Topic: Damnatus - German fan film project stopped by GW!

[Tobias Schneider]

hi,

some of you may know Damnatus.

For the other:
Damnatus was or hopefully still is German Warhammer 40k fan film.
It was totally done by fans without any help or financial support from GW or a professional studio.

The page is: http://www.damnatus.com/seite.php?file=news
There you can find some german and english files, pictures an trailers.

And now, GW canceled the project:

Games Workshop hat die Veröffentlichung des Filmes wegen der Tatsache, dass sie aufgrund der deutschen Gesetzgebung im Zweifelsfall keine ausreichend sichere urheberrechtliche Kontrolle über den Film erlangen können, nun leider definitiv untersagt.

Nach mehrmonatigen Bemühungen der Rechtsabteilung die Problematik vertraglich aus der Welt zu schaffen, wurde dies in der obersten Etage so beschlossen. Wir versuchen derzeit Kontakt mit eben dieser obersten Etage aufzunehmen, um eine Änderung dieser Entscheidung zu erbitten (siehe Offener Brief an CEO Tom Kirby). Falls auch dieser Versuch einer Lösung scheitern sollte, zählen wir auf eure Stimme!

Gleichzeitig wurde uns gegenüber angekündigt, dass aufgrund dieses Falles die Richtlinien bezüglich des Schutzes von GWs Geistigem Eigentum verändert werden. Wir stehen weiter im Kontakt mit der Rechtsabteilung und werden versuchen herauszufinden, ob der DAMNATUS-Beschluss auch für alle anderen deutschen Fans und die Veröffentlichungen ihrer künstlerischen Werke (die von Rechts wegen nun mal genauso unveräußerlichbar ihr persönliches Eigentum darstellen) Konsequenzen haben wird.

Möge der Imperator uns beschützen!

For the non-german speakers:

Games Workshop has sadly forbidden the publication of the film, because that they would't have a sufficient control of the copyright because of the german law.
After some month in which the legal branch of the company tried to solve the problem contractual, the "higher level" (I think the managment is meant) decided this.
At the moment we try to get a contact with these "higher level" to change this decision. (Open letter to Tom Kirby)
If these try of a solution fails, we count on your voice!

Also it was told us, that because of these situation the laws for the copyright of GW will be changed
We are still in contact with the legal branch, and try to find out, what consequences the "DAMNATUS-decisson has for other German Fan and the publication of their Artworks and fanfictions.

May the Emperor be with us.!

I tried to be as accurate as possible, any mistakes are totally my fault.

sincerely
Tobias

[Lomendil]

Ah, GW. So good to their fans.

Say, if we're really really lucky, do you think maybe they'll raise prices again too? Oh Mister, say it'll be so!

[qwertypp7]

God dammit...how I hate the GW legal department... Not only did they try to shut down Battlewagonbitz but now they seem to have killed Damnatus too... Bastards!

[Fury]

I don't understand this decision at all. The only rationale I can think of is that GW would like to release their own film in the future, but from what I understand this is a fan film, and not for profit.

It's totally ignorant to alienate die hard fans like this. You have a "free" source of marketing and promotion of your product, but because you have limited control, you shut stuff like this down. Come on, GW, that's poor business practices.

Admittedly, it sounds like it has more to do with German law regarding copyright. Here in the US of A, you have free license to make Star Wars fan films or anything else as long as you 1) are not profiting from copyrighted material 2) are not presenting that intellectual property in a negative light 3) Receive the permission of the copyright holder. Unless of course, it is satire, which is well protected under the first amendment.

Most of us don't have the resources to challenge a company though.

Still I think more information is needed here. Wasn't Rasmus doing English subtitle work on the project?

[Toad_Raider]

Oh well that's just great isn't it.  GW definitely knows the best way to annoy their fan base.

they would't have a sufficient control of the copyright because of the german law.

I assume that means (mind you, this is sheer guesswork on my part) that people in Germany could "copy" Damnatus without it counting as "copying" Games Workshop.  Which I can see would annoy GW no end.

Still... bloody annoying isn't it!

[sebster]

God dammit...how I hate the GW legal department... Not only did they try to shut down Battlewagonbitz but now they seem to have killed Damnatus too... Bastards!

They didn't try to shut Battlewagon bits down.  They were worried about people using BWB and other on-line services in place of bricks and mortar stores, because the bricks and mortar stores provide people with a place to play.  Because, you know, providing people with a place to play is good for the hobby, and in turn good for GW.  So they entered into talks with BWB, the result of which is BWB moving to an ordering system that relies of people wanting specific sprue parts, which is exactly what BWB was set up to do.

And yeah, it would be a terrible shame if Damnatus was shutdown, but given GW are faced with the possibility of losing control of their intellectual property if they let the film go ahead, it's a reasonable decision on their part.

But you just keep fighting the man.

