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CBS/Paramount sues to stop Axanar

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Thanks to whomever posted the "annual report". A few highlights...

One of my pet peeves has been that Axanar / Alec and girlfriend have travelled over the world for promotion. Not sure how that plays against crowdfunding... really you're funding this guy on vacation?

Some examples from their own report:

PRELUDE:
- 4/18/14 Table at Spacefest $200
- 4/21/14 Cards for Table $548.64
- 4/24/14 Hotels.ccom - hotel $537.28
- 4/29/14 Delta - Fedcon Airfare - $1,624.20
- 7/9/14 San Diego Comic Con - Ticket - $165.00
- 7/23/14 Delta - Airfare - $459.70

(note excludes some items like meals).


AXANAR (according to report, "rough breakdown")
- Advertising $6,246.83
- Auto $9,163.62
- Convention Expenses $2,670.00
- Film Festival Fees $2,180.88
- Travel $9,018.92

Yeah, this all sounds like production expenses to me. Gosh he went waaaaay overboard.


The company I used to work for we'd drop 20-30K per trade show, airfare, hotel, shipping it adds up real quick
 
I through the blog post from Peters linked to on the last page, and I didn't realize none of the cast members they've been promoting are actually officially cast. I understand most of them have expressed a willingness to appear, but it seems a little iffy to me to be using all of these names to promote the movie when you don't have a 100% solid guarentee that they will absolutely be appearing in the final movie. Just look what happened with Tony Todd, and he seemed to be one of the actors they were promoting the heaviest. I know he appeared in Prelude, but all of the promotional stuff made it sound like he would be in the final film to.

I have to wonder if it's a bad idea calling it a professional film, I thought one of the ways that fan films were able to exist is that they weren't "professional" productions. I know a lot of the recent ones are pretty much at a professional level, but I didn't think they were allowed to actual be "professional".
Peters wants to use this to launch a producing career? That seems like a bad idea, since fan films are typically mostly considered amateur projects. Not to mention the fact that they are so far outside the Hollywood system that mainstream members of that system would probably laugh him out of the room if all he had on his resume was one Star Trek fan film, especially now with so much controversy around Axanar.
I'm thinking if he seriously wanted to start a mainstream Hollywood producing career he'd probably be better off dropping Axanar altogether and doing something original.
 
69k people is a large following?


Apparently only 8k of them are employed and able to part with $15.

I think the most dedicated followers can be counted through the change.org petition. Then you've got your casual followers (who are willing and able to donate) and the people who donate a couple of bucks to anything that looks interesting. The Facebook page adds in the very casual followers (who don't particularly want to throw any money at the project, but do want to see what happens.)
 
Melinda Snodgrass just announced on her Facebook page that she has exited "Renegades" because of this lawsuit.

Melinda Snodgrass said:
I've been remaining silent and watching the CBS/Paramount/Axanar rumble taking place, but it's time for me to weigh in. First this isn't a copyright issue, it's a trademark issue, and a trademark is far more lucrative and valuable then a copyright. There are also rules governing trademark that require that said trademark be "vigorously defended". If you don't you lose the trademark. Which is why given the Star Trek activity that's occurring -- new movie this year, new series in 2017 -- the studio and network felt they had to move against the fan based productions.

So far a cease and desist order has only been issued and a lawsuit filed against Axanar, but speaking as a former attorney I see no way for CBS and Paramount to turn a blind eye to the other fan efforts. As it is they have an "unclean hands" issue because they allowed the fan productions to go forward for so many years without reacting. Now that they are taking notice they will have to take notice across the board -- no exceptions. That's my best prediction based on training and education.

Because I am a professional screenwriter and also as a trained attorney I feel I have to step away from any involvement with any Star Trek fan funded project. Out of love for Star Trek, and the chance to write for two wonderful actors from the original series I was excited to write a new Trek script. And at the time I agreed to do this CBS was giving everyone tacit approval, a sort of wink and a nod. That is no longer the case.

Am I disappointed? Of course. Having met Walter I would love to have written for him, but it's not to be. Look, I don't blame the network or the studio. Bottom line the intellectual property that is Star Trek belongs to them. They have an obligation and a right to protect their asset.
 
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Another question to the Legal folks here... would CBS/Paramount be within their rights to require You Tube to pull videos that they believe contain Copyrighted works (Prelude, the Vulcan Scene) ? If so, how come, do you think, they haven't yet done that?

Sure, they could issue a DMCA takedown notice right now if they wanted. I suspect their failure to do so is more about corporate bureaucracy than anything else. Usually the in-house legal department handles this sort of thing. You're not going to pay outside litigation counsel to monitor YouTube.
 
I didn't realize none of the cast members they've been promoting are actually officially cast. I understand most of them have expressed a willingness to appear, but it seems a little iffy to me to be using all of these names to promote the movie when you don't have a 100% solid guarentee that they will absolutely be appearing in the final movie.

