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CBS/Paramount sues to stop Axanar

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For "New Media" productions (Internet and video games and such), there is no SAG-AFTRA minimum (scale). SAG actors are allowed to work for as little pay as they want--unlike TV and movie productions. And there are guild pros throughout the industry of course, not just actors--WGA, DGA, and PGA, to name a couple.

It raises the question, though. If there's a Guild minimum for Producers, can it be paid?
That's not exactly right, Greg. While New Media rules don't set a rate for actors to be paid, you still can't go below the prevailing minimum wage laws that apply in your state.

As for paying producers, it depends on whether your production has (a) hired PGA members and (b) become a PGA signatory, thereby obligating you to pay applicable guild minimums.

Many of the guilds or unions, especially SAG-AFTRA, don't allow their members to work on non-union productions. SAG calls it Global Rule One; that's how seriously they take it. Other unions don't enforce their own version of the rule too strenuously, but that's the landscape you operate under.
 
Regarding fundraising: CBS could simply say no fundraising. That's a way around ever evolving fundraising paradigms. A simple, nope, you can't fund raise.

Fund raising was one of the reasons this mess all happened.

Someone will just start a superfan PAC.

Has it been a long road? You know, getting from there to here?

It's been a long night
Trying to find my way
Been through the darkness
Now I finally have my day

And I will see my dream come alive at last
I will touch the sky
And they're not gonna hold me down no more
No they're not gonna change my mind

'Cause I've got scraped prior art,
No one's gonna bend or shake me
I've got faith to believe, I can do anything

I've got no self control
And no one's gonna bend or break me
I am Trek's commissar, I've got faith
Faith of the heart
 
Someone will just start a superfan PAC.



It's been a long night
Trying to find my way
Been through the darkness
Now I finally have my day

And I will see my dream come alive at last
I will touch the sky
And they're not gonna hold me down no more
No they're not gonna change my mind

'Cause I've got scraped prior art,
No one's gonna bend or shake me
I've got faith to believe, I can do anything

I've got no self control
And no one's gonna bend or break me
I am Trek's commissar, I've got faith
Faith of the heart
"In this studio/warehouse, a powerful story will be told. A story that will someday help me make a shit-ton of money. Imagine it: thousands of dollars in coffee sales and an entire database of money-donating fans at my fingertips. And I'll be able to exploit those strange new fools, and seek out new IP to rip-off, and dodge new litigations. This will let me make money, where no man has earned before."
 
The counterclaim, though ...?
seriously <said with heavy vocal fry>

Huh. I just had another thought on this.... Mayyyybee this move is also Ms. Ranahan showing 'future' Paying Big Dollar Clients just how strongly and thoroughly she will to do EVerything and make EVery possible legal maneuver... to win their cases for them.


I wonder what the judge is going to do with this counter suit. As of this posting I'm thinking it's going to be denied and tossed. He can do that, right?
 
I think C/P would have to file a motion dismiss, which I think could quite possibly be granted, but as our Latino friends might say: "quien sabe"
 
Speaking of diplomacy, here's a you-tube video of one of Robert Meyer Burnette's twitter posts directed towards JJ Abrams from about 4 months ago. Too bad this vid wasn't shown during JJ's interview while he was defending AP, Axanar et al. JJ might have kept his mouth shut realizing what a bunch of :censored: are running Axanar.

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Oh. My. God.

After reading that I am soooooooo going to give Paramount so much of my money. I am going to see Star Trek Beyond soooooooo many times. If I could Send Paramount money (and they would take it, I mean) I would send them as much money as I donated to the defendant to make that fan film. And I would STILL go see Star Trek Beyond soooooooo many times.
 
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Every single time I've had online bullshit bleed over to the meat-world (people offer money to get my location, someone trying to get my wife deported by sending a letter to INS/DHS, someone making a point to find out where I live and threaten my family; none of it ever from TrekBBS, another messageboard entirely), all three times, it's be over stupid Star Trek bullshit. I kid you not.
I was once threatened by a guy from Finland on a Formula 1 forum. I told him that if he was prepared to make the trip from Helsinki to Manchester he was actually more than entitled to take a swing at me.

He never came.
 
Is it possible that this is a Joaquin Phoenix experiment? Could the new CBS show be Alec Peters' version of "I'm Still Here?" Was TrekZone his David Letterman?
 
from the FB group CBS/Axanar group:

The Ballad of Alec Peters - A Dramatic Reading
As told by: the Trek Geeks

http://traffic.libsyn.com/trekgeeks/TheBalladOfAlec.mp3

1. 20 seconds in, the concept had already proven itself.
2. They worked really quickly to put this together.
3. ................ yeah, this is real life...... this is happening.... AP is a real person who's really acting this way....
 
