Star Trek fans: Want another reason to hate Paramount?

[RealSNR]

http://www.ew.com/article/2015/12/30...r-trek-lawsuit

Paramount Pictures and CBS Studios filed a copyright infringement complaint against Axanar, a crowdfunded Star Trek film, Monday, claiming the movie uses “innumerable copyrighted elements of Star Trek, including its settings, characters, species, and themes.” Now, Axanar filmmaker Alec Peters has responded to the lawsuit in a statement on Facebook, in which he calls the movie “a love letter to a beloved franchise.”

“It is the Star Trek fans themselves who are most affected here, for by suing Axanar Productions to stop making our movie and collect so-called damages, CBS and Paramount are suing the very people who have enthusiastically maintained the universe created by Gene Roddenberry so many years ago,” Peters wrote. (In the lawsuit, the studio asks for $150,000 in damages per “each separate Star Trek Copyrighted Work infringed.”)

Axanar has raised over $1 million through crowdfunding, and calls itself the “first fully-professional, independent Star Trek film” on its Indiegogo page. “While some may call it a ‘fan film’ as we are not licensed by CBS, Axanar has professionals working in front and behind the camera, with a fully-professional crew — many of whom have worked on Star Trek itself,” the page reads, “who ensure Axanar will be the quality of Star Trek that all fans want to see.”

Peters’ recent statement also highlights the intersection between fandom and professionalism. “The fact that many of the fans involved with Axanar Productions are also industry professionals speaks volumes to the influence of Star Trek in the entertainment industry,” he said. “Not surprisingly, these fans want to give something back. We’re very proud that the work we’ve done to date looks so good. That is also a reflection of the devotion of Star Trek’s fans.”

He added that Axanar Productions “take this matter very seriously and remain open to discussing solutions with all parties that can be mutually beneficial.”

Read the full statement here, and read more about the lawsuit here.

That is so typical of them. Shit on the fans for money. Why don't these assholes go after the smaller fan films that actually suck? Those films have gone beyond using the universe, terms, franchise, and crews-- those films have used the same ACTORS as well. Other than HG Hertzler, I don't see Walter Koenig, Nichelle Nichols, Ethan Phillips, and so many others in this new Axanar film.

While you're at it, why not lobby Congress to just put an ax to fanfiction and other fan projects that rely on funding from independent sources and don't seek to produce these works as a venture to make a profit?

If I didn't love this franchise so much, I'd end all associations with any new movies and the TV series that I just know I'm going to get stuck paying the monthly fee for.

[bishop_74]

I haven't seen the project. Are they making profit, or just using the funds to produce it? I could see Paramount locking that down if they weren't going to just put it on Youtube for free. Maybe that's just the Jew in me, but that's why the laws exist. Sadly.

[RealSNR]

Originally Posted by bishop_74

I haven't seen the project. Are they making profit, or just using the funds to produce it? I could see Paramount locking that down if they weren't going to just put it on Youtube for free. Maybe that's just the Jew in me, but that's why the laws exist. Sadly.

As far as I know, it's just going to go on youtube for free.

[RealSNR]

For those who haven't seen it... no, it's not the same thing as an official Star Trek movie, even some of the shittier ones. But it's brand new and innovative development of the universe that at least doesn't TOTALLY smell like shitty fan-made crap that usually gets put out there.

Somebody like Chris Conley could stand to learn a lot from the team working on this project.

[RealSNR]

Originally Posted by bishop_74

I haven't seen the project. Are they making profit, or just using the funds to produce it? I could see Paramount locking that down if they weren't going to just put it on Youtube for free. Maybe that's just the Jew in me, but that's why the laws exist. Sadly.

The answer to your question:

http://www.axanarproductions.com/faq/

Is Axanar licensed by CBS/Paramount?

No, Axanar is an independent project that uses the intellectual property of CBS under the provision that Axanar is totally non-commercial. That means we can never charge for anything featuring their marks or intellectual property and we will never sell the movie, DVD/Blu-ray copies, T-shirts, or anything which uses CBS owned marks or intellectual property.

