Prelude to Axanar (2014)

opiate82

Bronze Squire
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Whether CBS can win this suit or not is irrelevant, unless Axanar can crowdfund legal support. This is a move to bleed them.
 

Malakriss

Golden Baronet of the Realm
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We all know Axanar was going to be better than Beyond, this is simply a move so they don't have a documented comparison of how retarded the "professional" writers are.
 

Jait

Molten Core Raider
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We all know Axanar was going to be better than Beyond, this is simply a move so they don't have a documented comparison of how retarded the "professional" writers are.
We don't all know that. I'd put my Trek cred up against any fan. And I totally agree with CBS.

Look. We fans only own this in our hearts. If we want to dress up and play grab ass, fine. But when people start forming a cartel and pretend they own intellectual properties because they've done some fancy cosplay is fucking retarded. Boycott CBS/Paramount/Lucille Ball whoever. I'll continue to support the product the same way I support my fucking Philadelphia sports teams even during eras when they suck.


edit:
If someone wants a Solomon solution to this that will piss everyone off: Let CBS produce it.

Creative content is controlled by Axanar, but the money flows through the god damned people who spent 50 years keeping it alive. You can't argue they let people do half-assed productions in the past. So did Star Wars. That doesn't mean I can crowdfund 1m movie that takes place 50 years before Ep1. It's going to be huge. Then I will have 50m to do the next one...and now I'm competing and cannibalizing the original product profits. It's really obvious why this needs to be stopped now.
 

iannis

Musty Nester
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Probably would have been better to contract them though.

The past few star treks have been shit. Get some pro-am that can deliver a trek product that makes the fans happy. You don't have to pay them Abrams money. Everyone wins.

It's not that I'm married to the underdog, it seems this sort of business is shortsighted and bodes nothing good for future trek. Of course they own the name and can do as they please. Maybe there was a better option here.
 

opiate82

Bronze Squire
3,078
5
We don't all know that. I'd put my Trek cred up against any fan. And I totally agree with CBS.

Look. We fans only own this in our hearts. If we want to dress up and play grab ass, fine. But when people start forming a cartel and pretend they own intellectual properties because they've done some fancy cosplay is fucking retarded. Boycott CBS/Paramount/Lucille Ball whoever. I'll continue to support the product the same way I support my fucking Philadelphia sports teams even during eras when they suck.


edit:
If someone wants a Solomon solution to this that will piss everyone off: Let CBS produce it.

Creative content is controlled by Axanar, but the money flows through the god damned people who spent 50 years keeping it alive. You can't argue they let people do half-assed productions in the past. So did Star Wars. That doesn't mean I can crowdfund 1m movie that takes place 50 years before Ep1. It's going to be huge. Then I will have 50m to do the next one...and now I'm competing and cannibalizing the original product profits. It's really obvious why this needs to be stopped now.
Explain fan fiction.
 

Tarrant

<Prior Amod>
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I think the biggest shit move about all of it is Axanar people went to both CBS and Paramount before they started the project and talked to them about it before they even started.
 

slippery

<Bronze Donator>
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I think the biggest shit move about all of it is Axanar people went to both CBS and Paramount before they started the project and talked to them about it before they even started.
Agreed. I seem to remember reading something about how they said it was okay
 

slippery

<Bronze Donator>
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I think the biggest shit move about all of it is Axanar people went to both CBS and Paramount before they started the project and talked to them about it before they even started.
Agreed. I seem to remember reading something about how they said it was okay. I doubt they have any documentation of that, but if they could somehow prove that it's all they would need.
 

Chanur

Shit Posting Professional
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Paramount/CBS may have just lost me as a customer. If the morons running those companies and or the Star Trek franchise would have backed these guys or at the very least bounced off the enormous good will they were generating for a franchise that has not done anything on TV in about a decade they could have launched a new series at a perfect time. This little indie project was no threat to their Star Trek income. If they had a clue they could have used this to launch a new show or project with tons of people high on the franchise.
 

opiate82

Bronze Squire
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Too worthless to litigate.

I don't see how they lose unless Gene Roddenberry or CBS did something dumb like forgetting to renew the copyright.
At what point does something become worthwhile to litigate?

Now I'm not well versed in copyright/intellectual property law but my understanding is unless you make an effort to protect your copyright you lose it?
 

Chanur

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They are making shitty movies with it so they are definitely still using the copy right. They are 100% in the right on this issue its just bullshit that they gave the okay then back tracked. Fuck them for wasting a good franchise with their no talent lowest denominator bullshit.
 

opiate82

Bronze Squire
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They are making shitty movies with it so they are definitely still using the copy right. They are 100% in the right on this issue its just bullshit that they gave the okay then back tracked. Fuck them for wasting a good franchise with their no talent lowest denominator bullshit.
Again, I don't know the in's and out's of copyright law, but my understanding is using it alone is not enough, you need to actively defend it.

*edit: Okay, I guess I'm confusing Trademark and Copyright law, this is what some quick Googling told me:

Copyright is not like trademark. Copyright has a set period of time for which it is valid and, unless you take some kind of action, you do not give up those rights.

To be fair, the level of enforcement or protection you've provided a work can be a factor in how much damages are awarded. For example, if a photo you took has been circulating widely for years with no action and you sue one user of the work, that would mitigate the market value of the work, the damage the infringement could have done and how the court feels about the infringement itself. All of these things can affect the final judgment.

