Hi folks.
Been lurking here for around six months now, and thought I'd finally chime in. Ironically enough, it was
Prelude to Axanar, and researching the Axanar team, that led me to TrekBBS. I was thinking of donating to the next Kickstarter back then, but there was enough weirdness surrounding Mr. Peters that I wasn't willing to risk it; I decided to wait and see.
Even before the lawsuit, the highly mobile goalposts made me very glad that I didn't.
I'm hoping that the suit was spawned more by the business practices around Axanar than anything else; I'm very concerned for the Renegades team and others, and have my fingers crossed that the studios feel respected enough by them that they'll be left alone, but time will tell.
Since there are a couple of legal eagles here, I wanted to point something out that I ran across and see if anyone has an informed opinion on the matter.
I come from the tech world, and when it comes to IP, there's a lot of talk there about "derivative works". Looking into it a bit, I found this gem:
In any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such material has been used unlawfully.
(Source:
http://copyright.gov/circs/circ14.pdf, page 2, top-right paragraph)
My read is that the stuff Axanar has produced cannot be copyrighted. As such, it's more or less in the public domain (with the obvious exception of the already-infringing material). Please tell me if I'm wrong here.
This would lead me to an interesting possible scenario for the future, assuming that only Axanar gets sued: if someone else has access to the script, they could then turn around and make Axanar even if Peters can't.
Not saying this is a good idea, mind you; it would be a poke in the eye at CBS, so there would probably need to be some kind of approval coming from that direction lest the new producer be sued also just on general principle.
Thoughts?