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CBS/Paramount sues to stop Axanar

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The lawsuit isn't about raising money for Ares Studios. If you read the lawsuit it's really just about using copyrighted elements that CBS and Paramount own.

Neil

That's correct. However, there was some discussion over whether or not the layout of the fundraisers provided any separation between Ares Studios, Axanar Productions, and the Axanar film. The short answer is that they've all been tied together from the beginning and they all make liberal use of CBS/Paramount IP. The long answer is what has occupied us these past few pages.
 
The lawsuit isn't about raising money for Ares Studios. If you read the lawsuit it's really just about using copyrighted elements that CBS and Paramount own.

Neil
I think you're onto something here, Neil. People think that the complaint is about Axanar making too much crowdfunding money or not spending it prudently or spending the money on profit-making productions. The complaint is explicitly about copyright infringement.
 
Exactly. If you stopped reading at that paragraph, you would assume the sound stage and set were only going to be used for Axanar, which is reasonable. That's why you would need to scroll down to the sound stage section. Here's a quote (again from the 31 July 2014 capture):



As far back as that first Axanar Kickstarter, they made it clear that the studio was going to be used for commercial ventures after Axanar was completed.

thanks I do remember reading these but lost track of where in all the funding docs they were. It does seem a very explicit statement that money from the Trek-IP based kickstarter pitch will go into 'profit' which CBS outlawed for fan productions.

The lawsuit isn't about raising money for Ares Studios. If you read the lawsuit it's really just about using copyrighted elements that CBS and Paramount own.

Neil

true. the profit/permanent studio part may come into play in determining the amount of damages awarded, and the assets which might be recoverable should CBS win.
 
thanks I do remember reading these but lost track of where in all the funding docs they were. It does seem a very explicit statement that money from the Trek-IP based kickstarter pitch will go into 'profit' which CBS outlawed for fan productions.



true. the profit/permanent studio part may come into play in determining the amount of damages awarded, and the assets which might be recoverable should CBS win.

In theory, there are statutory damages awarded once it is determined if there was infringement, i.e., the result of a trial. Now, if there were talks of a settlement, then...
 
I think you're onto something here, Neil. People think that the complaint is about Axanar making too much crowdfunding money or not spending it prudently or spending the money on profit-making productions. The complaint is explicitly about copyright infringement.
Yep, that's why I thought earlier than CBS would be OK with an out-of-court settlement that simply stopped Axanar, and perhaps provided some compensation for the unlicensed merchandise. They don't care about Ares Studios, they just don't want professional, low-budget Star Trek films being made under the guise of "fan films".
 
Yep, that's why I thought earlier than CBS would be OK with an out-of-court settlement that simply stopped Axanar, and perhaps provided some compensation for the unlicensed merchandise. They don't care about Ares Studios, they just don't want professional, low-budget Star Trek films being made under the guise of "fan films".
Does everyone agree that it is the likely the payment of a salary (albeit "below industry average" :rolleyes:) out of raised funds that was likely why Axanar was specifically targeted, unlike every other fan film?
 
I think the unlicensed merchandise would be more of an issue than the payment of salaries.

But as I mentioned above really the "professional" production had to rankle feathers. What's to stop some other studio from making it's own low budget Star Trek film and calling it a "fan film"
 
No, I think it was 1.3 million dollars, the repeated public statements that this was a professional film, and the fact that they ignored a fairly explicit warning from CBS in August.
The word "professional" is rather subjective. To be honest, Prelude to Axanar still felt like a fan film to me.
I think the unlicensed merchandise would be more of an issue than the payment of salaries.
Oh yeah. Okay, then can we generalize salary payments to "demonstrated attemtp to profit monetarily" or some such formulation? Because Axanar is being singled out, and other fan films should explicitly know what mistakes to avoid to save themselves the same hassle.
 
Because Axanar is being singled out, and other fan films should explicitly know what mistakes to avoid to save themselves the same hassle.

Honestly? If I'm a fan film producer, I'm doing nothing with CBS IP at this point without the express consent of CBS. Too much risk involved, and I'm sure as hell not going to risk my livelihood on a hobby.

Which may well be part of the point in bringing the suit.

JMHO.
 
Does everyone agree that it is the likely the payment of a salary (albeit "below industry average" :rolleyes:) out of raised funds that was likely why Axanar was specifically targeted, unlike every other fan film?

