this does qualify as stealing. See that's what happened when they went and sold somebody elses IP on Kickstarter (Which really is what they dud here. Honest. That's what it comes down to.). This is one of the key points behind "fair use". You can make a Metroid Fan Film. You cannot however SELL a Metroid fan film. Nor can you sell the idea of a Metroid fan film. And just saying "Oh it's not for profit" does not make it so. They publicly solicited money over this thing.

This is not the IP's owner being a colossal prick over anything. If they had cobbled together a fan film and put it up on YouTube, so long as it wasn't porn chances are most IP holders wouldn't have cared. (granted this IS Nintendo, who is known for not playing well in that regard, which should have been their first warning sign.) Heck some of them even love that sort of stuff (see Fallout: Nuka break). But kickstarting somebody elses IP? Egads! It would have been legally negligent to their share holders, their IP holders, their employees and their actual fans for Nintendo not to act.

 

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

Ok yeah...I made the list as a jest reply to your own, but you want to punish someone for legally protecting what belongs to them.  So let's break it down in yet another list lol. (couldn't resist)

1. It's stealing if someone uses the IP for their own purpose when the company has the means (and has used them in the past for such things as cartoons, movies, etc based on their characters) to license out their property.  In doing this in this manner, they are neither getting specific permission from Nintendo, or paying the licensing fee that anyone else would have to pay.  I am free to make and sell toys of Nintendo's characters IF I get said license either through permission or monetary agreement.  They did neither. So, stealing.

2. The money goes to the kickstarter group TO START, and then is given to the people holding the kickstarter (be it an individual or group) to use that money as they see fit.  This is either to do what they promised, to modify it in some way, or to just cancel it without having to refund the money.  That is why kickstarter in and of itself is a risk that you have to determine, by your own means, if the chances are great enough to pay the money without a distinct gurantee it will actually happen. I have seen people fall through on their promises either by cancelation or just not getting enough to actually finish it.  The other part of this argument is that even if they DO the movie and happen to not spend the whole amount, what happens to that money?  The amount is inconsequential so much as it would be viewed by others, the IRS, and the law as profiting off of the endeavor by using another companies IP.

3. Actually, we ALL expected this to happen because while it is not pretty, it is what has to happen sometimes.  Before they ever started this they should have checked in with Nintendo and could have possibly gotten their blessing to do this project.  They would have had no worry at that point of legal action, could have used the IP with permission, and any other questions could have been covered.  But by them doing it freely, without permission, they leave Nintendo (or any company/person in this position) in the corner with only one recourse.  If you tried to make a film off of a character that I created and had license deals in place that other paid for, then I would come at you in the same way to not only protect my IP, but also any current or future license deals from feeling cheated.

4.  In doing this, and going public with it, there is no reason (other than complete lack of legal sense) that they would not know that would happen.  They went public on Kickstarter and drummed up support for it.  Of course those people are going to be upset about this, but that does not change what is right and what is wrong. 

I have nothing against fan films or projects being made.  I have seen some fantastic examples of them that either got permission from the creators or funded it themselves without going public to pull funds by using another companies name and IP.  Not for profit aside, this is still them using these names and ideas to pull in funds for a project.  People paid them money for a movie.  They could have kept none of the money and broke exactly even, but they still would have been delivering an unlicensed product to people, good or bad views aside, to the individuals that paid for it along with everyone that didn't.  We don't know what this movie would have entailed.  It could have had subject matter that Nintendo, or even fans, didn't feel comfortable with or could badly tarnish the IP itself.  Nintendo didn't make it, but some people just don't go that far when using something to blame. If I went and did something public and ended up being embarrassing but it was related to you directly, I would have put that view and ideas on you without your permission meaning you had to deal with the fallout while not actually DOING anything with it since I never asked for your permission to use your likeness.

So please, don't call protecting your rights for the IP's and licenses you own and created as "bullying"....it's like yelling at the homeowner because they had the burglar arrested in the act of stealing from your house.

Zen aka Jeremy Powers
Editor and Host of the Zenspath Podcast (now on iTunes)
www.ZensPath.com
XBL: "PsychoticZen" PSN: "Zenspath"
Nintendo Network: "Psychoticzen", 3DS: "0860-3238-7260

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

1. If your and faefrost's issue is that somebody used somebody else's IP without acquiring the proper license and it isn't fair use (again, for which a case can be made), then it's copyright infringement, which is not theft. If it were, Kim Dotcom would be charged with criminal conspiracy to commit theft, and he isn't.

