Tag Archives: Axanar

Axanar: It’s settled!

Read the entire article, which is VERY interesting and has many ramifications for fandom here.

Table of Contents for the article on Axamonitor:

These are the bits I thought would most interest our membership, following the discussion we had at one of our meetings.

With its January 31, 2017, copyright infringement trial just 11 days away, Axanar producer Alec Peters settled with plaintiffs CBS and Paramount Pictures.

Sources connected to CBS told AxaMonitor that Peters is allowed under the settlement to make two 15-minute films that must adhere to the fan film guidelines announced by CBS in June 2016.

The settlement allowed Axanar to keep Prelude available on YouTube, commercial-free. It can also be exhibited at fan conventions, film festivals and non-commercial events. It cannot ever be shown at official Star Trek conventions.

So, bottom line:  Fan films are supposed to be made by fans!

Judge Denies Axanar Its Fair Use Defense

From the Axamonitor website, with thanks to File 770 for pointing me to the latest developments.

While a Federal judge denied summary judgment January 4, 2017, to both sides in the Axanar copyright infringement lawsuit, he dealt a major blow to the defendants’ hope to use fair use as a defense in the case.

Going to Trial

The 15-page decision moved the case forward to its scheduled January 31 trial date, striking out a central part of the defendants’ case. While Klausner found Axanar was indeed substantially similar to Star Trek using an extrinsic test, despite the defense’s protestations to the contrary, he left to the jury the intrinsic, or subjective, decision over whether the “total concept and feel of [Axanar and Star Trek works were] substantially similar.”1)

‘Objectively Infringing’

The extrinsic test Klausner used examines “specific expressive elements: the plot, themes, dialogue, mood, setting, pace, characters, and sequence of events in the two works to determine if articulable similarities exist.“2)

« Defendants intentionally use elements from the Star Trek Copyrighted Works to create works that stay true to Star Trek canon down to excruciating details. Defendants even touted that ‘Axanar feels like Star Trek.’ »Judge R. Gary Klausner

Here, Klausner wrote, the “Defendants [producer Alec Peters and Axanar Productions] intentionally use elements from the Star Trek Copyrighted Works to create works that stay true to Star Trek canon down to excruciating details. Defendants even touted that ‘Axanar feels like Star Trek.’”3)

Read the rest of the article:

http://axamonitor.com/doku.php?id=fair_use_denied

Axanar, Star Trek, Paramount Guidelines

In this post:
Guidlines for making Star Trek fan films
Axanar publishes more trailers
Thanks to the Fernster for the link to the guidelines for Star Trek fanfilms.
CBS and Paramount Pictures are big believers in reasonable fan fiction and fan creativity, and, in particular, want amateur fan filmmakers to showcase their passion for Star Trek.  Therefore, CBS and Paramount Pictures will not object to, or take legal action against, Star Trek fan productions that are non-professional and amateur and meet the following guidelines…
Read the Guidelines here:

Back in May, Abrams made comments that led fans to believe the case had been dropped, but  in fact, litigation continues. The Axamonitor site ran an in-depth analysis of the studios’ latest filing with the court.

In spite of this, Axanar is still blissfully going ahead. The following is an excerpt from the article on Space.com: http://www.space.com/33259-star-trek-axanar-trailer-released-amid-lawsuit.html

Published on Jun 23, 2016

This is the SECOND of THREE exclusive teaser trailers for AXANAR, concentrating on the Klingon side of the conflict. Richard Hatch, in character as the Klingon Warlord “Kharn the Undying,” provides the voice over.

Director Robert Meyer Burnett created this trailer from visual effects and voice-overs produced in December before the lawsuit was filed. He declined to answer legal questions about the production but said he hopes the story can move forward soon.

After the fan-made production raised $600,000 on Kickstarter and was planned to be released in 2016, production was halted after CBS and Paramount Pictures filed suit in California in December 2015. The suit alleges that the production violates several “Star Trek” copyrights, according to The Hollywood Reporter.

