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CBS/Paramount sues to stop Axanar

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I wonder if there's a reason why Axanar is so adamant that they're going ahead with filming.

I don't like to think the worst, but I wonder if they intend to go ahead for now so that no one demands a refund, then when they are shut-down for good they can say, "There is no money to refund, we spent it all."
 
I can't imagine they'll have people lining up to take on roles in Axanar now. I wouldn't be too surprised if the supposedly returning cast aren't already making their excuses.
 
The more I think about it - my proposed fan film (kickstarter will be up later) - 'Love Instructor' will be pretty lawyer proof - given all of the cast will be naked and in a field - try and show IP violations there CBS Lawyers!
 
If I were an actor, or a writer, or even just the guy who mops the floors on the sets, I'd be hauling ass to distance myself away from Axanar Productions.
 
The more I think about it - my proposed fan film (kickstarter will be up later) - 'Love Instructor' will be pretty lawyer proof - given all of the cast will be naked and in a field - try and show IP violations there CBS Lawyers!
It might violate an orifice or two...
 
So, I am so sorry I didn't screen cap it, it has since been deleted, but on the Bridge a Restoration project page, Peters, said that Axanar was filing for Tax exempt status.... I didn't think of it then, but here we are 2 years into their fundraising, where over $1,000,000 has been raised, and they weren't "tax exempt" before.... This guy has no clue what he is doing....
 
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Tax exempt, when he's making money off of commercial products like branded coffee? Yeah, ok.

Non-Profits in the US can sell products... Again much of what he has done (other than the copyright infringement) didn't technically violate the law... Just the internal rules CBS had set for fan use of their IP
 
So, I am so sorry I didn't screen cap it, it has since been deleted, but on the Bridge a Restoration project page, Peters, said that Axanar was filing for Tax exempt status.... I didn't think of it then, but here we are 2 years into their fundraising, where over $1,000,000 has been raised, and they weren't "tax exempt" before.... This guy has no clue what he is doing....

If he's saying that, it's a red herring to distract the donors. I don't see tax-exempt status as a possibility here for several reasons.

1. Axanar Productions, Inc., is presently structured as a for-profit business corporation with at least one shareholder (Peters). Non-profit corporations are almost always non-stock companies run by a self-perpetuating board of directors.

2. The tax-exempt process is neither quick nor easy. You have to file a detailed application, after which the IRS auditors can (and will) demand additional information. I created a small nonprofit about 15 years ago and the process was relatively quick then--but it still me about six months to get approval. Things are much different now.

3. Filing for tax-exempt status now has zero effect on the copyright infringement lawsuit. As Star Trek: Continues noted in its own tax-exempt filings, nonprofit status is nothing more than a demonstration of good faith to CBS that you are attempting to comply with its oral, unwritten guidelines regarding fan productions. Filing for tax-exempt status after CBS has already sued you is like closing the Spacedock doors after Kirk has already stolen the Enterprise.
 
As far as ST:C goes, the IRS filings that oswriter is talking about indicate that they don't have employees, let alone take salaries, so they're off the hook on point one. Don't know if they sell merchandise; as I said upthread, I know precious little about ST:C or its crew, which I do intend to rectify; color me interested.

STC does not report any merchandise sales in its tax filings. Their Kickstarter "perks" do not include anything like DVDs or the patches that the Axanar campaigns offered. Indeed, STC made it clear in their letter to the IRS they would consider any type of DVD sales a violation of CBS copyright.

The thing is, the newest Star Trek Continues Kickstarter did actually offer merchandise as donor perks. DVDs and Blu-Rays are both offered. Not to mention cast photos (which may or may not have them appearing in IP-infringing costumes. Not sure about that one)

Offering merchandise in exchange for donations isn't a new or groundbreaking thing. PBS has been selling $60 totebags for decades. Nor is it inherently disingenuous nor does it automatically make you a for-profit enterprise.

The thing is, PBS has the permission of ITV to sell Downton Abby frisbies and Sesame Street shot glasses.

One Rule, always stood out.... If CBS was clear about anything, was, if, you, the fan, was going to make a "fan film" then you couldn't make money.

I don't care if Peters took $38k, $100k or just $1.00, he drew a salary as producer, he made money...

And the inevitable question to follow, "You do expect him to do this for free do you?" my response, If the guy wants to play with CBS IP and make a fanfilm and not make money
, That's his choice, not mine....

Personally, if it's a "fan film", I'd say yes.
If he wants to make it, yes it should be for free... If he doesn't want to do it for free, then he simply shouldn't do it...

Christ, he's acting like he was forced to produce this thing.

No one is saying he shouldn't get paid to work. Just that you can't get paid doing this. It's like he just showed up in a McDonalds uniform, started making Big Macs, and in exchange for that work he took money out of the register. Sure, you should get paid...but you also need to be hired.

If you're arguing that this is a fan film, then you can't get paid. That makes you an actually production and CBS doesn't like that.

If you're arguing that you should get paid, then you're not a fan film, and CBS doesn't like that.


Me thinks this is the straw that broke the camels back. You can't be a paid producer of Star Trek unless you're hired by the people who actually make Star Trek.
 
The exempt purposes set forth in section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals.


So is he *really* going to approach the IRS and claim he's running an educational foundation?
 
CBS is going to crush Axanar Productions.

Yup. And while Peters has brought this on himself, I just don't think he has an idea of how bad this really could be for him. I mean, I have no love for the guy, but at the same time, I hate to see anyone trampled like he's going to be.
 
The exempt purposes set forth in section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals.


So is he *really* going to approach the IRS and claim he's running an educational foundation?

Maybe he's educating us as to how NOT to do a fan film?
 
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