Paramount & CBS Sues Star Trek Axanar Creator

Overmind One

GateFans Gatemaster
Staff member
I got curious and starting looking for an answer to why Paramount has freely approved and worked with every fan film Trek project - until Axanar.

So far (based on snippets from different places) it seems the key is the other Trek fan productions are non-profit and that the permission from Paramount is based on that. It would of course be nice to see a straight out statement to that effect :)

If true, that would explain a lot as there is this little item (which engendered fan anger):

http://www.axanarproductions.com/ares-studios-launches/

If they really used any funds obtained in the indiegogo and kickstarter drives to launch this (which their website seems to affirm) and if the use license stipulated non-profit then yes this is a license violation because the funds were obtained through use of the Trek universe elements in the campaign.

Can't be sure but it is a possibility.

Well, you answered all my questions by posting that link. THAT is the issue right there, and I 100% side with Paramount and CBS now because of it.

The Axanar team is happy to announce that we have signed a lease on 16,000sf warehouse in Valencia, CA. The new home of Axanar Productions will be called “Ares Studios” and you are all part of it because of your donations to the Axanar Kickstarter. We intend to turn this warehouse and office space into a fully functional sound stage. This will allow us to not only make “Axanar” but other Star Trek projects after Axanar and other Sci-Fi projects. (Robert Burnett and I have already acquired the rights to a fantastic book series by David Gerrold.)

The leasing of this warehouse is due to YOU the donors, and thus you are all part of this project. And, it enables us to not only produce “Axanar”, and other Star Trek and Sci-Fi projects, but to bring you Sci-Fi Film School and Axacon, the coolest Star Trek convention ever, where you will actually get to be part of your own film on the Axanar sets.

The first thing to do is retro-fit the office to meet production needs and the warehouse to be a sound stage. Stay tuned for info on the progress.

As donors, all of your names will also be posted on the Sound Stage wall, and you will be invited to the Ares Studios’ Open House when we officially open the studio for business!

You nailed it with this post. NO WONDER they are being sued. What an arrogant, short-sighted, dumb move they made by leasing that space and trying to call themselves independent when their entire existence owes itself to a concept and property which is copyrighted by another studio. Now, I side with the studios, and I hope they grab all the CGI models, all the footage and animation and use it in their own project. Perhaps they can hire the Axanar CGI crew to do something. Whatever the case, Alec Peters and his non-thinking crew need to be dumped.
 
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Overmind One

GateFans Gatemaster
Staff member
Note the previous post. There is good reason to believe that the issue is that funds raised for the production are being used for other business uses. Also even if it is non-profit the stuff is still copyrighted so permission is required.

No way are they non-profit. They are trying to hide behind that label.
 

Joelist

What ship is this?
Staff member
Axanar had promise. Perhaps the result should be CBS grabs it, produces it and airs it on their new web channel. They would not need to expend a lot of $$$ and then just let Peters figure out how to deal with his crowdfunding subscribers.
 

Overmind One

GateFans Gatemaster
Staff member
Axanar had promise. Perhaps the result should be CBS grabs it, produces it and airs it on their new web channel. They would not need to expend a lot of $$$ and then just let Peters figure out how to deal with his crowdfunding subscribers.

It boils down to Alec Peters himself as an individual. Evidently, he paid himself a salary for this production (fan films do not do this). He is apparently a very dynamic individual (a dick, by some accounts), and has a massive ego complex. On Reddit and Facebook, he evidently trolls the pages of those who dissented or brought up questions about what happened to the money donated to the Axanar project. I was just getting a taste of it from the initial reports, but with minor digging a clearer picture of this a-hole emerged.

When you look at Star Trek Continues and Phase II (both operating under permission from CBS/Paramount), you see studios, sets and faithful elements of TOS Trek. Both Deep Space Nine and TNG used the sets created by Star Trek Phase II for episodes in actual DS9 and TNG episodes (The Trouble with Tribbles and Relics). The relationship has been cooperative and fun. Axanar is a competitor against new Star Trek productions, and by going for a feature film, Peters was stepping on Paramount's toes AND those of CBS and arrogantly proclaiming his Axanar as an independent production. They said they would be making non-Trek productions too. They lost me with that.

Having said that, Axanar is superb Trek. I think that the talent which created it can be used to give us real Trek if the Kurtznan Trek series fails (and it will). It's good to know that there are still people who get what real Star Trek is and are waiting to give it to us when the time is right.
 

