In a van, down by the river.
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Yet again, the 'Lawyer By Training' shows his legal incompetence.NEW on AxaMonitor: Peters Threatens Legal Action Against AxaMonitor, Others Over McIntosh's Coming Blooper Reel. Read more »
« Protecting the rights of the actors involved … is a laughably hypocritical notion coming from Alec, [who] used Tony Todd‘s name and likeness for months knowing full well that he had dropped out of the production. » — Terry McIntosh
As long as McIntosh has a copy of each person's release, and if such a release includes the mention of "bloopers" or "blooper reel," I doubt there's anything Peters could do to stop him. However, without the release from each person shown in the blooper reel, McIntosh is treading on thin ice. Each actor would have to bring their own grievance, though, as far as I understand it. This actually came about, iirc, because some actors objected to Gene Roddenberry's showing of the blooper reel during his 70's tour, "An Evening with Gene Roddenberry." I'm not sure that any objected to the fact that there were bloopers, but rather, because they weren't being compensated for the showing.
Didn't the settlement prevent him from claiming copyright on this debacle? Wouldn't that preclude a suit?
You're assuming rationality where none exists...
They have been contacted as we speak. Gary Graham will not be on board, because of the Vulcan Scene debacle. He wants to distance himself from Axanar. Kate Vernon replied, she's ok with it. Christian Gossett would participate. J.G. Hertzler hasn't replied yet. Even Tony T. has been contacted, his reply hasn*'t come yet.
Terry seems very sincere about making this happen. And he seems to have a round of support.
Even if he can't use the likes of the actors who didn't consent - there may be more room for AlecX's talent shown.
UPDATE on AxaMonitor: Trek Actors Cast Doubt on Axanar Legal Threat Against Prelude Blooper Reel. Read more »
After Vulcan Scene debacle, actor Gary Graham says he now wants to "stay well clear" of Axanar.
After Vulcan Scene debacle, actor Gary Graham says he now wants to "stay well clear" of Axanar.
To be fair, Peters' reaction was the opposite. He said it wasn't worth his time. See here »
Most actor contracts, which take care of compensation, include broad language allowing producers to use any footage for promotional purposes as the producers see fit. That can include bloopers, and bloopers don't have to be specified for producers to use the footage.
Yes, but is Terry McIntosh a producer for Axanar? Does he have rights to that footage? I doubt such a contract would give HIM the rights to the Axanar footage. I personally would dig to see it, but I'd hate to see another fan film in the news for being sued.
Any professional actor who wants to continue working, and doesn't disavow His Most Precious, is committing career suicide. Most of them know it, but some haven't realized it yet.
Axanar is a poison pill, and industry pros who swallow it are doomed.
DOOMED!
Axanar is a poison pill, and industry pros who swallow it are doomed.
DOOMED!
It'll be at the warehouse he calls a studio.
He's a little tattle-tale, isn't he? I mean, this is reminiscent of him calling CBS / Paramount to report copyright infringements on the part of Star trek Continues / New Voyages / etc. I'll bet he had a lot of fiends as a kid. "Teacher, teacher! Billy was being mean to Johnny!"
I was sure Alec had said somewhere during the lawsuit that if anyone posted the script online they'd be sued? Maybe I'm misremembering.
So it appears the former Star Trek actors who appeared in 'Prelude to Axanar have now bailed on the current project. And while Kate Vernon doesn't seem to mind being a part of a Blooper real, I have to wonder if she'd be willing to come back and do any further actual appearance for the project?UPDATE on AxaMonitor: Trek Actors Cast Doubt on Axanar Legal Threat Against Prelude Blooper Reel. Read more »
After Vulcan Scene debacle, actor Gary Graham says he now wants to "stay well clear" of Axanar.
I also have to wonder if Alec Peters will try to use previously existing unused footage from Prelude to complete his two 15 minute shorts <--- THAT would probably upset Gary Graham and the other actors MORE than inclusion in a Blooper Reel.
Technically, Alec Peters does have a Copyright on the work his group did - it's just 100% legally unenforceable by him or his group.
For actors to "come back" there has to be something for them to come back to.... so while the Alecolytes might be content with vague empty promises, in the real world people will continue to laugh and point on the rare occasion they actually pay attention.
Copyright law vests the original work’s copyright owner with the exclusive right to prepare derivative works. Therefore, the owner in the preexisting work must authorize the creation of a derivative work in order for it to be separately owned by another. If not authorized, the preparation of a derivative work constitutes copyright infringement of the preexisting work and is not copyrightable. But if authorized, and an absent an agreement otherwise, the owner of the preexisting work will not have any copyright ownership in the derivative work.
Unless Peters was granted assignment, he owns noting in the Star Trek Universe.
Um - that's what 'legally unenforceable by Peters" means.
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