I asked a similar thing a few pages back but it got lost with so many things going on. I wonder the same thing.......even his recasting Garth now.........People donated to see more of what Prelude was........now with 4-6 weeks before they want to shoot it, nobody is actually signed? Isn't this odd?
 
I wonder what its going to take for Peters to settle this thing. I mean, he doesn't have a chance in hell to win it and it's going to keep on keepin' on until an injunction. CBS/Paramount is probably not get their $150k per infringement either by Axanar/Peters bankruptcy or the Court allowing for a lesser verdict. Axanar will likely be halted here via an injunction in the next month. I mean I know why this is happening. But what is the endgame here?

I definitely think Peters could wake up tomorrow, realize it's over and surrender. I spent 10 years covering federal antitrust litigation. In almost all of those cases, you had an overmatched defendant facing the wrath of the government. A lot of these guys told me they planned to fight, the law was on their side, etc. (and a lot of times it was), but once the reality of litigation set in, their resolve simply collapsed.

Case in point: I was talking one time to the CEO of a small company who got into some issues with the Federal Trade Commission. He thought he could persuade the FTC to drop the case, so he went with his lawyer and another executive to meet with them. Three guys. The FTC showed up with 25 lawyers and staff. That's when the CEO knew it was time to tuck tail and run away.

As Smoked Salmon has pointed out, Peters may have passed the bar, but he's not a litigator. Litigation is a time-consuming and costly process. And Peters doesn't have time or money on his side.
 
Melinda Snodgrass just announced on her Facebook page that she has exited "Renegades" because of this lawsuit.

Hate to see it, but I think MOST people with any sense will all be going into CYA mode till they see what happens.
 
Melinda Snodgrass just announced on her Facebook page that she has exited "Renegades" because of this lawsuit.

Melinda Snodgrass said:
I've been remaining silent and watching the CBS/Paramount/Axanar rumble taking place, but it's time for me to weigh in. First this isn't a copyright issue, it's a trademark issue, and a trademark is far more lucrative and valuable then a copyright. There are also rules governing trademark that require that said trademark be "vigorously defended". If you don't you lose the trademark. Which is why given the Star Trek activity that's occurring -- new movie this year, new series in 2017 -- the studio and network felt they had to move against the fan based productions.

So far a cease and desist order has only been issued and a lawsuit filed against Axanar, but speaking as a former attorney I see no way for CBS and Paramount to turn a blind eye to the other fan efforts. As it is they have an "unclean hands" issue because they allowed the fan productions to go forward for so many years without reacting. Now that they are taking notice they will have to take notice across the board -- no exceptions. That's my best prediction based on training and education.

Because I am a professional screenwriter and also as a trained attorney I feel I have to step away from any involvement with any Star Trek fan funded project. Out of love for Star Trek, and the chance to write for two wonderful actors from the original series I was excited to write a new Trek script. And at the time I agreed to do this CBS was giving everyone tacit approval, a sort of wink and a nod. That is no longer the case.

Am I disappointed? Of course. Having met Walter I would love to have written for him, but it's not to be. Look, I don't blame the network or the studio. Bottom line the intellectual property that is Star Trek belongs to them. They have an obligation and a right to protect their asset.

I respectfully disagree with Snodgrass that this isn't a copyright issue, but she's right about trademarks. It's notable there's no mention of trademarks at all in the complaint. But the studios are free to amend the complaint later and add claims. Perhaps the reason the studios declined to pursue the trademark claim right away is they are preparing a larger move against the other fan films.
 
Melinda Snodgrass just announced on her Facebook page that she has exited "Renegades" because of this lawsuit.

Melinda Snodgrass said:
I've been remaining silent and watching the CBS/Paramount/Axanar rumble taking place, but it's time for me to weigh in. First this isn't a copyright issue, it's a trademark issue, and a trademark is far more lucrative and valuable then a copyright. There are also rules governing trademark that require that said trademark be "vigorously defended". If you don't you lose the trademark. Which is why given the Star Trek activity that's occurring -- new movie this year, new series in 2017 -- the studio and network felt they had to move against the fan based productions.

So far a cease and desist order has only been issued and a lawsuit filed against Axanar, but speaking as a former attorney I see no way for CBS and Paramount to turn a blind eye to the other fan efforts. As it is they have an "unclean hands" issue because they allowed the fan productions to go forward for so many years without reacting. Now that they are taking notice they will have to take notice across the board -- no exceptions. That's my best prediction based on training and education.

Because I am a professional screenwriter and also as a trained attorney I feel I have to step away from any involvement with any Star Trek fan funded project. Out of love for Star Trek, and the chance to write for two wonderful actors from the original series I was excited to write a new Trek script. And at the time I agreed to do this CBS was giving everyone tacit approval, a sort of wink and a nod. That is no longer the case.

Am I disappointed? Of course. Having met Walter I would love to have written for him, but it's not to be. Look, I don't blame the network or the studio. Bottom line the intellectual property that is Star Trek belongs to them. They have an obligation and a right to protect their asset.