[RINGLEADER]

Originally Posted by RealSNR

As far as I know, it's just going to go on youtube for free.

It doesn't matter if they're distributing it for the purpose of making money or not. If they're infringing then they're infringing and proving damages doesn't require the infringing party to make a profit of you can prove that the infringement impairs the rightful holder's ability to profit. Paramount can choose to turn a blind eye (and if these people really wanted to defend it they could use every instance of Paramount not enforcing their marks in support of their POV) but in the law (for the reason just stated) there is an obligation in certain situations to affirmatively pursue infringement of your mark lest the legal system conclude that you have abandoned your interest in those marks.

To fans it is a douchey thing to do, but I've had to send nasty letters to protect marks that I have an interest in many times and it usually illicits the same "what an asshole" response.

[bishop_74]

Originally Posted by RINGLEADER

It doesn't matter if they're distributing it for the purpose of making money or not. If they're infringing then they're infringing and proving damages doesn't require the infringing party to make a profit of you can prove that the infringement impairs the rightful holder's ability to profit. Paramount can choose to turn a blind eye (and if these people really wanted to defend it they could use every instance of Paramount not enforcing their marks in support of their POV) but in the law (for the reason just stated) there is an obligation in certain situations to affirmatively pursue infringement of your mark lest the legal system conclude that you have abandoned your interest in those marks.

To fans it is a douchey thing to do, but I've had to send nasty letters to protect marks that I have an interest in many times and it usually illicits the same "what an asshole" response.

So you are saying if the owner of said copyright doesn't pursue all offenders then the legal system can deny the right at a later time?

[RealSNR]

Originally Posted by RINGLEADER

It doesn't matter if they're distributing it for the purpose of making money or not. If they're infringing then they're infringing and proving damages doesn't require the infringing party to make a profit of you can prove that the infringement impairs the rightful holder's ability to profit.

Okay.

In what POSSIBLE circumstance is Axanar in some way, shape, or form, siphoning off $150,000 worth of damages to Paramount?

Shouldn't it be up to the prosecuting party (Paramount) to prove in what way their material is being used to cost them money on their brand?

I don't know the circumstances of when you had to make such a call, nor is it really any of my business to judge whether or not you were doing the right thing. All I can judge is the application of this particular law in this particular case, and the answer always comes up the same for me. Paramount, through this little brouhaha, isn't being harmed with this Axanar movie... all they're doing is being a bunch of dicks.

[ragedogg69]

reminds me of that movie that was illegally shot in disneyland. Disney chose not to give it unwanted attention with a lawsuit.

[Jamie]

I'm guessing that CBS and Paramount suddenly care about this because of the new Star Trek series. It's going to be streaming, so Axanar is perceived as competition now.

[DaFace]

I guess I have trouble being upset over a copyright holder going after someone who is clearly violating their copyright.

[RealSNR]

Originally Posted by DaFace

I guess I have trouble being upset over a copyright holder going after someone who is clearly violating their copyright.

They have just as much of a right to go after fanfiction writers or people who have produced other fan-made Star Trek films. Why don't they? Is it because their brand actually isn't being harmed?

[Jamie]

I've seen it explained elsewhere that the difference is that they built a studio, and openly planned to use it to make other things after Axanar was finished. Essentially they used Star Trek to get the startup capital for a business.

[unlurking]

While I was rooting for Axanar, I'm only surprised it took this long. There is a difference between fanfic and a professional offering. Hell, they've got professional actors who've played parts in the Star Trek TV shows.

Horizon is probably next, but the actors actually look like fans and not pros (the captain is horrible), so they may be ignored.

[Bowser]

Originally Posted by RealSNR

They have just as much of a right to go after fanfiction writers or people who have produced other fan-made Star Trek films. Why don't they? Is it because their brand actually isn't being harmed?

Let's be honest...they're afraid Axanar will be better received than the new streaming show or possibly the movie. Or at the very least, they don't want to have competition not completely under their control for both entities. That's not to say that Paramount doesn't have a legal leg to stand on, of course.