Millions on the internet are anticipating the launch of the fan-made movie Spider-Man: Lotus — but how have the creators made it without Marvel's permission?
The upcoming Spider-Man adaptation has no affiliation with Sony, Disney or Marvel Studios, the three studios that have released movies featuring Peter Parker's alter-ego in the last decade.
Spider-Man: Lotus is launching for free online as a fan-made, not-for-profit entity on August 10, but is it safe from legal action from major Hollywood studios? Newsweek's experts suggest not.
Fan-made movies are nothing new, with Spider-Man, Batman, Iron Man and Superman all having their own short films released. Spider-Man: Lotus stood out from the crowd immediately, with millions viewing the trailer upon its release in 2021.
Since then, the young filmmakers involved in production of Spider-Man: Lotus have had to deal with controversy, including allegations of past racist messages aimed at the lead actor Warden Wayne—who later issued a public apology. The writer and director Gavin J. Konop, who was a teenager during production, also addressed his past online behavior and issued an apology video. Newsweek has reached out to both Wayne and Konop for further comment.
Stefano Da Frè, a director and producer, has weighed in on the legality of fan-made movies, suggesting major studios usually choose to turn a blind eye on them.
"The loyal fan base of the Marvel Cinematic over the past two decades has often created fan-based films on YouTube, albeit at a much lower quality, so in the past it was easy to distinguish between Marvel Studio's version and a fan-made version," Da Frè, who is also president of Rosso Films International, told Newsweek.
"However, with the emergence of new technologies, and the current news of past prejudice comments involving the creators of the fan film Spider-Man: Lotus—when do studios get involved to pull the plug on these fan-made films?"
The fan-made movies are often crowdfunded and are highlighted as not-for-profit which Da Frè notes is what usually keeps it clear of legal troubles. However, in his opinion, this isn't an ironclad defense.
"Because they are not making or recouping any money on these fan-made films, the studio executives have often avoided litigating these fans. Firstly, this is because Marvel Studios has generally been of the mindset that it's not a great idea to take your fans to court, especially since that same fan base tends to be loyal to future film releases. Moreover, the quality of those films are clearly not working within acceptable standards of a feature film release and distribution for Marvel Studios."
Da Frè continued; "That being said, what these fans are doing is in fact completely illegal and should those fan-based films find themselves in a tangled web of controversy, especially that of Spider-Man: Lotus, you'll quickly see the studios reaction to protect the 'image' and 'integrity' of the Spider-Man franchise."
Fan-made movies appear to exist in a gray area for studios. A number of times in the 21st century, fan-made movies have argued Fair Use as a defense for their not-for-profit movies, but have often had to seek the permission of studios and rights holders for their blessing.
2009's Lord of The Rings: Hunt for Gollum had to get the permission of Tolkien Enterprises, while Pixar approved a live-action fan remake of Toy Story 3 in 2020.
It is unknown if Sony or Marvel Studios granted Konop permission to make Spider-Man: Lotus, but Jon Watts, the director of Tom Holland's Spider-Man trilogy, gave his blessing, messaging him to compliment the trailer when it first dropped in 2021.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Jamie Burton is a Newsweek Senior TV and Film Reporter (Interviews) based in London, U.K. His focus is reporting on ... Read more
