CBS/Paramount sues to stop Axanar

[GSchnitzer]

I'm curious... Is it possible for an actor in the US to "waive" their fee

From my understanding SAGafra members have to be paid at least scale... But can donate that back to the production should they choose...

Under SAG-AFTRA New Media rules, actors aren't entitled to Scale. They may work for as much or as little as they are able to negotiate with the Producers. This is only for New Media (Internet, video games, etc,), not for movies and television where Scale applies.

 

[Ion]

But by seeking nonprofit status and going through the IRS, STC is at least making an effort to show CBS it is complying with its non-profit requirement for unlicensed productions.

I've seen this sort of thing tossed around a lot. Am I correct in understanding that this is an unwritten requirement and CBS has never actually come straight out and said that it's okay as long as you don't profit?

If that's not the case, then please, someone, post a reference link.

 

[Professor Moriarty]

Can someone please provide a link to Alec's announcement from today (i.e., recasting Garth)?

http://www.axanarproductions.com/casting-axanar/

Holy fucking shit. He's really gone off the deep end. Lovely touch, ripping off the trademarked TV Guide logo. In for a credit, in for a kilogram, eh Alec?

What a relief - our old friend Captain Robert April has weighed in on this morass, over on Melinda Snodgrass's FB page!

Holy ever loving fuck, there's a seer of Kollos I never thought we'd hear from again.

 

[oswriter]

But by seeking nonprofit status and going through the IRS, STC is at least making an effort to show CBS it is complying with its non-profit requirement for unlicensed productions.

I've seen this sort of thing tossed around a lot. Am I correct in understanding that this is an unwritten requirement and CBS has never actually come straight out and said that it's okay as long as you don't profit?

If that's not the case, then please, someone, post a reference link.

I discussed this on the blog, but I'll reprint here how Star Trek Continues interprets CBS policy:

Paramount, which was later acquired by CBS, has been extremely tolerant of, and even cooperative with, the fan-run episodes and movies, possibly in recognition that the fans are a considerable “cash cow” for the organization.

This give and take between the fans and CBS causes it no cognizable harm and does it the tremendous benefit of creating new generations of fans for its very profitable movie franchise and possible future TV episodes. CBS has one extremely fair rule regarding this tolerance: the fan productions have to be non-profit

 

[SFC3]

The comments on the Enterprise-D Restoration Facebook link are gold. Particularly Peters:

Peters and others are all over there. Even Paul Dykstra is defending Axanar. I'm not sure if this is reality anymore, or just fantasy.

Do you have the exact link for this? Just click on the time for the post. That would help a great deal; many thanks!

https://www.facebook.com/TheNewStar...=999356563444527&comment_tracking={"tn":"R9"}

I was slightly off about Dykstra, he seems to be taking a neutral stance.

 

[Indysolo]

FYI, even if you're a non-profit, it's best to get a license from CBS, as Xprize did with the tricorder.

Neil

 

[Mark 2000]

CBS is keeping watch on a lot of stuff and taking action.

I really think they should directly issue a statement to notify everyone at once what their intentions are rather than having this sort of thing just filter through via hearsay and rumor.

This artist was selling books, though. Like Axanar it's a really clear violation. The problem I worry about is that all these idiots who think they can openly kickstart and sell unlicensed stuff are going to bring CBS down on all of us. This is a completely different thing from selling some self printed stuff at a booth with no real paper trail or proof of sale. CBS can see the tens of thousands of dollars you asked for and received with your name right on it. Wise the fuck up, folks.

 

[Maurice]

He's not. He doesn't have the credentials to be in the p.g.a. I know a little something about this.

I'd listen to Maurice on this one, guys.

With those eyes, I wouldn't dream of not trusting him.

Hypnotoad was my Padawan...

 

[jespah]

....
https://www.facebook.com/TheNewStar...=999356563444527&comment_tracking={"tn":"R9"}

I was slightly off about Dykstra, he seems to be taking a neutral stance.

Ah, thank you.