I think a little clarification is in order here. Calling it "property" biases how people think about the concept, but the purpose of "property" and "property rights" was to manage scarce resources. If there's no scarce resource at all, then the whole concept of property no longer makes sense. If a resource is infinite, it no longer matters who owns it, because anyone can own it and it doesn't diminish the ownership of anyone else. So, the entire rationale for "property rights" disappears, as does the rationale for "stealing" someone's idea.

2. Except there's no evidence of fraud or foul play here and you're assuming the money is going to be pocketed without any evidence to support that claim. If fraud occurred, then certainly Nintendo would have a valid reason to go after the project owners because they themselves would be pocketing money from Nintendo's IP. You don't have the right to preemptively arrest someone just because you think they plan on breaking the law.

3.  Nintendo could have easily just let these guys make their video in peace and know that nothing of value was lost to them. Or they could have reached out and tried to take the first steps in negotiating licensing and royalty fees from their side of the table. Don't act like they were chained to a radiator and forced against their will to immediately shut down the project without so much as reaching out to the project owners first.

Again, the temporary monopoly granted by intellectual property is to ensure the creator can make a profit off of his, her or their work. The assumption that a "free" Metroid fan film prevents Nintendo from making a profit off of Metroid is as unfounded as saying let's play videos on YouTube prevent Nintendo from profiting from Metroid Other M, a game that sold quite well, as it happens.

4. You're correct in that they had to know this would happen, but it doesn't make Nintendo's behavior any more appropriate. Nintendo filing copyright claims on Let's Play channels and shutting down whatever Smash Bros. tournament it wants isn't about protecting your ability to make a profit off of your intellectual monopolies.

This isn't about "punishing" people for protecting what they retain intellectual monopoly over, even though that IP monopoly deprives the public of important culture and derivative art. There are ways to protect what legally belongs to you in a copyright sense in a fair, balanced way, by understanding how important it is that the public benefit from the institution of copyright, and by treating the fans who keep you in business with the same respect that you demand of yourself. There's also a way to thuggishly protect the content you have copyright over by being snide, needlessly aggressive, exploitative, and by being Disney. 

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

The fraud was comitted the moment they took the first donation on Kickstarter on the basis of someone elses unlicensed IP. The fraud was committed against the kickstarter donors. They publicly solicited funds knowingly under false pretenses. It does not matter if they don't plan on making a profit. They are at a minimum supporting the costs for their own purposes using these funds. and there is no actual public accounting. You keep saying this isn't for profit? Really? So they have an IRS tax ID reflecting that? They have proven legitimate public purpose? They publicly file all required accounting to support such claims? Or is it simply that they are asking for money on the internet and swearing that they won't pocket it? 

And yes this is considered theft of IP. It's generally a civil matter not a criminal one. Hence Nintendo's actions. You will notice hat there does not seem to be a parade of lawyers lining up on these guys behalf to take this one on pro bono? You understand why right? IP is well defined as "property" under centuries of case law. It is rather clear in this case. Heck the guys making this pretty much invalidated any claims they might have had to it not being "property" when they used Kickstarter. It shows they knew the IP had monetary value. (Notice they did not kickstarter a project called "bad ass space girl fights aliens". They Kickstartered a specifc Metroid project. Showing that they knew the value of the IP.)

The choice to be a dick about fan films is 100% the IP holders. They have a legal obligation to defend their IP. How heavy handed they are in doing so will vary from company to company and case by case. But that is absolutely and totally a business decision. Those using the property to make the films really don't have a lot of rights or protection. Nor should they. Most companies will view fan works as being part of the fan base and not meddle with them unless they run extremely counter to their properties (ie Zelda Porn, etc) or there is a solicitation of funds involved or the assumption of works for profit. Regardless of what the films creators claim, no business would ever assume that what they were creating was not a work for profit, given the mechanisms they were utilizing. And they would be fully justified in this.

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

"The fraud was comitted the moment they took the first donation on Kickstarter on the basis of someone elses unlicensed IP. The fraud was committed against the kickstarter donors. They publicly solicited funds knowingly under false pretenses. It does not matter if they don't plan on making a profit. They are at a minimum supporting the costs for their own purposes using these funds. and there is no actual public accounting. You keep saying this isn't for profit? Really? So they have an IRS tax ID reflecting that? They have proven legitimate public purpose? They publicly file all required accounting to support such claims? Or is it simply that they are asking for money on the internet and swearing that they won't pocket it?"

fraud
noun
wrongful or criminal deception intended to result in financial or personal gain.

