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

Ruling on motions for summary judgment today. In short, the judge has ruled that Axanar cannot claim fair use as a defense. Case goes to trial for jury to determine substantial similarity with Star Trek; if that is found (duh) there there is just a matter of determining willfulness and appropriate damages. Order here.

M
 
Dessa said:
In other words, Peters lost, and now it's just a matter of by how much?
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Not exactly.

Peters hasn't officially "lost" until a jury says that there is a substantial similarity between Axanar and Star Trek. Which everyone knows is a slam dunk. Plus, because it's not trademark, there's no question of "Nobody would think Paramount was making this or authorized it." It really does just turn on "Does this thing look substantially like that thing over there."

Willfulness, though, is a big deal because if it's proven that he willfully infringed (he did), then he faces up to 3x the actual damages that Paramount is claiming, plus statutory penalties, I believe. THAT will be what screws him.

In other words, it is at this point that we will really see just how delusional Alec Peters actually is. He has no legal arguments left to make. All he can attempt to do is argue factual arguments to a jury. That is an extremely risky proposition, and any sane person would settle at this point. Although, if I'm Paramount, I might just go to court and hope to establish some precedent while mounting Peters' head on a spike (so to speak). Really make it clear that this kind of blatant infringement will NOT go unpunished and is NOT legally defensible. Of course, the judge will lean hard on Paramount, I'd expect, to get them to settle if Peters offers, but I don't know that they're obligated to do so at that point.
 
Solo4114 said:
Not exactly.

Peters hasn't officially "lost" until a jury says that there is a substantial similarity between Axanar and Star Trek. Which everyone knows is a slam dunk. Plus, because it's not trademark, there's no question of "Nobody would think Paramount was making this or authorized it." It really does just turn on "Does this thing look substantially like that thing over there."
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Yup. And (without having read the order or opinion) I think he's being very generous to Axanar by granting trial on substantial similarity. I'm sure I don't have all the facts, but it just amazes me that the judge didn't rule on the obvious. IMO, there's enough evidence in the public domain alone to condemn Axanar on that issue.

Willfulness, though, is a big deal because if it's proven that he willfully infringed (he did), then he faces up to 3x the actual damages that Paramount is claiming, plus statutory penalties, I believe. THAT will be what screws him.
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In more ways than one. Under US bankruptcy law, damages for willful torts (including IP theft) are not dischargeable in bankruptcy. That means Peters will not have the option to make the judgment go away by filing bankruptcy. He can try, but CBS/PAR will file an adversary proceeding in the bankruptcy court and the judge will tell Peters he's stuck with the tab. He can slow things down, but in the end, he's going to be financially ruined. It's only a matter of time.

In other words, it is at this point that we will really see just how delusional Alec Peters actually is. He has no legal arguments left to make. All he can attempt to do is argue factual arguments to a jury. That is an extremely risky proposition, and any sane person would settle at this point. Although, if I'm Paramount, I might just go to court and hope to establish some precedent while mounting Peters' head on a spike (so to speak). Really make it clear that this kind of blatant infringement will NOT go unpunished and is NOT legally defensible. Of course, the judge will lean hard on Paramount, I'd expect, to get them to settle if Peters offers, but I don't know that they're obligated to do so at that point.
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A judge can't force them to settle, AFAIK. In close cases, as I'm sure you've seen too, judges will lean on the parties to settle, and even keep sending them back to the table if she thinks the case isn't trial worthy. They can do that by postponing trial or refusing to set a date for trial, but I think ultimately they're entitled to their day in court.

Here, my money's on letting the trial go on. This kind of case is relatively new, because never before has there actually been a viable way to compete with major studios with a quality infringing product, and with such a high-profile. The advent of Axanar has the potential to affect other rights-holders in the entertainment industry, which I think is an excellent argument for plaintiffs to insist on the opportunity to go full-on Ramsay Bolton on his ass. :p
 
Yup.

And the thing that just blows me away about all of this is that Peters has been so hell-bent on fighting this thing the whole way through. As if he ever had a snowball's chance in hell of winning.

