Sunday, 29 October 2006

Firefly Fans Fight Back Against Universal

quote [ Rather than responding in a manner which might antagonize Universal, we thought that asking fans to tally those hours and publishing the totals for all to see... ]

After being encouraged to viral market Serenity, the studio has started legal action against fans (demanding $9000 in retroactive licensing fees in one case and demanding fan promotion stop). The fans response? Retroactively invoice Universal for their services.

See extended for the articles relating to this post.

Excerpt from case study found on Affinitive's Website:
http://www.beaffinitive.com/clients/casestudy_serenity.html

Utilizing the flexibility of Affinitive's technology platform, Universal was able to create a community around the release of Serenity that harnessed the power of a large member base that exceeded the most optimistic of expectations. Members were encouraged to form regional groups to promote the film and perform activities that would help generate word of mouth, like creating bumper stickers and gift cards to accompany the DVD release.

Results

While the theatrical release of Serenity met only modest success at the box office, the Browncoats campaign maintained momentum through the DVD release, whose success spurred additional sales of the original Firefly DVD. At one point following the release of Serenity on DVD, both Serenity and Firefly were #1 and #2 on Amazon.com's bestseller list despite the Firefly DVD being over a year old.

The community itself also grew far in excess of what was originally projected. By the campaign's end, there were more than 75,000 members of the Browncoats, with over 85% of all members having been recruited by other members. The platform proved to be scalable enough to handle sustained periods of heavy traffic and activity.




And now that the highly successful guerilla marketing campaign is no longer necessary...

Excerpt of post from Cafepress shop owner, 11th Hour:
http://forums.prospero.com/foxfirefly/messages?msg=32591.1

"11th Hour Art’s offering for sale and sale of unauthorized “Serenity” shirts may give rise to multiple violations of law, giving rise to various causes of action for copyright infringement, counterfeiting, and unfair competition, among other claims. Recovery on one or more of these claims may include attorney’s fees, treble damages, statutory damages, and punitive damages."

The Demand continues, and includes such stipulations that within 72 hours I must agree to: pay a retroactive $8,750 licensing fee; the permanent closing of my shop; turn over any merchandise referring to the Universal Property; and provide the last 12 months complete sales records... there's more, but that's the gist... oh, except for the threat of federal court and the statutory damages thingy of $150,000 per infringed work...

I found this particuar excerpt from the Demand rather ironical:

"That, no later than close of business on October 30, 2006, 11th Hour Art agree in writing to permanently cease and desist from the advertising, promoting, marketing, sale or distribution of any products bearing or referring to Universal Property"


Here are a couple other sites shut down by Fox:
http://www.bluesunshirts.com
http://www.blackmarketbeagles.com



The Browncoat community's response?
Retroactively invoice Universal for their services.
http://www.browncoatinvoice.com
They're keeping tally on the site. $1.5mil as of this posting.

With the shutting down of Blue Sun Shirts at the behest of FOX, cease and desist letters going out to owners of Browncoat shops on CafePress, at least one fan-favorite promoter receiving a demand from Universal Studios Licensing LLC for nearly $9,000 in retroactive licensing fees, and the resulting chilling effect leading to other fans shutting down preemptively, many Browncoats got to thinking about just how many hours they spent on helping to market and promote Serenity, in essence with the tacit agreement of Universal Pictures, if not their outright official encouragement.

Rather than responding in a manner which might antagonize Universal, we thought that asking fans to tally those hours and publishing the totals for all to see would be a gentler way to make both the specific point about Browncoat marketing for Serenity and the more general point about the relationship between producers of entertainment and their increasing (and knowing) reliance in the 21st century on fanbases to help promote that entertainment.


******************************************************

I'm a fan of the series/movie; I was introduced to it by a friend and I did my part to turn a lot of people on to the show. Just disappointed that Universal's giving the people who helped turn this project into a success such a hard time.