[Jehan-Reznor]

Slowly their graves becomes deeper
Keep dinging GW the end is near!!

it would be more fun if there would be more fan movies. some of the starwas onces are sometimes very good or very funny like that cops spoof.

the are so many other little companies gnawing at their roots, it`s like Linux and Microsoft slowly but surely.

[Sir Sam Vimes]

they would't have a sufficient control of the copyright because of the german law.

I assume that means (mind you, this is sheer guesswork on my part) that people in Germany could "copy" Damnatus without it counting as "copying" Games Workshop.  Which I can see would annoy GW no end.

Why doesn't the Damnatus-crew move their base to some other country where the copyright control is stricter, like Austria or France if the laws are more to GW's liking there?

Mind you, they could still be shooting the movie in germany, but releasing and promoting it in accordance with the second country's laws.

[Bumbles]

AAARRRGGGHHH!!!!!!!!!!!!!!!!
Right that's IT.



Stuff you GW.
You've finally lost me as a customer.
Good work.

[Rasmus]

Very sad indeed. I hope that they can work it out, it would be such a shame if all that hard work was for nothing, unless it leaks of course.

[Tyranid_Wannabe]

Its a shame. I would very peeved if I was one of the fans who had put so much effort into making the movie.

I thought GW would leap at the chance at a fan made movie. Maybe the could get one or two more customers along with satisfying die hard fans.

Hopefully the Damnatus crew can negiotate with GW

[Amberley Vail]

I think it's rather unfair that these guys can put in all that hard work making some thing we all would love to see (I know I would), and then get shot down by the very company they are trying to promote! Luckily the legal troubles sound as if they can be worked around, I just hope they release a version with english subtitles.

[Razyus]

Very sad indeed. I hope that they can work it out, it would be such a shame if all that hard work was for nothing, unless it leaks of course.

To be honest if they don't manage to get some form of clearance I can see that happening and it ending up on a number of undisclosed sites and I wouldn't blame them. Please note this is in no way an advocation of any illegal actions or the oppinion of this forum or damnation, but merely a speculative theory.

Razyus

[Noble]

It seems that things have changed as of today, for the worse

Games Workshop has amended its IP Policy and now forbids the creation of films which are based upon their intellectual property. A complete art form is to be deadened. Can that be? Please visit the common message boards (or ours) and discuss that - now it affects all of us.

I only heard about DAMNATUS from reading this thread, so I checked it out to learn more. A new entry has been made in the news section today, which I have quoted above. This seems extremely dodgy, as the trailer looks awesome, and it seems that a lot of work has been put into it

and Tobias, it seems you thought you had trouble translating into english (although it was very good anyway), but it would have been easeir to click on the english version of the article on the website...lol

[Sir Sam Vimes]

It seems that things have changed as of today, for the worse

Games Workshop has amended its IP Policy and now forbids the creation of films which are based upon their intellectual property. A complete art form is to be deadened. Can that be? Please visit the common message boards (or ours) and discuss that - now it affects all of us.

One wonders how long it will take for GW to forbid fan art (as in drawings) and fluff writing aswell...

[Rasmus]

and Tobias, it seems you thought you had trouble translating into english (although it was very good anyway), but it would have been easeir to click on the english version of the article on the website...lol

  That wasn't there at the time of the original post. It is new (like less than two hours old).


Edit: The ammended IP-paper now reads

MOVIES
The video games that our licensing partners have created have done an incredible job of bringing the Warhammer and Warhammer 40,000 games to life, and we appreciate that hobbyists may even want to make movies based upon our intellectual property. Unfortunately, due to the nuances of the law in some territories, we cannot allow any unlicensed movies to be created which are based upon our intellectual property.

This from http://uk.games-workshop.com/legal/canandcant/1/#cannotdo

[Amberley Vail]

I wonder what it would take to get GW to change its mind? perhaps a boycott of their over-priced products?

[Rasmus]

I wonder what it would take to get GW to change its mind? perhaps a boycott of their over-priced products?

   It would, but no such boycott has ever been organised, and I doubt it would over this issue. Generally, GW can do what it wants, and gets away with it, with diminishing returns. This was a dumb move on their part, but not a crippling one by a longshot.

[Amberley Vail]

perhaps loads of overly annoying mail then? if 1000 people (easily available on this site) write 1 letter (or email) a day, after only a few months GW would have loads of mail to read....... still probably won't work....

It's kind of sad the way GW gets to dictate everything to us. It's almost like we are drug addicts, and they have a mononoply on drugs...

[Sir Sam Vimes]

perhaps loads of overly annoying mail then? if 1000 people (easily available on this site) write 1 letter (or email) a day, after only a few months GW would have loads of mail to read....... still probably won't work....

It's kind of sad the way GW gets to dictate everything to us. It's almost like we are drug addicts, and they have a mononoply on drugs...

Then don't play Warhammer. Or make your own models. Or play some sports.

Easy.