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CBS/Paramount sues to stop Axanar

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Remember that the guidelines don't allow present or former CBS/P employees to participate. That takes RMB right out as director.
Technically - shouldn't that take Alec Peters out too?

A trial would have disclosed, in public, all his financials and showed he spent the money himself, thus opening himself up to donor lawsuits. This is exactly why he pushed to settle right now (vs. the past) because the judge was going to deny Erin's motion for suppressing the financials. Once this happened he had to push for a settlement or risk exposing himself.
^^^QFT! :)

I don't see any mention of a financial award to C/P. Does this mean that there is none?
It doesn't mean there was or wasn't. Unless both parties agree to make EVERYTHING public (and I'm sure they didn't and BOTH sides agreed to keep any non-disclosed terms of the settlement confidential with big penalties for anyone who discusses said terms publicly.)

Bottom line: We (the public) will probably never know one way or the other about any damages Alec Peters agreed to or was asked to pay to CBS/Paramount.
 
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The Guidelines do give him another out with the donors unfortunately .
I don't think so. The Kickstarter and Indegogo campaigns stated a full length feature film. Just because Alec Peters made a settlement that squares the situation with CBS/Paramount, he's STILL on the hook with the donors as to what was promised and by the Kickstarter TOS should now be providing refunds when asked.

Now, we both know that Alec Peters won't do that; and further I doubt any donors will bother with a Class Action suit UNLESS they feel Alec Peters suddenly has money for refunds (which could happen if he tries to further fund 'Axanar') But, we'll see. ;)
 
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As a newswriter, I look behind the press release to see what is really being said. (I knew of the settlement last night, but details weren't provided 'til today).

This jumped out at me from the Axanar release:
Additional terms of the agreement will be made available to cast, crew and donors through private correspondence.

"For the next sixty days, Axanar Productions will be working through some final legal requirements requiring immediate attention.

I'm assuming donors will have to be refunded. This being the case, details might trickle out in the days to come. I also believe financial penalties, if any, are also being kept quiet.
 
From Axanar's Facebook Page:

AXANAR PRODUCTIONS STATEMENT REGARDING COPYRIGHT INFRINGEMENT LAWSUIT SETTLEMENT

Valencia, CA - Friday, January 20 - Axanar Productions is pleased to announce that we have reached a formal resolution to the lawsuit brought against Alec Peters, and the fan film production, AXANAR, by CBS Studios, Inc. and Paramount Pictures Corporation.

Since the beginning of the lawsuit, over a year ago, we have expressed our desire to address the concerns of the studios, and our willingness to make necessary changes, as long as we could reasonably meet our commitments to AXANAR’S over 14,000 donors, fans and supporters. We are now able to do exactly that.

Terms of the settlement agreement include an agreement to allow Axanar Productions to continue showing PRELUDE TO AXANAR commercial-free on YouTube and to allow Axanar Productions to produce the AXANAR feature film as two fifteen-minute segments that can be distributed on YouTube (also without ads).

Additional terms of the agreement will be made available to cast, crew and donors through private correspondence.

For the next sixty days, Axanar Productions will be working through some final legal requirements requiring immediate attention. In addition, there are several pre-production issues that need to be re-visited before we can begin principal photography on our project.

Axanar Productions was created by lifelong Star Trek fans to celebrate their love for Star Trek. Alec Peters and the Axanar team look forward to continuing to share the Axanar story and are happy to work within the Guidelines for Fan Films for future projects.

Throughout this process, we will continue communicating with our fans and backers to ensure they are informed and involved until we reach completion of the production.

For those of you who are donors, you will be receiving an email with some "donor exclusive" information.

Thanks again for your support this past year.

Live Long and Prosper."
I am curious as to whether the minion in the picture on their Facebook page is supposed to be giving a Vulcan salute or the two fingers? :shrug:

16174877_1184156988365489_5801675460298469914_n.jpg
 
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The settlement is a recognition of what I have been saying throughout, that even if Peters could, in theory, win on appeal, costs and interest would continue to mount notwithstanding.

The summary judgment decision was the nail. It left Peters with very little to fight for at trial and meant his was reliant on an appeal. His lawyers have advised him clearly to settle, and I wouldn't be surprised if they have advised him to do so for some time now.