Original article from Slashdot:
http://slashdot.org/articles/06/10/28/1253206.shtml


[by baulsaak@2:41amGMT] [+10 Informative]

Comments

Sgt Harry 'Snapper' Organs.. said @ 2:56am GMT on 29th Oct
Hehe. Your name is... Ballsac... heheh...
Sgt Harry 'Snapper' Organs.. said @ 2:57am GMT on 29th Oct
...Ok Tom. Snap out of it. Let's present a serious and condidered front for these doyens of SE. Let's represent ourself as a dour, reputable....

...his name is Ballsac......
Sgt Harry 'Snapper' Organs.. said @ 2:59am GMT on 29th Oct
Ahhh... anyway. This is a messed up situation. +1, Baulsaak, for your journalistic imperative. It's odd how these sort of sleeper hits scare the fuck out of studios - but its no suprise that they now (having been handed, at the behest of fans, a massive hit) wish to wrangle as much cash out of the situation as possible.
baulsaak said @ 3:08am GMT on 29th Oct
Well scared is one thing. If it was just out of the blue, that is. From what I understand (and I might be wrong), they actually hired Affinitive to start this grassroots campaign. So they in essence ASKED people to do free advertisement for the tv show (the season dvd set) and to promote the film. Now they're screwin the same people who helped them out.
Honoré de Balzac said @ 3:22am GMT on 29th Oct [Score:2]
Will you stop mocking me? You are worse than that Flauvert asshole.
luluchan said @ 2:59am GMT on 29th Oct [Score:5 Funny]
VictorTyne said @ 3:14am GMT on 29th Oct [Score:3]
Copyright law is a good example of a law that was enacted to protect individual artists and their works, but ended up being abused by large corporations to screw those individual artists simply because they can.

If copyright law was set up so that only individuals (not companies) can hold copyrights, and those rights were non-transferrable, then Joss Whedon would be the sole owner of Firefly and all related trademarks and FOX could count themselves lucky that he allowed them to profit off his work.

Isn't it great to live in a country where the amount of legal protection you can expect is exactly equal to the amount of money you can spend on it? I personally blame England, from whom we inherited the idea of a system of law based on precedent (a.k.a. what some crusty old bastard in a powdered wig said) where laws are intentionally made vague so overpriced lawyers can apply them however they see fit.
RowanSJ said @ 2:20pm GMT on 29th Oct
I'm in favor of having corporate law be completely separate from the law for individuals; no more allowing the rights of a citizen without the responsibilities to be conferred upon immortal and (frequently) immoral entities.
relm said @ 10:23pm GMT on 29th Oct
Corporations would never fund TV shows if they couldn't control them.
Ronin.ca said @ 6:13am GMT on 30th Oct
Yeah, because the tons of fucking money they get via ad revenue is totally not a good enough incentive.
Dalej said @ 3:18am GMT on 29th Oct
"Retroactively invoice Universal for their services."
What does that mean.
VictorTyne said @ 3:29am GMT on 29th Oct
It means that Universal is trying to bill all the fans who made up Blue Sun and Serenity Logo t-shirts to promote the show, so the fans are responding by billing Universal for all the hours and money they spent to promote the show. I myself spent many hours hosting Firefly parties in my home, making fajitas and stuff for my guests.

Do you have any idea what a decent skirt steak costs these days? Fuck Universal, I want my money back.

(Actually, they don't seem to be trying to stick Universal with an actual bill, they're just trying to make a point. Read about it here: http://www.browncoatinvoice.com/about.html
baulsaak said @ 4:04am GMT on 29th Oct
Careful... They might get you on Unauthorized Exhibition of Copyrighted Material...
Naruki said @ 3:32am GMT on 29th Oct
It means that at the time the services were rendered, no money was paid. But now they will bill Universal for the services they already performed.

