Author Topic: ‘Star Trek’ Crowdfunded Film’s Producers Sued by CBS, Paramount (Read 2538 times)

Star One · « **on:** 01/03/2016 09:05 pm »

I suspect the size of the project probably swung them into defending their copyright.

I imagine this might well end up defining the relationship of fan films to their parents longer term and it wouldn't surprise me if this didn't end up at the Supreme Court. CBS/Paramount may well win but at the cost of what little fan good will they have left.

Quote

Paramount Pictures and CBS Studios have sued the makers of the upcoming crowdfunded “Star Trek” film “Axanar” for alleged copyright infringement.

Axanar Productions and Alec Peters have been named in the suit, filed in federal court in Los Angeles. The project raised $638,471 on Kickstarter and another $565,531 on Indiegogo.

The producers have asserted on their web site that “Axanar” uses the intellectual property of CBS under the provision that “Axanar” is totally non-commercial.

http://variety.com/2015/film/news/star-trek-crowdfunded-movie-axanar-sued-1201669522/

KelvinZero · « **Reply #1 on:** 01/03/2016 11:31 pm »

Saying it is not a money making venture is not much a defence in the film industry. Blockbuster films that make no profit and thus pay no tax are a huge in joke. Doesn't mean you are not paying out huge salaries.

https://en.wikipedia.org/wiki/Hollywood_accounting

But yeah it would be foolish to just hand this over to the lawyers. There are a lot of better things you can do than sue your fans.

RonM · « **Reply #2 on:** 01/04/2016 12:10 am »

Axanar Productions must have crossed some sort of line.

Star Trek Continues and Star Trek: New Voyages haven't been sued. Both of those groups say that donations go to production costs and no one takes a salary. High production value fan films, but still fan films.

If Axanar Productions pays salaries or uses donations for other projects, then it's no longer a fan film.

I doubt this would reach the Supreme Court due to legal expenses. If it did, then we could get a ruling that would clear up some of the vagueness in copyright law.

Darkseraph · « **Reply #3 on:** 01/04/2016 12:30 am »

It is unsurprisingly because CBS/Paramount are now planning to release their own trek series streamed online. The producers of this fan film will almost certainly lose due to simply being outspent in the courts by Paramount/CBS.

pippin · « **Reply #4 on:** 01/04/2016 03:51 am »

I don't think you will see any higher court rulings here.
I think the copyright situation is pretty clear. Fan films that get through don't do so because of no copyright infringement but because studios tolerate them.
OTOH you have little chance as a studio as soon as this somehow smells commercial because otherwise they are at risk of losing their claim if they don't defend it so this isn't always due to malice...

A_M_Swallow · « **Reply #5 on:** 01/04/2016 05:39 am »

Possible the best thing Paramount could do with this film is take it over, make it themselves and give it a full release.

KelvinZero · « **Reply #6 on:** 01/04/2016 10:34 am »

I was just thinking how funny it is suing someone for reproducing the most generic sci-fi ever invented. I mean, you could change the ships a bit, make tiny changes to the wrinkly foreheads that distinguish aliens from humans.. and yet that wouldn't satisfy the fans either.

I often diss startrek, but on the other hand I did like the utopian view. Imagine trying to sue someone if instead of recreating the precise ficticious physics and absurdly humanoid aliens, they just stole that.

At the same time, 'hard' sf on film has become so boringly dystopian, or just a metaphor for isolation or some crap. I would really like to see a good utopian hard SF. Maybe the Mars trilogy? I can easily see small 'creative' tweeks turning that into very generic fair.

Ronpur50 · « **Reply #7 on:** 01/04/2016 02:41 pm »

I think it is a bad move on CBS and Paramount's part. Star Trek fans have donated because they want to see this story. You really should not alienate your fans. Other fan productions use more copyrighted material than this production. Characters and even cast members portraying themselves. This only uses one character, Captain Garth, from the show. I think they targeted this one because it became too good and too popular. Fans that have donated want to see this more than what the studios are putting out, and that scared them.

Star Trek also has a long history of this type of fan participation dating back to the 1970s, with fan publications, art and stories. Fans kept this franchise alive this way.

Star One · « **Reply #8 on:** 01/04/2016 02:52 pm »

Quote from: Ronpur50 on 01/04/2016 02:41 pm

I think it is a bad move on CBS and Paramount's part. Star Trek fans have donated because they want to see this story. You really should not alienate your fans. Other fan productions use more copyrighted material than this production. Characters and even cast members portraying themselves. This only uses one character, Captain Garth, from the show. I think they targeted this one because it became too good and too popular. Fans that have donated want to see this more than what the studios are putting out, and that scared them.

Gary Graham is in it playing the same character as he did in the show.

yg1968 · « **Reply #9 on:** 01/04/2016 02:56 pm »

Hopefully, this gets settled out of court. Axanar Productions has no case.

Ronpur50 · « **Reply #10 on:** 01/04/2016 02:58 pm »

Quote from: Star One on 01/04/2016 02:52 pm

Quote from: Ronpur50 on 01/04/2016 02:41 pm
I think it is a bad move on CBS and Paramount's part. Star Trek fans have donated because they want to see this story. You really should not alienate your fans. Other fan productions use more copyrighted material than this production. Characters and even cast members portraying themselves. This only uses one character, Captain Garth, from the show. I think they targeted this one because it became too good and too popular. Fans that have donated want to see this more than what the studios are putting out, and that scared them.

Gary Graham is in it playing the same character as he did in the show.

Yep, forgot about him.

Ronpur50 · « **Reply #11 on:** 01/04/2016 03:03 pm »

Quote from: yg1968 on 01/04/2016 02:56 pm

Hopefully, this gets settled out of court. Axanar Productions has no case.

Yes, I hope so too. Maybe allow them to proceed by paying royalties, but that maybe beyond what they can raise. Axanar may have no case, but they have tried to get guidelines from CBS since the beginning, but have been met by silence. Still, not a smart move by them, I think.