Axanar - Crowdfunded 'Star Trek' Movie Draws Lawsuit from Paramount, CBS

When I referred to "too much quality" I was oversimplifying (in order to make a concise point). I didn't literally mean the only problem was that Axanar was "too good" in the artistic/dramatic sense.

I basically meant it was coming together too much like a "real" movie in general. The production values were professional grade. Everything from the audio/visual and SFX quality, to the costs, to the organization, to the spinoff potential, the distribution . . . the whole operation. Maybe they weren't going to technically charge money to view Axanar, but they were franchise-launching in just about every other way. An IP holder might have overlooked a fan movie with some of these things going for it, but a project with all of them at once is too much.

As Solo said, it's amazing that they expected to get away with it. They were being so blatant that the studio hardly has any choice here. Either they stop Axanar or they risk losing more control over their own IP in the future.
 
When I referred to "too much quality" I was oversimplifying (in order to make a concise point). I didn't literally mean the only problem was that Axanar was "too good" in the artistic/dramatic sense.

I basically meant it was coming together too much like a "real" movie in general. The production values were professional grade. Everything from the audio/visual and SFX quality, to the costs, to the organization, to the spinoff potential, the distribution . . . the whole operation. Maybe they weren't going to technically charge money to view Axanar, but they were franchise-launching in just about every other way. An IP holder might have overlooked a fan movie with some of these things going for it, but a project with all of them at once is too much.

As Solo said, it's amazing that they expected to get away with it. They were being so blatant that the studio hardly has any choice here. Either they stop Axanar or they risk losing more control over their own IP in the future.

I don't think that the production values had much of anything to do with CBS coming down on Axanar, it's almost certainly more of everything else you mentioned; the way they were promoting it, the distribution, and esp. the fact that they were using the project as a springboard for their own studio for producing other, non-Trek, films. That and the way they were essentially slamming CBS implying that they were doing it all wrong and they were doing it the way it should be done, and they were doing what the fans really wanted to see. Basically, thumbing their noses at CBS and pretty much daring them to say or do something about it, which they did. As the old adage goes, "play stupid games, win stupid prizes".
 
I don't think that the production values had much of anything to do with CBS coming down on Axanar, it's almost certainly more of everything else you mentioned; the way they were promoting it, the distribution, and esp. the fact that they were using the project as a springboard for their own studio for producing other, non-Trek, films. That and the way they were essentially slamming CBS implying that they were doing it all wrong and they were doing it the way it should be done, and they were doing what the fans really wanted to see. Basically, thumbing their noses at CBS and pretty much daring them to say or do something about it, which they did. As the old adage goes, "play stupid games, win stupid prizes".
I agree. The attitude plus the intent to use Trek IP to drive a for-profit studio is what did it.

I really don't understand any of the attacks from Axanar, regardless of whom they've been directed at, but especially against other fan films. Completely self-defeating, not to mention giving the lie to the "professionalism" they spent so much time proclaiming. :confused
 
I've been reading their blog posts lately and it leaves me shaking my head. I was just reading about how they said most fan films don't get along. Uhm, there are very few cases of producers of Trek fan productions NOT getting along. We do crossovers with each other, we support each other, we help each other, we talk and many of us have become friends over time because of this. It makes me really question the validity of anything else they post.
 
Maybe if he did more to make friends with the community and other fan productions Paramount would give him some leeway to work something out just because he'd have some support but it sounds like he isn't big on compromise which is a shame. Surprisingly Paramount hasn't shut down the Axanar youtube channel yet.
 
Interesting point. Especially since they don't need a court order to do that. Just a regular DMCA takedown notice through YouTube. Or maybe it's a WWF smackdown notice. One of those. :p
 
Maybe if he did more to make friends with the community and other fan productions Paramount would give him some leeway to work something out just because he'd have some support but it sounds like he isn't big on compromise which is a shame. Surprisingly Paramount hasn't shut down the Axanar youtube channel yet.

That might be due to legal wranglings, actually.

If memory serves, the DMCA gives rights holders the ability to go to an ISP (which would be youtube in this case) and request that they take down the offending material. The ISPs generally have to do that...unless the person fights back in which case it kicks off some process that I no longer really remember. Basically, this stuff ends up working most of the time because the person who put up the alleged infringing material just doesn't fight back or doesn't know how. But in this case, there's every likelihood that the Axanar guys fought back. Once the issue is contested, I think the ISP is relieved of the duty to take down the material until it's decided whether it's actually infringing.

