The Beauty and the Beast Cease and Desist Letters

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In early 1991, two fans (Kay Brinkley and Lynette Combs) who produced zines were sent cease and desist letters by "Republic Pictures," the entity that owned the rights to Beauty and the Beast (TV).

a copy of one of the letters, printed in Pipeline v.4 n.2/3

The letters, of course, caused much consternation and fannish discussion regarding the legality of fanworks, fear of being sued or harassed, questions about why the letters were sent, and future actions.

These letters came during The Beauty and the Beast Wars as well as the conversations regarding censorship and the zine Black Cover, and the Beauty and the Beast and the Family Channel Controversies, which did nothing to calm the fandom waters. Many fans were already angry at TPTB and at each other, with some fans suggesting that other fans were turning other fans over to the authorities. The highly-visible comments by Stephanie A. Wiltse in the newsletter, Pipeline, were intended to both fan and quell the flames on the vengeance topic:

Paranoia in the fan community ran high and some high and some assumptions, per the usual, are being treated as fact. There are still some walking wounded around looking for more cordwood to fuel their anger. First of all and most importantly, Carolco denies this involved one fan having been turned in by another, nor are only select people being made an example of.

Why Were the Letters Sent Now?

Some fans felt that the parent companies of Beauty and the Beast were experiencing declining sales of merchandise and viewers due to the unpopular third season, and were threatened by fanworks.

Some fans admitted to sending their own zines to TPTB in efforts to show how robust the fandom was, or out of pride for their hard work and creative energies, or to demonstrate various factions fans felt about first two seasons in relation to the third season.

Fans were also embroiled in contortions in response to possible rumors of their show returning to the small screen, or to the constantly dangled promise of a Beauty and the Beast movie, something that made fans admonish each other to "behave" so that they would be more likely to get this promised official offering.

The letters were terrifying to fans, but ultimately led to no legal battles of any sort.

The Creation Con Piece

a flyer for the March 1991 Creation Con

Creation Con was heavily invested and entwined with fans and their fanworks. Creation routinely sold hundreds of fan-made zines at their cons and hosted dealers' rooms filled with fan-made merchandise. From a fanzine editor in September 1990:

It used to be that we sold 300 copies a month to Creation, at half the cover price; we felt it was worth it, because it gave us an extra amount of assured working capital... </ref>

At their March 1991 con, in the midst of these letters, the Beauty and the Beast Creation Con's two fan guests of honor were fanzine editors.

Creation was also targeted after the C&D incident, the assumption being that as a purveyor of licensed merchandise their business might benefit from the lack of fan competition. Wrong.

Creation has interceded on fans' behalf In the past and has even been instrumental in some merchandisers getting licensed. (... Thanks, Gary.) They continue to offer many fan-made goods for sale and Carolco speaks very highly of 'em. So lighten up and quite throwing accusations around, let's not put 2 and 2 together and come up with 5.

Comments by Barbara Storey in February 1991

[rom Tunneltalk]:

Lastly, it appears that we may have a very serious problem in our fandom. Two people who produce zines have recently received "cease and desist" letters from Republic Pictures, telling them that they must stop "any further manufacture, distribution, sale, advertisement, or offer for sale of any product or merchandise based on or depicting the show BEAUTY AND THE BEAST, its characters, theme, or any of its story lines" or they (Republic) would "take any and all appropriate legal action required." When one of these fans called Republic and asked why they were being singled out, they were told that all fans producing merchandise of any kind would be receiving letters as well. It seems that CarolCo has experienced sagging sales lately, and are sure that zines are the cause of their loss of revenue — so they have asked Republic to stop all such activity.

There are two points to be made here. One, fanzines, and any other fan merchandise, are illegal, and in copyright violation, no matter how many you sell or how much you sell them for, or even if you give them away. Two, most studios understand that a healthy fandom is what keeps interest in a TV show alive for the future — when movies might be made -- and so they ignore the existence of zines. They realize that the free publicity that active fans can bring a show is worth the (extremely small) loss of revenue. STAR TREK is a perfect example of this.

Why are Republic and CarolCo doing this now? I don't know -- I don't even know if they really are going to pursue everyone, or if they are just trying to scare us. I have not yet heard of anyone else receiving these letters, but that may come. My only guess is that they are completely lacking any understanding of fandom and who we fans are- - and what we're doing. The person spoken to at Republic had the idea that we were all commercial concerns or businesses, producing illegal B&TB merchandise, and didn't seem quite sure as to how to go about even finding us.

