CBS/Paramount sues to stop Axanar

[Karzak]

Ah, if only Glen Larson were still with us...

William Basehart narrated:
AXANAR. A shadowy flight into the inexplicable world of a man with barely any talent. Alec Peters, an old fanboy with a temper on a crusade to defraud money from Trekkies, the IP copyright holders, and the unsuspecting non-industry folks in the world of a fan film that operates above the law.

He could call it "White Knight Rider," given Alec's constant self-victimizing proclamations...

 

[The Transformed Man]

If Propworx is trading then presumably Peters will draw a profit, sand therefore salary, from it's income.

It was certainly trading last year. http://trekmovie.com/2015/08/06/propworx-vi-auction-arrives-at-star-trek-las-vegas/

With that in mind, why does he need such a large salary from Axanar?

They have an online Star Trek auction coming up in March, plus of course the online store.

As for why he needs a large salary... Alec Peters gotta eat!

 

[Jedman67]

I don't think a professionally made fan film

This is a contradiction.

How so? Without getting bogged down into details, and the need for a gazillion square feet of studio space for a fan film; if someone produced a near-feature quality star trek fan-made film that clearly does not sell (accept donations, minimal perks, no merchandise/dvd/patches etc) with bold disclaimers that they are not authorized by CBS et al; can't you call it a fan film?

 

[Smoked Salmon]

I don't think a professionally made fan film

This is a contradiction.

How so? Without getting bogged down into details, and the need for a gazillion square feet of studio space for a fan film; if someone produced a near-feature quality star trek fan-made film that clearly does not sell (accept donations, minimal perks, no merchandise/dvd/patches etc) with bold disclaimers that they are not authorized by CBS et al; can't you call it a fan film?

How can a film made entirely with professional talent be a fan film?

 

[KennyB]

Propworx would like to announce our newly upgraded offices........Thanks doners.

 

[YJAGG]

Except.. Being a non-profit isnt as simple as uttering the words.

Legally there are not a non-profit so there is no defence there.

No, a 501c is primarily a definition set by the IRS that defines your tax status based on being a charitable organziation. But states have various rules for not-for-profit ventures, and many of these same guidelines apply to both, including executive compensation.

I guess we'd really need to know what paperwork has been filed with the State of California... the 501c filing is a bit of a joke since it's really nothing more than "fixing the barn door after the horses have come home."

And let's be clear: As far as we (the public) knows, Axanar has not filed for 501c3 status. They have not released any application to the IRS, as the Star Trek Continues folks did. Now, that doesn't mean Axanar won't make such a filing in the near future. But right now it's just Peters saying they plan to do something.

IIRC with any 501c3 you would have some board of directors or officers who at the end of the day are going to be financially accountable for the non-profit

 

[HMS Ark Royal]

Yeah, I saw that too. And the Propworx bankruptcy is a whole other ball of wax.

Speaking of which it would be interesting to find out how Alec sucured a lease agreement, or who signed the lease as he has a Chapter 7 hanging over his head.

The Propworx bankruptcy was actually closed without a discharge. I found this note on the court docket:

Chapter 7 Trustee's Report of No Distribution: I, James J Joseph (TR), having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 2 months. Assets Abandoned (without deducting any secured claims): $ 139467.00, Assets Exempt: Not Available, Claims Scheduled: $ 401466.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 401466.00. Filed by Trustee James J Joseph (TR) (RE: related document(s) Meeting of Creditors with 341). (Joseph (TR), James) (Entered: 10/01/2012)

What does that mean in English?

 

[Karzak]

This is a contradiction.

How so? Without getting bogged down into details, and the need for a gazillion square feet of studio space for a fan film; if someone produced a near-feature quality star trek fan-made film that clearly does not sell (accept donations, minimal perks, no merchandise/dvd/patches etc) with bold disclaimers that they are not authorized by CBS et al; can't you call it a fan film?

How can a film made entirely with professional talent be a fan film?

If they don't legally own the copyright to the content they are producing, it's a fan film. It may not be an amateur film, but it's still a fan film.

 

[Smoked Salmon]

How so? Without getting bogged down into details, and the need for a gazillion square feet of studio space for a fan film; if someone produced a near-feature quality star trek fan-made film that clearly does not sell (accept donations, minimal perks, no merchandise/dvd/patches etc) with bold disclaimers that they are not authorized by CBS et al; can't you call it a fan film?

How can a film made entirely with professional talent be a fan film?

If they don't legally own the copyright to the content they are producing, it's a fan film. It may not be an amateur film, but it's still a fan film.

