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.