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CBS/Paramount sues to stop Axanar

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Alec posted this on the fan film production group:



Alec Peters and Curtis Wayne Lanclos posted in Star Trek Fan Film Productions Group.


Alec Peters
February 3 at 12:58am

I wanted to address my comments in an article published in 1701News. That blog has been attacking Axanar ad nauseum and when they offered to write a "Fair" article about me, they instead turned it into a hit piece, and edited out all the positive things I said about fan films.

I am as big a supporter of fan films as there is. I have actively supported, New Voyages, Intrepid, Valiant, Horizon (which is AMAZING), Saladin, Secret Voyage, Ambush and more. In fact Tommy Kraft of Horizon did the digital compositing for Prelude to Axanar. Eric Henry of Pacific 201 is Axanar's concept artist. We support their efforts whole hardheartedly.

In the article, my comments were taken out of context and what the editor chose to leave out was all the positive things I said about the teams at Star Trek: New Voyages and Star Trek: Continues. I specifically called out James Cawley for his magnificent sets, Mark Edward Lewis for his awesome directing, and Jeff Barklage and Matt Bucy for amazing cinematography. But that was all edited out.

The editor, Michael Hinman, specifically left those comments out to portray me in a negative light and try and sow discord. (this is the same guy who revealed the private address of my godsons on the Axanar Haters Facebook group and who accused me of buying a house with Axanar funds).

You can find positive comments about James Cawley from me all over Facebook and the Internet. I have done a ton for James Cawley and New Voyages, and James has done a ton for me. I got New Voyages their new studio, got "Kitumba" finished, and stepped in to save "The Holiest Thing" shoot when it imploded. James in turn, helped me start Axanar, gave me the use of his sets this past year and more.

Ask any number of fan films and they will tell you how I have been a friend to them and their productions.

My point was that Axanar uses professionals behind and in front of the camera and thus you get a different quality of work than ST: NV or STC. And THAT is why Paramount sees Axanar as a threat.

Alec

I'm trying to figure out what on Earth Alec Peters could have said that would've negated what we published? What magical quote did we leave out, that if coupled with what he said, would be like, "Oh, he loves fan films." What is it?

The ONLY way his quotes about fan films were taken out of context, is if 1701News had edited out his statement of "I would be a fucking idiot if I said ..." right before he said it.

Thank you, Al Franken.
 
Except for space considerations and brevity, it would've been very easy to put some of the positive remarks Peters made about specific fan film enterprises into the article. Those quotes could've been followed with, "Mr. Peters also said..." which would've been the negative things. Mr. Peters doesn't have editorial control over the content of his interview, and even if positive remarks were interspersed within it, it doesn't mean he also said some rather hateful things, too. Unless, of course, he had control, and was going to edit those negative remarks out of the interview and replace them with only the positive ones. His problem isn't that the article isn't balanced, it's that it's point of view is tipped in the wrong direction for him.

It's not "tipped." The story DID show his positive remarks about fan-films. They just were ... well, backhanded.

"It's real simple: Because of our quality," he said. "'Star Trek Continues' is a fan film. Amateur actors, beautiful sets, well-done photography. But it's a fan film. There's no way you take that for a real TV show.

"'Star Trek: New Voyages'? Fan film. It looks good — well directed — but no one's ever going to take that for a network TV show."
 
It's not "tipped." The story DID show his positive remarks about fan-films. They just were ... well, backhanded.

"It's real simple: Because of our quality," he said. "'Star Trek Continues' is a fan film. Amateur actors, beautiful sets, well-done photography. But it's a fan film. There's no way you take that for a real TV show.

"'Star Trek: New Voyages'? Fan film. It looks good — well directed — but no one's ever going to take that for a network TV show."
Oh, I know. But I can see how you could take it that way from what I said. What I was trying to do was contrast the content (that negative things were in there at all) with what Peters was probably hoping for: a fluff piece where he comes across as the guru of fan films. Personally, I thought the article was quite well done, and its point of view and presentation of Peters was fair and proper.
 
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Michael Scott

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Via Photobucket, I can take that photo and turn it into all kinds of products to sell.

Do you think Alec Peters would mind?
 
Oh, I know. But I can see how you could take it that way from what I said. What I was trying to do was contrast the content (that negative things were in there at all) with what Peters was probably hoping for: a fluff piece where he comes across as the guru of fan films. Personally, I thought the article was quite well done, and it's point of view and presentation of Peters was fair and proper.

Thanks (and sorry, haha!) But like I said, I don't possibly know anything he could've said that would've resulted in, "Oh, he loves fan films." Unless there was a "just kidding!" in there somewhere.
 
Via Photobucket, I can take that photo and turn it into all kinds of products to sell.

Do you think Alec Peters would mind?

Are you talking about stealing his IP and making a profit off of what it is he says he created? Naaaah. I mean its not like he's a litigious person or anything.
 
Are you talking about stealing his IP and making a profit off of what it is he says he created? Naaaah. I mean its not like he's a litigious person or anything.

Jerry: What's good for the goose is good for the gander.

George: What the hell is a gander anyway?
 
Via Photobucket, I can take that photo and turn it into all kinds of products to sell.

Do you think Alec Peters would mind?

Are you talking about stealing his IP and making a profit off of what it is he says he created? Naaaah. I mean its not like he's a litigious person or anything.

From what I understand, things are protected by copyright the moment they are created, whether its a registered copyright or not. However, in order to sue someone for copyright infringement, the copyright has to be officially registered, first. So, if his copyrights aren't registered, go for it (though bear in mind CBS will probably knock at your door).
 
From what I understand, things are protected by copyright the moment they are created, whether its a registered copyright or not. However, in order to sue someone for copyright infringement, the copyright has to be officially registered, first. So, if his copyrights aren't registered, go for it (though bear in mind CBS will probably knock at your door).

Actually, I believe that you have protection the moment it's PUBLISHED or registered, not at creation.

For instance, if I wrote something, but never published it, never sought registration, and then I tell someone specifics about my story that they turn around and use, I've have nothing.

Also, there is some debate on whether it has to be registered. It's like with trademarks ... registration is VERY helpful, because it makes determining when you "published" that mark a lot easier in court. However, there are implied copyrights, like what we use on 1701News for instance. We don't register ... all we have to do is show that we published first. Once we publish, there is an implied copyright for that material, which helps by the fact that we state we own our copyright on material.

Implied copyright is harder to defend, but it does exist.
 
And just as an example to my last post, I never had a registered trademark on SyFy. However, if NBCU decided to just name their new network Syfy without talking to me, I would be able to very successfully sue. Because I had an implied trademark by my usage of it, and I could easily prove that my use predated theirs.

Copyright also has implied elements.
 
It is REMARKABLE how someone who HAS NOT FILMED THE MAIN FEATURE can claim its better than what already exists.

And remarkable that others believe him.
Hey in Mr. Peters mind, I'm sure the 3 minute scene on Vulcan (with Gary Graham reprising the role of Soval) is the BEST Star Trek related scene filmed since 1966; and is very 'transformative' as Paramount/CBS NEVER showed a Vulcan talking on that part of the planet Vulcan before (oh, and Soval isn't a violation of any copyright as I'm sure Mr. Peters believes no one on Earth (or CBS) even watched 'Enterprise'.):angel:;)
 
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