Retroactive means something similar to ex post facto.
follywaggle said @ 4:08am GMT on 29th Oct [Score:3 Informative]
that - /ðæt; unstressed ðət/ [that; unstressed thuht]
–pronoun
1. (used to indicate a person, thing, idea, state, event, time, remark, etc., as pointed out or present, mentioned before, supposed to be understood, or by way of emphasis): That is her mother. After that we saw each other.
2. (used to indicate one of two or more persons, things, etc., already mentioned, referring to the one more remote in place, time, or thought; opposed to this): This is my sister and that's my cousin.
3. (used to indicate one of two or more persons, things, etc., already mentioned, implying a contrast or contradistinction; opposed to this): This suit fits better than that.
4. (used as the subject or object of a relative clause, esp. one defining or restricting the antecedent, sometimes replaceable by who, whom, or which): the horse that he bought.
5. (used as the object of a preposition, with the preposition standing at the end of a relative clause): the farm that I spoke of.
6. (used in various special or elliptical constructions): fool that he is.
lilmookieesquire said @ 6:07am GMT on 29th Oct
What's the meaning of this?
utah said @ 4:50am GMT on 29th Oct
Universal Studios asked fans to help promote Firefly/Serenity - to help spread the word. They did so, partly by producing t-shirts etc with logos from the film. Now, Universal are suing someone for selling the shirts, and want all the money he's made in the last 12 months. So, now the fans are adding up all the time they spent promoting Firefly, and talking about handing Universal a bill (invoice) for their time.
explodey said @ 4:25am GMT on 29th Oct
Oh God, no... is George W. Bush's language-mangling catching on???

"I found this particuar excerpt from the Demand rather ironical"
baulsaak said @ 4:33am GMT on 29th Oct
Yeah, I saw that, too. His words not mine, tho. Fixed the link to that quote BTW.
baulsaak said @ 4:35am GMT on 29th Oct
Apparently it's a real word. Who knew?
mwoody said @ 8:07am GMT on 29th Oct
Yep, I've made an idiot of myself calling people on this one, too. It's a legit - if somewhat silly sounding - term.
explodey said @ 12:26pm GMT on 29th Oct
It's bad enough when W. rewrites history, but now he's getting away with rewriting the dictionary too??? NOOOOOO.......
hellboy said @ 1:04pm GMT on 29th Oct
That's fucking stupid. Ironical is no more a real word than ironicalistic. That's what the word "ironic" is for. It's the same damn part of speech with a completely superfluous suffix.

How ironic that people not only have trouble with the meaning of "ironic" (thank you Alanis), they can't even get the word right.

Just because people say "irregardless" doesn't mean it should be in the dictionary.
f00m@nB@r said @ 5:28pm GMT on 29th Oct
flammable
inflammable
Sgt Harry 'Snapper' Organs.. said @ 6:15pm GMT on 29th Oct
inflammabical
sn said @ 8:04am GMT on 29th Oct
I use that word to imply EXTRA IRONY.
prototypical said @ 8:15pm GMT on 29th Oct
I take it you're not a Browncoat, so it might take a little explaining for you to understand.

Part of the charm of the 'Verse is that people have these amusing little anachronisms, dialectic quirks, Mandarin outbursts, and other things that help set the stage as being somewhere other than Earth. The Independents (Browncoats) and the people of the less affluent Border and Rim planets tend to be less educated and put less value on erudition, leading to contractions, slang, and other oddities.

You might hear someone from a planet farther out say "I don't rightly know" when you've stumped them. Malcolm Reynolds, the captain of Serenity, says, "They was just babes in a basket when we took them in. We sheltered 'em plenty."

I can only assume the link went to someone who was emulating the style.
baulsaak said @ 8:44pm GMT on 29th Oct
I get your gorram point and while I definitely see it in a different perspective now, I'm pretty sure that's not what this guy was going for. He just happened to use a word form that, while grammatically correct, is infrequently used. Aside from a little sarcasm at the end, his whole post lacks any other sort of linguistic color. Perhaps he was enjoyin' a bit of Mudder's Milk while he wrote it?
banksr0 said @ 11:28pm GMT on 29th Oct
There is no reason to assume. Links are actually able to be clicked, so that you can visually inspect the text yourself.

