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CBS/Paramount sues to stop Axanar

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Weird theory I heard recently: Someone I know thinks the way the fundraisers were set up was intentionally designed to duck through a loophole. The first fundraiser was for Prelude (which was to be used as advertisement for the full film). The third (and any subsequent fundraisers) was/were to be used to film and edit the full film, Axanar. However, the second fundraiser was used to fund Ares Studios and Axanar Productions, which could be used for profit, and do not, themselves, use any CBS/Paramount IP. By doing this, they built a separation between the film, itself, and Axanar Productions.

This theory got me wondering, even if it wasn't intentionally designed this way, the separate fundraisers and the scope of each of those fundraisers, effectively have the same effect.
 
I wasn't being rude at all - I was, in fact, giving an opinion on the design

You gave your opinion in a condescending and rude way. A simple 'I didn't like the Titan design because XYZ' would have been polite and no one would have faulted you (Though they may have disagreed). Instead, you said: 'Well you should have done a better blooming job then - that ship was horrid'. That is rude.
 
I wasn't being rude at all - I was, in fact, giving an opinion on the design
No. You were blunt in your opinion, like you were in a private conversation with your buds. This is actually a public forum and proper decorum and social etiquette says you should go out of your way to be nice in criticism of other's artistic works. Especially so when they are right here, talking to you. So, by being blunt, you were rude.
 
Weird theory I heard recently: Someone I know thinks the way the fundraisers were set up was intentionally designed to duck through a loophole. The first fundraiser was for Prelude (which was to be used as advertisement for the full film). The third (and any subsequent fundraisers) was/were to be used to film and edit the full film, Axanar. However, the second fundraiser was used to fund Ares Studios and Axanar Productions, which could be used for profit, and do not, themselves, use any CBS/Paramount IP. By doing this, they built a separation between the film, itself, and Axanar Productions.

This theory got me wondering, even if it wasn't intentionally designed this way, the separate fundraisers and the scope of each of those fundraisers, effectively have the same effect.

The one thing I've come to despise about the communications coming out of Axanar Productions is how they can be very correct in denotation, but give people a completely different impression of what they're saying. It's the opposite of transparent.

Here's a quote from the 31 July 2014 Internet Archive capture of the Axanar Kickstarter.

This Kickstarter is for the full-length feature Axanar. Unlike the short film, which we shot in two days and cost $75,000, the 90-minute Axanar feature will take about 20 days and cost about $650,000. So we are breaking up our costs into discreet sections which should allow us to reach significant milestones, as we don't expect to raise all $650,000 at once. This first Kickstarter will be for the sound stage and set construction. Anything over what we need for that will be applied to the feature production costs.

See how clever it is? They clearly say that the first Kickstarter is for the sound stage and set and anything over what they need for those two things will be applied to the other production costs.

Then they lay out the budget.

100,000 for set construction
125,000 for the sound stage (which they disclose is meant to be used for future profit-making endeavors such as David Gerrold's "Running Dark" and a sci-fi film school)
25,000 for the Axanar Heroes vignettes
50,000 for Axanar pre-production
350,000 for Axanar production

Taken together the quoted material and the budget could lead donors to believe that anything above 225,000 raised would be put into the Axanar film, but that word "need" provides the out. If they decide they "need" to spend 650,000 on the studio and sets then, well, they did disclose it up front and budgets change.
 
If they decide they "need" to spend 650,000 on the studio and sets then, well, they did disclose it up front and budgets change.
Interesting. I hadn't considered that.... So if they never have another fund-raiser for Axanar, they are still not obligated to spend their money for more than building the studio?
 
No. You were blunt in your opinion, like you were in a private conversation with your buds. This is actually a public forum and proper decorum and social etiquette says you should go out of your way to be nice in criticism of other's artistic works. Especially so when they are right here, talking to you. So, by being blunt, you were rude.

That was not even blunt...

I'm sorry you feel that way, but why use three words when one can do?
 
The one thing I've come to despise about the communications coming out of Axanar Productions is how they can be very correct in denotation, but give people a completely different impression of what they're saying. It's the opposite of transparent.

Here's a quote from the 31 July 2014 Internet Archive capture of the Axanar Kickstarter.



