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GustavoLeao

Axanar Countersues Paramount, CBS In Copyright Case

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kenman   

Your version does seem to be more practical and less self serving than the Peters version.

I would mostly just clarify that all donations, whether through crowdfunding or elsewhere, just must be used entirely for the production, and may not be used to employ salaried workers.  You can't be trying to make creating Star Trek your full time job...unless you get a gig working for Paramount on the movies or at CBS on the new show. 

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http://www.treknews.net/2016/05/28/axanar-lawsuit-update-proposed-fan-film-guidelines/

Alec Peters apparently offered up these proposed guidelines that he wants CBS to accept and impose, which to me seems both silly (I'm the screw up and yet I'm gonna tell YOU how to do it?)  and seems to try and ensure that only his film will be of the close to Hollywood level quality (no crowdfunding allowed at all, no longer than 50 minutes in length).  This seems VERY self serving and trying to make sure he is the only one who comes close to the sun. 

Something about Axanar comes off as if this was all his plan to begin with.  Does he have stock in the law firm they advertise with each blog update on the lawsuit?  It seems as if half of the rules he is proposing and believes are the right way to go are ones HE HIMSELF broke in order to make Axanar.  I just don't get this jerk.  He practically ruined the whole fan film community with this thing, and now he believes he has the right rules to fix it all. 

I think CBS and Paramount would do good to ignore this guy when it comes to what the guidelines should be.  It all seems very self serving. 

I have edited this down into something lawfully reasonable. The guidelines they made are self serving and do not reflect the studio system, near as it appears online.

This is just my two cents. I am not a copyright lawyer.

But as a fan film guy, I do not like some of those rules.

The key point is that fan films should exist, but not profit from, the existing brand. You can have a Star Trek related fan film, just so producing it is considered a gift, and isn't going to sell merch or DVDs.

Proposed Star Trek Fan Film Guidelines

  1. There must be the following disclaimer at the end of each episode and in all promotional and marketing materials, on all fan production websites:

    Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by CBS, Paramount Pictures, and is a non-commercial fan made film.

  2. Fan productions may not sell any item with a Star Trek trademark.
  3. Fan Productions may use Kickstarter, Indiegogo, or other crowdfunding platform to raise money as long as it is for a gift only and not for profit.
  4. Fan productions may take donations but not salaries to actors or production.
  5. Fan Productions may not pay professional cast and crew for their time working on the production.
  6. If a production uses a SAG member, it must be unpaid as a gift.
  7. Finished fan films may be any length but it is encouraged to be brief, episodic, and possibly 45 minutes long. A 909 minute long fan film is also fine. A three hour one is too long.
  8. Fan film makers cannot use for any profit CBS or Paramount merch unless it is for non profit, non commercial, unpaid promotion of the film.

I don't think the unpaid salary thing would go over too well.

These people NEED to be compensated for their time.  STC, for example, is based in Atlanta; that's a long way from Hollywood.   Someone needs to pay these people for their time and expenses.    Just as the Home Depot store which sells these productions their lumber and construction materials needs to be paid for said materials. 

And paying an actor to appear at a charity function or a non-profit event is not unheard of; in fact, it's common practice.   Any money raised from fans is supposed to go straight into production; some of that might include compensating a professional actor for his/her time.  Probably little more than they'd make for an autographing session at a convention, I'd imagine.

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Well they were only suggestions. If the person gets paid, make sure it is not official. Maybe they get compensated in doughnuts or pizza or something.

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Nice to know that CBS and Paramount did take some of our rules to heart, but them completely got them backward, so it's not so nice in the end.

No salaried compensation, but not using money, that would be very Star Trek.

Those new official rules do seem eerily familiar.

Edited by Chimera82405

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kc1966   

Just rewatched Axenar and have watched the first STContinues.  My question now is this - what is the status of these projects?  I understand Continues plans to wrap it up sometime in the near future (hate it because to me they seem to get Trek) but will Axenar be able to do its film to follow up prelude?

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kenman   

Just rewatched Axenar and have watched the first STContinues.  My question now is this - what is the status of these projects?  I understand Continues plans to wrap it up sometime in the near future (hate it because to me they seem to get Trek) but will Axenar be able to do its film to follow up prelude?

That's up in the air right now...we've been going on about it in the thread about the new Guidelines.  There is no honest answer at this point, but it seems like Axanar is very likely to not go forward right now (could change).  The guidelines seem to be very much about how Fan films go forward, and existing shows and fan film projects will remain online with no action taken...but the possibility of anything that has been made but not yet uploaded (or is recently funded and may no londer meet the criteria) seems like CBS plans to take on these things on a case by case basis...and will determine whether or not they will allow things to go on. 

I think. It is all new and some of the rules seemed stricter and ridiculous when I first read them, but some clarity was brought up on what certain rules mean (in a recent interview with one of the CBS people that helped make up the rules) and my interpretation shifted a bit. 

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kc1966   

Just rewatched Axenar and have watched the first STContinues.  My question now is this - what is the status of these projects?  I understand Continues plans to wrap it up sometime in the near future (hate it because to me they seem to get Trek) but will Axenar be able to do its film to follow up prelude?