We don't know that they have been singled out, they might have plans to close all fan films. This really could be a "sue one fan production so our C&Ds cause real fear" situation. They might have been chosen because they're high profile but how far down they go after Axanar falls is unknown.
 
Honestly? If I'm a fan film producer, I'm doing nothing with CBS IP at this point without the express consent of CBS. Too much risk involved, and I'm sure as hell not going to risk my livelihood on a hobby.

Which may well be part of the point in bringing the suit.

JMHO.
We don't know that they have been singled out, they might have plans to close all fan films. This really could be a "sue one fan production so our C&Ds cause real fear" situation. They might have been chosen because they're high profile but how far down they go after Axanar falls is unknown.

Ugh, I really hope you are both wrong. I share the same fear, but choose to believe that Ananar alone will bear the consequence for their misuse of someone else's IP. My hope is that CBS will be straightforward in giving other fan-films some sort of guidelines to avoid infringement charges.

What is the difference between the Sky Conway productions (Of Gods and Men, Renegades) and Axanar in terms of raising money? I was leery of them too, but they've managed to do okay without getting shut-down.
 
The word "professional" is rather subjective. To be honest, Prelude to Axanar still felt like a fan film to me.

Professional isn't subjective. You start hiring people--say, union actors, who are required to be paid, then, you are entering into the realm of professionals.

Quality is subjective. I've seen studio films that are worse than some fan films.

Oh yeah. Okay, then can we generalize salary payments to "demonstrated attemtp to profit monetarily" or some such formulation? Because Axanar is being singled out, and other fan films should explicitly know what mistakes to avoid to save themselves the same hassle.

I would say: don't take a salary, don't raise a million bucks, don't say you are making a professional feature length movie, don't sell merchandise that has CBS IP on it. Do it as cheaply as you can. It's about making something you love, not about competing with CBS and Paramount.
 
Speaking as a TV production professional, I will say that the Professor is wise, both in his interpretation of "professional" and "quality." I shudder at some of the things people want to air.
 
People think that the complaint is about Axanar making too much crowdfunding money or not spending it prudently or spending the money on profit-making productions. The complaint is explicitly about copyright infringement.

Both are true from a certain point of view.
The big pile of money that's involved in this, shady businesses practices and profiteering of ST IP is the reason why they brought the complaint against Axanar(and not any other fan film previously).
The copyright infringement is the means by which to bring them down.
 
Both are true from a certain point of view.
The big pile of money that's involved in this, shady businesses practices and profiteering of ST IP is the reason why they brought the complaint against Axanar(and not any other fan film previously).
The copyright infringement is the means by which to bring them down.
That's only guesswork at this point, though. There has been nothing official from CBS/Paramount indicating this is about anything else than copyright infringement. Or has there?
 
An here come the haters (Response to HMS). I will be going back into the fringes and observing again. I don't want to get into it with anyone either way.

Don't, I would rather have people like yourself involved in the conversation as then this rather massive topic has some genuine conversation rather than jokes about coffee, carpets and script changes to make it an xxx movie.

The non-hero ships do seem to be derivative of the styling of nuTrek. But the Ares looks straight up TOS (and I rather like it, for what it's worth).

I agree, the Ares fits well into the TOS aesthetic, she may be a little more textured that the TOS or even TOS-R Enterprise but I have always assumed that the surface detailing could be dialled up just slightly without changing the look of the original big E; kinda like the one Vektor did a couple of years ago.

She fits in as both one of the missing steps between the NX era and TOS with or without the revised designs for the other ships (which the only thing in common is rough styling of the nacelles which are very TOS inspired anyway).

I have always liked the more compact, sturdy look to her and the only criticism I have ever had for you design is the deflector which I would have gone with a gold dish with blue back lighting (like the NX and some of the TOS redesigns like Vektor and Madkoifish who's deflector design I rather like) though I believe Trekyards discussed that it would not stand out well (really hope you do an episode with them on the Ares, enjoyed the 2 part Titan one) and I say criticism but thats soley a personal design choice.

Honestly Sean I like the Ares alot, even more so than the Titan and I really like the Titan - if rumours of her inclusion in the Official Starships is true she is making the cut to join my fleet be it a regular scale or a special edition... hoping for a special like the NX Refit.
 
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