Anyone Looking Forward to Star Trek: Axanar?

Not having taken action before doesn't mean there isn't infringement. The fact is that this was shaping up to be a professional looking project and was already getting substantial publicity, which is publicity drawn away from the new film & TV show. It's no coincidence that this project has generated particular interest among those fans who didn't much care for JJ Trek, and the fact is that the project need not draw a direct profit for the action to be valid. If the project draws interest away from the official offerings then that can indirectly impact profits (albeit, as I say, financial loss isn't actually required) and/or marketing. I don't think it's helped that money has been drawn from the public, from which Alec Peters and his girlfriend draw a personal salary, and has been heavily promoted as "true" Star Trek (implying that the studio output isn't).

Personally I think this is not only due to the proximity of filming on the project, but also an attempt by the studio to have the court set a precedent for what does and doesn't constitute a fan film. This is most certainly the most professional of all fan films to date and the question that raises must be surely be about when a fan film ceases to be just that and becomes a rival project, for profit or otherwise.

Wouldn't be the first time. Koenig, Nichols, Takei and half a dozen others have all done it.

Personally I think it's more to do with this looking more and more like a proper spit and polish production rather than the efforts to date, which inevitably still suffer from bad acting or production values.

I've said it before about other Star Trek "fan productions", calling Axanar (and a couple of others) "fan produced" is not quite accurate. Several of them involve a fair number of Star Trek connected actors and production staff.

CBS might've decided that they were on the verge of a very dangerous precedent in allowing people who have worked on Star Trek before to basically "take their ball and go home"........and then go into business for themselves.

I doubt the "this is REAL Star Trek" or "better than the official version" really bothered CBS much.

Another possibility also exists.

Axanar set 21 years prior to the Original Series is basically an "immediate prequel" to the OS. Unlike Enterprise which was set well before it.

It is possible that this was also the concept chosen for the Star Trek series beginning in 2017. Perhaps a series about Captain Pike or April (or another previous to Kirk captain) and CBS saw major problems if their "official" series hit the airwaves six months after a very similar production.

I do believe it comes down to what fan productions have become. Remember when they were a couple of fans in a basement using their mom's VHS camcorder? Well, now they look like this:











Look how professional that is. Not only that, but with the new series and new film, the production above causes brand confusion. To muddle an older jingle, "Is it CBS or is it Axanar?"

If I were CBS and I were producing a new Star Trek series, you're damned right I'd be saying something, especially if the production pulled in $1.5 million using your IP, went and built their own professional film studio from that income, income that they made from your property. That makes them a competitor, using your property to build their company in order to compete against you with your own property. That they made it this far utterly surprises me. So I find it funny that Alec Peters has the gall to say CBS is in the wrong here.

Tony Todd is on Twitter suggesting all is not what it seems.

https://twitter.com/TonyTodd54?ref_src=twsrc^google|twcamp^serp|twgr^author

The link isn't working, but this one should: https://twitter.com/TonyTodd54/status/682286369385807872

Also, apparently, Alec Peters, while raking in money, once said this: "...we originally expected it to be a ‘fan film’ and now I don’t think many people consider it just a fan film. So for the full-length feature we want to make sure we knock it out of the park for the high bar that we have established for independent Star Trek."

The high bar "we" have established? "Independent Star Trek" away from the IP holder? Shit, if I were CBS, I'd sue him twice.

"We"? Ha! Not remotely full of himself is he?

Yeah, this reminds me quite a bit of the historic relationship between organized baseball and independent leagues. The majors' control of minor league baseball came in response to some upstart leagues beginning to field a competitive product. Same here. And unlike baseball, which is in the public domain, CBS/Paramount actually own Star Trek. Independent Trek, my ass. Serves them right.

Exactly. Independent Star Trek doesn't exist, as it is a wholly owned licensed trademark of CBS. Now, if he wanted to make an independent sci-fi film? More power to him. What he wants, however, is Star Trek's name, wants it for free, and he wants to shape the world his way free of the licensed IP holder. All of this "independent Star Trek" stuff he spouts is delusional, and only works to draw in fans willing to part with their money for what will become vaporware.

They're saying over on Trekmovie that Peters was using the crowd funding to build a studio for himself to use for future work.

I'd go so far as to say he's a con artist.

Dumbass.

So is work on hold for Star Trek: Axanar or not?

Dead I'd say. No way do they have a defence against what is clear and overt copyright infringement and use of the brand to earn money from the public, create work in its name and pay people salaries off the back of it.

That is your opinion of course. What I'm saying is have they actually suspended work on it.

No, it's more than just my opinion. It's based on my knowledge of intellectual property law - at least how it operates here anyhow, and I doubt it is significantly different in California.

Yeah, they're screwed if they try to move forward.

They'd have to argue fair use. But if they're playing salaries, which their website suggests they are, then it's clear they have used the goodwill of the brand to start an enterprise (no pun intended) and earn funds from the public that have ended up building a professional studio and created paying jobs. That's not a fan film where people just give up their time for the love of the brand. That's using the brand for indirect monetary gain.

Dear CBS,

Thank you for letting us use your Star Trek IP to fund building our own independent production studio. Soon we'll be making films just like you, future business rival! Now we'll be making your IP but we've told everyone we'll make it better, and that it will be real while yours will be a dull copy at best, and we'll be doing it with money that could have gone to you! So, once again, thank you.

Sincerely, Alec Peters.

P.S. We're not sending you any of the money.

Creating a full professional studio takes it beyond a non-profit production. That he has a studio indicates he did make a profit and did use the "Star Trek" name and franchise for personal gain.

Long term and overall, what happens if CBS loses its case?

The project will continue.

However, they won't.

They don't.

Couldn't Peters argue that his studio is to facilitate the production of future fan productions and that the amount paid to "employees" is well below the industry standards established by the unions and thus the work they are doing is effectively "volunteer" work?

Has does that negate the copyright infringement?

You know more about this than me.

But doesn't the fact that the production itself is about a battle never referenced in Star Trek before of any significance?

Arguably the only thing in this production that involves something or someone referred (besides Vulcan and Klingons) to in Star Trek before is the character of Garth himself (Whom Gods Destroy).

They're using IP logos, trademarks, and referencing characters and names from a battle referenced in an episode of the original Star Trek. They're toast.

I'm pretty sure the Battle of Axanar was never actually reference in Star Trek. The closest thing was that Kirk was referred to as being a part of the "Axanar Peace Mission" and one of the Early Enterprise episodes refers to a group of aliens as "Axanarans"

Just for clarification, that sounds as if you're saying that a professional production negates fair use. That's not accurate, is it? You're really saying that since they are a professional production, their only chance would be to argue fair use?

How can there possibly be a copyright on a show about a future where intellectual property and money no longer exist? Do you see the crew forking over money every time they use somebody's replicator or holodeck programs? No, you don't, because in the future, media companies produce entertainment to better themselves and to grow as people, not to cash in.

Some franchise needs to put itself in the public domain or come up with some sort of open source license just so fan productions don't have to start from scratch with universe-building each time they do a production.