How many times does somebody have to tell you that the copyright case is not the real issue before you finally get it through your head?
There is no "real issue". You're just telling me what to be concerned about. I think the legal implications of what happens with the copyright have much more far-reaching impact than the defamation suit, so that's what I'm interested in. At the end of the day, the defamation suit only affects Alec and his projects.
It's different when they do it. Just like if someone else used Peter's property he would throw a fit while using CBS' property with impunity.
The problem is that Paul's tactics can be used by others against far less deserving fan film creators. How would you feel, for example, if the creator of the Aurora fan films was working with someone on a script without a contract, then when they were in post production, that person filed a copyright and threatened to sue if they didn't throw the whole thing out?
There was an argument, at one time, that they could be, provided no profit is made off of them whatsoever, and that all credit due is given to CBS/Paramount as primary owners of the IP. That, of course, has all gone into the shitter because of the ass-clown. Things were so much simpler back then before he dropped a MERV-6 on the thin line of intellectual property protection which forced CBS/PM to drop the hammer on all of it.
This is supposition. The Guidelines themselves suggest that CBS had a discomfort with certain types of fan projects long before Axanar came along. This is not trademark law. They were not "forced" to stop infringement, or else they would have done a clean sweep of all fan films.
Although, now that I think about it, stopping people from using "Star Trek" in the title makes a lot of sense from the standpoint of trademark law, and I'm surprised they didn't do that earlier. This would be the one Guideline where I think CBS didn't really have a choice.
That would be unlike any screenwriting experience I have ever had in 17 years.
That's kinda my point. Just because Paul presents a clean delineation between Alec's prior script and his derivative script doesn't make it indisputable.
That would be true if what Jenkins copyrighted was the entire script. He did not. Look again at the copy of the registration I posted above. It cites pre-existing material upon which Jenkins' work was added. Under "basis of claim" it only identifies the pink underlined text — only Jenkins' work. He's making no claim on the bits of the script written by Peters.
And if Peters disputes either which parts he authored or that he had the right to file in the first place, it doesn't matter. He would still have standing.
As to standing, again, copyright law is absolutely clear: You can't take legal action on copyright without having registered your copyright:
"The U.S. Supreme Court held [in 2019] that bringing a suit for copyright infringement requires that the infringed work actually be registered with the U.S. Copyright Office, and that a mere application for registration will not suffice." ("U.S. Supreme Court Holds That Copyrights Must Be Registered before Plaintiffs Can File Infringement Suits,"
Mintz.com, by Susan Neuberger Weller, Andrew D. Skale, Harold S. Laidlaw)
Alec Peters has no registered copyright on Axanar. He can never legally copyright Axanar because he is
specifically prohibited from doing so by the settlement with CBS over Peters' infringement of Star Trek copyrights.
You're clearly confusing infringement with copyright invalidation. Even if Alec could get a copyright to the work in its entirety, free and clear, he wouldn't be able to file for infringement because Paul isn't trying to infringe. He's trying to EXPUNGE. Alec having the copyright would just prevent Paul from suing HIM.
Jenkins' press release implies no such thing. What it says is, "Paul’s rewritten Axanar script and all scenes filmed to date will not be used by the Axanar project as these materials are protected by copyright." That's not a threat, active or not. It's simply a statement of fact by virtue of the fact that Jenkins has a valid copyright registration.
Nonsense. It's only a statement of fact if Alec chooses not to use the footage, which he would only do under the threat of lawsuit. This is basically Paul saying "That's a nice fan film project you got there. Shame if something were to happen to it."
Welcome to the wacky world of copyright law. Yes, the only way to defend or dispute a copyright is to go to court.
Yeah, but the question is why you're under the impression that a person his to INFRINGE the copyright before challenging it? That's the part I don't get.
Double jeopardy only applies to
criminal law.
It's an analogy meant to communicate an unfair situation, not a legal opinion.
And even if he could, he can't contest the original registration because it has already been amended; there are not two registrations. Any action could only be taken over the copyright as it's currently registered.
My point wasn't that he could contest the original filing so much as he shouldn't have to start over and contest FURTHER amendments while he's already challenging the (amended) copyright he original challenged. Otherwise, Paul could just keep undercutting his legal actions by filing minor amendments to address specific points, until Alec runs out of funds.
That said, I'm willing to conceed this point because I feel like it's not likely to happen anyways.
LOL. You'd be surprised how many movies begin life as scribbles on cocktail napkins. That is normal. But submitting handwritten script changes for the real writer to "transcribe" for you? That is not.
To be fair, getting your co-writer to sign a work-for-hire contract would also be normal, so what's normal for Alec?
Stating you believe that CBS made a mistake doesn't mean you don't respect them, only that you disagree with one of their actions. I believe CBS made a mistake in restricting fan films to only 30 mins. total and not allowing series or sequels; that doesn't mean I don't respect them.
No argument here.
