Rather than spamming the shout box with stuff I figured it'd just be easier to start a thread.
Basically if I or anyone else sees something related to the Axanar movie, the lawsuit, or possible related leagal mumbo jumbo the can post it here. I'm doing this as I'm in several Axanar pages on Facebook and I see things happening. Granted this is from a biased point of view, but I wanted to open the discussion for everyone here because I wanted to see what you guys thought and because quite frankly I want a place to express my opinions without worrying about being called a troll and getting banned. Without further ado:
From my (not inconsiderable) knowledge of intellectual property law, Axanar has NO legal ground to stand on. It's one thing to pay the caterer that is feeding your crew, it's another to pay for a lighting company to come in and light your set, or a carpenter to make sure you HAVE a set. *None* of that is the people behind the project making a profit.
CBS let Axanar live all the way through the proof-of-concept movie. It's only when Axanar became a real company, rented out a studio and *started paying the producers and directors* and *having the producers and directors draw actual salaries* from the crowdfunded cash that they moved in on it. CBS is fine with people playing in the sandbox for fun and giggles. They kind of have to be in today's world. They're NOT fine with people monetizing the sandbox, or threatening their ability to monetize the sandbox that they own. They're NOT fine with people who are NOT ON BOARD with the corporate vision or NOT ON BOARD with a proper licensing agreement BEING PAID to make Star Trek, which is what is happening at Axanar.
What the Axanar people aren't telling everyone is that CBS would have totally left them alone if they hadn't started drawing salaries.
You'll notice that at the EXACT time the salary was put in place, actors like Tony Todd dropped out -- because they KNEW they didn't want to be associated with what is honestly THEFT.
And that's it. It has nothing to do with how Star Trek: Beyond does or does not look.
I hope to publish a novel someday. I should have control over that novel, over that world, over my own intellectual property. CBS should be able to keep control over their own intellectual property, which they paid for and they own. You wouldn't let someone stay in your house and eat your food just because they said your house was awesome and they had the right to stay there because they liked it so much, would you? No! You'd call the police to report a trespasser.
We won't get any Axanar. But it's really not CBS' fault. It's Axanar's.
I don't think so. The history of monetizing fanworks (i.e., Kindle Worlds) is still very new, and most large properties forbid it. I'd say probably not.
Aurelia thank you for pretty much confirming what I had thought might be the case of things. I just wasn't sure as I'm not all that well up on copyright laws, though if I may digress for a moment I do feel the US copyright laws are antiquated and overly restrictive, but anyway...
I completely agree with you on this. While I don't feel CBS is some poor, starving artist who needs ths protection of the laws or they may starve, I do agree they have every right to protect their IP. That being said, it looks like the Axanar people are asking CBS to clarify which part of Trek they're infringing on (which personally I hope CBS comically beats them over the head with a clipboard for making such a dumb motion). Here's the link to that: The link
I'll just finish my rant here by elaborating what I said earlier about paying employees. The previous crowdfunded projects I were referring to are all new game IP started by former game creators who were no longer under the thumb of a big publisher. But that's just it. These are spiritual succesors to the original games made under new IP by a new studio. They're not making something with the old IP because even though that human creator created it, he doesn't own it. So again your point is correct. Sorry, wish I had clarified.
Not to dismiss anything, but the infringement request by Axanar sounds to me like the classic 'Bury the opposition in paperwork' tactic so they can continue Axanar for another couple weeks/months until the court rules in one way or another. Smart for the project, but a dick move since they don't own the right to Star Trek.
Okay, imagine if Axanar wins this court case and they're able to pay themselves to make Star Trek outside of the control of CBS/Paramount.
I'm writing a book series. It's very much my own world and my own intellectual property. But having this be a precedent means that a guy named Dave could write in my world, too, and he could do whatever he wanted, and put it up on Amazon for money. I'd send Dave a cease and desist, plagiarism note, whatever. He could respond by suing ME to explain MY WORLD in court, and then LEGALLY MAKE MONEY OFF MY IDEAS WITHOUT MY PERMISSION.