I'm probably misremembering a lot of that, and it's certainly possible the DMCA -- and jurisprudence surrounding it -- has mutated some over the last 13-ish years (which is the last time I really looked at it), but that's my recollection of it.
 
That might be due to legal wranglings, actually.

If memory serves, the DMCA gives rights holders the ability to go to an ISP (which would be youtube in this case) and request that they take down the offending material. The ISPs generally have to do that...unless the person fights back in which case it kicks off some process that I no longer really remember. Basically, this stuff ends up working most of the time because the person who put up the alleged infringing material just doesn't fight back or doesn't know how. But in this case, there's every likelihood that the Axanar guys fought back. Once the issue is contested, I think the ISP is relieved of the duty to take down the material until it's decided whether it's actually infringing.

I'm probably misremembering a lot of that, and it's certainly possible the DMCA -- and jurisprudence surrounding it -- has mutated some over the last 13-ish years (which is the last time I really looked at it), but that's my recollection of it.

Basically correct.:) Once a claim of infringement is made, the ISP disables access to the material. But it must notify the person who originally uploaded it and that person can contest the take-down. Once the take-down is contested, generally speaking, the ISP may restore access to the materials unless it receives notice that the claimaint has filed a lawsuit for copyright infringement. So, in short - notice of claim ---> takedown and counter notice ----- > if the original poster contests, ISP restores access and lets the two parties duke it out.

But we need to remember that this provision of the DMCA is a liability shield for the ISP - that's all it's there for. (Absent this provision, ISPs could be liable for money damages for mechanically making copies of, and distributing, infringing material uploaded to their servers by others.) If the ISP follows the DMCA procedure, it is no longer liable for money damages as an infringer, even after it restores access to the material. If CBS/Paramount isn't looking to sue YouTube and make it liable for infringement by hosting the video (which we have no indication CBS/Paramount intends to do), the DMCA process doesn't come into play.

While copyright owners use the DMCA as a backdoor way to get infringing material taken down ("hey, Youtube, take that down or you might get sued" when the real purpose of the notice is just to get the material taken down so the original uploader doesn't benefit from it), the DMCA procedure is not a separate right or remedy against an infringer - it just happens to work out that way as a byproduct of a law that is intended to limit the liability of the YouTubes of the world. And it doesn't implicate CBS/Paramount's duty under the law to mitigate their own damages (i.e., CBS isn't vulnerable to a defense that they could have limited their damages by ordering YouTube to take the materials down). If CBS/Paramount has no intention of suing YouTube, I could see why they would leave the video up and instead rely on a request for a court order (injunction) (as they did in their initial complaint) to force Axanar, not YouTube, to take down all copies.

M
 
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Well, nice to know my dim recollection of IP law class is still halfway decent!

:thumbsup More than "halfway, decent", Dan.

And I edited my post above to change "preliminary injunction" to just "injunction". It looks like CBS/Paramount didn't even ask for a preliminary injunction in this case (a request that the court force Axanar to C&D even before the trial is underway) and instead is merely asking that an injunction be granted at the end of the matter. So I guess CBS/Paramount isn't too troubled about leaving the stuff available online until all of the chips have fallen where they may.

M

(edited to remove British slang that meant pretty much exactly the opposite of what I recalled it meant)
 
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Axanar is apparently not the only fan film bunch they're going after, it looks like they sent a warning to the guys who made Star Trek-Horizon not to make a sequel. Honestly this is going to hurt Paramount in the eyes of a lot of fans more than it's going to help them as they could make fans stop supporting legit productions altogether. While it's their right to protect their property neither side in any of this is coming out smelling like roses.
 
Axanar is apparently not the only fan film bunch they're going after, it looks like they sent a warning to the guys who made Star Trek-Horizon not to make a sequel. Honestly this is going to hurt Paramount in the eyes of a lot of fans more than it's going to help them as they could make fans stop supporting legit productions altogether. While it's their right to protect their property neither side in any of this is coming out smelling like roses.


Personally, I have so far tolerated the 2 Trek movies because it's better than no Trek at all. The trailer for the new movie looks disgusting. As an aside, the new series planned for 2017 being aired on a paying channel I will probably have no access to geographically hurts me to no end as a HUGE Trek fan. Point is, I have no love lost for either studio where Trek is concerned at the moment.

However, one cannot loose sight of the fact that Star Trek does not belong to anyone but the studios, and, as you so rightly say Wes, they have the right to protect their property.

