The BSFS site and it's spinoffs are a wonderful place for content creators and their potential fans to see upcoming and ongoing work before people 'blow-up'. The depths of creativity I've seen here is deep and just hanging around here has upped my game to new levels.
However, there is one major problem I see here and it's rampant like any pandemic that ever plagued mankind. It's an insidious disease that can not only ruin careers, but lives as well. What could this horrific malady possibly be? Copyright Infringement.
I see it in the artwork, photographs, book and movie trailers each time I log on. Right off the bat, I can say with certainty a small number of you believe you are working under the Fair Use Guidelines and the majority are just using what you think is cool! Oyveh! (and I'm not remotely Jewish....) As someone who makes his living and has worked in content creation for more than 20 years, I beg you all to please... stop!
Just off the top if you've paid any attention to the news or noticed on YouTube, videos are constantly getting pulled and people are getting nailed for copyright violations in growing numbers. It's not just because of the 'evil corporations' (though they do play their part), it has come to the attention of content creators that their work is being distributed whether for free or commercially without their expressed permission.
People online (and I'm just as guilty) act like bears in the woods when it comes to what they see and hear. Just like a bear rolling up on a camper's cooler full of food, it thinks it can just take it cause it's a bear. The only way to 'reason' with a bear in that situation is to give it a reason to stop. There are stiff penalties for copyright infringement that can stop you (the bear) dead in your tracks. Those penalties work both against you and in your favor depending on which end of 'the trap' you're on.
These days, the law looks harshly on potential infringers and your belief you are within Fair Use Guidelines is a piss-poor defense when hauled into court. The burden of proof for the aggrieved copyright holder initially falls upon them to provide evidence they do have such rights. When they do (and most often they do), the full weight of the proof unknowing or willful infringement falls completely upon you.
God forbid that you are found guilty of let's just say 'unknowing infringement' (good luck with that BTW), the copyright holder can have you legally ordered to shut down any website or other distribution vehicle (i.e. magazine, tv or radio program) until all references and instances of infringement are removed. So that means your YouTube Channel and what not goes offline until all the materials are removed, often not by you.
Where your problems go off the rails comes in if there's money involved. Of any amount. That falls into commercial infringement which means you are making money off someone else's work without permission or compensation. This would be a good time to raise shields if you have them.... At the minimum, for unknowing infringement (like I said, good luck getting that one) penalties start at $200 and max at $30,000.00. Okay, if all your ship's systems are at 50% or less after that hit.... For willful infringement, the max penalty is $150,000.00! If you are sitting in the Captain's chair looking out into space because your bridge is half gone, standby.
Whether unknowing or willfully infringing the aforementioned penalties are per work. That means, if you only have one instance of infringement (say one magazine with a photo you didn't get permission to use) that's one instance of infringement. Here's the part where what's left of you and your remaining vessel get blown out of the sky. If you have more than one instance of infringement (i.e. 10 copies) that's however many instances of infringement (10x $150,000!) So in a trailer with 5 clips and dozens of photos, even if you can manage an unknowing verdict (which is highly unlikely in today's legal climate), you could be in for millions of dollars worth of fines if it goes viral and brings in any money whatsoever!
Now, the best way to avoid all that is to either use materials you've created (and registered) and or use commissioned or get permission to use works created by others. Now, right off the bat don't even think about calling any Hollywood outfits or well-known musicians to see if they'll let you use their stuff. 9.99999% of the time the answer will be 'No' if you are able to contact anyone at all.
There are plenty of unknown creators of high caliber out there (many of them here at the Society) who are willing to cut a deal. Tap them first. You'll be all the better for it. If nothing else, look at it this way; imagine you've put your hard work and effort into creating something and then see online someone has not only hijacked your joint, but are banking on it without so much as a 'how do you do' to you. No doubt you'd be on the horn trying to get a good copyright attorney who can smell blood in the water!
Now, as a caveat I will say that you can use copyrighted materials for demonstration materials, like pre-visual tools (storyboards) and educational multimedia. Don't post your pre-vis stuff online, because it may attract attention you don't need. If your education materials are for a class, the rules get murky so I don't recommend putting that stuff online either.
Do yourself a favor and take the time to check out what constitutes Infringement and Fair Use by going to the US Copyright office online and read through their short versions. Worth the time if it keeps you from making a costly mistake! Above all else, keep those ideas and your creativity flowing and continue to do the work. Just be smart about what elements you incorporate into it and know for certain where it came from and whether you have the right to use it.
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