Pretty much anyone who knows IP law who looked at this should've said "That's a loser of a case. You should settle." But Peters just charged ahead like a lunatic. It's really amazing to me.
 
mkstewartesq said:
Ruling on motions for summary judgment today. In short, the judge has ruled that Axanar cannot claim fair use as a defense. Case goes to trial for jury to determine substantial similarity with Star Trek; if that is found (duh) there there is just a matter of determining willfulness and appropriate damages. Order here.
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These bits amuse me:

Axanar Productions’ president is Peters, a long-time Star Trek fan. Like many other Star Trek fans, Peters wants to make his own Star Trek production. However, going where no man has gone before in producing Star Trek fan films, Defendants sought to make “a professional production” “with a fully professional crew, many of whom have worked on Star Trek itself” and raised over a million dollars on crowdsourcing websites Kickstarter and Indiegogo to fund their projects.
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After reviewing evidence before the Court, including the Axanar Works, the Court is satisfied that Defendants have achieved their goal of creating authentic Star Trek films and script.
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(Left unsaid: "Congratulations.")
 
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Bryancd said:
Uh.....

http://www.hollywoodreporter.com/th...-star-trek-fan-film-dispute-jury-trial-960703
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OMG, I was just about to post that. HR is one of the few places you can still find good legal coverage, and this is their usual good job.

I'd forgotten about the subjective/objective factors. That gives him a place to hang his hat (there has to be one), though finding subjective substantial similarity is still well within his discretion. Maybe he wants to kill any chance of appeal on whether a trial should have been denied (though there's sure to be one on the rest of it anyway). Some judges just like to give bad actors all the rope they need.

EDIT -- for the non-lawyers, I just want to be clear that by "bad actors," I mean people who do bad things. I was not passing judgment on Peters' artistic abilities (though Tony Todd apparently did, if you believe the rumors). :)

EDIT AGAIN -- OMG OMG OMG!!! Reading the opinion now, and it's peppered liberally with TOS references. Hilarious! :D

AND YET AGAIN -- And precedent requires him to leave the subjective intrinsic determination to the jury, so there's the why.
 
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I have to admit i'm amazed this thing is going to a jury trial of all things. They're stubborn about fighting the lawsuit if nothing else.
 
If I was paramount I wouldnt be suing him as they do but hop into it and make a deal to get part of the profits the movie might make and make sure I had the rights to it. So basicly instead of fighting the makers work witht them. Woyld benefit both parties more than this stupid lawsuit
 
jarroth said:
If I was paramount I wouldnt be suing him as they do but hop into it and make a deal to get part of the profits the movie might make and make sure I had the rights to it. So basicly instead of fighting the makers work witht them. Woyld benefit both parties more than this stupid lawsuit
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They may have thought of that at some point but he sounds so hard to deal with maybe they figured this would just be easier in the long run.
 
Yup.

And the thing that just blows me away about all of this is that Peters has been so hell-bent on fighting this thing the whole way through. As if he ever had a snowball's chance in hell of winning.

Pretty much anyone who knows IP law who looked at this should've said "That's a loser of a case. You should settle." But Peters just charged ahead like a lunatic. It's really amazing to me.
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Has AP done anything really insane since it became clear (to him) that he was personally on the hook for financial damages?

We've been speculating that he may not have believed he had any skin in the game until recently. The path into his present situation was already pretty well set by then.
 
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Wes R said:
I have to admit i'm amazed this thing is going to a jury trial of all things. They're stubborn about fighting the lawsuit if nothing else.
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From Paramount/CBS' perspective, it makes perfect sense. Of course they'd want to burn this guy to the ground. They want a head on a pike to send a clear message to anyone else who might try the same thing.

jarroth said:
If I was paramount I wouldnt be suing him as they do but hop into it and make a deal to get part of the profits the movie might make and make sure I had the rights to it. So basicly instead of fighting the makers work witht them. Woyld benefit both parties more than this stupid lawsuit
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From a fan's perspective, sure I get what you're saying. But from a legal and business perspective, that's totally nuts. What would stop other people from doing the exact same thing and "forcing" Paramount to deal with them? It would just send a message of "Hey, go off and make your own stuff that infringes on our copyrights. We don't mind! If we like it, maybe we'll even hire you!" I know this works in other walks of life (e.g. designers of video game mods being hired by the development houses that made the game), but that's not how Hollywood works. Your fan film does not get you a sit-down with the big high muckety-mucks who write the checks. Your fan film is, at best, "tolerated," and at worst, torpedoed. Photon torpedoed, in this case.

Apollo said:
:lol I thought this was ALL going to go away JJ and Justin?! :lol
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Yup. Lesson: the creative side NEVER speaks for the legal side, unless the creative side is in control of the legal side. In this case, it strikes me that JJ and Justin were speaking more as if they were "in the know" and...they weren't.
 
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