Well, they apparently did find a licensee more than a year ago, and that sparked exactly the same kind of questions in the modeling world. Even then, Axanar people tried to smack down legitimate questions. For example:
Over on Starshipmodeler, I questioned how the producers of Axanar can licence kits to Starcrafts for production, when Axanar has no licence from CBS/Paramount. … Someone claiming to be one of the Axanar lawyers told me I didn't know what I was talking about and that it was all legit. That slap down certainly turned me off this whole production. I think the Axanar producers are wandering into a very grey legal area, and hence their offer to give you a model if you support their non-profit production, rather than just sell it to you. But really, you can call it whatever you want if it gives you heartburn. Pay $X, and they will send you a model.
That generated this warm reply from an attorney claiming he worked for Axanar:
I am also one of the attorneys representing Axanar and can confirm you don't know what you're talking about.
What a difference one year and a lawsuit make, huh, Mr. Attorney?
And then none other than Axanar director Rob Burnett shows up to make this startling declaration I'm sure CBS' lawyers will be gratified to learn:
As industry professionals, it's our desire to bring back what drove our fandom when we were young and first discovered Trek … In addition to the film itself, we also set out to make all the supporting merchandise we as fans want to see, including model kits, apparel, literary tie-ins, etc. [emphasis added; you can
read the whole thing here.]
Since they're "industry professionals," you would think they would also want to avoid a multimillion dollar copyright infringement suit. But I guess not .