Axanar anthology

[Sto-Vo-Kory]

I completely forgot about this anthology. Presumably the lawsuit will void this project as well.

Another volume for the Cemetary of Forgotten Books, I guess...

 

[Idran]

I completely forgot about this anthology. Presumably the lawsuit will void this project as well.

Another volume for the Cemetary of Forgotten Books, I guess...

Are they not challenging it? I'd heard the lawyers were already putting together a not-for-profit defense, I was thinking this might actually finally end up creating a test case for defining fan-creation bounds in terms of fair use.

 

[JoeZhang]

I completely forgot about this anthology. Presumably the lawsuit will void this project as well.

Another volume for the Cemetary of Forgotten Books, I guess...

Are they not challenging it? I'd heard the lawyers were already putting together a not-for-profit defense, I was thinking this might actually finally end up creating a test case for defining fan-creation bounds in terms of fair use.

There is no fair use here - absolutely no chance of that winning - plus any pro who still agrees to write for this now...

 

[nx1701g]

I completely forgot about this anthology. Presumably the lawsuit will void this project as well.

Another volume for the Cemetary of Forgotten Books, I guess...

Are they not challenging it? I'd heard the lawyers were already putting together a not-for-profit defense, I was thinking this might actually finally end up creating a test case for defining fan-creation bounds in terms of fair use.

From what was said a little while ago in the thread in Fan Productions they've asked for an injunction to cease all work on this project.

 

[Allyn Gibson]

I completely forgot about this anthology. Presumably the lawsuit will void this project as well.

Another volume for the Cemetary of Forgotten Books, I guess...

Are they not challenging it? I'd heard the lawyers were already putting together a not-for-profit defense, I was thinking this might actually finally end up creating a test case for defining fan-creation bounds in terms of fair use.

Their only defense is to attempt to claim a Fair Use exemption. That's an affirmative defense; they would admit that they're appropriating copyrighted material that they don't have rights to, and then they would argue why they can. A nonprofit educational use is one of the four tests for a Fair Use exemption, but I don't think Axanar could reasonably claim that their "not-for-profit" use of Star Trek for this film advances any educational goal.

 

[StarCruiser]

They have been authorizing merchandise and tie-ins to the production... Basically, turning Axanar into a business trying to make money from Star Trek...bang, you're dead...

If they had not stepped over that line, I don't think Paramount/CBS would have said anything.

 

[Christopher]

^Yeah, it's bizarre to me that they'd go there. I thought everyone understood that fan fiction is only tolerated so long as it's absolutely non-profit.

If they're so determined to do something professional, why not just create an original universe? I mean, obviously I understand the appeal of writing in the Trek universe, but it's always more satisfying when I can publish something that's original to me.

 

[BillJ]

If they're so determined to do something professional, why not just create an original universe? I mean, obviously I understand the appeal of writing in the Trek universe, but it's always more satisfying when I can publish something that's original to me.

People have no emotional connection to a new universe, thus no reason to open their wallets to donate.

 

[Sto-Vo-Kory]

^Yeah, it's bizarre to me that they'd go there. I thought everyone understood that fan fiction is only tolerated so long as it's absolutely non-profit.

If they're so determined to do something professional, why not just create an original universe? I mean, obviously I understand the appeal of writing in the Trek universe, but it's always more satisfying when I can publish something that's original to me.

Since you mentioned it...

Any Hub on the horizon for 2016, Christopher?

 

[Kegg]

If they're so determined to do something professional, why not just create an original universe? I mean, obviously I understand the appeal of writing in the Trek universe, but it's always more satisfying when I can publish something that's original to me.

People have no emotional connection to a new universe, thus no reason to open their wallets to donate.

They can have an emotional connection to the idea of a science fiction or space opera property done in a specific way - this was essentially Marc Scott Zicree's entire pitch for Space Command on Kickstarter back in 2012. Old school type science fiction with all these Known Properties like Doug Drexler (who left) or actors like Robert Picardo and Doug Jones!

Release still pending on that.

David Gerrold also had a much less successful attempt at crowdfunding a series based on his Star Wolf novels, books in turn based - I'm told, anyway - on ideas he had for Star Trek episodes, but repurposed to be set in his own space universe. He's apparently a creative consultant with the Axanar people... so that's one very different way this could have gone, surely.