We all want Axanar. But I think people aren't really understanding what's going on here. How is Axanar affording their expensive lawyers? Where did the advertising money they spent (over $100k) go? What makes any of you so sure that Alec Peters and company aren't just using Star Trek and the love of Star Trek fans to pad out an less-than-stellar career? THE GUY WANTS TO BE THE CAPTAIN. We all want to be the captain. But that's why we're role-players. Bryan Fuller would NEVER cast himself as the captain of his new ship.
I want creators to keep control of their intellectual properties. But if Axanar wins this court case, there's going to be a dangerous precedent that might someday become the fact that NO CREATOR or LICENSEE has control over ANYTHING THEY MAKE.
I want creators to keep control of their intellectual properties. But if Axanar wins this court case, there's going to be a dangerous precedent that might someday become the fact that NO CREATOR or LICENSEE has control over ANYTHING THEY MAKE.
Imagine that world.
That'd be way too far to the other extreme in regards to my earlier rant about the broken copyright laws.
I think ti's safe to say the best situation where Axanar continues but this new precedent is not set is where they work out a licence deal with CBS, which is what I was hoping since the news of the lawsuit broke out.
You know it's kinda ironic. Axanar's own transparency with the crowdfunding money may be it's ultimate undoing, when it's usually the shady under the table stuff that dooms a crowd funded project. Not complaining. I'd rather they have remained transparent throughout like they did rather than the alternative. It's just rather a shame. Though I suppose it's better it happened this way rather than it not being released and it coming out later and creating even more of a scandal.
Okay, imagine if Axanar wins this court case and they're able to pay themselves to make Star Trek outside of the control of CBS/Paramount.
I'm writing a book series. It's very much my own world and my own intellectual property. But having this be a precedent means that a guy named Dave could write in my world, too, and he could do whatever he wanted, and put it up on Amazon for money. I'd send Dave a cease and desist, plagiarism note, whatever. He could respond by suing ME to explain MY WORLD in court, and then LEGALLY MAKE MONEY OFF MY IDEAS WITHOUT MY PERMISSION.
We all want Axanar. But I think people aren't really understanding what's going on here. How is Axanar affording their expensive lawyers? Where did the advertising money they spent (over $100k) go? What makes any of you so sure that Alec Peters and company aren't just using Star Trek and the love of Star Trek fans to pad out an less-than-stellar career? THE GUY WANTS TO BE THE CAPTAIN. We all want to be the captain. But that's why we're role-players. Bryan Fuller would NEVER cast himself as the captain of his new ship.
I want creators to keep control of their intellectual properties. But if Axanar wins this court case, there's going to be a dangerous precedent that might someday become the fact that NO CREATOR or LICENSEE has control over ANYTHING THEY MAKE.
Imagine that world.
Aurelia, I'm 100% with you. If Axanar wins, I don't want it to be on this basis.
In the ideal world Paramount would turn around and say, "Okay, we'll fund it."
I have to wonder if a petition would help. I somewhat doubt it as I have seen petitions for other series and nothing came of them.
The second is only tangentally realted, but there's speculation that CBS may pull all the Star Trek TV and streaming licences so that the only way to get any Trek at all w/o paying the insane prices for the blu rays or DVDs is via CBS all access.
The latter seems to make sense. If they're going to launch their own streaming service, it would be logical to pull out of Netflix, etc., and stream stuff on your own service. Which of course would suck for whoever likes watching Trek on other services and doesn't want to subscribe to a new service just for one thing.
The latter seems to make sense. If they're going to launch their own streaming service, it would be logical to pull out of Netflix, etc., and stream stuff on your own service. Which of course would suck for whoever likes watching Trek on other services and doesn't want to subscribe to a new service just for one thing.
I continue to feel like these are poor decisions. If JUST hard core trek fans do this, they won't get far. The Force Awakens wasn't a huge success because all the sw fans went, it was a success because everyone went. Star Trek is too niche to carry something like this. Bad business.