I hope someday someone who's been threatened with an having their "ass kicked" by Peters confronts him at some event. I bet AP would fold like an accordion at the idea of actual fisticuffs.
Compared to such an ass kicking, he does not fear the CBS empire.

Alternative joke: Not even the first pure warship Tobias Richter ever created could save him.
 
1. 20 seconds in, the concept had already proven itself.
2. They worked really quickly to put this together.
3. ................ yeah, this is real life...... this is happening.... AP is a real person who's really acting this way....

and this is filed in a Federal court for history to peruse...
 
I agree with Wheaton about this, and his view echoes what many have suggested on here. As I posted previously Abrams didn't say "there's this great fan film called Axanar, it's fantastic and blah blah" it was practically an off the cuff comment where the name Axanar hardly rolled off his tongue. And the relatively rapturous applause from the audience felt more like generous approval of Abrams and Lin sticking up for all fans and fanfilms. Playing to the crowd, if you will. Wil.
 
I agree with Wheaton about this, and his view echoes what many have suggested on here. As I posted previously Abrams didn't say "there's this great fan film called Axanar, it's fantastic and blah blah" it was practically an off the cuff comment where the name Axanar hardly rolled off his tongue. And the relatively rapturous applause from the audience felt more like generous approval of Abrams and Lin sticking up for all fans and fanfilms. Playing to the crowd, if you will. Wil.
I'm wondering though - it has been a while ago already when Justin Lin made that tweet about fanfilms. I thought someone in the knowledge would then have told him the facts to give him a different perspective?
 
I'm wondering though - it has been a while ago already when Justin Lin made that tweet about fanfilms. I thought someone in the knowledge would then have told him the facts to give him a different perspective?
But does he mix with people with that knowledge? I've been a Star Trek myself for most of my life and I wasn't aware of the full extent and depth of fanfilms out there until very recently. I still bought into the cliche of them being a bunch of dudes filming in their basements/garages. He may still perceive them as such.
 
But does he mix with people with that knowledge? I've been a Star Trek myself for most of my life and I wasn't aware of the full extent and depth of fanfilms out there until very recently. I still bought into the cliche of them being a bunch of dudes filming in their basements/garages. He may still perceive them as such.
I meant, someone official from CBS or Paramount.
 
Okay, so remarkably enough Jonathan Lane posted something that isn't complete crap, at least to the extent that he was informative by quoting Erin Ranahan (Axanar's lead attorney):

We filed the counterclaim only to preserve Axanar’s rights in the event that Paramount and CBS do not dismiss their claims as J.J. Abrams and Justin Lin stated they would, do not issue reasonable guidelines, or the parties are not able to reach a settlement.

While it is our contention (as described in the counterclaim) that Alec has been attempting to play nice both before and after he was sued for creating fan fiction in the universe in which he has been a lifelong fan, unfortunately the lawsuit remains pending, and we are thus required to abide by the deadlines governing this case.

Axanar was required to file an answer and any counterclaim yesterday pursuant to the case deadlines, and we know from experience that the Court is not likely to push back any deadlines (e.g., the Court moved up the trial schedule proposed by the parties, and denied Plaintiffs’ request to have more time to respond to Axanar’s first motion to dismiss).

The announcement by J.J. Abrams and Justin Lin Friday night was a complete surprise to Axanar, as was the announcement shortly thereafter that CBS and Paramount would be issuing guidelines for fans moving forward. Of course we are grateful for this support, and are pleased that Plaintiffs have reversed their position on providing guidelines.

We can confirm that since the case was filed we have made multiple settlement offers to Paramount and CBS, and have been engaging in ongoing discussions with them.
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While we have included a single claim for declaratory relief, this claim is not “upping the ante” given that we are not seeking any monetary damages, but simply a declaration of fair use or non-infringement in the event that the case is not resolved, which we intend and hope that it will be. Of course, if CBS and Paramount dismiss their claims against Axanar, or we are otherwise able to resolve these claims, we have no intention of pursuing the declaratory relief claim, and would agree to dismiss it as part of any settlement.

It certainly sounds as if, as of the time that Ranahan made those statements, the plaintiffs have not reached out or responded in such a way as to confirm what Abrams claimed on Friday. Of course, the week is young.

The other question the statement raises is, what do the defendants plan to do if they don't find whatever guidelines CBS issues "reasonable?" They figure a PR statement by the producer of a movie which will probably be in wide release by the time this starts to resolve itself will give them enough leverage to prevail in court on something that isn't even really at issue in the plaintiff's suit?
 
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