Joelist

What ship is this?
Staff member
Once we both starting digging just a little, the reason the Axanar production got sued bubbled right up...:facepalm::facepalm::facepalm:
 

Overmind One

GateFans Gatemaster
Staff member
Once we both starting digging just a little, the reason the Axanar production got sued bubbled right up...:facepalm::facepalm::facepalm:

No C&D order means something is brewing over at Paramount and CBS. They are likely trying to decide which direction to go with it. I do not see Paramount benefiting from acquiring the Axanar assets, because they are already contracted with Abrams for the 4th film (with options for a 5th). But CBS could make a fortune on it. The (assumed) failure of the Kurtzman Trek might be what needs to happen before CBS sees the value in Axanar and other Trek set in the Prime universe where it belongs. I doubt Kurtzman's crew would know what to do with genuine Trek.

Almost 2 million views on YouTube, and fans giving a million dollars...that spells success for a newly launched paid CBS channel. Doesn't anyone at CBS remember what actual Star Trek is about? Do they really believe that the money made by the NuTrek films came from the same audience that would sit down every week to watch a Star Trek series on TV? I hope not.
 

Joelist

What ship is this?
Staff member
Possibly. I do think we are correct that what set Paramount off was the combination of factors like Peters giving himself a salary and opening up Ares Productions with funds from the Axanar fundraising. They may indeed be considering how to proceed now that they have sued, and yes the fact that they have not yet sought a C&D injunction is interesting.
 

heisenberg

Earl Grey
Possibly. I do think we are correct that what set Paramount off was the combination of factors like Peters giving himself a salary and opening up Ares Productions with funds from the Axanar fundraising. They may indeed be considering how to proceed now that they have sued, and yes the fact that they have not yet sought a C&D injunction is interesting.
No C&D order means something is brewing over at Paramount and CBS. They are likely trying to decide which direction to go with it. I do not see Paramount benefiting from acquiring the Axanar assets, because they are already contracted with Abrams for the 4th film (with options for a 5th). But CBS could make a fortune on it. The (assumed) failure of the Kurtzman Trek might be what needs to happen before CBS sees the value in Axanar and other Trek set in the Prime universe where it belongs. I doubt Kurtzman's crew would know what to do with genuine Trek.

Almost 2 million views on YouTube, and fans giving a million dollars...that spells success for a newly launched paid CBS channel. Doesn't anyone at CBS remember what actual Star Trek is about? Do they really believe that the money made by the NuTrek films came from the same audience that would sit down every week to watch a Star Trek series on TV? I hope not.

A little update on this case.

Star Trek' Fans Want Paramount, CBS to Do Better Job Explaining Franchise to Court


But according to a court filing on Monday by the defendants, that's nowhere near enough to survive dismissal.

The first thing that the defendants request is more specificity about which of the "thousands" of copyrights relating to Star Trek episodes and films are being infringed — and how.

Taking issue with a complaint that lumps the entire Star Trek universe together, the dismissal motion points out that the original series featured a certain adventure aboard the U.S.S. Enterprise — one involving fictitious species such as the Vulcans and the Klingons — whereas The Next Generation had new captain (Jean-Luc Picard) and "revealed a universe with previously unexplored dimensions."

The defendants also nod to new characters, sets and plots in Voyager and Deep Space Nine and the various films (including the upcoming series and film) to arrive at the argument that Paramount and CBS aren't doing an adequate job recognizing the vast differences between the films and television episodes nor meeting minimum pleading standards. Producers of the crowdfunded film argue they shouldn't be left guessing about what they've infringed nor should they be required to sift through each movie and TV episode to determine the claims against them.




http://www.hollywoodreporter.com/thr-esq/star-trek-fans-want-paramount-868691
 

Joelist

What ship is this?
Staff member
They are trying games to confuse people. Their problem is all of the Star Trek universe is copyrighted, and if they manage to change their production enough to not infringe on anything they then will be in a position of defrauding their crowdfunding backers who committed money based on the campaigns including copyrighted Trek elements.
 

Overmind One

GateFans Gatemaster
Staff member
A little update on this case.

Star Trek' Fans Want Paramount, CBS to Do Better Job Explaining Franchise to Court

Sounds like Peters himself (personally) playing the part of "The Defendants". Sounds exactly like the argument he would make, a bit of delusion mixed with a sense of entitlement and a dash of arrogance, never once assuming responsibility for this obvious infringement and betrayal of the spirit of fan films.
 

Overmind One

GateFans Gatemaster
Staff member
They are trying games to confuse people. Their problem is all of the Star Trek universe is copyrighted, and if they manage to change their production enough to not infringe on anything they then will be in a position of defrauding their crowdfunding backers who committed money based on the campaigns including copyrighted Trek elements.