It is an undeniable fact that, just like in the our world of prop replicas, studios tolerate us / turn a blind eye etc, because we are fans and do it for love.

We understand the very fine line / grey areas we all walk here, and never, ever, EVER would dream of poking the bear, even if its a bear that deserves to be shot in general. We play in the bears' sandbox and appreciate being allowed to do so, within the unwritten rules we ALL know so well.

Here in our very own forum, continuing on the example very close to home, it is also our biggest mortal sin to continue to do something regarding prop replicas if any studio is frowning on you. People have been banned from here for ignoring a C & D to stop making x or y replicas and selling them.

And I agree with this intolerance wholeheartedly, for if the forum were to take sides with the infringer or ignore the studios, the consequences for all would be disastrous.

I view the fan movies / series in much the same light. There are no 'legit' Trek fan movies / series.

Amongst others, I actually liked Prelude to Axanar.

Axanar, however, crossed the delicate line. Several lines actually, with a tank, while waving the middle finger, and using a Klingon pain stick on the bear.

I think that, amongst many, many other things, creating a studio for future non-trek productions from their kickstarter campaign funds, obtained from donations based on the Trek IP that doesn't belong to them, giving themselves salaries, merchandising models, even Trek Coffee (!) , etc etc etc, in my books, qualifies as crossing the line in the fashion described.

Sadly, this is now having consequences for some other Trek fan productions. How can anyone be surprised that this is happening ?

I think CBS & Paramount not only have the right, they have no choice BUT to go after Axanar with guns blazing.

Fans with feet on the ground know well that the studios have no fault in this sorry state of affairs whatsoever.

I think it is also very pertinent to point out that the folks of Star Trek-Horizon were not sued outright, were not 'ordered' to shut down, nor were they sent a C & D. They got what they qualify as a heads up.

Full story is on their FB page, in a Post of 21 April.

https://www.facebook.com/tommykraftfilms/?fref=ts&ref=br_tf

BREAKING NEWS: “STAR TREK - HORIZON" SEQUEL, "FEDERATION RISING", SHUT DOWN.

Earlier today, executives from CBS reached out to me and advised me that their legal team strongly suggested that we do not move forward with plans to create a sequel to Horizon. While this is a sign of the current climate that we find ourselves in with Star Trek fan films, I want to personally thank CBS for reaching out to me, rather than including us in their ongoing lawsuit against Axanar.

It was conveyed that the reason CBS was reaching out to me was due to the legal troubles stemming from the Axanar case. Again, CBS did not have to reach out personally. The message I received felt more like they were giving me a heads up before we got too involved in another project, rather than a group of angry executives swinging a hammer.

On behalf of myself and Ryan Webber, my co-writer and co-producer on Federation Rising, we appreciate your initial support and are saddened that we cannot bring you what we believe was a fantastic feature film. However, rest assured that Ryan and I are committed to continuing our storytelling partnership with an original project. We also welcome other fan productions and fan film lovers to join us on this new venture.

While we initially planned to debut our Kickstarter for Federation Rising this Saturday, we hope that you will instead stand with us as we announce an original sci-fi project that Ryan and I have been co-developing in addition to Federation Rising. We’re incredibly excited to tell you about this completely original story that follows the ideals set forth by Star Trek that Ryan and I have been such huge fans and admirers of our entire lives.

Please stay tuned for this Saturday’s announcement.

- Tommy Kraft, "Star Trek - Horizon" creator




Why this treatment to Horizon compared to Axanar ?

Reread this post for the answer, IMO.

On a personal basis, even though I don't like what the studios are doing to my beloved Trek, I will not fault them in any way whatsoever for doing what they are doing.

Angry fans should look elsewhere to assign blame.
 
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I wonder with Disney now Owning SW if they will follow Suit regarding SW Fan films, and start crushing them. If Paramount owned SW, IMPS The Relentless , or Pink 5 would never have been made, and well, even though it's been since 2013 for an update for Episode 3 of IMPS, I think it's a good assumption that a Squooshing is a coming.
 
Amongst others, I actually liked Prelude to Axanar.

Axanar, however, crossed the delicate line. Several lines actually, with a tank, while waving the middle finger, and using a Klingon pain stick on the bear.

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I loooove your eloquence, Alan!!!! Just Gold!!!
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The thing for me is that, I get it. You love this specific IP. It's a great universe and you want to play in it.

