CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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Well, okay, but don't all fan films exist at the sufferance of the agencies who own the rights? Fair use doesn't cover fan films. Also, Axanar is still in production, while these rules are in effect. I actually thought the retroactive part meant they would allow finished works to stay online.
(To be bluntly, honest, I think Paramount/CBS was well within their rights to tell Axanar to close up -- I think it was an overreaction, but still -- and that Axanar doesn't have a leg to stand on in the case, so part of me is thinking: "Okay, why is this even a discussion, much less a court issue?" On the other hand, Paramount/CBS's guidelines are overly restrictive -- denying that they're trying to suppress the fan film community is obviously a load of bull -- so I don't exactly have much sympathy for them.
In a nutshell, I think the Axanar organization is in the wrong and behaving immaturely, but Paramount/CBS are overreacting and punishing innocent groups because of one incident. It's an awful mess.)
And you loved every moment of it, Mdme. Justice.
I'm curious to read your breakdown. It'll definitely get the other lawyers here talking, which is always a fascinating read.
There are about a million reasons, and this will answer pretty much all of them: http://axamonitor.com/doku.php?id=faq
How is P/C overreacting and punishing fan films? Has anyone other than Axanar been sued? Isn't P/C still looking the other way, allowing fans to continue making their own versions of Trek? I don't follow your comment.
I have more to write. It's dull, but it (usually) beats checking out the high-priced tchotchkes people buy for their $70,000 (and up!) weddings.
Cool link. Very informative. I'm even less impressed with Axanar's case and actions now.
I meant by putting unreasonable guidelines on the creation of fan films (specifically the severe limit on length, no series permitted, and not allowing recreations of specific scenes).
My question would then be how is it "unreasonable"? How is it not fair for C/P to request this of fan films and their makers? I've heard people say this many times, but the average person has difficulty articulating why such a request is so damning.
They could have said, "Hey, you know what? No more fan films. It's a total pain in the ass and we're not going to allow it any more. So there."
But they didn't.
The guidelines are plenty reasonable. Trekkies are just spoiled, that's all.
But they didn't.
The guidelines are plenty reasonable. Trekkies are just spoiled, that's all.
Think of it this way. How could series television survive if a few hundred Axanars around the world were operating "fully professional" studios directly copying the ideas and characters of your shows week by week, funded by viewers who would have been your viewers, selling merchandise directly based on your show, and cloaking it all in cashflow called "donations"? Let Axanar stand, and every popular entertainment property would have a gaggle of studios making next week's episode before the studio could do so, selling commercials to view it, and pretty much every angle they could find to monetize the studio's IP.
In the face of inevitable scaling of an Axanar business model into copycat projects all over the world, CBS is actually very generous in finding a carve out for fans to avoid shutting it all down. CBS said "we will let you do short form with our property, and we will keep the long form, and we will do the moneymaking version, while you do the modest budget version". Its actually brilliant, as compared to the alternative they have the right to do -- shut it all down.
Because of the huge monetary component involved and how it was largely directed to building a studio for general use, to salaries, and other troublesome matters, Axanar planted the seeds of large scale "market dilution" -- taking of future value for copyrighted work from the studios.
"Fully independent professional studios" should produce fully independently thought out *original work*.
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While it still sucks that people aren't getting what they paid for, that's actually IMO not horrible statistics when you consider the fact that pretty much anyone can start a Kickstarter for any project.
I'm pretty sure at least some of the 89% have to be from projects at least on the scale of Axanar, and if they can find ways to get backers their rewards I'm pretty sure Axanar could have, if they really wanted too. I think this is just another example of AP's ego getting the better of him.
It's their property. They have every right to dictate how it is used.
It's not just a studio trend. It goes across the boards for all rights holders on a variety of things - photographers protecting their rights is a big thing right now, same goes for writers and other freelances. We side them them automatically as they (we
) a're little guys. Just because C/P are the big guns, the perception shouldn't change.If there was any logical way of putting it, the fan film producers would be the unreasonable ones expecting free reign to play with someone that they do't own, nor have paid for.
C/P have, very fairly, very kindly, allowed this use to a degree because no harm was done. Arguably the most prolific fan film producer has spent a significant sum on his productions, whilst receiving nothing. Now harm has been done, not just by abusing the property to raise funds for personal expenses, but by abusing the trust of the brands fanbase.