As I've said already, if the team raised $90,000 in production costs, and $90,000 went to the film, where is the financial or personal gain here? Moreover, how is this a scam at all if they established that it's a fan film? If it were, Kickstarter would have taken the project down before Nintendo swooped in, and they didn't.

I'm saying that you have no proof they planned on or intended pocketing money. Even looking past the fair use argument that can be made on this project's behalf (which I've covered many times now), this is assuming guilty until proven innocent.

"And yes this is considered theft of IP."

No, it's not. It's considered "copyright infringement of intellectual property". Do you see the word "theft" anywhere in there? For the fifth time, there's a huge difference between copyright infringement and theft by virtue of them being two different things. 

"It's generally a civil matter not a criminal one. Hence Nintendo's actions. You will notice hat there does not seem to be a parade of lawyers lining up on these guys behalf to take this one on pro bono? You understand why right?"

And from what credible source are you pulling all of this information about the ongoing IP dispute from?

"IP is well defined as "property" under centuries of case law."

Citation needed (again). The problem with the property argument is that property solely benefits its owner. Copyright is meant to benefic the public, and I'm not just stating what I think; that's something that's been reiterated by Congress and the Supreme Court multiple times. I can't give you specific case law since you can't be asked to look for your own, but here are a few of my quotes that I've already provided:

"It may seem unfair that much of the fruit of the compiler's labor may be used by others without compensation. As Justice Brennan has correctly observed, however, this is not "some unforeseen byproduct of a statutory scheme."... It is, rather, "the essence of copyright," ... and a constitutional requirement. The primary objective of copyright is not to reward the labor of authors, but "to promote the Progress of Science and useful Arts." -Feist v Rural

The limited scope of the copyright holder's statutory monopoly, like the limited copyright duration required by the Constitution, reflects a balance of competing claims upon the public interest: Creative work is to be encouraged and rewarded, but private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts. The immediate effect of our copyright law is to secure a fair return for an "author's" creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good. - Twentieth Century Music v. Aiken

"It is rather clear in this case. Heck the guys making this pretty much invalidated any claims they might have had to it not being "property" when they used Kickstarter. It shows they knew the IP had monetary value. (Notice they did not kickstarter a project called "bad ass space girl fights aliens". They Kickstartered a specifc Metroid project. Showing that they knew the value of the IP.)"

Your argument here seems to be that production costs correlate with the value of intellectual property, which is ridiculous. If that were true, Rocky ($1 million to develop) would be worth infinitely less than Avatar just because Avatar cost many times as much money to develop. Production costs don't factor into intellectual property and I'm not sure why that's even relevant here.

"The choice to be a dick about fan films is 100% the IP holders. They have a legal obligation to defend their IP. How heavy handed they are in doing so will vary from company to company and case by case. But that is absolutely and totally a business decision."

Sure, it's a business decision how heavy handed companies are in defending their intellectual property, but you're assuming that Nintendo needs to do this. It doesn't. Nobody has answered my question about how a free fan film jeopardizes Nintendo's ability to make money off of the Metroid property.

"Those using the property to make the films really don't have a lot of rights or protection. Nor should they."

This is a dangerous and frankly horrifying assertion on your part. Fair use has been essential in ensuring that derivative art and fan works can be produced even when work is copyrighted. Given the quotes that I just showed you on how copyright benefits the public, it stands to reason that the public absolutely should have robust protections to create fan works that ultimately raise awareness about copyright holders' works and increase their value in turn. I'm honestly a little stunned you went this far.

Most companies will view fan works as being part of the fan base and not meddle with them unless they run extremely counter to their properties (ie Zelda Porn, etc) or there is a solicitation of funds involved or the assumption of works for profit. Regardless of what the films creators claim, no business would ever assume that what they were creating was not a work for profit, given the mechanisms they were utilizing. And they would be fully justified in this."

"For profit"

Thank you for making my point for me. Again, if there's no proof any profit has been made, how is this NOT a nonprofit work?

Also, you'd sound way more credible if you fixed your typos. Just so you know.

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

I never said it was fraud, I was pointing out the risks you honestly have to go over and decide on before using Kickstarter.  I have funded a number of things but always understand, for one reason or another, something could happen that stops it from going all the way.  Look at Double Fine and their kickstarted game...they ran out of money and had to change how it was being handled.  It's called life.  Anyone that invests in something has to know these risks exist. 

