I was afraid this might happen sooner or later. Up until a couple of days ago, Vimeo has been hosting the Flash version of my “special edition” videos. Well, it seems that TPTB have decided that what I posted goes over the line of “fair use” of the footage from "The Doomsday Machine"… on Tuesday afternoon I received an e-mail notice from Vimeo informing me that they have removed ALL of my movies that I’ve posted on their site. They even removed my 26 second “sneak preview” video that I published back in 2007. You can view that clip below courtesy of YouTube (unmolested since the day I posted it almost two years ago), after the jump:
I have to admit, Vimeo’s unilateral action has spooked me a little. Even though I’ve superimposed Paramount and CBS Home Video copyright notices on the live action footage every couple of minutes, I’m now wondering whether even that is enough. Even though I’m not making a penny off this project and am doing it solely out of my fanatical love of all things Star Trek, I worry that someday I might attract some very unwanted legal attention. I don’t know about you, but I don’t particularly care for the thought of being sued… and don’t tell me that it’ll never happen.
For the moment, I’m afraid I’m going to have to remove the Teaser and Act I WMV (Windows Media Video) clips that I was hosting here on the site while I consider other options. One possibility would be to post only the effects footage at full 640×480 quality, and perhaps a downrezzed 320×240 edit of the entire episode for anyone who wants to see the whole thing integrated together. Dunno. Let me think about this. In the meantime… sorry. 
#1 by RobertMfromLI at August 14th, 2009
| Quote
Hey Scott,
Perhaps just the FX sequences and timelines may be enough; and some tips on how people could put together their own episode with it. It should be pretty easy to do with all the various software available out there…
Best,
Rob
#2 by Scott Gammans at August 14th, 2009
| Quote
The thing is, I don’t want to encourage others to break the law, and technically, ripping a DVD to integrate my effects with the original effects (which is what I’m doing for this project) would be a violation of the 1998 Digital Millennium Copyright Act (DMCA).
Ah hell, now I’ve admitted I know what I’m doing is illegal… I’m sure this will come back to haunt me someday
#3 by doctorwho_03 at August 14th, 2009
| Quote
I agree that just offering the FX sequences would be the better and more legal way to go. Daren Dochterman went this way and he didn’t seem to have any legal problems. And for someone like me who’s internet speed is much below broadband, downloading just the sequences would be easier.
You might be able to get away with a low res version of the complete episode on Youtube, but don’t get your hopes up. One of my vids on Youtube was deleted because of a copyright infringment claim by a music company.
#4 by Metryq at August 14th, 2009
| Quote
Time to torrent.
#5 by RobertMfromLI at August 14th, 2009
| Quote
Well, technically, they can use a VHS tape. Or one of the older DVD releases without copy protection.
#6 by Mark at August 15th, 2009
| Quote
I think that for all of these “re-edit” projects, the key is to do the whole thing, release it (torrent) and be done with it. (disclaimers should always be part of the final) Teasing and previews only draw unwanted attention which will lead to legal warnings which cannot be ignored.
Complete it and the audience will seek it out and find it.
#7 by Louis G. at August 15th, 2009
| Quote
Well Scott, fan films are being done on the web (Like New Voyages & Phase II) using Star Trek’s likeness (uniforms ships, names) & even their original TOS music is being used. All that stuff is copy protected! You are not the first one to remaster the special effects & post it on the web, it’s been done before & even the original TOS episode is available to view on the web for free!
You should state on your website as they do that this is a not for profit in addition to your disclaimer in regards to any apparent un-intention of violating any copyright laws. The worst that can happen to you is that you will get a cease & desist order but Paramount or CBS doesn’t seem to bother them at all & it’s been going on for years!! I would love to see the rest of the episode completed as many others do, so I would reconsider.
Thanks.
#8 by Dana R. at August 21st, 2009
| Quote
First, I’m glad I downloaded it when I did! Your work shows the attention to detail that only a true fan could give it…even CBS Digital didn’t think to make the bridge of the Connie look damaged and uninhabitable, and that’s a spoken line, for God’s sake! You seem to be one of the very few who just gets it.
I think you’ve placed more than enough notice at both the beginning and during the Act I video. If Paramount and CBS have had no problems with things like “Star Trek:Phase II” and Daren Dochterman’s remake of “TDM” – which DIDN’T have those kind of notices, as I recall – I can’t see how they’d have a problem with yours.
If they ever did give you a C&D letter, I’d think it would be out of jealousy for doing better work than they did. *grin* Bravo Zulu on a fantastic job so far, and keep up the great work.
#9 by Bill L at August 24th, 2009
| Quote
Looks like you did all the right things, Scott, perhaps you can ost it on another site? However, please let us see your work. It’s outstanding.
#10 by Scott Gammans at August 24th, 2009
| Quote
Don’t worry; work continues apace and I will be posting Act II and beyond, although the effects for the second act are way behind schedule thanks to pesky ol’ real life. I don’t yet know what form it will be posted in, but it WILL be posted. Thanks…
#11 by Bill L at September 1st, 2009
| Quote
Okay..
so how do we see ActI?
#12 by Scott Gammans at September 1st, 2009
| Quote
When Act II is finished I’ll post the entire episode here on my website up to the end of Act II with the new F/X shots edited in, but at a reduced resolution (probably 480×320) and with more prominent watermark disclaimers on the original live action footage. The new F/X clips will be posted separately at full 480p resolution. This is pretty much what Daren Dochterman did for his own project and seems a sensible way to walk that fine fair use line. (I’ll probably still be on the wrong side of it, but to a much smaller degree than before.)
thanks…
#13 by Bill L at September 2nd, 2009
| Quote
I understand what you have to do. Your work is really great and its a shame that you have to take such ridiculous precautions. Your work should be a statement of what you can do, not have to hide it away with disclaimers that blot your style. I am lookng forward to seeing it all.
best
Bill
#14 by Advising Elf at September 17th, 2009
| Quote
I think what you’ve done is great. Please don’t post sepatate resolution “parts”. Obviously, you don’t want to open yourself up to lawsuits, but I agree with Louis G. above; the worst that could happen would be a cease and disist order. You can’t get blood out of a turnip, so I doubt Paramount would spend gobs of money trying to sue you when they know they couldn’t get anything out of it. The Tolkien Estate has gone after fans that have posted copyrighted material from “The Lord of the Rings” and they always ask for the stuff to be taken down (of course, the “asking” includes threats of a lawsuit), but threats don’t cost anything. They are much more diligent about the copyright thing than Paramount has been. I can’t imagine what they would’ve done about about a LOTR version of ST: Phase II.
Keep up the good work, and don’t lose heart. Also, please e-mail me.
Advising Elf