 

[Iamnotspock]

I've been remaining silent and watching the CBS/Paramount/Axanar rumble taking place, but it's time for me to weigh in. (I have to amend this. I didn't take the time to read the complaint -- too much work to do, but they are filing as a violation of copyright rather than a trademark violation which strikes me as very odd. Maybe because of the unclean hands doctrine?) Anyway, 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.

Apologies if this has been discussed, but Melinda Snodgrass seems to think that a C&D was issued before the lawsuit. Has this been picked up on?

 

[Squiggy]

I'd listen to Maurice on this one, guys.

With those eyes, I wouldn't dream of not trusting him.

Hypnotoad was my Padawan...

It's true, although I don't have a card to prove such an affiliation.

 

[Maurice]

Apologies if this has been discussed, but Melinda Snodgrass seems to think that a C&D was issued before the lawsuit. Has this been picked up on?

I suspect she may be misinformed on this.

Also, I don't know why she thinks this is a Trademark issue, since Trademarks don't even factor into the complaint. CBS has a case just on the merits of Copyright alone, which covers a much broader swath than the marks do.

 

[oswriter]

Apologies if this has been discussed, but Melinda Snodgrass seems to think that a C&D was issued before the lawsuit. Has this been picked up on?

I suspect she may be misinformed on this.

Also, I don't know why she thinks this is a Trademark issue, since Trademarks don't even factor into the complaint. CBS has a case just on the merits of Copyright alone, which covers a much broader swath than the marks do.

A trademark suit would also suggest a broader campaign against fan films/independent productions than Axanar.

 

[nx1701g]

FYI, even if you're a non-profit, it's best to get a license from CBS, as Xprize did with the tricorder.

Neil

They can't license fanfilms.

 

[nx1701g]

Apologies if this has been discussed, but Melinda Snodgrass seems to think that a C&D was issued before the lawsuit. Has this been picked up on?

We don't know if one was issued or not in this case. It may have been, or it may not. Only Axanar knows.

 

[oswriter]

Apologies if this has been discussed, but Melinda Snodgrass seems to think that a C&D was issued before the lawsuit. Has this been picked up on?

We don't know if one was issued or not in this case. It may have been, or it may not. Only Axanar knows.

Given the studio quotes in the August article from The Wrap, I'd say Axanar was effectively on notice at that point. The C&D was unnecessary.

BTW, I've simplified the link to my Axanar-related blog posts: http://trek.skipoliva.com

 

[Maurice]

A quick aside about Trademarks for those interested...

Spoiler: Trademark Sausage Making

A couple of years ago I was involved in the branding of this game for Android OS:

Notice that there's just a ™ here and not a ®, despite the fact that this is a logo and not just a Trademarked name. That's because Bandai Namco already own a ® Registered Trademark on the original PAC-MAN logo, and this is a modification of same, so we couldn't register this as a wholly new ® since it contains the pre-existing ® logo, ergo it is a modification of same.

The name PAC-MAN™ is a ™ because its the brandname independent of any specific logo. The ® only appears with uses of the "Registered Mark" image that is the logo.

So, in short, a given brand may have both a ™ and a ® (words and logo), or it may be just a ™ if there's no Registered Mark, or it may be only a ® if it's only a logo sans text, like the Starfleet arrowhead or whatnot.

 

[Indysolo]

FYI, even if you're a non-profit, it's best to get a license from CBS, as Xprize did with the tricorder.

Neil

They can't license fanfilms.

Of course not. The point is that simply being a non-profit doesn't give you the right to use someone else's copyrighted material. So "Continues" can have all this great paperwork and do things almost completely correctly, but in the end, it's still not legit.

But at least their books are in better shape than Axanar's.

Neil

 

[YJAGG]

Alec, as far as I know, is not a member of the P.G.A. (not the golf one)...

He's not. He doesn't have the credentials to be in the p.g.a. I know a little something about this.

I'd listen to Maurice on this one, guys.

Dragos? from Jason of Star Command?...sorry had to say it.

 

[Maurice]

He's not. He doesn't have the credentials to be in the p.g.a. I know a little something about this.

I'd listen to Maurice on this one, guys.

Dragos? from Jason of Star Command?...sorry had to say it.

Sid Haig is my brother from another mother!