And in regards to the issue of them possibly making no money on this as they stated it was a not-for-profit...that is kind of impossible given their own description of what they were doing with the money. The money was to be used to make this movie which includes purchasing equipment and other items they keep after production and thus "profited" from the whole ordeal. They never made a clause or description stating that it would be donated anywhere or what would happen it to.  Just because it may not have been actual money, doesn't mean it can't count as profit.  Another of their "tiers" (which i do not know if it was purchased before this happened or not to be honest) was a person getting the suit Samus would use in the film.  The money may have been going towards the "film" but the law could still say this is the sale of an item based once again on another companies IP.

As for it not being a resource because it "isn't property"...it actually is. This is why it is called "Intellectual Property" or IP. They are making a movie (short or long, doesn't matter) without paying for a license or even getting permission.  Nintendo holds the rights to produce a Metroid movie, so should THEY choose, and can sell those rights for whatever dollar amount to people that want to make it or they can make it themselves. This makes it a monetarily valuable "resource" which they can gain from exercising their "Intellectual Property" as they see fit. If this was made and Nintendo did nothing, then later down the road it could be an issue when they really do want to sell these rights to a company to produce the film.  It could affect the monetary value because there would already by proof Nintendo allowed it to happen with no consequence for NO money.   So it isn't putting a bias on stating what it actually is.  It's no different than saying whoever own Gamepolitics.com has the rights to that site, it's name, and how it is used...including whether someone could make a fan video using their name in a public way without permission or not. 

It's not Nintendo's job to go after them for permission to use their own IP.  The whole idea of doing something and asking for forgiveness being better than asking for permission honestly doesn't work in the real world.  Before they started this Kickstarter and making public announcements about it, they should have contacted Nintendo themselves. Plus, if Nintendo didn't want the movie to happen, then they would have just said no.  That does happen in life you know.

Let's take a look at the recent Mortal Kombat short films as an example.  He asked for permission to make the proof of concept first, was approved, and ended up turning into a much larger endeavor which was backed by WB themselves and is leading into a movie. Everyone was happy and all it took was HIM going to WB first about it.

So honestly, if you are so naive to believe you can do what you want with someone elses IP because you are a fan...and that they should not be allowed or even have it viewed as "ok" to protect their investments and ideas....you should try and make something of your own and see how you like when someone takes it and does what you have no control over and make it public.  

As for the YouTube and Smash incidents, I think people are sensationalizing and making a mountain out of a mole hill.  I had some of my own videos tagged by Youtube in regards to their content detection service, not a direct notification from Nintendo.  The opening screens from Pikmin 3 and music apparently triggered it as well because they had videos claiming that content as theirs.  And honestly, it is...they made it.  The Smash Bros incident spent more time with people screaming about it, than the entire time it took for the incident to happen and fix itself..most of the time before people even heard about it.  Once Nintendo figured out what was going on, they backed off and allowed it to happen with no issue.  More than likely it was a lawyer doing his job and just going overboard a bit.  Once it got cleared up, there was no problem and the event happened with no delay.

Zen aka Jeremy Powers
Editor and Host of the Zenspath Podcast (now on iTunes)
www.ZensPath.com
XBL: "PsychoticZen" PSN: "Zenspath"
Nintendo Network: "Psychoticzen", 3DS: "0860-3238-7260

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

Actually, you did assume fraud. You're making a case for Nintendo going after this project for reasons that profit is being made off of it. Profit is defined as financial gain (emphasis on gain) of what goes into the company or enterprise's pocket, particularly the difference BETWEEN the amount earned and the amount spent in buying, operating, or producing something. If $90,000 is raised through crowdfunding and $90,000 is spent on production costs, and no effort is made to profit off of the completed product, there's no profit. There isn't even any revenue, which makes profiting off of this impossible unless you can prove that the owners meant to pocket some of the $90,000. It's a guess at best.

So because you call something "property", that makes it property by default? How does that make sense? I just explained that the concept of intellectual property is a massive misnomer, and your response was to reiterate that the project owners hadn't acquired the proper licensing. If I take X from you, you no longer have X. It's a scarce, finite resource, meaning it's property. If I take X and you still have X, the resource is no longer finite. Money is applied to it as a resource, but it's no longer finite. That's why the concept of copyright infringement exists separately from theft, but you're using "copyright infringement" and "theft" interchangeably. They're not, and that dangerous line of thought leads to absurd estimations of how much piracy "costs" companies. 

If Nintendo did nothing right now, how would it be an issue, other than the fact that it "could" be? If Nintendo sold the rights to a company meaning to produce a for-profit film, it would be under vastly different circumstances, negotiations, and financial expectations than a crowdfunded fan film for which no profit for the owners can be explicitly proven. It's apples and oranges.

