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CBS/Paramount sues to stop Axanar

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Note that Star Trek faces potential liability from allowing fan film makers to assert their copyrights. That's got to be one reason for the decision to discourage it.

Example: Suppose Star Trek Discovery makes an episode about a character who dies, but is "resurrected" as an advanced hologram of himself, and has to come to terms with that.

The morning after it airs, Eric Busby files a lawsuit against CBS/Paramount alleging copyright infringement of "The Sum of One's Memories," episode 2 of The Section 31 Files from Darker Projects. (Busby would never in a million years do this, and especially not now that he has distanced DP from fan works -- I am only using him as an example.) Now, I'm willing to bet darseks to doughnuts that only a tiny fraction of the people in this thread have ever heard of The Section 31 Files, much less listened to "The Sum of One's Memories" (my favorite episode of theirs, for what it's worth). And, if a bunch of hardcore nerds like you haven't heard of it, how many people at CBS have?

Yet Busby does own the copyright on all original elements* in "The Sum of One's Memories," because that's how the Berne Convention works. So he could conceivably have just enough grounds to litigate. (He'd lose in the end, because he'd never be able to prove CBS had prior knowledge of his work, but the litigation would be costly.) And that would be an enormous headache for CBS.

This is one of the reasons, incidentally, why Star Trek eventually had to shut down its open script submission program, though they valiantly kept it open for years after the lawyers told them to close it. A freelance writer would submit a script; the writing staff on Star Trek -- without ever having any contact with the open submission department -- would make an episode with similar elements; the freelance writer would decide Paramount stole his idea and sue; Paramount would invariably make the problem go away, but at no small expense.

I always thought Trek should bring back the submission program, but with the stipulation that you forfeit all rights to sue Paramount over anything related to it if they don't purchase it.

Anyway, I'm going off-topic. Point is, there's a strong CYA element at play in the provisions against copyright assertion. I can't blame CBS for including it.

*Just the original elements, not the Star Trek elements. Separating the two is a court case in and of itself, but suffice to say that there are some copyrightable and therefore copyrighted elements in any episode of unlicensed fan fiction, which, under current IP law, are owned by the author, not the IP holder.

A point of clarification:

Eric Busby has nothing to do with Darker Projects these days. Though he founded it, it was mutually agreed upon by the people responsible for keeping Darker Projects running that he part ways from that group. Following several ugly episodes wherein he treated most of the volunteers who wanted Darker Projects to expand into original content over fan fiction, he exited with his Angel/Doctor Who mishmash "The Byron Chronicles" and a few of his other audio dramas about three years ago in favor of his own startup/site, EricBusbyPresents.com after numerous people at Darker Projects had had enough of his poor leadership and glory-hogging.

Voice actor Mark Bruzee took over after being voted in, and now MJ Cogburn runs what is left of Darker Projects.

That said, the rest of your post is spot-on. "The Sum of One's Memories" is/was a fun, clever episode of The Section 31 Files. Busby may talk a big game on his Facebook page, but as of at least three months ago he was no longer a member of Darker Projects.
 
I came to the conclusion that #9 was meant to keep established writers from contributing their material to fan films.
I also think it was because apparently Axanar had C&D'd people selling Ares models because of "copyright infringement". So I think it's largely to try and block any squatting on possible Trek-related IP.
 
A point of clarification: Eric Busby has nothing to do with Darker Projects these days. Though he founded it, it was mutually agreed upon by the people responsible for keeping Darker Projects running that he part ways from that group.

Ah, thanks! The sum of my personal experience with Darker Projects leadership consists of listening to the credits and sending them unsolicited and unanswered fan mail a few times in 2005-06, so I've lost track of developments there. Sad to here there were tensions.

Also, Chris Snyder is awesome. Excelsior could never have gotten off the ground without his help right at the beginning. No idea whether he's still involved with DP.

EDIT: P.S. Happy 15th anniversary on these forums, Karzak!
 
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Ah, thanks! The sum of my personal experience with Darker Projects leadership consists of listening to the credits and sending them unsolicited and unanswered fan mail a few times in 2005-06, so I've lost track of developments there. Sad to here there were tensions.

It's not what it used to be, unfortunately.

Also, Chris Snyder is awesome. Excelsior could never have gotten off the ground without his help right at the beginning. No idea whether he's still involved with DP.

He is indeed! There are many wonderful people over at DP, and I'm proud several have become friends.

EDIT: P.S. Happy 15th anniversary on these forums, Karzak!

Thanks very much! :)[/quote][/quote][/QUOTE]
 
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Thanks, I was trying to remember where I heard of him, I haven't seen him around any of the audio groups for a while.

Eric has had his hand in several fun audio shows, but The Byron Chronicles is his pride and joy. That said... it's a lot of the same schtick - a thinly veiled knockoff of the Doctor Who format while simultaneously aping Angel. There are some moments of genius to be sure, but the show just repeats itself a lot. Your mileage, of course, may vary, but that's generally the sense I have of the show.
 
Dayn Leonardson is also from that group and has gone off to create his own episode called The Fall, it's really good stuff.
 