Comments by Barbara Storey and Gwen Lord in March 1991

[Barbara S from Tunneltalk]:

There have not been any more reports of Republic sending out any further cease and desist letters to any fans. I don't know whether if s because they don't know how to find us or the two that got sent out were just the result of someone's spate of productivity—let's hope it is one of those two, though I'm still upset that people as sweet and wonderful as Lynette and Kay were harassed. I think the best thing for us to do is, as Lynette says in her letter this issue, not to overreact. If we go about our fannish acdvities quietly and don't do anything to draw undue attention to our zines, art, etc., we might be okay. I think it's ridiculous of them to try to stop us anyway - as l've said before, we're the best source of free publicity any company could ever ask for, and l'm willing to be that for them as long as they leave us alone. I know some zine editors are still sending copies of their publications to the powers-that-be (we don't), and I wonder if that's not an action that should be reconsidered, given certain circumstance. Why make ourselves easy to find?

I've heard also that some fans have panicked over this, even thinking of ceasing publication - I hope that that is not true, or that they will reconsider. Don't let them take away something that gives you pleasure.

There have also been some pretty crazy rumors flying around, especially concerning Creation's role in all of this. Let me assure you that they had no role in it at all — in fact, Gary wouldn't even have known about it if fans hadn't started calling Creation. He has stressed all along to CarolCo the necessary place that zines have in a fandom, actually convincing them to leave us alone, right from the beginning. And, no matter what you have heard, that did not—I repeat, not— have any meetings with CarolCo over this situation. I've had so many people tell me they heard he did, that he was at a cocktail party that CarolCo threw, that he flew out to California to discuss the cease and desist letters with them, etc. etc. I was beginning to half-believe it myself. But — definitely — not true.

[Gwen Lord from Tunneltalk]:

Rumor is getting to me that Republic Pictures is writing to people to stop trading in B&TB merchandise. As they aren't getting any feedback to their baby Beauty and the Beast products. Way back in October 1989, I wrote to them, asking for their permission and asking for how to go about doing everything correctly, e.g., giving them back so much percentage, etc and I didn't receive a reply. So I kept on sending letters. But they must have all fallen into Vincent's abyss! Then in February I sent even more mail, begging for permission as I wanted to launch a fanzine. I didn't know if I'd sell any, but I wanted to try. Still no reply I have copies of all my mail to Republic. Why now do they become interested? Have they finally woken up to the fact that the public loves B&TB? Or are they in trouble money-wise and need the small, even silly small amount of money made, which is immediately plowed back to pay costs, so no money is ever seen. It will be interesting to watch how this situation develops. I, for one, can't wait. It would seem Gabriel is alive and well, now working at Republic Pictures

(Eds' Note: Never, ever, write to any studio and ask for permission to produce a zine, Gwen; since all zines are - technically and intrinsically — illegal, and something most studios wink at, calling their attention to them only forces them to defend their copyright and come after us! I, for one, would rather they didn't know how to find us! I realize you did it in good faith, but even that can be dangerous; they don't really want money from us, nor do they care whether we make or lose money. Once they are aware of our existence, they are legally obligated to tell us to stop. For now — knock on wood — the "cease and desist" movement seems to have stopped; let's hope it stays that way. —Barbara Storey)

Comments from Stephanie A. Wiltse in February/March 1991

Over the past few years there has been an honest assumption that If your print run was small enough, if you didn't call yourself official" or bandy the B&B logo (the type style/layout is trademarked), if the item you had to sell was 'hand- made' and could not be mass-produced, you were in a fairly safe 'gray-area' not even 'cease and desist' would be issued. So long as you weren't "in their proverbial face" with what you were doing, the powers-that-be could simply look the other way in much the same manner as other entertainment conglomerates have done in the past. The "in their face" part is significant. In order to maintain their copyrights to "Beauty and the Beast," Republic and Carolcon must be seen to be guarding their rights to it all times.

[...]

Fan newsletters and fiction-zines have been given a slightly different moniker, and are now considered “promotional activity" not requiring a license. As a source at Carolco put it, "Technically, even doing zines is illegal, but we tend to think of the 'zines and clubs as promotion activities, which the way we look at it is not merchandising. Generally, unless they're x-rated we leave the fanzines alone." Just about everything else - from buttons, stamps & stickers to art- prints- unless they arc made one at a time and to individual order, as offering "a craft service," are considered merchandise and require a license-agreement with Carolco. I you hand-carve something for a person, It's a work of art. If you have a mold and you make something for 2 people out of that mold it's a copyright violation.