That's up in the air right now...we've been going on about it in the thread about the new Guidelines.  There is no honest answer at this point, but it seems like Axanar is very likely to not go forward right now (could change).  The guidelines seem to be very much about how Fan films go forward, and existing shows and fan film projects will remain online with no action taken...but the possibility of anything that has been made but not yet uploaded (or is recently funded and may no londer meet the criteria) seems like CBS plans to take on these things on a case by case basis...and will determine whether or not they will allow things to go on. 

I think. It is all new and some of the rules seemed stricter and ridiculous when I first read them, but some clarity was brought up on what certain rules mean (in a recent interview with one of the CBS people that helped make up the rules) and my interpretation shifted a bit. 

Thanks.

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Hammer   

So, Axanar is suing for the release of documents which would support their position that they reasonably expected that the movie would be OK with the studio and are seizing on statements from Lin and JJ Abrams, who opposed the studio's lawsuit. When they are done with the legal wrangling, would there even be enough left in the bank to make Axanar even if they were allowed?

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'Star Trek' "Axanar" Lawsuit Heats Up As Fan Co. Seeks Paramount's J.J. Abrams, Justin Lin Communications
 
From Hollywood Reporter :
 

^
Maybe the Axanar team can take a page from Renegades' playbook and call their movie, "Solar Quest: Alzanar." 
:giggle:

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kenman   
'Star Trek' "Axanar" Lawsuit Heats Up As Fan Co. Seeks Paramount's J.J. Abrams, Justin Lin Communications
 
From Hollywood Reporter :
 

^
Maybe the Axanar team can take a page from Renegades' playbook and call their movie, "Solar Quest: Alzanar." 
:giggle:

They only seem to be taking a page out of Gone with the Wind, maybe they just like fighting for lost causes.

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Star Trek is the intellectual property of Paramount and CBS not any fan, fan production, or fan made film. Trekkie however is the fan produced icon of what means a Star Trek fan, and therefore a Trekkie may be a name fans can use.

The only thing these Axanar people have to stand on is they are allegedly Star Trek fans, and that does not entitle them to use the name Star Trek and get paid for it.

Phase 2, Renegades, Continues and others have changed but made a deal so long as they are non profit.

An agreement in writing may not be essential for a fan made film, so long as the guidelines are met.

I don't see their continuing this fruitless lawsuit and settlement track leading anywhere good. Axanar should just stop and broker a nonprofit deal or something. They are apparently too ego minded to realize they can make it a non profit, except they would have to give back the money to any investors. They would not do this.

These counter claims are going to do more costly damage than good.

Edited by Chimera82405

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An agreement has been reached. What that is, we don't know yet; http://www.hollywoodreporter.com/thr-esq/cbs-paramount-settle-lawsuit-star-trek-fan-film-966433

I'm still at a loss to explain what Axanar has done wrong in terms of what they use of Trek that others like Continues can but Axanar couldn't. I do understand the whole gaining profit thing (which I think is the main crux of the issue to begin with). 

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kenman   

An agreement has been reached. What that is, we don't know yet; http://www.hollywoodreporter.com/thr-esq/cbs-paramount-settle-lawsuit-star-trek-fan-film-966433

I'm still at a loss to explain what Axanar has done wrong in terms of what they use of Trek that others like Continues can but Axanar couldn't. I do understand the whole gaining profit thing (which I think is the main crux of the issue to begin with). 

The gaining profit thing is the only real issue when it comes down to it. You could play in their sandbox as long as you made no profit. Make any kind of profit? You are now in violation of copyright laws. 

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Corylea   

The gaining profit thing is the only real issue when it comes down to it. You could play in their sandbox as long as you made no profit. Make any kind of profit? You are now in violation of copyright laws. 

I think it really IS that simple.  I'm astonished at Peters' hubris, to think this rule didn't apply to him.

 

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More info at TrekMovie.com

Axanar, Studios Settle Star Trek Copyright Infringement Lawsuit
 
With the copyright infringement trial just 11 days away, Star Trek fan film Axanar producer Alec Peters settled with plaintiffs CBS and Paramount Pictures. The terms of the settlement, announced today, require that Peters admit “overreaching” and allow for a scaled-back production of Axanar as two 15-minute films that conform to all of the studios’ fan film guidelines announced last June. What that willmean to RENEGADES and STAR TREK CONTINUES ?
 

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More info at TrekMovie.com

Axanar, Studios Settle Star Trek Copyright Infringement Lawsuit
 
With the copyright infringement trial just 11 days away, Star Trek fan film Axanar producer Alec Peters settled with plaintiffs CBS and Paramount Pictures. The terms of the settlement, announced today, require that Peters admit “overreaching” and allow for a scaled-back production of Axanar as two 15-minute films that conform to all of the studios’ fan film guidelines announced last June. What that willmean to RENEGADES and STAR TREK CONTINUES ?
 

Two 15 minute films?  The original 'prelude' was 20 minutes.   

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