CBS/Paramount sues to stop Axanar

Dear Alec,

Sorry, CBS got here first.

Regards,

The attorneys who stopped you
The executives who stopped you
The laws that stopped you
The judge who stopped you
The actor who admires your rowing skills

[ and just to be clear - THIS is parody ]

 

No. When you have signed your contract to work on the show, it's a work for hire contract, anything yoiu create will be owned by your employer. You might get a residual if your character is used again, but you have no control over that character, as you never owned it in the first place.

Unless, if you had a series, like Harry Potter, and you liscensed the character to the studio.

 

Why are Axanar backers avoiding the FTC?
In doing some general research into the legalities of crowdfunding, I took a look at the complaints data at the FTC for some prominent didn't-deliver campaigns, including Axanar. Based on the information the agency provided:

• It only took 47 complaints for the FTC to investigate and eventually sue Erik Chevalier over his undelivered $122k, 1246-backer Kickstarter, The Doom That Came To Atlantic City.

• Axanar only has 4 complaints.

That is puzzling considering the level of organization and passion among disgruntled Axanar backers. It is very rare to have hundreds of victims of a rip-off organized. The FTC should be flooded with complaints. But the focus seems to be more on insults and memes rather than organizing complaints-filing efforts.

When 50 or so complaints may be all it would take to trigger an investigation into Peters' web of operations, get real answers about what was done with the money, get injunctions in place that could cripple Peters' ability to harm consumers, and to possibly get refunds over time, why is this being avoided?

Backers, if you would, please respond with your specific reasons for having not yet filed complaints with the FTC.

Since I'm not on facebook and would reeeally rather not join, if anyone wants to copy/paste this question at the groups, please do. The more responses the better.

 

Indeed. In fact, there was an agreement between Hatch and Universal that he would only show his trailer at cons and not publicly release it online. IIRC, He asked all the people present not to record it and upload it, because he wanted to get the best chance of building a continuation story under the Universal banner while they were still mulling it over. And he was pretty successful for a while, too, as the fans also wanted to see it happen for real and respected his/Universal's wishes, for the most part. It wasn't until Ron Moore's NuBSG came out, I think, that we started seeing early phone recordings of the trailer (horrible audio/video quality back then), because most people had given up on any hope for a continuation and/or felt betrayed by RDM's reboot. By that time, though, it didn't really matter any more. Hatch already moved on at that point, joined the NuBSG cast as Tom Zarek, and the rest is history.

 

Yep, and I'd argue that portraying Zarek allowed him to shine more as an actor than playing an older Apollo.

 

Just a random, non-expert, thought about the "guidelines". There's a certain amount of whining from Axanar acolytes ("fans" doesn't seem the right word) about how STC and other productions seem to be getting away with violating the guidelines imposed by CBS/P. It occurs to me that the guidelines are just that: guidelines. The LAW is still the 800 pound gorilla. Following the guidelines doesn't mean that CBS/P can't sue you. They can. Violating the guidelines doesn't mean that you WILL get sued. The law allows CBS/P to enforce or not as they see fit. That's is why LFIM's complaining about a "lack" of guidelines is so disingenuous. The only "guidelines" that really matter are written into the law. The guidelines don't override the law. They are just suggestions on what will keep the hammer from dropping, but they are not, and can't be, a guarantee. You make a fan film (or any kind of fan product) at your own risk whether you follow the guidelines or not. STC, Potemkin and, to an extent, audio productions like Excelsior and Outpost are benefiting from their efforts to respect the IP holders and to make damn clear that any money they raise goes to the product and doesn't end up in anyone's wallet, and they are still at risk because of the law. So endeth, the rant. I just finally put it together and anyone who wants to analyze, dispute, dismiss or laugh at it, feel free.

 

Yeah, we got $45 last week, and I went and got colored LED bulbs with it, and hung new lights in the bridge set. The results are wonderful, and the donors got immediate satisfaction of seeing where their money went.

For those of you who are on Facebook, you can see our new lighting tests:
https://www.facebook.com/randy.landers.5/posts/10156807426857837

 

There are FOUR Lights!
No Sushi.........

 

Sometimes a customer stays past closing time at the restaurant, and you don't kick them out. That doesn't mean you are required to let a tour company drop off a whole busload of diners at closing time. It may be to your financial advantage to cater to them, but there may be very good reasons why you don't want to operate your business that way. That they could generate a bit more revenue is not something you are 'stupid not to see'.

Cut across someones lawn occasionally, maybe. Sell tickets to their pool, no.

Axanar acolytes want guaranteed large scale trespass/their-benefit-over-yours carveouts if you ever let anyone stay late at your business or be a guest in your pool. That's just not how it works.

How is this hard for them to understand? Pool owner rules pool. Restaurant owner rules restaurant. How much a fan you are of eating out or swimming is irrelevant.

 

If you ask a cop how many miles over the speed limit you can drive without being ticketed and he says, "For a guideline, I don't usually ticket anyone going less than 10 mph over the limit and the next day you get ticketed for going 55 in a 50 zone, do you think the judge will buy your argument that "the cop said the guideline is that they usually don't write tickets for less than 10 over the limit!"

 

Interesting question. But Axanar is doing 90, driving into oncoming traffic.

 

Or what if you're driving the posted 50 mph but randomly changing lanes causing disruptions for everyone else on the highway?
Many of the guidelines could be considered subjective. If one raised $45,000 to fund computers, sets, rent, sound, lighting and film equipment, what does that have to do with a $50,000 funding for the actual 15 minute film?
My number one question was: Who was going to police the highway of fan films? I for one, don't want to be the one yelling "Hey look at what they're doing" It's not my function...lol.
Do you think that the person who quietly produces a 60 minute two part Star Trek production with very little resources and hardly gets notice, is going to get a nasty letter in the mail? If so why, they probably got 9 out of 10 rules right.
There are a lot of ways to skirt the guidelines but still violate the spirit of the guidelines and become a nuisance, Don't become the Nuisance.

 

And ramming other cars deliberately.

 

And his tailpipe seems to be dragging

 

How do you search the FTC complaints to get the total number? I know how to file a complaint and have that link but I don't know how to search for a company's overall record with them including total number of complaints filed. Do you have a link to that resource?

 

You have to file an FOIA request and wait about 2 weeks to get results back. If it is a simple request, it costs nothing. If it is complicated, it might run you a few bucks. Here's the form link.

 

Ah, thanks. That will come in handy not just for Axanar but other kickstarters and crowdfunding ventures with less than scrupulous creators.

 

Apparently LFIM is trying to get folks to sue Carlos now..........?? (Kind of ironic given that he made 'Lee' sign over to graphic design work he did)

 

2 questions.

1) What graphics work from Lee are we talking about?

2) And what is Lee to sue Carlos for?