Now, I'm willing to bet darseks to doughnuts that only a tiny fraction of the people in this thread have ever heard of The Section 31 Files, much less listened to "The Sum of One's Memories" (my favorite episode of theirs, for what it's worth).
sayyyy.... I know that podcast. I know that episode!! I 'have' that podcast & episode!

Wait a minute.... I think I found it because of your list thread on this board. So THNKS!

EDIT:
Drat. I just went to the podcast to listen to it again and that's one of the episodes that won't play in the iTunes series.
 
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sayyyy.... I know that podcast. I know that episode!! I 'have' that podcast & episode!

Wait a minute.... I think I found it because of your list thread on this board. So THNKS!

EDIT:
Drat. I just went to the podcast to listen to it again and that's one of the episodes that won't play in the iTunes series.

You should be able to listen to it/download it from here: http://darkerprojects.com/uncategorized/st-31-season-1-ep-006-the-sum-of-ones-memories/

Dayn Leonardson is also from that group and has gone off to create his own episode called The Fall, it's really good stuff.

Most of the people from DP have likewise branched out. Laura Post, Chris Williams, Mathieu Blondin, Rich Matheson, Mark Bruzee, MJ Cogburn, and several others have gone off to hang their own audio drama shingles for the shows they've developed on their own.
 
This is one of the reasons, incidentally, why Star Trek eventually had to shut down its open script submission program, though they valiantly kept it open for years after the lawyers told them to close it. A freelance writer would submit a script; the writing staff on Star Trek -- without ever having any contact with the open submission department -- would make an episode with similar elements; the freelance writer would decide Paramount stole his idea and sue; Paramount would invariably make the problem go away, but at no small expense.

Indeed, this has happened to ST before. A guy submitted an unsolicited script for a Trek film about the Klingon Empire. He later tried to argue Star Trek VI infringed his copyright. The studio easily prevailed at summary judgment, but trust me, those lawyers weren't free.
 
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I ran into some pirated DVDs of Project: Potemkin at a convention in June. They weren't produced by us. But there's nothing I can do about it.
Hopefully you could at least complain to the convention organisers?


This week's seen a number of attacks on STC and NV/P2. Sadly, I think that's only going to get worse.
I've seen the talk about the chap with the video rant mentioned a few pages back, which seems to be against Continues going by peoples comments here, but where have NV/PII been getting it in the neck?




It really is a shame, that this year of all years, and especially today the 8th, the actual 50th Anniversary of the first TV broadcast of Trek, that all of this is happening. While I have still to see ST: Beyond, and am waiting cautiously awaiting to see ST: Discovery, even with the Trek franchise developing in new films and a new show, there is this whole sorry sideshow (:thumbdown:) to the ongoing litigation.

So much for IDIC, eh?:sigh:
 
I ran into some pirated DVDs of Project: Potemkin at a convention in June. They weren't produced by us. But there's nothing I can do about it.

For some reason this makes me think of Paul Westerberg, formerly of the Replacements (true fact, the greatest rock band ever on the planet). Apparently, stories go, that when he would be record/CD shopping in stores in Minneapolis--The Replacements home town, and his--if he would come across a bootleg record or CD, he would take it right there and break it. In the store.

Which is what I sorta wonder what would've happened if you had done that...
 
Star Trek episodes on TV today for me from the original series were "The Alternative Factor" and "City on the Edge of Forever".

My TV binge of TOS episodes was at the weekend, when CBS Action here in the UK had a poll by viewers for the Top 20 episodes. I watched both "Amok Time" and "Journey to Babel" on Saturday (not even it the Top 10!), and watched the Top 5 episodes, which were...

5. "Devil in the Dark"
4. "Mirror, Mirror"
3. "Balance of Terror"
2. "City on the Edge of Forever"
1. "The Trouble with Tribbles"

...otherwise know as "The one with the killer pizza", "The one with the goatee", The (first) one with the Romulan dudes", "The one with the giant doughnut", and "The one with the fuzzballs"!!!!!

Happy 50th Anniversary, Star Trek!!!!!:beer:
 
:lol:
Star Trek episodes on TV today for me from the original series were "The Alternative Factor" and "City on the Edge of Forever".

...otherwise know as "The one with the killer pizza", "The one with the goatee", The (first) one with the Romulan dudes", "The one with the giant doughnut", and "The one with the fuzzballs"!!!!!

Happy 50th Anniversary, Star Trek!!!!!:beer:
mmmmmm. What a great idea for dinner. I was gonna get Chinese, but now I think I'll have Horta!
 
Star Trek episodes on TV today for me from the original series were "The Alternative Factor" and "City on the Edge of Forever".

My TV binge of TOS episodes was at the weekend, when CBS Action here in the UK had a poll by viewers for the Top 20 episodes. I watched both "Amok Time" and "Journey to Babel" on Saturday (not even it the Top 10!), and watched the Top 5 episodes, which were...

5. "Devil in the Dark"
4. "Mirror, Mirror"
3. "Balance of Terror"
2. "City on the Edge of Forever"
1. "The Trouble with Tribbles"

...otherwise know as "The one with the killer pizza", "The one with the goatee", The (first) one with the Romulan dudes", "The one with the giant doughnut", and "The one with the fuzzballs"!!!!!

Happy 50th Anniversary, Star Trek!!!!!:beer:
Yeah Sure, rub it in....
 
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