But with this degree of creativity involved, why not just...create your own universe and set your stories there? As long as you make it sufficiently different from Star Trek, you'll be fine. If your story really NEEDS the Trek IP to be worth a rip, though....then maybe, just like all those unnecessary remakes/reboots out there, it wasn't really worth telling in the first place.


The writing is on the wall, at this point. The studio is taking a much harder line on these kinds of projects. So, act accordingly, I say.
 
But with this degree of creativity involved, why not just...create your own universe and set your stories there? As long as you make it sufficiently different from Star Trek, you'll be fine. If your story really NEEDS the Trek IP to be worth a rip, though....then maybe, just like all those unnecessary remakes/reboots out there, it wasn't really worth telling in the first place.

Well some of us do it simply because we WANT to play in that universe. Around 3/4 of our cast and crew had never been involved in making a film or webseries or anything else ever before, they just wanted to do the adult version of playing Star Trek in the basement.
 
Update just FYI - Judge Klausner denied Defendant's Motion to Dismiss in all respects - including Defendants’ argument that the Axanar film can’t be judged infringing as it hasn’t been completed yet (unfortunately, Axanar made some posts on social media - which the judge quoted repeatedly - about a “fully revised and locked script”, which has come back to haunt them as the judge feels that the “locked script” gives him enough to work with at this point.)

IMHO, the most illuminating line of the Denial is the following:

Because Plaintiffs’ allegations of infringement are based upon an entire franchise of works, the Court anticipates that its substantial similarity analysis will primarily be based on Defendants’ utilization of similar character, theme, setting, and mood in the Axanar Works, rather than copying a specific plot line or dialogue sequence.

In other words, the judge has given - IMHO - a clear heads-up on how he will be approaching this case. We’re not going to be arguing over nitty-gritty details of whether the Four Years War was actually shown in TOS, or whether the Axanar emblem is distinguishable from the chevron shield. The inquiry is going to be a much higher-level “does Axanar copy the big-picture copyrightable aspects of the Star Trek universe - setting, ‘look and feel’, mix of races and species, and so on.” The fact that, for example, it contains new characters and story points is going to help much if those new characters are peaceful logical Vulcans, warlike Klingons who speak a unique language or noble captains of starships that fly the flag of the United Federation of Planets and are clearly modeled after those in the Federation fleet. This approach to framing the inquiry is a big win for the plaintiffs.

M

PS - that amicus brief regarding copyrightability of the Klingon language was also thrown out as being irrelevant to the proceedings at this point (neither party has asked the judge to rule on whether the Klingon language is copyrightable, and he’s signaled that whether it is or not isn’t going to be determinative of whether the Defendants infringed the overall copyrights hald by CBS/Paramount.
 
Well some of us do it simply because we WANT to play in that universe. Around 3/4 of our cast and crew had never been involved in making a film or webseries or anything else ever before, they just wanted to do the adult version of playing Star Trek in the basement.

I enjoyed Horizon. And I agree that Paramount was being extremely generous when they told you to get out of their basement. The Axanar folks broke into Paramount's basement, and are now telling the cops why they shouldn't be forced to leave the premises...

If I could get a message to the Axanar folks, this would be it:

Dear Axanar creators:
I can't tell you how much I've enjoyed your "Prelude to Axanar" preview. It is smartly written, well acted, and beautifully filmed. It is, in all respects, better than the latest two movies. (4 movies, actually.) You are to be commended for your skills and artistic vision.

HOWEVER, you seem to have no concept of how things work in the real world. Anyone with the most basic understanding of the law could see no way for you to challenge Paramount and CBS openly and succeed.


Furthermore, not only is your stubbornness going to doom your own project, it is putting several other good fan film productions in jeopardy. Shooting yourself in the foot may not be smart, but it is your prerogative. Shooting the other filmmakers' feet - even if it's unintentional, and even when their works aren't as good as yours - doesn't reflect well on you.

Like the genetic engineers in Jurassic Park, you were too preoccupied with what you could do, and not enough with what you should do.
 
not only is your stubbornness going to doom your own project, it is putting several other good fan film productions in jeopardy. Shooting yourself in the foot may not be smart, but it is your prerogative. Shooting the other filmmakers' feet - even if it's unintentional, and even when their works aren't as good as yours - doesn't reflect well on you.
This sums it up IMHO. They've taken what was a fun, friendly, flattering and mutually-supportive fan-film playground and crapped all over it they thought they knew how it should be done.
 
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