CBS/Paramount sues to stop Axanar

[GSchnitzer]

Sorry for being late to the party today, people, but I've been busy driving steam engines all day. I have just started reading the amended complaint and noticed this


(My boldness added)

Does that technically mean I can register Star Trek in the UK?

Also, this...



What scene would that be?

They may be thinking that the footage shot in October at the STNV studios was intended to be part of the Axanar motion picture. The short vignette "Heroes"--showing a rehabilitated Garth--was intended to be a standalone production, not intended to be incorporated into the larger film--just as Prelude to Axanar was itself a standalone production.

I'm not sure if, since it is intended to be a standalone work, it is not therefore one of the two previously-identified "Axanar Works." Perhaps the other works where Alec Peters portrays Captain Kelvar Garth (STNV's "Origins," STNVs "Going Boldly" vignette, and this joint Axanar/STNV production "Heroes") have simply escaped C/P's detection as plausibly additional "Axanar Works."

 

[HMS Ark Royal]

It's worth a shot. Try it and let us know how it works out.

Okay - I will

 

[HMS Ark Royal]

They may be thinking that the footage shot in October at the STNV studios was intended to be part of the Axanar motion picture. The short vignette "Heroes"--showing a rehabilitated Garth--was intended to be a standalone production, not intended to be incorporated into the larger film--just as Prelude to Axanar was itself a standalone production.

I'm not sure if, since it is intended to be a standalone work, it is not therefore one of the two previously-identified "Axanar Works." Perhaps the other works where Alec Peters portrays Captain Kelvar Garth (STNV's "Origins," STNVs "Going Boldly" vignette, and this joint Axanar/STNV production "Heroes") have simply escaped C/P's detection as plausibly additional "Axanar Works."

That is a good point... After this is over, Alec's going to be sent to Coventry by almost all the Star Trek community for what he has done

 

[carlosp]

Sorry for being late to the party today, people, but I've been busy driving steam engines all day. I have just started reading the amended complaint and noticed this


(My boldness added)

Does that technically mean I can register Star Trek in the UK?

Also, this...



What scene would that be?

Don't forget that a lot of Tobias Richter's VFX scenes have been done and those count as part of the Axanar Works as well.

 

[jespah]

I am about 1/2 - 2/3 done with the blog post. I cannot look at this stuff anymore tonight. Fonts. Shadows. Nacelles. Insignia (insigniae?). Stardates. Logos.

Over 5,000 words written so far.

Zzzzz until tomorrow bright and early for da show.

 

[Indysolo]

Don't forget that a lot of Tobias Richter's VFX scenes have been done and those count as part of the Axanar Works as well.

According to the complaint, 1/3 of the effects are done, which is bizarre as supposedly the script wasn't finished.

Neil

 

[wtriker1701]

According to the complaint, 1/3 of the effects are done, which is bizarre as supposedly the script wasn't finished.

Neil

Maybe it's a "Bottle Show" movie, this former independent, professional production...?

Per

 

[HMS Ark Royal]

Maybe it's a "Bottle Show" movie, this former independent, professional production...?

Per

I think Peters will be hitting the bottle rather then making such a show

 

[Noname Given]

They may be thinking that the footage shot in October at the STNV studios was intended to be part of the Axanar motion picture. The short vignette "Heroes"--showing a rehabilitated Garth--was intended to be a standalone production, not intended to be incorporated into the larger film--just as Prelude to Axanar was itself a standalone production.

I'm not sure if, since it is intended to be a standalone work, it is not therefore one of the two previously-identified "Axanar Works." Perhaps the other works where Alec Peters portrays Captain Kelvar Garth (STNV's "Origins," STNVs "Going Boldly" vignette, and this joint Axanar/STNV production "Heroes") have simply escaped C/P's detection as plausibly additional "Axanar Works."

In looking at the complaint - it appears the picture was to show the similarities in 'Alec-Garth's' costume to the original costume in the TOS episode "Whom God's Destroy". (I believe the assumption is Alec had the costume designed for him by his 'Axanar' group - and worn on PII/NV's set. (No mention of PII/MNV is made; and I don't know if someone from PII/NV had a hand in writing the 'Heroes' vignette script or costume design for 'Alec-Garth' or not.)

