This short film series has garnered millions of views and Kirby has even spoken on the TED stage. Back in 2010 I interviewed him for one of my older podcasts, and I later contacted him about his use of Tarantino movie clips, as well as music usage (where he used parts of famous songs to illustrate, coincidentally, how musicians sample songs). Kirby told me he did not get permission from the studios or labels to use those clips.

You know what he did do? He followed the guidelines of the CMSI’s The Documentary Filmmakers’ Statement of Best Practices in Fair Use. In fact, he was the first person to ever refer me to the work of Pat and the CMSI.

Intellectual Property

Intellectual Property (or “IP”) is a physically intangible item of value based on ideas, computer code, trademarks, copyrighted stories and characters, etc. For many companies, their IP is their primary product. So, it stands to reason, they go out of their way to protect that IP.

But filmmakers are nerds. (You’re reading an article by a huge one. A nerd that is). Hence the fan film.

Fan service

YouTube contains tens of thousands of fan films. Media created by fans of a piece of IP wherein they use that IP to make their own films. (Some have jokingly argued that this season of “Game of Thrones” is a glorified “fan film” vs. an adaptation because George R.R. ous Song of Ice and Fire series upon which the HBO series is based. But, again, don’t get me started.)

Based on my understanding of fair use and copyright law, just about every single instance of a fan film is a copyright violation. They are not necessarily making money from these films; but for the most part, the films are not making any kind of commentary or critique on the IP. (more…)