CBS/Paramount sues to stop Axanar

[wtriker1701]

Well, I guess that's a great loss for those, who knew this Axanar film was the greatest Star Trek movie ever, even before it would have seen the light of day... It most probably won't, though...

The initial marketing campaign was a downright success. The problems most likely began, when the producers possibly realized, there is in fact more money just ready to be given by loyal Star Trek fans, much more money than expected. "Higher Than Expected Budget -> Meet Even Higher Promises -> Meet Even Higher Expectations" - It seemingly became a budgetary desaster relatively early, despite "transparent" accountability.

False hope and naiveté are part of our human nature.

In a parallel world I'd imagine, what would have happened, if CBS/Paramount hadn't intervened. Would filming really have started in February? Would there have been further Indiegogo campaign with the hanging threat of otherwise not being able to finish the product?
Or would it have had the audience, that would just applaud towards a stroke of genius? The backers and us, who could have seen it for free on the interwebs?

Well, it seems unlikely I will find out.

I sincerely hope, no other fan productions will be harmed by what might happen to Ares Studios.

 

[HMS Ark Royal]

These people are living in an unreality. One guy proclaimed that Axanar is Alec Peters property, and that Star Trek is public domain because CBS abandoned it, which means I imagined the last two movies, and the upcoming movie and series.

If that is the case, I, HMS Ark Royal, do hereby make claim to any and all pictures of Lt Jae from Star Trek: The Next Generation



Her and Ensign Ro

 

[BillJ]

You know these guys really are pissing me off now. Stop trying to drag EVERYONE ELSE DOWN WITH YOU!

Yeah. If all Fan Films end up being stopped by CBS, everyone will have Alec Peters to thank for it.

 

[HMS Ark Royal]

You know these guys really are pissing me off now. Stop trying to drag EVERYONE ELSE DOWN WITH YOU!

Yeah. If all Fan Films end up being stopped by CBS, everyone will have Alec Peters to thank for it.

In that case, could we see

TREKKIES v ALEC PETERS on a class suit soon?

 

[Woulfe]

Now that we've pretty much started comparing this to the Titanic...
- Act one, Scene One, On the good ship HMS Axanar -
Fans who saw this coming a mile away : ICE-BURG AHEAD !
( Huge as heck ice-burg with CBS eye on it )
AP : There is no Ice-Burg, full steam ahead
( Pulls the lever to full steam ahead )
FWSTCMA : Well, we're out...
( Jumps off ship before it even hits the ice-burg )
CBS : What's all this then ?
( Ship runs right into the CBS eye )

 

[Woulfe]

I wonder if the good people at ST New Voyages/Continues can sue Peters for slander.

At this point, I don't see why not, they can sit on CBS's side of the court room.

Fans suing other Fans, that would be all over the Internet, showing that not all Trek fans are insane.

We could use some good press right now.

 

[Woulfe]

You know these guys really are pissing me off now. Stop trying to drag EVERYONE ELSE DOWN WITH YOU!

Yeah. If all Fan Films end up being stopped by CBS, everyone will have Alec Peters to thank for it.

In that case, could we see

TREKKIES v ALEC PETERS on a class suit soon?

The court room is gonna be crowded on one side if this keeps up, lets see, we have the other Fan Film Productions, CBS / Para, Sane Star Trek Fans on one side, The Axanar Crew, Not So Sane Star Trek Fans, on the other side.

 

[BillJ]

The delusions run so deep on their Facebook page, I don't think a 55-gallon drum of Prozac could cure it.

 

[Woulfe]

The delusions run so deep on their Facebook page, I don't think a 55-gallon drum of Prozac could cure it.

What about a good swift kick right in the Axanards ?



Wait... that's CBS legal dept job isn't it ?

 

[Warped9]

The delusions run so deep on their Facebook page, I don't think a 55-gallon drum of Prozac could cure it.

 

[JirinPanthosa]

Fan films should qualify under Fair Use if they aren't using specific copyrighted characters or profiting off the product. They're clearly 'Transformative Use' and clearly don't interfere with CBS' ability to profit off the copyright.

Of course, Fair Use should have also applied to a lot of the suits Disney has won. Big companies with big lawyers tend to be above the law in Fair Use judgments.