It is never unreasonable to protect your property. And it is VERY reasonable - particularly right at this time - to openly say "it's yours to play with, on these conditions!"
I have found it amusing how in recent weeks the PROJECT SMALL ACCESS Facebook group has:
Not sent very many "packets" to the various execs on their mailing list
Revised the "post about Axanar" rules 50 or 60 times, each time being sure to exclude any sources that AP doesn't like, and to restrict conversation that isn't pre-formed to benefit Axanar
Linked to all of Jonathan Lane's "official" blog posts about Axanar and the lawsuit - thus repeatedly violating the rules
Added a rampant Axanar apologist - Colin Krapp - as an admin
Repeatedly mentioned that Jonathan Lane hasn't been able to devote as much time to the cause since he is working on a personal project
Subsequently revealing several large blog posts by Mr. Lane on - you guessed it - the Axanar case.
Of course we all know that Project Small Access is independent of Axanar and has nothing to do with it whatsoever.
Not sent very many "packets" to the various execs on their mailing list
Revised the "post about Axanar" rules 50 or 60 times, each time being sure to exclude any sources that AP doesn't like, and to restrict conversation that isn't pre-formed to benefit Axanar
Linked to all of Jonathan Lane's "official" blog posts about Axanar and the lawsuit - thus repeatedly violating the rules
Added a rampant Axanar apologist - Colin Krapp - as an admin
Repeatedly mentioned that Jonathan Lane hasn't been able to devote as much time to the cause since he is working on a personal project
Subsequently revealing several large blog posts by Mr. Lane on - you guessed it - the Axanar case.
Of course we all know that Project Small Access is independent of Axanar and has nothing to do with it whatsoever.
An appropriate last name considering his recent "contributions" to the Axanar discussion.So, they now have a 'Krapp' apologist as an admin?
You win the internet for today.
I have a hard time seeing a 50,000 cap to fundraising being unreasonable.
Axanar Indiegogo update:
"Many of you ask for updates on what is happening on the lawsuit. And we really can't talk much about the lawsuit as we are in discovery and Erin Ranhana, our amazing lawyer, has advised us not to talk! But there is still one location you can get the inside scoop on the Axanar lawsuit, and that is Fan Film Factor, the only legitimate news source on the Axanar lawsuit online
. Jonathan Lane, the author, consults with lawyers on every article and he is the only blogger that is both unbiased and knowledgeable about the law 
. He has multiple lawyers and legal experts he consults on each article and he really gets the important aspects of the case.
Please make sure you check it out and return regularly to get the insight we can't give you! :-)
Here is the latest article, which, while a bit long, is pretty damn good!
Fan Film Factor
Live Long and Prosper!
Alec"
"Many of you ask for updates on what is happening on the lawsuit. And we really can't talk much about the lawsuit as we are in discovery and Erin Ranhana, our amazing lawyer, has advised us not to talk! But there is still one location you can get the inside scoop on the Axanar lawsuit, and that is Fan Film Factor, the only legitimate news source on the Axanar lawsuit online
. Jonathan Lane, the author, consults with lawyers on every article and he is the only blogger that is both unbiased and knowledgeable about the law . He has multiple lawyers and legal experts he consults on each article and he really gets the important aspects of the case.Please make sure you check it out and return regularly to get the insight we can't give you! :-)
Here is the latest article, which, while a bit long, is pretty damn good!
Fan Film Factor
Live Long and Prosper!
Alec"
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Axanar Indiegogo update:
"Many of you ask for updates on what is happening on the lawsuit. And we really can't talk much about the lawsuit as we are in discovery and Erin Ranhana, our amazing lawyer, has advised us not to talk! But there is still one location you can get the inside scoop on the Axanar lawsuit, and that is Fan Film Factor, the only legitimate news source on the Axanar lawsuit online
Please make sure you check it out and return regularly to get the insight we can't give you! :-)
Here is the latest article, which, while a bit long, is pretty damn good!
Fan Film Factor
Live Long and Prosper!
Alec"
For Alec, unbiased means "agrees with me" rather than its literal meaning.
If this wasn't about a dopey, unmade fan film, this would be a genuinely terrifying comment. Perhaps it still is.
Neil
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