(And these are just specific examples of space opera film/TV crowdfunding attempts based on new or owned IPs, plenty of the most successful crowdfunding efforts have been about making something like but legally distinct from an existing IP, even works by enthusiastic fans of said IP yet distinct.)

 

[Ryan Thomas Riddle]

David Gerrold also had a much less successful attempt at crowdfunding a series based on his Star Wolf novels, books in turn based - I'm told, anyway - on ideas he had for Star Trek episodes, but repurposed to be set in his own space universe. He's apparently a creative consultant with the Axanar people... so that's one very different way this could have gone, surely.

A lot of STAR WOLF was Gerrold's reaction to TNG, and likely an indicator of how he'd have approached the Trek sequel had he been showrunner. There's even a Worf stand-in.

Although, the actually germ of the series came from his 1972 novel Yesterday's Children, expanded and republished as Starhunt.

One novel, Blood and Fire, is based on his cancelled TNG script of the same name.

 

[Christopher]

Since you mentioned it...

Any Hub on the horizon for 2016, Christopher?

I hope so. At least, one of my first planned projects for the year, once I get my TOS novel finished up, is to get to work on some new Hub stories. I'm not sure if any would be published this year, though. In the meantime, I have an upcoming Analog story (not yet scheduled, but surely sometime this year) called "Murder on the Cislunar Railroad," which is in the universe of Only Superhuman but about 15 years earlier.

People have no emotional connection to a new universe, thus no reason to open their wallets to donate.

They don't have that reason to donate, but there are other ways to attract an audience. Lots of original projects have Kickstarters. Familiarity is an advantage, not an absolute requirement.

And as Kegg pointed out, they can have a connection to familiar actors or creators. If you can get well-known professionals involved in your production, then that's your hook.

(And these are just specific examples of space opera film/TV crowdfunding attempts based on new or owned IPs, plenty of the most successful crowdfunding efforts have been about making something like but legally distinct from an existing IP, even works by enthusiastic fans of said IP yet distinct.)

Sounds sort of like those unlicensed faux-Doctor Who videos from the '90s, like The Stranger.

A lot of STAR WOLF was Gerrold's reaction to TNG, and likely an indicator of how he'd have approached the Trek sequel had he been showrunner. There's even a Worf stand-in.

Although, the actually germ of the series came from his 1972 novel Yesterday's Children, expanded and republished as Starhunt.

And the germ of Yesterday's Children was Gerrold's proposal for a 2-part TOS episode called "Tomorrow Was Yesterday" (no relation). He started doing it as a novel, but got so caught up in the original ship and crew he created to replace the Enterprise that he veered off and did a totally different story (which had absolutely no reason to be called Yesterday's Children, hence the later title change). He eventually adapted "Tomorrow Was Yesterday" into the Bantam TOS novel The Galactic Whirlpool. (Which is also a pretty ill-fitting title, since that phenomenon has only a peripheral role in the story. If only he'd changed YC's name to Starhunt right off the bat, it would've freed him up to use YC as the title of TGW.)

So between Yesterday's Children, Starhunt, The Galactic Whirlpool, and The Voyage of the Star Wolf, Gerrold got four distinct novels out of the same initial concept.

 

[Sto-Vo-Kory]

Since you mentioned it...

Any Hub on the horizon for 2016, Christopher?

I hope so. At least, one of my first planned projects for the year, once I get my TOS novel finished up, is to get to work on some new Hub stories. I'm not sure if any would be published this year, though. In the meantime, I have an upcoming Analog story (not yet scheduled, but surely sometime this year) called "Murder on the Cislunar Railroad," which is in the universe of Only Superhuman but about 15 years earlier.

Excellent news.

I really enjoyed the Hub collection and eagerly await any new stories set in that universe.

 

[The Lensman]

I completely forgot about this anthology. Presumably the lawsuit will void this project as well.

Another volume for the Cemetary of Forgotten Books, I guess...

Are they not challenging it? I'd heard the lawyers were already putting together a not-for-profit defense, I was thinking this might actually finally end up creating a test case for defining fan-creation bounds in terms of fair use.