I feel vindicated, and for all those who attacked me thinking I had an agenda against Carlos and co, screw you. I never had an agenda. I just never wanted any level of bias from anyone.
 
The settlement is a recognition of what I have been saying throughout, that even if Peters could, in theory, win on appeal, costs and interest would continue to mount notwithstanding.
IMO - If Alec peters thought he had a real chance at 'winning' this - he NEVER would have settled. Given his effectively full acceptance of producing Axanar per the Guidelines as two 15 minute segments (which WAS a big sticking point as his terms in comments relating to any settlement was that he be allowed to produce Axanar 'his way'; probably means he had an epiphany (or Erin Ranahan FINALLY got him to understand how the Trial and appeals process would probably play out - (read: not in his favor); so he took the settlement.
 
Mixed feelings:
On the one hand, sorry that there won't be the trial I was really gee'd up for!

On the other, I'm glad it's over and hope that Trek can get back to being Trek
 
The following is Peters' full email message to donors.


-------------------------------------------------------------------------------------------------------------------


AXANAR Productions has settled its lawsuit with CBS and Paramount.
Here are some donor-exclusive details.


Dear Donors:

You have stood by us for over a year and today I'm pleased to announce that Axanar Productions has settled its lawsuit with CBS Studios and Paramount Pictures Corporation.

Since the beginning of the lawsuit, over a year ago, we have expressed our desire to address the concerns of the studios, and our willingness to make necessary changes, as long as we could reasonably meet our commitments to Axanar's over 14,000 donors, fans and supporters. We are now able to do exactly that.

According to the terms of our agreement with CBS and Paramount, we are able to share a little more detail with you than the general public. So, here are the highlights of the deal struck with CBS and Paramount (or, at least as much as we can tell you) ...
  • Our settlement was finalized late last night and early this morning; we are letting you know as soon as possible so you hear from us first. There are several things we can not disclose to the general public, although we've been given the okay to share some of them with you.

  • Axanar Productions can continue to distribute PRELUDE TO AXANAR on YouTube and at film festivals and conventions - but not at official Star Trek events or conventions. All exhibitions of PRELUDE TO AXANAR must be non-commercial.

  • Axanar Productions can produce the story of AXANAR, but not as a full-length, motion picture feature. Instead, we are limited (as all fan films are now under the Fan Film Guidelines) to two, fifteen-minute segments that can be distributed on Youtube, etc. We also have to stick to the guidelines regarding the use of the name "Star Trek" in the title of the project, the use of an approved disclaimer, etc.

  • The two segments may use the services of Richard Hatch, Gary Graham, Kate Vernon and J.G. Hertzler but no other actors who have appeared in professional Star Trek productions. There are also strict guidelines put in place concerning the compensation for the production team (as in none) with regard to their work on the permitted segments.

  • Axanar Productions will not publicly fundraise for the production of these segments - that means no more Indiegogo or Kickstarter campaigns to support the production of the Axanar story - although private donations may be accepted. That may slow things down a bit, but we're developing options that fall within the conditions of our settlement with CBS and Paramount and promise to keep you informed when we're ready to go.

  • And finally, all of Axanar Productions' future Star Trek fan film productions need to adhere to the "Guidelines for Fan Films" that were issued last June.
Also, according to the terms of the settlement agreement, there are still some legal details that require our immediate attention over the next sixty days. These aren't major issues, but they are the first things we have to check off our list so we can get back into the business of making AXANAR. Once these issues are resolved, we will begin adapting the script to the new format and begin the entire pre-production process once again from scratch to match the new format.

All in all, we have a lot on our plate. And we're happy to be back at the table!

Throughout this process, we will continue communicating with our fans and backers to ensure they are informed and involved until we reach completion of the production.

As you know, Axanar Productions was created by lifelong Star Trek fans to celebrate our love for Star Trek. Without your support, we wouldn't be able to do what we've done so far or realize our dreams for the future.

Together, we can work together to make our vision of Star Trek a dynamic reality. Thanks so much for your confidence and support.

Live Long and Prosper,

Alec Peters
 
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