When you have a booth at a convention or are selling those wares through the mail and you're giving them your product In exchange for money, you are capitalizing on the property, producing any product and selling It Is a violation of copyright. It's not that anyone gets picked out, it's they get caught.”

[...]

At any rate it seems that to Carolco the licensing process is more Importantly a quality control than a profit sharing venture. It is not that difficult to be licensed, and the fee is usually around 10% of your profit. (Yes, I know, many can barely chuckle at the Irony of the use of the word.} But, profit is not so much the concern at Carolco as quality. There was a groan at the thought of a titanic influx of submissions, but “They are always welcome to submit samples of what they want to do, but most of it quite honestly, is rejected because we require a certain quality. While we respect their desire to do artistic endeavors for the show, we'll be putting Republic's name on it {its seal of approval) . The vast majority of it will be returned with thanks but no thanks. We generally have only a vague letter that goes back saying we only license to corporations, which is for the most part true.” It’s too bad that the fans at large cannot have any input on these esthetic decisions that in effect, affect what they can and cannot buy, but that’s the way it is.

[...]

All rumours to the contrary. Carolco and Republic have not changed a policy which long recognized that there is more to tin* ‘Beauty and the Beast experience’ than just passive consumerism. Presumably, they had already learned from other copyright holders who found that crackdowns only affect those too honest not to take a “cease and desist" seriously. All the rest, some out of economic necessity, others through feeling themselves conscientious in their objection, simply plied their trade more covertly thereafter.

[...]

Let's also remember that what we have all been doing is incorporating something of Beauty and the Beast" into our own lives, had it speak to our 'selves' in such a way that the need is to answer. It is natural to want to creatively mingle and become part of such a romantic/heroic ideal. And the genuine impulse is to return in kind the inner gifts we have received, with interest, not payment due. Profit from this commerce is not made by fans at the production's expense. Let us hope that its true motivation and good will shall continue to be weighty on the scales of corporate justice.

Comments From One of the Recipients of the Letters in March 1991

[Lynette Combs from Tunneltalk]:

Certain rumors are making the rounds of our fandom, with regard to the "cease and desist" letters sent by Republic to Kay Brinkley and myself. So, since I know that no B&TB fan would deliberately slander another, I thought I'd take a moment to set the record straight. One rumor states that Kay and I were held captive at the Family Channel and forced to reveal the contents of X-rated zines. (I'd love to meet whoever thought that one up!)

Another suggests that we revealed such subject matter (and the names and addresses of other fan-artists/authors) willingly, so that the Family Channel could pass that information on to Republic. (Thereby cutting our own throats, and justifying a comfortable "they deserve whatever they get" philosophy.)

A third rumor concerns the Family Channel's refusal to air the third season; and says that our Virginia Beach group, the Dream Seekers, was responsible. I'll tell you honestly — I wish we had been; I was worried about new fans being as hurt as I was by those episodes. Now that kind of wishful thinking may seem, to some people, as reprehensible as the act itself; but, in fact, it simply isn't. In truth, we are less than a dozen members, whatever positive energy (and noise) we're able to generate. We are not a block of religious fanatics intent on censoring B&TB, and most of us wrote to the Family Channel to protest their "editing" of the first two seasons.

Here are the facts: Kay Brinkley and Laurie W. have interviewed Mr. Weirich twice for our fan club publications Until the Night. I've never met the man, or even been on the grounds. Mr. Weirich was interested in the show's following but knew nothing about fan publications (and, frankly, had — and has — other important things to fill up his day). At no time did Kay or Laurie "inform" on other zine writers/artists or pass along copies of fan-fiction. The interviews were aimed at gathering information, not disseminating it.

During their most recent interview with Mr. Weirich, only weeks ago, he answered questions regarding the third season by stating that no decision had "yet" been made about how it was to be promoted; the assumption was that it would indeed by shown, and Kay and Laurie left with that understanding. The reverse-decision (which we heard about from a fan with better connections, in another state) was as much a surprise to us as to everyone else.

We're convinced that the Family Channel had nothing to do with the "cease and desist" letters generated by Republic. We do not choose to speculate on the source of any "anonymous tip" that might have resulted in such letters being sent (so far) only to Kay and me.