If someone involved with PII/NV did, and this gets to court; you can bet W&S will probably bring that up (IE that the picture depicting the infringement was taken on the PII/NV - ( aka another Star Trek fan film group that C/P in not suing for copyright infringement) set; but again, since neither the PII/NV group (nor any of its fan produced episodes) is named in the suit; PII/NV should still be in the clear; because again it's a specific copyright suit; and C/P by law are allowed to be 100% selective about whom they prosecute.

If W&S try to implicate PII/NV, it'll go nowhere as it's like saying as a defense to a speeding ticket you received: "Hey, ten other cars were speeding too - but the cop pulled me over and issued me a ticket..."

The Judge would most likely reply: "Just because others were speeding too, isn't a defense to the fact that you were caught speeding by an officer of the law and issued a ticket. The officer was acting within his rights to pull you over and issue you a ticket if he believed buy the evidence he had available, you were in fact travelling faster than the posted speed limit."

The best W&S can get from the Judge is to present further evidence that someone working in the Axanar group made the 'Garth' costume used in the/or wrote the 'Heroes' script. But again, the 'Heroes' vignette WAS NOT mentioned in the complaint as part of what C/P calls "The Axanar Works".

 

[GSchnitzer]

In looking at the complaint - it appears the picture was to show the similarities in 'Alec-Garth's' costume to the original costume in the TOS episode "Whom God's Destroy". (I believe the assumption is Alec had the costume designed for him by his 'Axanar' group - and worn on PII/NV's set. (No mention of PII/MNV is made; and I don't know if someone from PII/NV had a hand in writing the 'Heroes' vignette script or costume design for 'Alec-Garth' or not.)

If someone involved with PII/NV did, and this gets to court; you can bet W&S will probably bring that up (IE that the picture depicting the infringement was taken on the PII/NV - ( aka another Star Trek fan film group that C/P in not suing for copyright infringement) set; but again, since neither the PII/NV group (nor any of its fan produced episodes) is named in the suit; PII/NV should still be in the clear; because again it's a specific copyright suit; and C/P by law are allowed to be 100% selective about whom they prosecute.

If W&S try to implicate PII/NV, it'll go nowhere as it's like saying as a defense to a speeding ticket you received: "Hey, ten other cars were speeding too - but the cop pulled me over and issued me a ticket..."

The Judge would most likely reply: "Just because others were speeding too, isn't a defense to the fact that you were caught speeding by an officer of the law and issued a ticket. The officer was acting within his rights to pull you over and issue you a ticket if he believed buy the evidence he had available, you were in fact travelling faster than the posted speed limit."

The best W&S can get from the Judge is to present further evidence that someone working in the Axanar group made the 'Garth' costume used in the/or wrote the 'Heroes' script. But again, the 'Heroes' vignette WAS NOT mentioned in the complaint as part of what C/P calls "The Axanar Works".

Alec's "Garth" costume is the original costume--used for Commisioner Ferris in Galileo Seven and reused a couple of times before being used in Whom Gods a Destroy. Alec bought that original costume at auction; it's not a reproduction.

 

[RedForman]

And that amended complaint explains (at least to me), why Tobias wanted his account deleted/deactivated rather than just be banned. No one would have found his posts from before, e.g. regarding the Vulcan scene:

"That whole sequence was done within 3 weeks from start to finish - including building all the vulcan scenery, ships, camera tracking, rendering, compositing. Bascially 3 weeks with no social life and very few sleep for me

I´m glad that most of you like the outcome. Regarding the "bump" - i never would have thought that so many people noticed. I intentionally left that one in to give the whole shot a more realistic feel. If you smooth everything out, you get a very artificial look."

http://www.trekbbs.com/threads/star-trek-axanar.189130/page-107#post-11201401

What respect I had for this guy has diminished quite a bit. Tourangeu on the other hand, I feel bad for........

"The Axanar ship is a derivative design of several ships of the Star Trek Copyrighted Works, including the U.S.S. Titan, pictured above in the novel Star Trek Titan: Sword of Damocles, and the U.S.S. Centaur."