The more you know ;-)
Tirade said @ 5:52am GMT on 29th Oct
Firefly was teh awesome. Fox proved that it was teh suck by letting that show slip through their fingers.
Of course, this was during the couple of years when they were putting out new shows and cancelling them all before they had a chance. Like Greg the Bunny. That was a show with a helluva lot of potential. Fucked up but funny.
baulsaak said @ 6:51am GMT on 29th Oct [Score:1 Informative]
Found this surfing for more info on Serenity...

It's a company that choreographs action scenes in movies. Looks like they've done the scenes in The Matrix, Fight Club, The Crow, and soon to be released Frank Miller's 300.

If you look in the stunt reels section, the last clip is a mock up of River's bar fight scene in Serenity.

http://www.87eleven.com
Tirade said @ 7:22am GMT on 29th Oct
Oddly enough, I just discovered that a few hours before you made this post... because the guy who played Keanu's stunt double and did a lot of the fight choreography was the body double for Brandon Lee after he died during the filming of The Crow. And I was only looking on IMDB because I was flipping channels and The Crow was on. :)
Tirade said @ 7:27am GMT on 29th Oct
Where'd you get the thumb from? That's a rather bad-ass picture.
baulsaak said @ 7:35am GMT on 29th Oct
serenity river"
baulsaak said @ 7:36am GMT on 29th Oct
sorry... html went awry. I googled "serenity river". some other cool pics there too.
Tirade said @ 3:46pm GMT on 29th Oct
Ah. Being a retard, I was searching for firefly river, forgetting that the whole sword and axe in hand thingy was from the movie. :)
conception said @ 7:38am GMT on 29th Oct
A)
"While the theatrical release of Serenity met only modest success at the box office, the Browncoats campaign maintained momentum through the DVD release, whose success spurred additional sales of the original Firefly DVD. At one point following the release of Serenity on DVD, both Serenity and Firefly were #1 and #2 on Amazon.com's bestseller list despite the Firefly DVD being over a year old."

This wouldn't matter to universal, because the show is owned by Fox.

B) Sadly, it's not a real invoice. Just some sort of "Hey, universal, don't be mean! People don't like it when you're mean!" A letter campaign or something would probably be more useful.
baulsaak said @ 7:44am GMT on 29th Oct
A) I'm not sure how distribution fits in, but Universal made Serenity and profited from the fans' efforts to promote the theatrical and dvd release.

B) I figured everyone would get that from the website. I didn't actually mean to report this as an actual legal action on the part of the fans.
ittastesgreat said @ 8:44am GMT on 29th Oct
Yeah, it's pretty disappointing that they aren't actually going through with an invoice, it's one of the best ideas against this type of marketing practice i've ever heard of. You figure that with the amount of companies (especially music promoters like Clear Channel) hiring street teams to work for scrip, one could organize a class-action suit.
VictorTyne said @ 10:28am GMT on 29th Oct
One could organize a class-action suit, if one had the money to do so. The fans don't have the resources to pursue legal action, but FOX and Universal do, which is kind of the point of the whole thing.

The invoice would be a great idea. "Hey, you invented a marketing scheme based around the idea of us using our resources to advertise for you, now you want to charge us for the trademarks we used while advertising so we'll charge you for the hours we worked." There is actually a case to be made here, but unless some billionaire Firefly fan gets interested, the fans who took the time to produce those advertising materials are going to get screwed.
piha said @ 11:17pm GMT on 29th Oct
Start a boycott of studio releases. Only support indie filmmakers. I'd do if it I had time, but I'm one of those indie filmmakers working on a feature animated movie for under $1m.

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