Kay Brinkley contacted Mr. Mills, in Republic Pictures Corporation's legal department. He recited chapter-and-verse of RPC's copyright contract with CarolCo, which has had (for three years) licensing rights for "various merchandising articles from the show." The bottom line is that if CarolCo complains of losing profits because of "unlicensed merchandise," then Republic is obligated to enforce that portion of their contract. And that will mean sending out "cease and desist" letters—at least. "Mr. Mills stated that Kay and I were not the only ones who would receive such letters; everyone who came to their attention would be sent them.

Kay mentioned the "reciprocity of fandom" — that in fact the fans are keeping Republic's (and CarolCo's) investment alive, and these very people would be expected to buy movie tickets when the film comes out. She mentioned Paramount's long-time policy of tolerating, even cultivating, its fandom (there have been Star Trek zines around for 25 years). She pointed out that general "cease and desist" mailings could threaten support for B&TB and eventually close down conventions all over the country.

"Mr. Mills wouldn't comment on Paramount's policies. He knows nothing about fandom, and did not know there were Beauty and the Beast conventions going on. The point is that, if they're going after "little fish" like Kay and me, then none of us should feel complacent. If Republic is indeed serious about enforcing this policy (and until that's certain, we must not overreact) (Eds. note: We agree whole-heartedly, Lynette.), all of us are threatened; third season and "classic" fans, zine producers and consumers alike. Ironically, I don't think they could have premeditated a better way to reunite the fandom. And if we don't come together over this then we are fools.

During their most recent interview with Mr. Weirich, only weeks ago, he answered questions regarding the third season by stating that no decision had It was almost worth receiving that miserable letter, just to be made aware of the support that B&TB friends can offer. I've led a reclusive kind of life, and the encouragement that came pouring in from all over the country (after I'd told only two people) was astonishing and completely unexpected. The information-network is incredible. The word "went out on the pipes," and in one day I heard from six different states. Prominent fans, people I'd never spoken to, popular B&TB artists, other zine writers, convention organizers, "classic" and third-season fans alike—all worried, but every one full of the idea that "we must hang together" (as one artist put it) "or we will assuredly hang separately!" — and it was so freely and naturally given. But then, my experience of this fandom has always been overwhelmingly positive.

I still believe that, for the most part, B&TB people are the nicest in the world. The show touched the best of us—and the best in us. I refuse to be made a pawn of the infighting that's split the fandom. I take straight forward approach to rumors and other attacks, and hope people will respect me for it even when they disagree. I take a positive stance because negativism does nothing but feed on itself. I also believe that people who spread unconfirmed rumors do more damage to themselves than to their "victims" ... And people who believe the worst of others, usually see themselves there.

To lend credence to these particular rumors would be to place myself in the peculiar position of "apologizing" for receiving a letter I found very upsetting, for personal and more important reasons.

As for the Dream Seekers ... We are an unstructured group of perhaps a dozen friends who meet every weekend to watch episodes and discuss them and the stories we've read, the movie we hope for, and the actors whose careers we now follow. We do not follow Robert's Rules of Order; we're there to try to keep the spirit of the show alive. We talk about the reading we've done—from the classics and poetry we've been inspired to read, to the X-rated zines we've enjoyed. We bring, letters from pen-pals all over the world, and plan get-togethers with other fan groups. We produce amateur stories, artwork, car signs, buttons—in fact, almost every one of us tries her hand at something, so we generate a tremendous amount of creative energy. We don't all agree, on the third season or anything else. But we laugh; we have a good time and replenish each other. Why else go there?

"When we part, there are hugs all around ... and we mean it. I've heard of meetings where people find little such joy in their fandom, but, frankly, I'd have to see it to believe it.

I think that if we aren't giving one another the same feeling the show used to give us, then we're doing something wrong. And if we get together just to spread gossip—especially about people we don't know—then we're off-course somehow, and we're being cheated of the fun we should be having.

Anyway, all lecturing aside, I thought people would like to get some facts from the horse's mouth instead of from its less reliable end. Keeping the Dream Alive.

Comments by Fans in May 1991

[Sue Krinard from Tunneltalk]:

I've heard personally of two high-profile individuals in this fandom who have claimed that Lynette and Kay "brought the C&D orders down on their own heads," and that this has nothing to do with the rest of us who produce creative B&TB works. I find this a very sad and disturbing attitude. It could have happened to anyone, folks. It could happen to any of us tomorrow.