Sanctioned Derivative Works

How could the project of the Battlestar Gallactica Video Maker be improved? Right now, the sanctioning of derivative works is highly mediated. The practice of fans is appropriated for publicity/commercial gain and worked into a controlled framework. The main issue with this is that the possibility of transformative works which might produce a commentary or critique is undermined. One cannot work within the protocol and against it. Can we hope to see the removal of proprietary constraints on sanctioned/unsanctioned derivative production?