CBS/Paramount sues to stop Axanar

[Relayer1]

5

What use are sets and production materials (such as scripts) if seized ?

Obviously useful to other fanfilms, but I'd think most other fanfilms will be giving anything tainted by Axanar a wide berth....

I was thinking more of unused materials and equipment of value, like cameras, sound equipment and so on. Built sets will be worthless for all intents and purposes.

But a damned shame to waste when there's so many potential users. Likewise digital models for CG...

 

[Iamnotspock]

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

Those items would need to be returned as soon as the production was unable to pay for them - and that would certainly be the case if there was any kind of substantial order against the assets of the kind this case seeks. IN any event, a loaned item isn't an asset for the purposes of assessing the production company's worth.

So about the same as UK law then...

I bet some of the actors and actresses signed up for this are worried about black marks

"De law is de law. Vot can be done?"

 

[HMS Ark Royal]

What use are sets and production materials (such as scripts) if seized ?

Obviously useful to other fanfilms, but I'd think most other fanfilms will be giving anything tainted by Axanar a wide berth....

I was thinking more of unused materials and equipment of value, like cameras, sound equipment and so on. Built sets will be worthless for all intents and purposes.

Would somebody be allowed to purchase the Bridge set as a private concern?

 

[Relayer1]

What use are sets and production materials (such as scripts) if seized ?

Obviously useful to other fanfilms, but I'd think most other fanfilms will be giving anything tainted by Axanar a wide berth....

I was thinking more of unused materials and equipment of value, like cameras, sound equipment and so on. Built sets will be worthless for all intents and purposes.

Would somebody be allowed to purchase the Bridge set as a private concern?

Pictures in minds eye - HMS Ark Royal in his Trek pj's sat in the centre seat, can in hand watching telly on the big scteen...

 

[HMS Ark Royal]

I was thinking more of unused materials and equipment of value, like cameras, sound equipment and so on. Built sets will be worthless for all intents and purposes.

Would somebody be allowed to purchase the Bridge set as a private concern?

Pictures in minds eye - HMS Ark Royal in his Trek pj's sat in the centre seat, can in hand watching telly on the big scteen...

I do not wear pyjamas

Take that statement as you will...

 

[Smoked Salmon]

Probably whatever cash they have in the bank along with materials and equipment. I believe the studio was said to be rented.

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

Well, in all likelihood, if CBS and Paramount get a monetary judgment against Axanar Productions, Inc., the company will immediately file for bankruptcy protection. A bankruptcy trustee would then supervise the liquidation of any assets to pay Paramount, CBS and any other creditors.

That's not a given at all. There are other enforcement options available, and it is at the court's discretion to make directions on how a judgment debt is to be paid, whether or not there is to be a stay of enforcement, the time for payment and any installment plan proposed by the defendant.

 

[SuperSpaceMan]

Probably whatever cash they have in the bank along with materials and equipment. I believe the studio was said to be rented.

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

Well, in all likelihood, if CBS and Paramount get a monetary judgment against Axanar Productions, Inc., the company will immediately file for bankruptcy protection. A bankruptcy trustee would then supervise the liquidation of any assets to pay Paramount, CBS and any other creditors.

I imagine, the injunction is a smart legal tactic... Especially given the 13k per month rent at Ares Studios.. Get the injunction, and draw out the actual trial long enough to burn through a bunch of donor money... That way CBS has far more leverage in securing an out of court settlement...

 

[Smoked Salmon]

What use are sets and production materials (such as scripts) if seized ?

Obviously useful to other fanfilms, but I'd think most other fanfilms will be giving anything tainted by Axanar a wide berth....

I was thinking more of unused materials and equipment of value, like cameras, sound equipment and so on. Built sets will be worthless for all intents and purposes.

Would somebody be allowed to purchase the Bridge set as a private concern?

I expect so, and any funds raised could obviously go towards the judgment debt. If the set isn't used by the new owner than there wouldn't be any infringement. It would be no different from a home made prop or custom action figure.

 

[PPatters]

I bet some of the actors and actresses signed up for this are worried about black marks

Some perhaps, but some of the more high profile ones have come to Axanar's defense, including Richard Hatch and Gary Graham.

 

[Professor Zoom]

Would somebody be allowed to purchase the Bridge set as a private concern?

Pictures in minds eye - HMS Ark Royal in his Trek pj's sat in the centre seat, can in hand watching telly on the big scteen...

I do not wear pyjamas

Take that statement as you will...

Then put a towel down on the captain's seat. Someone might also want to sit down.

I bet some of the actors and actresses signed up for this are worried about black marks

Some perhaps, but some of the more high profile ones have come to Axanar's defense, including Richard Hatch and Gary Graham.

One wonders how Graham would feel if someone profited off his image without paying him.

 

[Smoked Salmon]

I presume that if any seizure was ordered, there would be some record of what belonged to who?

ie: If a person loaned Ares Productions four fire extinguishers and some studio lights, those would be returned to their rightful owner?

Well, in all likelihood, if CBS and Paramount get a monetary judgment against Axanar Productions, Inc., the company will immediately file for bankruptcy protection. A bankruptcy trustee would then supervise the liquidation of any assets to pay Paramount, CBS and any other creditors.

