Uh...no. Back in the 90's and to a lesser degree in the early 2000's Paramount engaged in multiple scorch-and-burn litigations against the fans (including Rod Roddenberry until he bent the knee) for fan-run websites containing fan-made artwork, selling fan-made memorabilia, garage resin kits and other trinkets, etc. In fact, the "fair use" laws arguably came out of those early litigations back in the 90's with all the Trek-based websites popping up everywhere (including mine). We were all waiting to see where the hammer would drop next for the past 20 years.
Yes, Paramount and CBS throttled it back in recent years mostly because Trek experienced a massive dry spell since Enterprise tanked and they ostensibly needed the fandom to keep the interest alive without having to pay a cent of their own money for marketing. They did absolutely nothing at all back in the 60's and 70's because in their eyes, it was a dead franchise. Of course they wouldn't waste money to protect it back then! Now, since the Abramsverse movies have generated their own momentum in the franchise again and the creation of the new series (which conveniently seems to take place in the exact timeframe and prime universe of Axanar), Paramount and CBS is back to their old games. Axanar was a "low hanging fruit" that they knew would be an easy target to make a point, and an example, with much of the credit attributed to Peters' own arrogance thinking he could get away with it so blatantly!
Don't think in any way that I'm making excuses for AP or defending him. He fucked up...bad. And now he's going to pay the price, but with other people's money, unfortunately. But I call bullshit that CBS and Paramount are benevolent victims that magnanimously allowed everyone to run a free ride on their property all these years. It's just flat-out not true.
You're conflating two entirely different things. Fan films — original works (though admittedly still infringing) — are a far cry from direct copying that was prevalent on the 90s-era websites to which you refer. Yes, Paramount came down hard on such websites. But it has never treated fan films similarly because they were unlike many of the copying/infringing activities you cite through which people were earning money. Fan films weren't supposed to (until Axanar, of course).
Paramount/CBS didn't "throttle back" anything with regard to fan films. I know that because I was producing them in the early 2000s. And your explanation that this was due to Enterprise's cancellation is a convenient retcon. Star Trek fan films were thriving, untrammeled by studio legal action, before, during and after Enterprise.
And I hate to blow up your dubious legal theory, but the principle of fair use predates Paramount's 90s-era crackdown by a couple centuries in common law until it was incorporated into the Copyright Act of 1976. And while Star Trek has certainly contributed to evolving copyright case law,
none of those cases are tied to the 90s-era crackdown. I suspect your own website's experience at that time may have colored your perception of what indeed triggers legal action from the studios against Star Trek fan films.
Also, in what way is it "convenient" that CBS' new series takes place in the same prime universe as Axanar? That universe is the only one to which CBS owns the rights, so what else are they supposed to do?
Also, Axanar does not take place in the "exact same timeframe" as Discovery. The supposed (and non-canonical) Four Years War took place 10 years before the year in which Discovery is set. This "Discovery stole Axanar's idea" narrative is a
canard utterly unsupported by anything resembling facts.
I would love to see what facts you can produce to bolster your contention that Paramount/CBS are up to "old tricks" — a dubious proposition since until Axanar they had pursued no such litigation against fan films.
And the idea that Axanar represented "low hanging fruit" is patently absurd. Low hanging fruit doesn't cost the hundreds of thousands of dollars CBS/Paramount are spending in defending their Star Trek copyrights against Axanar's infringement. If Axanar's fruit is hanging low, it's only from the weight of the $1.4 million Alec Peters raised (and spent) without ever producing the promised feature film.
CBS/Paramount's past litigiousness focused on people trying to make money off their intellectual property. Fan films never really posed that kind of threat. Until Axanar. So the studios' lawsuit is in keeping with their long-standing practice of pursuing people trying to make a buck (or a million) off Star Trek.
on this whole thing. A highly quotable blog post in both its clearly researched accuracy of information and its equanimity in presentation.
