The Legal Situation of Fan Works - Copyright and Fair Use

Fan fiction and fan websites are more than just hobbies - they are cultural lifeblood for franchises like Star Trek. For decades, passionate fans have expanded the official universe with stories, art and digital creations. These works build communities, keep interest alive between official releases and sometimes inspire official creators. But they also exist in a legal gray zone, where copyright law and corporate interests intersect.

Understanding the legal boundaries of fan creations is essential for writers, artists, game developers, webmasters and community organizers. This article explores the copyright landscape surrounding fan fiction and fan websites, focusing on Star Trek and its relationship with its fandom.

Disclaimer This article is for informational purposes only and does not provide legal advice. If you need help with a legal matter, please consult a qualified attorney.

 

Copyright and Fair Use

Copyright law covers original works of authorship - including television shows, characters, screenplays and production design. Generally, any such original work is protected per se, without the need to register it in any fashion or to mark it with a copyright or trademark symbol. In the US, the copyright holder (CBS/Paramount for Star Trek) has the exclusive right to reproduce, distribute, license their intellectual property, or to create derivative works based on it.

Fan creations based on a previously existing work, such as the Star Trek TV series and movies, are considered derivative. Unless explicitly licensed, they are technically unauthorized - even if they are created out of love and shared freely. The original copyright owners, namely CBS Studios and Paramount Pictures, may contest their legality.

Criteria of fair use

Fan creators may invoke fair use, a legal doctrine that allows limited use of copyrighted material without permission. Courts evaluate fair use based on four factors:

1. Purpose and character of the use: Non-commercial, transformative works (such as parody or critique) are more likely to be protected.
2. Nature of the copyrighted work: Fictional or creative works receive strong protection.
3. Amount and substantiality used: Using core characters, settings or storylines weighs against fair use.
4. Effect on the market: If the fan work competes with or undermines the market for official (or licensed) products, it is less likely to qualify.

Fair use is not a license. It is a defense that must ultimately be proven in court, which is costly and uncertain. Most fan creators avoid legal battles by staying within community norms and corporate tolerance.

 

CBS/Paramount and Fan Creators

Star Trek is one of the most active and creative fan communities in media history. From early fanzines to modern fan films, fans have expanded the official universe in many different ways. Historically, the copyright owners largely tolerated non-commercial fan creations and fan projects, as these did not harm commercial interests and kept the fan community engaged (especially during the hiatus from 2005 to 2017).

However, CBS and Paramount have drawn some lines in more recent years, in cases when fan projects began to resemble professional productions or when they purportedly interfered with licensed products.

Fan film guidelines (since 2016)

In 2016, CBS and Paramount released a set of official guidelines to govern the creation of Star Trek fan films. These rules were introduced following the Axanar lawsuit and aimed to protect the franchise's intellectual property while still allowing fans to produce their own stories within defined limits. These are some of the limitations:

• Fan films must be no longer than 15 minutes per episode, with a maximum of 30 minutes total.
• Titles must include the phrase "A Star Trek Fan Production" and cannot use "Star Trek" alone.
• Professional actors or crew who have worked on official Star Trek productions may not be involved.
• Fundraising is limited to $50,000, and fan films cannot be monetized or sold.
• Content must be family-friendly and include a legal disclaimer.
• Fan creators may not register copyrights or trademarks for their works.

These guidelines were met with mixed reactions. Some fans appreciated the clarity, while others felt the restrictions stifled creativity and ambition.

Axanar lawsuit (2015-2017)

• Background: "Star Trek: Axanar" is a fan-funded film project led by Alec Peters. It aimed to tell the story of Garth of Izar from TOS: "Whom Gods Destroy" in a high-quality, cinematic format. The production team included professionals from the film industry and former Star Trek contributors.
• Legal issue: In December 2015, CBS and Paramount filed a lawsuit against Axanar Productions, claiming copyright infringement. The suit argued that the film used protected elements of the Star Trek universe, including characters, costumes, dialogue and settings, without authorization.
• Outcome: The case was settled in early 2017. The court ruled that the works were not protected under fair use. Axanar Productions agreed to follow the newly issued fan film guidelines. The lawsuit became a turning point in how studios interact with fan creators.
• Repercussions: Fans are still divided over Axanar today, with some admiring the effort to create a high-quality fan film in accordance with TOS, while others see the future of fan films ruined because Peters turned his project into a commercial endeavor.

Stage 9 Project shutdown (2018)

• Background: Stage 9 was a fan-created virtual reality project that meticulously recreated the Enterprise-D from TNG. Developed using Unreal Engine, the project allowed users to explore the ship's interiors in immersive 3D, including the bridge, engineering, shuttlebay and crew quarters.
• Legal issue: Despite being non-commercial and developed by volunteers, CBS issued a cease-and-desist letter in September 2018. The project was deemed to infringe on Star Trek intellectual property, particularly due to its use of visual assets and branding.
• Outcome: The Stage 9 team complied with the demand and shut down the project.
• Repercussions: Most likely the motivation to target this specific fan project was that it would have competed with Star Trek: Bridge Crew, a licensed product by Ubisoft. The move sparked widespread debate in fan communities about the limits of creative expression and the balance between protecting IP and encouraging fan engagement. Stage 9 was widely regarded a respectful tribute, and its shutdown was viewed as a great loss for immersive fan experiences.

 

Guidelines for Fan Creators

Key principles

In order to be able to invoke fair use and in consideration of CBS/Paramounts practices, keep the following criteria in mind.