I imagine, the injunction is a smart legal tactic... Especially given the 13k per month rent at Ares Studios.. Get the injunction, and draw out the actual trial long enough to burn through a bunch of donor money... That way CBS has far more leverage in securing an out of court settlement...

The injunction will halt the production, so the donor money won't be used and the longer the litigation goes on for the higher the costs order will be if they lose, which means if Peters & Co can't afford to settle the judgment the studio might find itself more out of pocket. Both parties would therefore have an incentive to settle - but something tells me that Peters won't make it that easy.

Litigation is often about what is financially a good investment as much as it is the law.

 

[Smoked Salmon]

I bet some of the actors and actresses signed up for this are worried about black marks

Some perhaps, but some of the more high profile ones have come to Axanar's defense, including Richard Hatch and Gary Graham.

Tony Todd hasn't...and Hatch is only really saying it's a shame it couldn't be a co-production with the studio.

Besides, actors are hardly well versed in legal matters.

 

[Amaris]

I said as much a couple of days ago. There is no smoking gun. You do not need to read past authority to have been able to deduce this. Infringement is infringement and the flexibility of the studio towards fan productions doesn't deny them their rights under the law.

Okay, I was being dramatic when I said "smoking gun," but I think this particular case is important because it directly addresses Star Trek. I don't see how Axanar defenders can ignore or argue around this.

If it helps, when you said "smoking gun" I immediately read it in Raymond Burr's voice.

 

[SuperSpaceMan]

Well, in all likelihood, if CBS and Paramount get a monetary judgment against Axanar Productions, Inc., the company will immediately file for bankruptcy protection. A bankruptcy trustee would then supervise the liquidation of any assets to pay Paramount, CBS and any other creditors.

I imagine, the injunction is a smart legal tactic... Especially given the 13k per month rent at Ares Studios.. Get the injunction, and draw out the actual trial long enough to burn through a bunch of donor money... That way CBS has far more leverage in securing an out of court settlement...

The injunction will halt the production, so the donor money won't be used and the longer the litigation goes on for the higher the costs order will be if they lose, which means if Peters & Co can't afford to settle the judgment the studio might find itself more out of pocket. Both parties would therefore have an incentive to settle - but something tells me that Peters won't make it that easy.

Litigation is often about what is financially a good investment as much as it is the law.

So, who pays rent on the warehouse while the injunction is in effect?

 

[PPatters]

Tony Todd hasn't...and Hatch is only really saying it's a shame it couldn't be a co-production with the studio.

Besides, actors are hardly well versed in legal matters.

Correct. I wasn't trying to say that their opinions were right; and since Tony Todd's responses have been documented in the thread (and he technically, according to him at least, hasn't been involved with the production for four months), I didn't want to reiterate what others had already posted.

 

[Smoked Salmon]

I imagine, the injunction is a smart legal tactic... Especially given the 13k per month rent at Ares Studios.. Get the injunction, and draw out the actual trial long enough to burn through a bunch of donor money... That way CBS has far more leverage in securing an out of court settlement...

The injunction will halt the production, so the donor money won't be used and the longer the litigation goes on for the higher the costs order will be if they lose, which means if Peters & Co can't afford to settle the judgment the studio might find itself more out of pocket. Both parties would therefore have an incentive to settle - but something tells me that Peters won't make it that easy.

Litigation is often about what is financially a good investment as much as it is the law.

So, who pays rent on the warehouse while the injunction is in effect?

Peters & Co. Their liability to pay rent will continue until the tenancy is terminated.

The injunction will be to cease production and any commercial activity related to it (such as the coffee) based on the claim as drafted. The act of renting property isn't in itself a breach of copyright. Of course, the studio could also ask the court to order a freeze on assets - which would mean that Peters & Co would be unable to pay the rent and could face proceedings for eviction.

 

[oswriter]

I was digging through the court records on the Carol Publishing case I referenced earlier, and there Paramount apparently did not actually collect any monetary damages. The parties reached a settlement where the publisher simply had to destroy all remaining copies of the infringing books they had in stock. Similarly, I would expect the studios here would require Peters and Axanar Productions to destroy (or turn over to them) any sets, props, costumes, and models developed in connection with Axanar. CBS and Paramount would likely be satisfied with that and not seek further monetary damages.

 

[SeerSGB]

I wonder if Gerrold would be forgiving if someone used his IPs with permission and made a small fortune in the process.

 

[oswriter]

I wonder if Gerrold would be forgiving if someone used his IPs with permission and made a small fortune in the process.

Hey, the tribbles were only a "minor character" who appeared in only one episode of TOS. (Heck, they didn't even have any lines.) So I say they're fair game!

 

[Professor Zoom]

I wonder if Gerrold would be forgiving if someone used his IPs with permission and made a small fortune in the process.

Hey, the tribbles were only a "minor character" who appeared in only one episode of TOS. (Heck, they didn't even have any lines.) So I say they're fair game!

I doubt he gets a cut of the Tribble money. Maybe that's why he's so cavalier about CBS's IP.