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Gord Green Galactic Ambassador
Joined: 06 Oct 2014 Posts: 2987 Location: Buffalo, NY
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Posted: Tue Nov 22, 2016 12:23 pm Post subject: Axanar a mockumentary |
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From ARSTECHNICA,
BY Megan Geuss
Axanar calls Prelude to Axanar a mockumentary, offers to change film script.
In a motion filed last week, CBS and Paramount asked a judge to rule that (PDF) fan-funded Axanar Productions infringed Star Trek copyright. A day later, the small production company filed its own motion claiming that its only existing 20-minute film, called Prelude to Axanar, was shot in a mockumentary style, unlike a true Star Trek TV show or movie, and that Axanar Production's output was always intended to be non-commercial.
The company also contended that CBS and Paramount don't own the idea of Star Trek or the Star Trek universe as a whole."
CBS and Paramount allege that Axanar's work copies from the plots, themes, settings, mood, dialogue, characters, and pace, of Star Trek works and that, by raising nearly $1.5 million on Kickstarter, the production studio didn't operate non-commercially.
While those arguments aren't new from the studios, the recent motion cites several statements by Axanar's own top players that controvert the idea that they were mere fans producing fan art. The plaintiffs -- attorneys write that Axanar representatives wanted to make a professional-looking film and that Executive Producer Alec Peters attempted to meet with Netflix to become a producer of Star Trek productions and even attempted to trademark (for use in commerce) the word Axanar.
The motion also includes testimony from Christian Gossett, director of Prelude to Axanar, who told Axanar's attorneys that the movie he made infringes on Star Trek copyright. motion includes the following snippet of that testimony:
Q. Do you think Prelude to Axanar is infringes upon the Star Trek intellectual property?
A. Yes.
Q. And in what way?
A. In that it is an unlicensed filmed entertainment that uses countless elements of the Star Trek fictional world without yeah, unlicensed.
The plaintiffs sought to deflate Axanar's arguments that it had created a separate, untold story within the Star Trek universe. They allege that the idea for the feature film's premise was first recorded in a (licensed) 1980s RPG called Star Trek: The Role Playing Game that came with a supplemental section called The Four Year's War. That fictional conflagration is set against the backdrop of the arms race between the Klingons and the Federation to create new and more capable starships
Lawyers for CBS and Paramount wrote:
It is beyond dispute that Defendants works were not created for purposes of criticism, comment, news reporting, or teaching. Similarly, the Axanar Works do not constitute either parody or satire, and (prior to this lawsuit) Defendants never claimed they were. Indeed, Defendants expressly set out to create an authentic and independent Star Trek film that stayed true to Star Trek canon down to excruciating details.
The mockumentary defense.
As for Axanar Productions, the company is now calling Prelude a free mockumentary. Axanar contests that it shouldn't be liable for any perceived infringement with respect to the planned full-length film because that film hasn't even been made--except for a three-minute scene called --The Vulcan Scene---and the script could change at any time.
The most recent script for the full-length film has more than 50 original characters out of 57 total, the defendants said, adding that the project had changed the script to accommodate CBS and Paramount. In fact, through the many scripts, Defendants have attempted to create drafts to alleviate Plaintiffs concerns regarding alleged infringement, and [Defendants] are now leaning towards more mockumentary style works.
In tune, CBS and Paramount published a list of 10 rules for fan film creators to avoid copyright infringement suits like Axanar's. Among other things, that list mandates that no fan film be longer than 15 minutes, and no fan film can exceed two episodes in length.
Furthermore, "Plaintiffs own a limited number of Star Trek episodes and films, but they do not own a copyright to the idea of Star Trek, or the Star Trek universe as a whole," the defendants wrote.
While Plaintiffs do have copyright registrations to central Star Trek characters such as Spock and Captain Kirk, Defendants Works do not include those or any other characters to which Plaintiffs own separate copyrights, Axanar's motion says, adding that the 20-minute Prelude video was inspired by M*A*S*H, Band of Brothers, Babylon 5, The Pacific, and The Civil War as much as it was inspired by Star Trek.
Finally, Axanar Productions argues that films like Prelude and the feature film it was going to make don't harm CBS and Paramount, but help it financially. Axanar said:
"Star Trek fans have produced and disseminated fan fiction for over 50 years, without complaint, and rather with encouragement from Plaintiffs. Plaintiffs have benefitted from the unpaid and often unacknowledged labor of fans, who have helped to maintain engagement in Plaintiffs Works during leaner years in Plaintiffs cycle of production."
The production studio cited comments made by Star Trek film directors J.J. Abrams and Justin Lin that they were outraged by CBS and Paramount's suit.
We started talking about it and realized this was not an appropriate way to deal with the fans, Abrams had said at the time.
In a separate statement, Axanar PR director Mike Bawden said the production studio will set up an Independent Financial Review Committee to make sure fans funds are being well used. Bawden wrote:
As to where things will go after the lawsuit, we think it would be unhelpful to speculate on too much.
