Not sure if you are aware of this or not, but fan films aren't licensed to borrow content from other movies unless they pay up to whomever owns the rights to the characters, title, etc., sooo... The franchise could still sue HIM. I highly doubt an up-and-coming filmmaker who spent "500 dollars" as he claims (not that I'm disputing it, but he could have put any number he wanted in there and how could we disprove it?) has the money to afford paying the licensing fees to the original production company. And no, simply crediting the music, characters, etc. to the original artists in credits and/or disclaimer is not enough. If you wanna use Hollywood Intellectual Property, you're gonna have to pay up; otherwise you're rolling the dice on whether or not you're gonna get sued for IP theft.
Soooo... long story short, while this "fan film" may have come up with this new spin, the source material is still copyrighted, thus the fan film is still ripping off Hollywood IP.
If Jack uses another Jill's intellectual property to make his own movie, he can't watch Jill use his IP to make a movie and then claim she stole his ideas.
I think we should celebrate the sharing of culture and exchange of ideas as long as no theft is actually occurring. If anything, the indie filmmaker stole from the Predator guys. I do despair at artists and creatives being hurt by the theft from companies (or their peers) but I'm not worried about the original owners of a property making movies.
Nothing stops them from doing that all the time. For example Pixels was a ripoff of a short movie, the short movies maker tried to sue them to stop, they lost the court and released the movie anyway. And now what was a cool short movie is replaced in peoples mind by the absolute garbage hollywood put out.
surely that would mean the short movie authors were entitled to a cut? probly a big one?
...as per Silent Bob's point in "Jay & Silent Bob strike back" Silent Bob: Oh, but I think it is. We had a deal with you on the comics, remember? For likeness rights? And as we're not only the artistic basis, but also obviously the character basis for your intellectual property, "Bluntman and Chronic," when said property was optioned by Miramax Films, you were legally obliged to secure our permission to transfer the concept to another medium. As you failed to do that, Banky, you are in breach of the original contract. Ergo, you find yourself in a VERY actionable position.