However, unlike trademarks, which do have to be defended, there is nothing the precludes you from enforcing your copyrights at a later date.
 

Palum

what Suineg set it to
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At what point does something become worthwhile to litigate?

Now I'm not well versed in copyright/intellectual property law but my understanding is unless you make an effort to protect your copyright you lose it?
Not quite. You are conflating a few separate issues there. What you might be thinking of is the 'common term' or dilution of a trademark. The best examples are bad effort (band-aid/ kleenex) vs. good effort (Lego).

For copyrights, depending on when they were created you do have to renew to extend. You get more protection if you register them than if you don't and in that regard if you don't register a copyright, you will have to bring them to court to enforce it and you might not be eligible for all the same damages/benefits as a registered copyright.

Worthwhile is up to you - fan fiction for instance makes no money and you probably can't claim damages in most cases. You would likely be losing fans and negatively affecting your IP, so why would you do it? However once derivative works start to outpace the original, it's time to separate. There's absolutely zero mystery why Fifty Shades of Grey started as fan fiction (derivative) and ended as a new storyline - once people liked it and the idea to sell/promote it came up it was necessary.
 

Tarrant

<Prior Amod>
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Alec Peters released his statement.

STATEMENT FROM ALEC PETERS, EXECUTIVE PRODUCER OF AXANAR

December 30, 2015

This morning, I was greeted with news that our production company, Axanar Productions and I, personally, am being sued by CBS Studios, Inc. and Paramount Pictures Corporation for copyright infringement of Star Trek.

First of all, I was disappointed to learn about this through an article in an industry trade. For several years, I've worked with a number of people at CBS on Star Trek-related projects, and I would have hoped those personal relationships would have warranted a phone call in advance of the filing of a legal complaint. Nevertheless, I know I speak for everyone at Axanar Productions when I say it is our hope that this can be worked out in a fair and amicable manner.

Axanar is a fan film. Fan films - whether related to Star Trek, Star Wars, Harry Potter, Lord of the Rings, Power Rangers, Batman or any other franchise - are labors of love that keep fans engaged, entertained, and keep favorite characters alive in the hearts of fans. Like other current fan films, AXANAR entered production based on a very long history and relationship between fandom and studios. We're not doing anything new here.

Like all fan films, AXANAR is a love letter to a beloved franchise. For nearly 50 years, Star Trek's devotees have been creating new Star Trek stories to share with fellow fans. That's all we're trying to do here.
Since the original Star Trek TV series, when the letter writing campaign by fans got NBC to greenlight a third season of Star Trek, fan support has been critical to the success of the 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.

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. 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.

Like everything related to Axanar Productions, we take this matter very seriously and remain open to discussing solutions with all parties that can be mutually beneficial.
Alec Peters
 

Arbitrary

Tranny Chaser
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Right. Such IPs are meant to make money in perpetuity for entities that had no hand in their creation.
Well, given when Star Trek was created the copyright will hold until 2063 provided that the law isn't changed again at some point to prevent works from 1978 and before from entering into the public domain after 95 years from date of publication.

Which it probably will be because fuck you if you think Micky Mouse isevergoing to enter the public domain.
 

Qhue

Trump's Staff
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It is a bit odd that public domain effectively ends at 1900. Late 19th century stuff is all fair game and has been Co-opted to death...
 

Chanur

Shit Posting Professional
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It's not odd just money buying policy. It's the American way apparently.
 

Arbitrary

Tranny Chaser
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Warning - this is a Salon article written by Courtney Love and I have not vetted it. It's just something I read years ago and is related to the discussion a little. It's about the Digital Millennium Copyright Act and how it was changed at the last second to fuck over musicians. From 2000 -

Courtney Love does the math - Salon.com

Recording Industry Association of America (RIAA)

Last November, a Congressional aide named Mitch Glazier, with the support of the RIAA, added a ?technical amendment? to a bill that defined recorded music as ?works for hire? under the 1978 Copyright Act.

He did this after all the hearings on the bill were over. By the time artists found out about the change, it was too late. The bill was on its way to the White House for the president?s signature.

That subtle change in copyright law will add billions of dollars to record company bank accounts over the next few years ? billions of dollars that rightfully should have been paid to artists. A ?work for hire? is now owned in perpetuity by the record company.

Under the 1978 Copyright Act, artists could reclaim the copyrights on their work after 35 years. If you wrote and recorded ?Everybody Hurts,? you at least got it back to as a family legacy after 35 years. But now, because of this corrupt little pisher, ?Everybody Hurts? never gets returned to your family, and can now be sold to the highest bidder.

Over the years record companies have tried to put ?work for hire? provisions in their contracts, and Mr. Glazier claims that the ?work for hire? only ?codified? a standard industry practice. But copyright laws didn?t identify sound recordings as being eligible to be called ?works for hire,? so those contracts didn?t mean anything. Until now.

Writing and recording ?Hey Jude? is now the same thing as writing an English textbook, writing standardized tests, translating a novel from one language to another or making a map. These are the types of things addressed in the ?work for hire? act. And writing a standardized test is a work for hire. Not making a record.

So an assistant substantially altered a major law when he only had the authority to make spelling corrections. That?s not what I learned about how government works in my high school civics class.

Three months later, the RIAA hired Mr. Glazier to become its top lobbyist at a salary that was obviously much greater than the one he had as the spelling corrector guy.