Well no kidding. Perhaps that's because the Ares looks (to me) like a TOS-ified version of the Titan that he designed........(the Centaur connection is stretching it).

 

[SuperSpaceMan]

Alec's "Garth" costume is the original costume--used for Commisioner Ferris in Galileo Seven and reused a couple of times before being used in Whom Gods a Destroy. Alec bought that original costume at auction; it's not a reproduction.

Hatch's Kharn costume was actually Plummer's costume from TUC if I remember correctly....

 

[HMS Ark Royal]

Hatch's Kharn costume was actually Plummer's costume from TUC if I remember correctly....

Thats right - just with the medallion thing removed. It was done right as you can see where the costumer's glue is/was

 

[Noname Given]

Alec's "Garth" costume is the original costume--used for Commisioner Ferris in Galileo Seven and reused a couple of times before being used in Whom Gods a Destroy. Alec bought that original costume at auction; it's not a reproduction.

In looking at what C/P have next to that pic in their amended complaint - I don't know if a judge/jury will consider that particular infringement 'proven' and C/P also seem to think the still is an actual shot from the 'Axanar' film (and it's obviously not); so that mistake may go to Axanar's favor on that particular infringement claim - OR it could lead to the Judge expanding 'discovery' so that the court can get all proper evidence needed to fully render a Judgement.

(And after discovery - depending on how C/P want to peruse it, there's always a chance "Star Trek: New Voyages/Phase II" - or members of you group; could be added to the 'Does' list and named. Again, not an attorney, just someone who works for a court - but lawyers will usually do what's needed to make their case; and Axanar's defense could press the matter too.)

 

[Jam3s1701]

What respect I had for this guy has diminished quite a bit. Tourangeu on the other hand, I feel bad for........

"The Axanar ship is a derivative design of several ships of the Star Trek Copyrighted Works, including the U.S.S. Titan, pictured above in the novel Star Trek Titan: Sword of Damocles, and the U.S.S. Centaur."

Well no kidding. Perhaps that's because the Ares looks (to me) like a TOS-ified version of the Titan that he designed........(the Centaur connection is stretching it).

there are also about 7 other ships that appear in star trek, star trek new films and star trek online that could be said look like the Ares.

 

[RedForman]

there are also about 7 other ships that appear in star trek, star trek new films and star trek online that could be said look like the Ares.

Assuming the Ares is a one-off version of the Titan design, I'd like to think that those 7 other ships could be said to look like Titan and thus, have no bearing here (for the designer's sake)

 

[Jam3s1701]

Assuming the Ares is a one-off version of the Titan design, I'd like to think that those 7 other ships could be said to look like Titan and thus, have no bearing here (for the designer's sake)

well I'm not sure what came first

the Akira or the Titan.

but from certain views like from direct on the Akira certainly does look like the Ares.

 

[Jam3s1701]

well I'm not sure what came first

the Akira or the Titan.

but from certain views like from direct on the Akira certainly does look like the Ares.

also there are about 2 Miranda variants that also from above look like the Ares too.

 

[Allyn Gibson]

well I'm not sure what came first

the Akira or the Titan.

but from certain views like from direct on the Akira certainly does look like the Ares.

The Akira-class predates the Titan by about a decade. We first saw an Akira in Star Trek: First Contact. The Titan design was revealed in 2004.

 

[carlosp]

According to the complaint, 1/3 of the effects are done, which is bizarre as supposedly the script wasn't finished.

Indeed. That's one reason I found the "unripe" argument in the Motion to Dismiss to be disingenuous. This script was set; it had to be in order for VFX work to proceed. And while the defense tried to weave a narrative in which they were "changing the script in light of the lawsuit," they neatly avoided the sad truth that starships were likely to be named as infringing elements, meaning they would have had to totally re-create the VFX that had already been completed.

Given the fact that Axanar still had only raised 44 percent of its actual production budget, this would have just compounded costs. Their shortfall was around $745K; this, plus other production design changes necessitated by filing off the serial numbers might easily have pushed them to needing another $1 million. Even in the fantasy world where Axanar won the right to produce this movie, that's a pretty steep hill to climb now that its brand is likely toxic in the worlds of film production and crowdfunding.