I disagree entirely. It's a professional film that uses an IP without authorisation. There's nothing "fan" about it beyond the fact that some of those working on it are Trek fans.

 

[SeerSGB]

Speaking of which it would be interesting to find out how Alec sucured a lease agreement, or who signed the lease as he has a Chapter 7 hanging over his head.

The Propworx bankruptcy was actually closed without a discharge. I found this note on the court docket:

Chapter 7 Trustee's Report of No Distribution: I, James J Joseph (TR), having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 2 months. Assets Abandoned (without deducting any secured claims): $ 139467.00, Assets Exempt: Not Available, Claims Scheduled: $ 401466.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 401466.00. Filed by Trustee James J Joseph (TR) (RE: related document(s) Meeting of Creditors with 341). (Joseph (TR), James) (Entered: 10/01/2012)

What does that mean in English?

They received no discharge, they were left with the debts. IRC, from my chapter 7 classes the last time I filed

 

[Karzak]

How can a film made entirely with professional talent be a fan film?

If they don't legally own the copyright to the content they are producing, it's a fan film. It may not be an amateur film, but it's still a fan film.

I disagree entirely. It's a professional film that uses an IP without authorisation. There's nothing "fan" about it beyond the fact that some of those working on it are Trek fans.

Well, you're wrong.

 

[The Transformed Man]

Axanar would like to thank our supporters for their generous donation of $9,163 that went toward the down on my NEW CAR... errr... went to general "auto" expenses which are listed in our 2015 Annual Report!

 

[oswriter]

Speaking of which it would be interesting to find out how Alec sucured a lease agreement, or who signed the lease as he has a Chapter 7 hanging over his head.

The Propworx bankruptcy was actually closed without a discharge. I found this note on the court docket:

Chapter 7 Trustee's Report of No Distribution: I, James J Joseph (TR), having been appointed trustee of the estate of the above-named debtor(s), report that I have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. Key information about this case as reported in schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 2 months. Assets Abandoned (without deducting any secured claims): $ 139467.00, Assets Exempt: Not Available, Claims Scheduled: $ 401466.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 401466.00. Filed by Trustee James J Joseph (TR) (RE: related document(s) Meeting of Creditors with 341). (Joseph (TR), James) (Entered: 10/01/2012)

What does that mean in English?

I'm reading through the bankruptcy filings now. Basically, Propworx declared about $139,000 in personal property, which incidentally included a $36,000 interest in an Orlando timeshare. Conversely, Propworx had about $400,000 in debt, most of which was a "damage claim for breach of contract" held by MGM for $300,000.

It appears Propworx simply abandoned its personal property and walked away. It's not clear to me how he's still using the Propworx name.

 

[Karzak]

Axanar would like to thank our supporters for their generous donation of $9,163 that went toward the down on my NEW CAR... errr... went to general "auto" expenses which are listed in our 2015 Annual Report!

 

[Karzak]

By the way, this photo of Peters and his girlfriend at their last production meeting is a hoot.

 

[KennyB]

It appears Propworx simply abandoned its personal property and walked away. It's not clear to me how he's still using the Propworx name.

I wanted to ask that question but was scared to.

 

[KennyB]

By the way, this photo of Peters and his girlfriend at their last production meeting is a hoot.

Taken right after someone asked "Hey, you think anyone will ever figure out our little shell game, Alec?"

 

[BillJ]

By the way, this photo of Peters and his girlfriend at their last production meeting is a hoot.

Gotta love Arrested Development!

 

[JE Smith]

How can a film made entirely with professional talent be a fan film?

If they don't legally own the copyright to the content they are producing, it's a fan film. It may not be an amateur film, but it's still a fan film.

I disagree entirely. It's a professional film that uses an IP without authorisation. There's nothing "fan" about it beyond the fact that some of those working on it are Trek fans.

Your disagreement is irrelevant. If you don't own (or are licensed to use) the IP, it is a FAN FILM, no matter what the level of production is. Why can't people understand this? Steven Spielberg could make a Firefly movie that cost 200 million dollars and was done entirely with industry professionals, but if he didn't license it properly, it would still be a fan film.

 

[The Transformed Man]

It really makes me wonder what scam Peters has been up to. First Propwork goes bankrupt, but at the same time Peters and pals can put together enough money to buy the Galileo shuttle at auction ($70k) and restore it (a project claimed to cost over 100k).... then Prelude to Axanar.... Propworx back from the dead... Axanar crowd funding. Basically this guy has been making a living on "donations" from trek fans.