• Transformative use: Works that add new meaning or purpose (e.g., parody, critique) are more likely to be protected.
• Non-commercial intent: Fan creations shared freely and without monetization are less likely to attract legal action.
• Market impact: If a fan work competes with official products - especially licensed merchandise or media - it is more likely to be shut down, just like Stage 9.
• Professional quality: High production values or use of franchise actors in fan films may trigger enforcement, even if the project is free.

Use cases

This is a list of some common cases of fan creators using copyrighted material, with a risk assessment.

• Text-only fan fiction: Widely accepted if non-commercial and transformative. Posting on web-based platforms is generally safe. Very low risk
• Discussion forums: Safe for speculation, commentary and community engagement. Avoid hosting any form of pirated content. Very low risk
• Websites and blogs: Reviews and commentary are protected under fair use. Databases are generally fine if they show sufficiently small excerpts. Low risk
• Quotes from episodes: Short quotes for analysis or commentary are generally safe, extensive excerpts or full transcripts may not be. Very low risk
• Screen caps from episodes: Usually safe for commentary or reviews. Screen cap archives are tolerated but not transformative enough for fair use. Low risk
• Video clippings on YouTube: Commonly flagged by upload filters. Fair use applies only in limited cases like critique or parody. High risk
• Publicity photos: Usually licensed. Universally tolerated in social networks, but website use requires caution to meet fair use (and yes, this is unfair). Moderate risk
• Excerpts/scans from books or licensed products: Avoid republishing large excerpts or whole pages without new context. Moderate risk
• Drawings and fan art: Typically tolerated if not sold. Commercial intent increases risk. Moderate risk
• AI-generated images: Risk depends on resemblance to copyrighted characters or logos, commercial use increases exposure. Moderate risk
• Edited screen caps as memes: Generally low risk. Parody offers better protection than satire. Low risk
• Brand logos: Tolerated if non-commercial and not implying affiliation with Paramount/CBS, but generally not protected by fair use. Moderate risk
• Roleplaying games (RPGs): Safer with original characters or alternate timelines. Selling materials is risky. Moderate risk
• Computer games: Any game using Star Trek IP is extremely risky, considering lack of guidelines and the Stage 9 case. Very high risk
• Fan films: Relatively safe if complying with fan film rules. Attention and visibility can still create pitfalls. Moderate risk
• Audio-only podcasts: Safe when focused on discussion or reviews. Avoid copyrighted music or audio clips. Low risk
• YouTube channels (monetized): Commentary and lore analysis are safer. Using footage or music increases risk, especially with monetization. Moderate risk
• Portal websites (monetized): News and community content are fine. Hosting copyrighted media or selling unlicensed merchandise is risky. Moderate risk

Best practices

To avoid legal trouble and maintain goodwill with copyright holders, fan creators may follow informal best practices:

• Keep projects non-commercial and avoid monetization.
• Include disclaimers stating the work is unofficial and not affiliated with CBS/Paramount.
• Limit use of core characters and storylines; explore original characters or alternate timelines.
• Respect official canon and avoid content that could be confused with licensed products.
• Engage with fan communities to understand norms and receive feedback.

 

Addendum: Reproductions of Fan Creations

There are cases of individuals selling creations from EAS or from affiliated sites, or writing stories using characters from other people's fan fiction. Some seem to be of the opinion that "If you plagiarize CBS/Paramount's property, I am allowed to plagiarize yours".

Legally, this doesn't hold water. Copyright law protects original works, even if they are derivative, so long as they contain enough new creative expression. That means Star Trek fan sites and fan fiction, while inspired by someone else's universe, can still be protected from unauthorized copying. Yet, if your work is built on copyrighted material without permission, it is not fully yours to defend. In short, derivative works can be protected, but only if they respect the rights of the original creators.

Case studies

• 3D starship fan designs
• Your original 3D starship design may be protected by copyright as a visual artwork.
• If the design is not a direct copy of an official Star Trek ship, it qualifies as original expression.
• Someone selling 3D prints of your design without permission is infringing on your copyright.
• You have the right to demand credit, removal, or pursue legal action, even if you make your design available free of charge.
• Fan stories
• Your fanfic may be a derivative work, but your original characters are protected by copyright.
• Another writer using your characters without permission is infringing on your rights.
• You can assert ownership over those characters and request removal or attribution.
• Protection applies even if the work is non-commercial and set in the Star Trek universe.
• Non-commercial fan websites
• Your website content (text, layout, original graphics) is protected as a compilation and literary work.
• Even with Star Trek references, your original commentary and design are yours.
• Someone republishing your site (or, historically, selling it on DVD) without consent is violating your copyright.
• You can issue takedown notices or pursue damages for unauthorized commercial use.

Recommendations

If you consider to buy unlicensed Trek-related artwork, please be advised:

• Never buy any reproductions of fan-made Star Trek ships or other stuff if it does not credit the fan who created it.
• Likewise, never buy any media with Star Trek schematics, stories or complete websites, or register at pay websites with such content. "Big collections" of Star Trek data are definitely duplicated without permission and are mostly available for free at the rightful websites anyway.

You can contact eBay in case you find your own design reproduced there or otherwise used in an illicit commercial fashion. But eBay has organized IP ownership in the VeRO program, for which fan creators may not be eligible.

If you contact an offender directly, point them to the place where your original design is on display, and feel free to refer them to this web page too.

You can also report any offenders to me, using the EAS feedback form. I will add them to my blacklist, I will inform other possible claimants and I may decide to weigh in if I see a chance to get it resolved without expensive lawyers. Please note that I won't publicly show my blacklist, as this would force me to keep it updated. Also, I don't want to advertise the objectionable auctions and websites that way.

 

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