Whose "job" it is to initiate copyright discussions is a straw man argument that misses my point. Your assumption is that Nintendo was somehow boxed into a corner and forced to bluntly shut down this project, as if Nintendo had no other option. A company of Nintendo's immense resources had plenty of options. They had the option of sitting down at the table with the project owners, even if I accept your argument that this isn't fair use and that the project owner should have asked for licensing permission from Nintendo (which I don't). 

I'm also not sure why you're giving Nintendo so much leeway for its own copyright abuses when the chilling effects of heavy handed copyright enforcement have been widely covered. Consider this quote from Ars Technica: (source: http://arstechnica.com/gaming/2013/07/why-nintendo-can-legally-shut-down-any-smash-bros-tournament-it-wants/)

"They were not only trying to shut down the stream, they were trying to shut down… the Smash portion of the event," Cuellar said. "They didn't present us with any options to keep it open, they were just like, 'Hey, we want to shut you down.'"

This Metroid fan film follows other incidents in which Nintendo wasn't interested in discussing copyright licensing or even making sure something was fair use before uniliterally deciding to shut it down. Yes, Pikmin 3 content was made by Nintendo, but you're still putting aside all concepts of derivative art and fair use, which is particularly ironic since, despite what the MPAA tells you, copyright is an institution designed to benefit the public in the end run. At least in theory.

Lastly, let's cover your ad hominem argument about me being "naive". No, I don't think people can do whatever they want with someone else's work, and that's a presumptuous and baseless personal attack. I said that extensive leeway should be given for fair use and derivative art, especially given that was there was no evidence of profit being made off of this fan video, and you can't conclusively state that there was. Fair use exists because of its importance of the public benefitting from copyrighted work, because like it or not, copyright's sole purpose is to benefit the public. Don't take my word for it, the Supreme Court has reiterated this a dozen times:

"It may seem unfair that much of the fruit of the compiler's labor may be used by others without compensation. As Justice Brennan has correctly observed, however, this is not "some unforeseen byproduct of a statutory scheme."... It is, rather, "the essence of copyright," ... and a constitutional requirement. The primary objective of copyright is not to reward the labor of authors, but "to promote the Progress of Science and useful Arts." -Feist v Rural

The limited scope of the copyright holder's statutory monopoly, like the limited copyright duration required by the Constitution, reflects a balance of competing claims upon the public interest: Creative work is to be encouraged and rewarded, but private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts. The immediate effect of our copyright law is to secure a fair return for an "author's" creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good. - Twentieth Century Music v. Aiken

I'll leave you with this: How do you know I haven't created work of my own?

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

"Let's take a look at the recent Mortal Kombat short films as an example.  He asked for permission to make the proof of concept first, was approved, and ended up turning into a much larger endeavor which was backed by WB themselves and is leading into a movie. Everyone was happy and all it took was HIM going to WB first about it."

Actually, no.  Tancharoen made the short without permission.  He made it with his own money to use as a pitch for a new movie.  WB said no but did let him do a web series.

 

Andrew Eisen

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

True, WB let him do the web series to build up interest, launched it on Blu-Ray/DVD (picked mine up lol), have started season 2 of the series, and have signed him on as the director for the feature film.  It already has a budget attached to it and a 2015 release date set. 

But it was still made out of his own pocket and brought to WB to make a larger project. He didn't go public and use WB's IP to drum up money for his project.  The Metroid people could have taken the test footage and concepts to Nintendo for the same reasons and could have gotten permission.  But with them getting funds by using Nintendo's IP publicly that gets into the whole issue itself.  Even if they managed to do the "not for profit" part, they still would have gained equipment and such as "profit" from the money they gained by using the Nintendo owned IP.  

Zen aka Jeremy Powers
Editor and Host of the Zenspath Podcast (now on iTunes)
www.ZensPath.com
XBL: "PsychoticZen" PSN: "Zenspath"
Nintendo Network: "Psychoticzen", 3DS: "0860-3238-7260

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

I think I am more surprised it took this long than that it happened.

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

Step 1: Alienate fans dedicated enough to make a (free, if I recall) fan video

Step 2: Watch wave of bad press ripple throughout the Internet

Step 3: ???

Step 4: Profit

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

If it was a free video, why'd they need $90k?

--- With the first link, the chain is forged.

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

To cover production costs.


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Metroid Fan Film Kickstarter Taken Down Over IP Dispute ...

...which they're getting directly from the target audience.

Doesn't sound free to me.  It sounds like it costs $90k.

--- With the first link, the chain is forged.
 
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