 

[JoeZhang]

Fan films should qualify under Fair Use if they aren't using specific copyrighted characters or profiting off the product. They're clearly 'Transformative Use' and clearly don't interfere with CBS' ability to profit off the copyright.

Of course, Fair Use should have also applied to a lot of the suits Disney has won. Big companies with big lawyers tend to be above the law in Fair Use judgments.

Most fan films ape the originals so much i think you would find it hard to argue they are transformative use.

 

[SuperSpaceMan]

Fan films should qualify under Fair Use if they aren't using specific copyrighted characters or profiting off the product. They're clearly 'Transformative Use' and clearly don't interfere with CBS' ability to profit off the copyright.

Of course, Fair Use should have also applied to a lot of the suits Disney has won. Big companies with big lawyers tend to be above the law in Fair Use judgments.

How is this transformative use?i

It would be one thing to take Garth a fully restored on, turn him into a mental health professional and have a movie with him treating patients... But this movie is about the federation... This movie is about Starfleet... Nothing in and of itself in Axanar is original except the specific story, every thing else is a lift and shift from Star Trek Works... Even the main character.... Whom, I suspect under swg rules would probably be owed compensation..

 

[HMS Ark Royal]

Slightly off topic, but I am doing a media course (just to brush up a few things) and had planned a little mickey take of me in a Starfleet uniform thinking it was all real and going round my life thinking I was kirk...

Would CBS/Paramount be okay with that under fair use?

 

[JirinPanthosa]

I suppose it depends on the specific production. Something could take place in the Federation in events referred to in Trek but still cast a new insight or understanding of the original work.

And anyway I read up more on Fair Use and Copyright Infringement and Copyright Infringement requires the act to be 'willful and for profit', so fan productions that do not make profit should not be Copyright Infringement. The exceptions apply to copying and distribution.

 

[JoeZhang]

I suppose it depends on the specific production. Something could take place in the Federation in events referred to in Trek but still cast a new insight or understanding of the original work.

And anyway I read up more on Fair Use and Copyright Infringement and Copyright Infringement requires the act to be 'willful and for profit', so fan productions that do not make profit should not be Copyright Infringement. The exceptions apply to copying and distribution.

It actually says for nonprofit educational usage - there is no argument that axanar or indeed any of the fan films i can think could make that leap..

 

[HMS Ark Royal]

Oh, so my little media studies thing would be okay then?

 

[SeerSGB]

The delusions run so deep on their Facebook page, I don't think a 55-gallon drum of Prozac could cure it.

What about a good swift kick right in the Axanards ?



Wait... that's CBS legal dept job isn't it ?

Peters will be lucky if CBS Legal leaves him with his Axanards at the end of all this.

 

[HMS Ark Royal]

The delusions run so deep on their Facebook page, I don't think a 55-gallon drum of Prozac could cure it.

What about a good swift kick right in the Axanards ?



Wait... that's CBS legal dept job isn't it ?

Peters will be lucky if CBS Legal leaves him with his Axanards at the end of all this.

I think they have Peters by the Bolians

 

[SeerSGB]

I suppose it depends on the specific production. Something could take place in the Federation in events referred to in Trek but still cast a new insight or understanding of the original work.

And anyway I read up more on Fair Use and Copyright Infringement and Copyright Infringement requires the act to be 'willful and for profit', so fan productions that do not make profit should not be Copyright Infringement. The exceptions apply to copying and distribution.

It actually says for nonprofit educational usage - there is no argument that axanar or indeed any of the fan films i can think could make that leap..

Straight from the horse's mouth: http://copyright.gov/fair-use/more-info.html

This does not mean, however, that all nonprofit education and noncommercial uses are fair and all commercial uses are not fair; instead, courts will balance the purpose and character of the use against the other factors below. Additionally, “transformative” uses are more likely to be considered fair. Transformative uses are those that add something new, with a further purpose or different character, and do not substitute for the original use of the work.

Not making money doesn't make it okay.

As for the transformative debate, notice the conditional "No Substitute". All CBS has to do is agrue that Axanar (1) doesn't anything new or different (example: they're reusing known characters, designs, and events, so that's not new or different), and that Axanar could be competition, an attempt to substitute CBS's upcoming online Star Trek series.

If you go through all the tests, Axanar fails on everyone of them.