True, The entire meaning of Axanar lies entirely within the framework of Star Trek and it's canon and characters. The ships, their design elements and those of the alien ships is undeniably the IP of Paramount/CBS. The courts can get him on the salary he paid himself alone (in terms of making profit). I doubt the courts would consider a production company a "fan" (like it might consider a corporation an individual).

I understand that all production on Axanar HAS been halted. Looking at the Axanar website, there is still tons of evidence there to support Paramount and CBS in their accusations.
 

Overmind One

GateFans Gatemaster
Staff member
Wow! Spock's father was a Romulan. Talk about a dude who really gets around.

That episode is what got Mark Lenard his Sarek character. In the Balance of Terror episode, that was not Sarek :) (you know that already). It was the first time a Romulan was shown in the series.
 

heisenberg

Earl Grey
That episode is what got Mark Lenard his Sarek character. In the Balance of Terror episode, that was not Sarek :) (you know that already). It was the first time a Romulan was shown in the series.


They've filed amodified complaint that details what they believe the crowdfunded project is doing to run afoul of copyright law... and some of the claims aren't going to rub enthusiasts the right way. For one thing, it believes that speaking Klingon is a violation -- yes, just shouting "qapla'" could get you in trouble. There have been concerns that Paramount might crack down on Klingon use before, but this is the first time it's taking action.

Other concerns include familiar-looking uniforms, the use of Stardates to mark time and Vulcans' pointy ears. In other words, just about anything you vaguely associate with Star Trek is a problem. While the Axanar team knew it was testing the limits of copyright, it might not have expected so many issues.

http://www.engadget.com/2016/03/14/paramount-star-trek-fan-film-lawsuit-details/
 

Joelist

What ship is this?
Staff member
I hate to tell the author, but this case will have no effect on other, real "fan films". Things like Star Trek Continues and Star Trek New Voyages have permission to use the Trek visuals and story elements. Axanar is, shall we say, different than they are.
 

heisenberg

Earl Grey
Peters is still out there running his mouth, not at all apologetic and also trying to throw all the other fan productions under the bus. He is a total creature, and needs to be squashed. :(
Justin Lin has joined in the support for axanar. What a moron lol. CBS lawyers are going to gang up on him to ask him to remove that tweet in 3...2...1

 

Overmind One

GateFans Gatemaster
Staff member
Justin Lin has joined in the support for axanar. What a moron lol. CBS lawyers are going to gang up on him to ask him to remove that tweet in 3...2...1


I guarantee they will not let him do another Trek movie! He was not the first pick anyway, Orci was. I get the feeling that it was sort of a mouldy orange they were tossing around to different directors because Abrams wasn't doing it. In terms of visuals, tone and execution, Axanar is most definitely Star Trek in a very solid way. But it is an infringement, plain and simple. Paramount and CBS are exercizing their rights per the "ALL RIGHTS RESERVED" clause. Specifics are laid out right here (this one specific to the gaming online, but is the same):

http://www.startrek.com/terms-of-use

Movie Trek is a mess. It is on it's decline already, after only two films. This next one will be a low as compared to Star Trek Into Darkness, which was lower than the 2009 movie. The fourth one is supposed to be an Abrams gig, but it might not get made if this next one is not great in the box office. Let it die. Reboot it again after CBS comes out with it's series.
 

heisenberg

Earl Grey
I guarantee they will not let him do another Trek movie! He was not the first pick anyway, Orci was. I get the feeling that it was sort of a mouldy orange they were tossing around to different directors because Abrams wasn't doing it. In terms of visuals, tone and execution, Axanar is most definitely Star Trek in a very solid way. But it is an infringement, plain and simple. Paramount and CBS are exercizing their rights per the "ALL RIGHTS RESERVED" clause. Specifics are laid out right here (this one specific to the gaming online, but is the same):

http://www.startrek.com/terms-of-use

Movie Trek is a mess. It is on it's decline already, after only two films. This next one will be a low as compared to Star Trek Into Darkness, which was lower than the 2009 movie. The fourth one is supposed to be an Abrams gig, but it might not get made if this next one is not great in the box office. Let it die. Reboot it again after CBS comes out with it's series.

Paramount claims to own the Klingon language

Can you own a language? That might seem like a bizarre question to ask but it’s one that lawyers will have to figure out the answer to, as it’s become rather important in the case of Paramount Pictures vs a crowd-funded team, who want to make a Star Trek spin-off. They already made a short film and are now planning a feature, but Paramount is having none of it.

http://www.kitguru.net/channel/jon-martindale/paramount-claims-to-own-the-klingon-language/
 

Joelist

What ship is this?
Staff member
Lin is doing the typical celebrity thing of opening his mouth without doing his homework.
 
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