Fans are allowed to make their own “Star Trek” fan art and fan fiction, as long as those works follow guidelines set by CBS and Paramount Pictures. The companies recently announced a new list of “Guidelines for Avoiding Objections.” The list includes an introductory paragraph which states: “CBS and Paramount Pictures are big believers in reasonable fan fiction and fan creativity, and, in particular, want amateur fan filmmakers to showcase their passion for Star Trek.”

“We are continuing settlement talks, and the discovery process is well underway,” Erin Ranahan, a Winston & Strawn attorney representing filmmaker Axanar Productions, wrote in an email to Space.com. “We hope that the lawsuit will be resolved before the need to file any further motions with the court.”

 

Axanar: Some guys don’t know when to quit

Even after J.J. Abrams told the world on May 20 that Paramount and CBS would drop their lawsuit against Axanar fan filmmaker Alec Peters, legal maneuvering and controversy has continued — initiated by Axanar.  File 770 has an excellent review of the situation as it stands today.

A round up of fan productions and the stands they are taking: http://axamonitor.com/doku.php?id=guidelines_backlash

I know a number of MonSFFen are fans of New Voyages and might want to know where they stand. James Cawley was invited by Peters, but declined to participate. He’s staying the heck out of it. Smart man.

If you are on FB, check these out.  I had no idea there were so many fan productions, and apparently high standards, too.

https://www.facebook.com/STExcelsior/?fref=nf

https://www.facebook.com/StarbaseStudios/?fref=nf

https://www.facebook.com/Starship-Valiant-151123951763551/?fref=nf

https://www.facebook.com/startrekambush/?fref=nf

 

 

FanFilms & Fanfiction: Paramount vs Axanar, Game of Thrones

Paramount dropped its lawsuit against  Alec Peters, maker of the Axanar fan films. But Ananar is not quite out of the woods yet, and Paramount is creating a fan film guide–something that should have been done years ago, but back then we all knew fan films did not hire professional actors to reprise their original roles, sell merchandise, tabletop games, their own convention, and so forth.

In response to a question asked by a fan at Balticon, George RR Martin agreed the televised series of his Game of Thrones is fan fiction. GRRM is known for his stance against fanfic–he told us at a WC panel I attended, “Don’t tell me about your fanfic because then I would have to sue you”. So, obvious question: How can HBO get away with it?

GRRM’s response:

CBS Sues To Block Axanar Trek Movie

Posted on File 770, Dec 30

Paramount and CBS have filed a copyright infringement suit against Alec Peters and others involved in making Axanar, a fan-produced Star Trek movie project that raised more than $1 million on Kickstarter and Indiegogo.

Paramount has tolerated other elaborate fan productions over the years, such as the crowdfunded fan films Star Trek: Of Gods and Men, which received $150,000 in donations in 2006 and Star Trek: Renegades, which raised $375,000 in 2014. It maybe that Axanar’s budget, or CBS being on the verge of launching its new TV franchise, caused the companies to pull the trigger.

Part of the immediate fan reaction to the lawsuit has been a Support Axanar Petition at Change.org.

Read more: http://file770.com/?p=26824

I read the article in full, and many of the comments, and in fairness, I think CBS and Paramount have a point. From their joint statement: “The producers of Axanar are making a Star Trek picture they describe themselves as a fully-professional independent Star Trek film.” (editor’s emphasis)

In their Kickstarter campaign, the producers of Axanar write: “Every member of the Axanar team is a professional who has proven their skills on other projects and films. ”

The cast includes Richard Hatch, Tony Todd, Kate Vernon, Gary Graham, JG Hertzler–Sorry, guys, but this does not count as a fan production, and IMO, Paramount and CBS has cause for alarm. They do own this property, and have the right to defend it from trespassers.

Check out Prelude to Axanar, it’s stunning.

https://ksr-video.imgix.net/projects/738707/video-422705-h264_high.mp4

That’s not quite the same as a production by MonSFFilms!

What do you think? Click the comment button to have your say.

                                     –CPL