Why would you think that?
If this thing gets as far as people making statements under oath Peters is fucked.
CBS/Paramount sues to stop Axanar
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Why would you think that?
If this thing gets as far as people making statements under oath Peters is fucked.
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Exactly. If I made a documentary about Star Trek's history in television and movies, that would be a transformative work, but making a fake documentary about made up history in the Star Trek universe? It's someone making their own interpretation of an already owned and established IP, and doesn't fall under fair use.*
*I make these statements from a lay perspective. I am not a lawyer, though I have flirted with several.
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Everyone one else said it before me... lol. Move along, move along, nothing to see here.
Everyone one else said it before me... lol. Move along, move along, nothing to see here.
Which at the end of the day, with even the more successful fan productions, New Voyages, Continues, or Renegades, what sort of money could CBS expect to recover? In the Case of Axanar, they may be able to pay back their legal fees, and now they have a strong standing on any future C&D's they issue.
Well. That's the danger for the person stealing the IP. They might get a judgement against them that they would be personally libel for. There are statutory damages for copyright infringement. What you are suggesting: if there's no money, there's no way to sue, there's no punishment for the infringement. So, then, what are the protections for the copyright holders?
You don't get to steal and say, "I'm to poor, you can't punish me."
Nor have I played one on tv
I've said it before, but I think the motivation for the suit is competition. Axanar's intent (stated or implied) has always been to make a movie to directly compete with the reboot films, and they're doing it with "borrowed" IP.
I could almost hear the "Aw, hell no!" all the way over here.
I could almost hear the "Aw, hell no!" all the way over here.
There is a saying, you can't squeeze blood from a stone... There is always ways to sue, but will you ever see your damages? Yes, having a multimillion dollar judgement over your head, is bad, but there are limits of personal income that the court will allow someone to take. If you're already poor, we don't throw people in debtors' prison.
So does CBS pump tens, if not hundreds of thousands of dollars into pursuing Gary's Garage Trek? I don't think so, because even when they win, by the time Gary Dies, they will still not have recouped their legal expenses behind pursuing gary to begin with.
as long as the donor money is not spent, that's a big chunk of change sitting around.
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I was specifically talking about those productions that haven't been sued.... and why Axanar was most likely targeted. They were the highest profile, most egregious abuser of CBS/Paramount's unwritten fan film guidelines.... They had the deepest pockets to go after.
I played Col Nathan Jesup on stage in my High School Drama Room for a monologue... while he wasn't an attorney, the scene I did was in a court room, so I think that gives me all of the qualifications I need to speak on the matter... Oh I was subpoenaed once for a deposition for someone suing my high school too....That just means you're not trying hard enough.
We do if they steal
No. Of course not. But Gary's Garage Trek isn't really a big deal and he was playing by the unwritten rules.
I'm saying CBS could go after them, regardless of what monies there might be. They chose not to.
Copyright law is civil law not criminal. No one goes to jail for copyright infringement.
I do not think they take their production that seriously to consider it competition.
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In reality? No, probably not.
In a court of law? Damned straight, they do.
I have a hard time believing any judge would ask "why now?" (or some variation of it...). Because of the dangerous precedent that would set. Copyright has been well-established as selectively enforced, and just by ASKING you open the door to making it "all or none."
The only thing CBS needs to prove is if Axanar infringed on copyright by law, and Axanar will either seek settlement or find a defense to argue that it's not infringement.
The only thing CBS needs to prove is if Axanar infringed on copyright by law, and Axanar will either seek settlement or find a defense to argue that it's not infringement.
You can garnish someone's wages and also get a judgment against future earnings. See: http://litigation.findlaw.com/filing-a-lawsuit/after-a-judgment-collecting-money.html
Agreed. The 501(c) question is really just a red herring and completely irrelevant to the matter of whether or not Axanar infringed on CBS/P copyrights. Further, people tend to conflate "profit" with enjoying a direct financial benefit, when these are actually two different concepts. CBS/P isn't saying that defendants gained profit. Their cause of action states that the defendants enjoyed a direct financial benefit from the infringement. Theoretically, it can be argued that every single dime that Axanar and its principles received squarely on the back of IP that they don't own and didn't license is enjoying a "direct financial benefit," and everything that flowed from that including building the infrastructure for multiple commercial businesses, drawing salaries, providing a rent free home and utilities to Propworx, etc. are all fruits of the poisonous tree.
You can. But there are limits to how Much (percentage) of ones wages one can garnish
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