Not to derail thread but - I wonder is C/P is taking Lucasfilm's recent lead on loading the new project with "respected names from the past" to add credibility with fans who felt the respective franchise had drifted from the "good old days".
I'm not @jespah (thought I respect the hell out of her)- but I'll chime in just to say that the work at issue in that case- and whether it being published or not affected a fair use defense- was the work being infringed - not the work that is accused of being infringing.
So looking at it in two different contexts regarding Axanar's script.
1. The fact that Axanar is unpublished does not bar someone else (say a reviewer of the leaked script) from claiming that his use of the unpublished script is a fair use under copyright. You can make a legal fair use of someone else's unpublished work just as much as if that work had been published
and, from the other direction
2. The fact that Axanar is unpublished does not give Axanar itself any "special" grounds for claiming that its use of C/P copyrighted material should be allowed is a fair use under copyright just because its script hasn't been published (yet).
M
Yep and thanks - I was doing homework.
Applicable statute: 17 U.S. Code § 107 - Limitations on exclusive rights: Fair use
The interesting thing about that link is this is info that used to be on the Axanar website, but it's not there anymore. I'm sure the Loeb & Loeb team have all of the screen shots they need of it though.
I'll repeat again that whether or not a script was "published" has no bearing whatsoever on whether that script is infringing copyright. I'm not sure why we keep discussing publication - but if I am missing something, I apologize and please let me know
Ah, but you are forgetting Peters v World which states that anything that is normal in the world is the opposite in Alec's
Launching a "world tour" says something about how imminent they feel their filming date is.
Rember the Simpsons's episode about Poochie? "whenever Poochie's not on screen, all the other characters should be asking "Where's Poochie"?"
Rember the Simpsons's episode about Poochie? "whenever Poochie's not on screen, all the other characters should be asking "Where's Poochie"?"
"Kelvar Garth (Garth of Izar), Captain, USS Ares
Starfleet’s most successful explorer reluctantly thrust into the role of Starfleet’s greatest commander during the war."
"...He has served with Garth for 12 years and has seen him evolve from legendary explorer to brilliant military commander...."
"....hand picked by Garth from Starfleet’s best...."
"...Coordinating the fleet based on Garth’s orders is his responsibility...."
"...A close friend of Garth’s and his mentor..."
"....A friend of Garth’s...."
"....respects Garth, even though he is his senior...."
"..Second only to Garth in the number of Klingon ships destroyed..."
That is the fucking perfect comparison!
Rember the Simpsons's episode about Poochie? "whenever Poochie's not on screen, all the other characters should be asking "Where's Poochie"?"
He doesn't often drink beer, but when he does, he prefers Dos Equis.Rember the Simpsons's episode about Poochie? "whenever Poochie's not on screen, all the other characters should be asking "Where's Poochie"?"
"Kelvar Garth (Garth of Izar), Captain, USS Ares
Starfleet’s most successful explorer reluctantly thrust into the role of Starfleet’s greatest commander during the war."
"...He has served with Garth for 12 years and has seen him evolve from legendary explorer to brilliant military commander...."
"....hand picked by Garth from Starfleet’s best...."
"...Coordinating the fleet based on Garth’s orders is his responsibility...."
"...A close friend of Garth’s and his mentor..."
"....A friend of Garth’s...."
"....respects Garth, even though he is his senior...."
"..Second only to Garth in the number of Klingon ships destroyed..."
He doesn't often drink beer, but when he does, he prefers Dos Equis.
If the con is putting him up and covering his costs, he probably doesn't see any reason not to go. Never mind the lawsuit, it's a free con!
Also relevant:
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