Their only defense is to attempt to claim a Fair Use exemption. That's an affirmative defense; they would admit that they're appropriating copyrighted material that they don't have rights to, and then they would argue why they can. A nonprofit educational use is one of the four tests for a Fair Use exemption, but I don't think Axanar could reasonably claim that their "not-for-profit" use of Star Trek for this film advances any educational goal.

I don't know if they could argue "Fair Use". "Fair Use" typically applies when wanting copies of an already existing work, not when creating a new one. Usually it's applied to books and educators. Even then, "Fair Use" doesn't allow an educator to copy an entire protected work, only a few pages, possibly up to a chapter IIRC. The problem is that people often just throw "Fair Use" out like a magical ward, but it's not a catch all for people who want to violate copyrights.

Axanar has zero legal ground to stand on in any aspect of this lawsuit.

 

[TheAlmanac]

I completely forgot about this anthology. Presumably the lawsuit will void this project as well.

Another volume for the Cemetary of Forgotten Books, I guess...

Are they not challenging it? I'd heard the lawyers were already putting together a not-for-profit defense, I was thinking this might actually finally end up creating a test case for defining fan-creation bounds in terms of fair use.

I would love to see an actual test case go forward, but I doubt it will happen anytime soon (with this or any other project).

In virtually any other circumstance, the current stalemate works to the benefit of both fandom and copyright-holders, and those sides would both have a lot to lose depending on which way a US court ruled on a test case.

 

[David Mack]

I'd heard the lawyers were already putting together a not-for-profit defense, I was thinking this might actually finally end up creating a test case for defining fan-creation bounds in terms of fair use.

Profit or lack thereof is irrelevant with regard to copyright infringement. Even if a fan film or a piece of fanfic never earns a cent, if it uses copyrighted elements without permission, then it is an infringing work. Consequently, the not-for-profit angle as a defense is a guaranteed loser, based on statutes and case law precedents. U.S. copyright law is not forgiving in the least.

 

[Christopher]

^Right. The only reason most fanfiction and fan films don't get sued is because CBS chooses to look the other way. It's still a violation, but they consider it a harmless violation and even a beneficial way to keep up interest in the franchise -- but if someone pushes too far, then CBS may decide not to ignore it anymore, which is what apparently happened here.

 

[David Mack]

^ I suspect that, in some cases, there is also a financial consideration: It simply isn't worth CBS's time to pursue every small-scale infringer; the legal costs would be prohibitive, and most of the parties are insufficiently capitalized to be able to pay damages. In that respect, the Axanar team's success at fund-raising might just be the factor that spelled their doom. The moment they became capitalized to the point that they could build a studio and pay personnel salaries of any amount, they became worth suing.

 

[Shon T'Hara]

Profit or lack thereof is irrelevant with regard to copyright infringement.

It is one prong of the fair use test, though it's neither necessary or decisive, and it's really intended to protect academic usage, so I doubt fanfic would qualify unless it were done for a creative writing class.

^ I suspect that, in some cases, there is also a financial consideration: It simply isn't worth CBS's time to pursue every small-scale infringer; the legal costs would be prohibitive, and most of the parties are insufficiently capitalized to be able to pay damages.

That's what DMCA takedown notices are for. CBS could destroy the fan film community with a few dozen scary form letters. Fanfic would be a little more time consuming, but having an intern trawl the major repositories and send out a weekly DMCA request wouldn't be that expensive. I think there are even companies that specialize in that sort of thing.

 

[ATimson]

That's what DMCA takedown notices are for. CBS could destroy the fan film community with a few dozen scary form letters. Fanfic would be a little more time consuming, but having an intern trawl the major repositories and send out a weekly DMCA request wouldn't be that expensive. I think there are even companies that specialize in that sort of thing.

There are companies that claim to specialize in it, but they don't do a competent job. There's no intern or other human in their automated processes; they just DMCA anything that looks like it even might be infringement, even though anybody with two brain cells to rub together could see that it isn't.

Which is how you end up with stuff like the original short film that inspired Pixels being taken down because it allegedly infringed on the full movie. Or Disney DMCAing perfectly legal images of Star Wars action figures.

Unfortunately, nobody at the big media companies have yet been successfully prosecuted for perjury under the DMCA for their false claims.