See how clever it is? They clearly say that the first Kickstarter is for the sound stage and set and anything over what they need for those two things will be applied to the other production costs.

Then they lay out the budget.

100,000 for set construction
125,000 for the sound stage (which they disclose is meant to be used for future profit-making endeavors such as David Gerrold's "Running Dark" and a sci-fi film school)
25,000 for the Axanar Heroes vignettes
50,000 for Axanar pre-production
350,000 for Axanar production

Taken together the quoted material and the budget could lead donors to believe that anything above 225,000 raised would be put into the Axanar film, but that word "need" provides the out. If they decide they "need" to spend 650,000 on the studio and sets then, well, they did disclose it up front and budgets change.

So how much insulation and/or benefit would that provide them, legally, in the CBS/P vs. AP if they have managed to build a wall of separation between the two. They're still using CBS/P IP for the film, and Prelude, but what they raised in the second KS, regardless of how they spend it, seems to somewhat separate out onto its own thing.

The second KS, effectively, wasn't "hey, we're making a fan film, help fund it," but rather "hey, fund our desire to build a studio, which, BTW, can be used to make a fan film."
 
Weird theory I heard recently: Someone I know thinks the way the fundraisers were set up was intentionally designed to duck through a loophole. The first fundraiser was for Prelude (which was to be used as advertisement for the full film). The third (and any subsequent fundraisers) was/were to be used to film and edit the full film, Axanar. However, the second fundraiser was used to fund Ares Studios and Axanar Productions, which could be used for profit, and do not, themselves, use any CBS/Paramount IP. By doing this, they built a separation between the film, itself, and Axanar Productions.

This theory got me wondering, even if it wasn't intentionally designed this way, the separate fundraisers and the scope of each of those fundraisers, effectively have the same effect.

so there was the first Kickstarter, and the indiegogo, and in between was this one:
https://web.archive.org/web/2015080...ojects/194429923/star-trek-axanar/description

The Axanar blog does refer to the above 638k kickstarter as 'the funding for the studio'
http://www.axanarproductions.com/the-next-crowdfunding-campaign-is-coming/
but if you read the kickstarter link above, it says "This Kickstarter is for the full-length feature Axanar. "

welcome any clarification. was there another fundraiser just for the studio that only named the studio and didn't speak of Trek as part of the pitch?
 
Interesting. I hadn't considered that.... So if they never have another fund-raiser for Axanar, they are still not obligated to spend their money for more than building the studio?

As I read it, they stated very definitively that the first Kickstarter was only for studio and set costs. They implied that anything raised above 225,000 would be put towards the film, but the wording was such that there was no guarantee they would commit to it. Whether this was intentional or not, I don't think anyone can say.
 
The legal eagles here might be better aware, but if the studios has nothing to do with the production, other than the fact its being filmed there, are we looking at a Chinese Wall situation?
 
The non-hero ships do seem to be derivative of the styling of nuTrek. But the Ares looks straight up TOS (and I rather like it, for what it's worth).
 
While using CBS' IP and the promise of a Star Trek film in the future.

While the promise to make a Star Trek film in the future was made, there is no legal problem I see with that part. You can do that right now, and CBS will have little problem with it, but they'll want you to license it before you did (which they are unlikely to do).

The "While using CBS' IP" part seems to be more gray. The funding advertising certainly did (the Prelude video, just for starters), but what was actually being funded and built with the Kickstarter (a studio, salaries, etc), not so much.
 
As I read it, they stated very definitively that the first Kickstarter was only for studio and set costs. They implied that anything raised above 225,000 would be put towards the film, but the wording was such that there was no guarantee they would commit to it. Whether this was intentional or not, I don't think anyone can say.

I guess I am confused by this.

The first kickstarter funded the studio? Then at the time the first Kickstarter was presented, it only spoke about creating a generic studio for SF productions, and didn't mention Trek at all? The "first" Kickstarter (of 3?) wasn't for Prelude?

Or the second Kickstarter retroactively declared the first Kickstarter to be for the studio, in contradiction to what the first claimed to be? What difference would that make?

Or the Axanar blog link I cited above declared the second kickstarter for the studio, and the indiegogo to be for Axanar?

Or something else? :shrug:
 
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