Punisher: The Dead Can’t Be Distracted – Copyright vs Fair Use

In late 2013, yet another non-profit fan trailer, akin to Kevin Tancharoen’s “Mortal Kombat Rebirth” and Dan Trachtenberg’s “Portal: No Escape”, surfaced. Discontent with how Marvel’s “Punisher” character has been portrayed in previous films, filmmakers Ian McFarland and Mike Pecci released a trailer for “The Dead Can’t Be Distracted”, a budding fan film inspired by and based on Greg Rucka and Mike Checchetto’s acclaimed “Punisher” comic book run. However, as the trailer was making the rounds on the Internet, Ian McFarland and Mike Pecci received a ‘Cease and Desist’ letter from Marvel/Disney Corporation claiming that if they continue to develop and distribute the fan film there would be legal repercussions on the grounds of copyright infringement.

It’s a bit of a dated topic, but CineMax, Kenny and LaughingMan believe that the issue deserves additional and continual attention because of the dissonance between corporate copyrights and fair use projects has a potential lasting effect on individual creativity as a whole. CineMax and LaughingMan ask Kenny, a law student, the hard questions about what constitutes fair use and copyright infringement, and what actions, if any, could be taken by either side in this heated battle over the future of “The Dead Can’t Be Distracted.” And if companies can indeed stop and silence independent and non-profit creators, what will the ramifications be on the web?

Official “The Dead Can’t Be Distracted” Trailer: http://blip.tv/cbr/exclusive-teaser-the-dead-can-t-be-distracted-punisher-fan-film-6596037

Mike Pecci’s Site: http://mikepecci.com/tdcbd01/

Disclaimer: Kenny is not a lawyer bar-certified in any United States jurisdiction, nor are LaughingMan and CineMax. This podcast is for commentary only, and is not legal advice.


The loveable lunatic with the foul mouth and the iconic laugh, Laughingman is the founder of CCS. With more coffee than copper in his bloodstream, he's a full-time website developer by day, and a gamer, editor, and fiction writer by night.


A subversive excommunicated from [REDACTED] as a result of a failed coup d'etat, CineMax has miraculously managed to reach and find asylum in the Land of the Free. Here he spends his days working for Cheshire Cat Studios, all the while plotting his inevitable return to the motherland to once again foment the flames of revolution.


Born in the stomach of a whale in a small fishing town in Antarctica, Kenny knew that his life mission would be to end world hunger, save Tibet, and finally learn how to dougie. Instead, he ended up studying law and writing the "Food For Thought" article series for CheshireCatStudios.com. One day, he hopes to become President of Brazil and blow up the moon.

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