But Axanar Productions remains committed to addressing the copyright concerns of CBS Studios and Paramount Pictures Corporation in a way that allows us to tell the story of AXANAR our fans and donors have supported. Once this lawsuit is resolved, Axanar Productions team will meet and discuss what kinds of modifications need to be made so we can move forward with production.
http://arstechnica.com/tech-policy/2016/11/star-trek-fan-film-says-cbs-and-paramount-dont-own-the-idea-of-star-trek/ |
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johnnybear Mission Specialist
Joined: 15 Jun 2016 Posts: 441
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Posted: Wed Jun 20, 2018 6:42 am Post subject: |
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I saw a bit of this on YT a few months back and wondered why they always use the Klingons in any conflict scenario! The Klingons had never been to war with the United Federation of Planets up until that point, and Errand of Mercy was the first episode to address this and introduce them as the show's main baddie!
Richard Hatch makes his sole contribution to the Trek universe in this but it will sadly never be finished and he has since sadly passed away!
JB |
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Bud Brewster Galactic Fleet Admiral (site admin)
Joined: 14 Dec 2013 Posts: 17631 Location: North Carolina
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Posted: Mon Jan 29, 2024 7:47 pm Post subject: |
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______________________________________________
Whatever happened to this ambitious project? _________________ ____________
Is there no man on Earth who has the wisdom and innocence of a child?
~ The Space Children (1958) |
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mach7 Quantum Engineer
Joined: 23 Apr 2015 Posts: 362
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Posted: Wed Feb 07, 2024 7:46 pm Post subject: |
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Axanar crossed the line. They were trying to profit from Star Trek, owned by Paramount and CBS.
They were shut down, and unfortunately the rest of the fan films were also.
Now fan films can only be a max of 2, 15 minute episodes and can not make any profit.
Sadly Star Trek New Voyages and Star Trek Continues (along with all other fan films) were effectively shut down too.
The New Voyages sets in Ticonderoga became licensed set tour, well worth the a visit!
My 2 visits are here:
https://www.allsci-fi.com/viewtopic.php?t=7796
Last edited by mach7 on Thu Feb 08, 2024 10:39 pm; edited 1 time in total |
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Bud Brewster Galactic Fleet Admiral (site admin)
Joined: 14 Dec 2013 Posts: 17631 Location: North Carolina
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Posted: Thu Feb 08, 2024 8:44 pm Post subject: |
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______________________________________________
I hate the fact Paramount can't stand it when somebody else does a better job than they do at presenting Star Trek stories.
You'd think the studio bozos would want to hire the fan-based talent to contribute their skills to the official productions.
But then, what do I know, eh? _________________ ____________
Is there no man on Earth who has the wisdom and innocence of a child?
~ The Space Children (1958) |
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mach7 Quantum Engineer
Joined: 23 Apr 2015 Posts: 362
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Posted: Thu Feb 08, 2024 10:37 pm Post subject: |
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While I don't disagree with you, Axanar crossed a line.
They were profiting from Paramount/CBS's property.
They crowd sourced over $1 million to build a studio.
They were selling unlicensed Star Trek badged products on their web site.
New Voyages, Starship Exeter, and Star Trek Continues were producing quality episodes, all while honoring Paramount/CBS's intellectual property and being very careful to NOT earn a profit.
Two great things that came from the lawsuit were Discovery and Strange New Worlds (and soon Section 31).
Paramount/CBS decided to go back to the TOS era...Sort of. |
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Maurice Starship Navigator
Joined: 14 Dec 2013 Posts: 525 Location: 3rd Rock
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Posted: Sun Jun 16, 2024 1:06 pm Post subject: |
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Having been somewhat peripherally involved in the fanfilm scene due to helping finish a Starship Exeter episode and writing about filmmaking for fan filmmakers, I know the situation pretty well.
CBS/Paramount didn't care much about fans making these things, basically staying hands-off until a few groups started to push things too far and too much money was coming into play. Amongst them were a couple of fan groups raising a lot of money and misrepresenting that they were making "pilots" that they'd shop at CBS. Some sold merch. The fact that a couple of times news items accidentally used images from fanfilms instead of official Trek material surely raised the question of brand confusion. Axanar's raising over a million dollars, crowing they were making an "independent" Star Trek production, and then planning a "studio" and other nonsense crossed the line from fanfilm to business and hence both the lawsuit and guidelines (which Axanar's Alec Peters repeatedly asked for).
All CBS/Paramount stopped was a fanfilm arms race where some high-profile groups were trying to make giant, expensive episodes, paying pro people who'd worked for the franchise, and otherwise monetizing things they didn't own. No draconian measures were taken against Trek fanfilms broadly, not even when they don't 100% hew to the guidelines.
Last edited by Maurice on Sat Jul 06, 2024 2:16 am; edited 3 times in total |
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Bud Brewster Galactic Fleet Admiral (site admin)
Joined: 14 Dec 2013 Posts: 17631 Location: North Carolina
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Posted: Sun Jun 16, 2024 3:42 pm Post subject: |
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______________________________________________
I stand corrected, Maurice. I spoke out of ignorance, and I'm glad you clarified the situation for me. _________________ ____________
Is there no man on Earth who has the wisdom and innocence of a child?
~ The Space Children (1958) |
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