She had left after the new series announcement, but was going to come back to help us write the script. She had been on the fence about STR. This incident has shaken her up a little bit. Melinda is a wonder person and we respect her decision.

Can't really blame anyone attached to any of the fan films from being a bit nervous about the future of the productions they are with.

#istandwithfanfilms
 
David Gerrold said:
In more recent years, many fans of the original series have expressed their dislike of the Jar Jar Abrams version of Trek.

Dear Mr. Gerrold,

Could we have a little professional courtesy here? Regardless of your feelings about his productions, Mr. Abrams has repeatedly demonstrated a capacity to put together successful high profile releases. These sort of personal attacks are in line with with how the Axanar group responds to things they don't like. It's almost as bad as Alec Peters revealing Tony Todd's rate. That's nobody's business.

Neil
 
David Gerrold said:
In more recent years, many fans of the original series have expressed their dislike of the Jar Jar Abrams version of Trek.

Dear Mr. Gerrold,

Could we have a little professional courtesy here? Regardless of your feelings about his productions, Mr. Abrams has repeatedly demonstrated a capacity to put together successful high profile releases. These sort of personal attacks are in line with with how the Axanar group responds to things they don't like. It's almost as bad as Alec Peters revealing Tony Todd's rate. That's nobody's business.

Neil

Thank you! #stayclassy

I'm sure somewhere there is a Mission Impossible BBS where they bitch about how JJ ruined their childhood too. :rommie:
 
I missed that - Gerrold actually called Abrams "Jar Jar?"

Well, you can do a lot for people, but you can't give a guy class.
 
Melinda Snodgrass just announced on her Facebook page that she has exited "Renegades" because of this lawsuit.

Melinda Snodgrass said:
I've been remaining silent and watching the CBS/Paramount/Axanar rumble taking place, but it's time for me to weigh in. First this isn't a copyright issue, it's a trademark issue, and a trademark is far more lucrative and valuable then a copyright. There are also rules governing trademark that require that said trademark be "vigorously defended". If you don't you lose the trademark. Which is why given the Star Trek activity that's occurring -- new movie this year, new series in 2017 -- the studio and network felt they had to move against the fan based productions.

So far a cease and desist order has only been issued and a lawsuit filed against Axanar, but speaking as a former attorney I see no way for CBS and Paramount to turn a blind eye to the other fan efforts. As it is they have an "unclean hands" issue because they allowed the fan productions to go forward for so many years without reacting. Now that they are taking notice they will have to take notice across the board -- no exceptions. That's my best prediction based on training and education.

Because I am a professional screenwriter and also as a trained attorney I feel I have to step away from any involvement with any Star Trek fan funded project. Out of love for Star Trek, and the chance to write for two wonderful actors from the original series I was excited to write a new Trek script. And at the time I agreed to do this CBS was giving everyone tacit approval, a sort of wink and a nod. That is no longer the case.

Am I disappointed? Of course. Having met Walter I would love to have written for him, but it's not to be. Look, I don't blame the network or the studio. Bottom line the intellectual property that is Star Trek belongs to them. They have an obligation and a right to protect their asset.

I respectfully disagree with Snodgrass that this isn't a copyright issue, but she's right about trademarks. It's notable there's no mention of trademarks at all in the complaint. But the studios are free to amend the complaint later and add claims. Perhaps the reason the studios declined to pursue the trademark claim right away is they are preparing a larger move against the other fan films.

What's interesting, is if CBS is moving against fan films, then why, just a few months ago, did they contact Star Trek Continues, and ask them to change their logo?
 
I missed that - Gerrold actually called Abrams "Jar Jar?"

Well, you can do a lot for people, but you can't give a guy class.

I'm sure JJ loses sleep over it as he smashes every box office record........he doesn't have time to work on fan films like Gerrold.
 
A thought.

If we take the logic of Peters to the Nth degree, what is there to stop another studio or network (abc, Fox, BBC) producing their own version of "Star Trek" as long as they don't make a profit. A "loss leader" sort of thing - to raise the profile of the studio/network. The BBC is publicly funded. I don't think they even have to make a profit.

If that's his only argument - that as long as you don't make a profit that's okay (notwithstanding he seems to be paying...everyone) then he doesn't have a leg to stand on.

The man's mad. :guffaw:
 
Since contacting Continues they may have simply had a change of policy, bosses may have changed towards the top with people who take a dimmer view of fan films... who knows at this point it is all speculation.
 
Peters doesn't even seem to get the idea that he can't make a profit. Not just the studio. That's the baffling thing. So, the idea that the studio doesn't make a profit wouldn't probably even register.

And I don't even want to get started on Gerrold. I respected the man very much until that statement about Abrams. But whatever, JJ's having a really good year already. Why would he care?
 
Since contacting Continues they may have simply had a change of policy, bosses may have changed towards the top with people who take a dimmer view of fan films... who knows at this point it is all speculation.

This was in September....

I would expect, this action has been churning between CBS and Paramount since at least STLV... when they met with Alec....
 
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