CAPTAIN'S BLOG

I am virtually speechless. Speechless and disappointed. Like you said, that should have teamed up with the Axanar Production Team, thereby properly celebrating the franchise's 50th Anniversary this year. But instead, they are like running home to Mama, because there is someone better out there.

This is ridiculous and will most likely backfire in ways, we can't imagine yet.

Good article, and I agree with your position--this isn't about ownership so much as it is about who loves the franchise--or it should be.

What I think it's *really* about, from CBS's point of view, (and sadly) is money. With the 50th anniversary on the horizon, a new film coming out this summer, and a new series in 2017, this is the time for CBS to strictly control their intellectual property. Axanar threatens those projects by being something that's fan made--i.e. exactly what the fans want to see, rather than something CBS produces that may not be received well. All of CBS's projects are a gamble because of the track record (e.g. luke warm reception of Ent and the JJ-verse), but Axanar is already a success. If they don't control it, they'll lose their audience.

But you've got the right solution: work with them, take a cut, and let the Axanar team do all the work. It should be win-win.

Greed on CBS and Paramount. They have just lost a fan in me. Think I will continue to play SWTOR then. I'm a Lifer on STO but that might change now. If they want to cry to mommie then I have lost ALL repeat for them then.

You're missing a detail. Current US Copyright law does not support selective defense of intellectual property. Therefore, if CBS/Paramount failed to defend this instance of infringement, they would forfeit the ability to defend future infringements. It's not CBS/Paramount's fault. No one can reasonably expect them to just give up their copyrights to the Star Trek IP through inaction.

Whether or not any wrongdoing actually occurred is for the courts to decide, naturally, but from my understanding of the US's copyright law, this could have gone no other way. If Peters wasn't prepared for this, he was fooling himself and made the serious error in not consulting a copyright lawyer before starting the project. That is beyond ill-advised.

Now for the hearsay/opinion portion of my comment. :)

We should stop pretending that Axanar is just like every other fan production, because it isn't. It's professional (their words), created by a studio (risen from the funds raised), not some fan with a hand-held cam, and edited by a fan with Adobe Premier on his Mac. No fan film hires actors, either. They don't have costume designers, make-up artists, or writers, let alone a production team, sets, etc. They have cardboard, markers, friends and their moms, and supportive family. No fan can say their fan film was their job, unlike Peters, who drew a salary, and his production staff, and the actors hired for Axanar. It's not the same thing, which is most of why fan films aren't infringement, and Axanar is.

I heard that Peters has violated non-profit laws while running Axanar Productions. The truth of that will come out in the proceedings, but if it is true, then CBS/Paramount will win.

It is a fact that some of the backer rewards include DVDs/Blu-Rays. I seriously doubt the production team is producing those themselves. If they are, more power to them. If not, a business is making profit off of the production of those discs, and thus off the IP, and CBSP will win.

It is a fact that a production company has risen from this project. The money for this production went into not just the film, but building that company (the equipment, furniture, etc.), and it stands to reason that that company will continue after the project ends. If I'm not mistaken, that is a violation of either non-profit law, or the copyright laws, because it is a form of profit. That production company will also profit from Axanar by gaining business and future investors/backers based on the Axanar project. That is profit, made off of an IP they don't have permission to use.

So, yeah. I will refrain from demonizing the big bad corporation in this case, until a lot more facts are released. But from where I'm sitting now, Axanar Productions seems to have actually infringed upon CBSP's intellectual property in ways people are ignoring. It seems to me that a false equivalency is being made between Axanar Productions and the general fan productions out there, and that false equivalency is blinding people to other facts. From where I'm sitting, with the information I have dug up and gleaned from other sources, it looks like (which doesn't mean it is actually the case) that Peters could have used the "fan film" and "homage" labels to hide his actual intentions to build his own company, and used the nostalgia and yearning of fans to see their beloved franchise return to its roots to do it. I sincerely hope this isn't the case, but that's what it looks like to me.

I was disappointed to hear that CBS/Paramount had sued the Axanar Team, but not at all surprised. While the Axanar Team claims the film will be non-commercial, salaries are being paid and professionals are being employed. Additionally, the Axanar Team are attempting to modify canon by expanding on an officially un-explored aspect of Trek Lore. Both of those activities were likely cause of great concern to the Copyright holders because they violate the spirit of amateur based "Fan Productions" and usurp the IP holders rights to develop and license original content. Do I agree with CBS/Paramount's actions? Absolutely not! I believe they could have approached the Axanar Team with their concerns and crafted a "Fan Fiction" license, which would have ensured them of a percentage of the crowd-sourced funding and royalty free airing of Axanar on the CBS premium network. Unfortunately, they did not find such a course in their interest and the Axanar Team's aggressive advertising ensured CBS/Paramount's full attention. It'll be interesting to see how this all pans out. In any case, it was a noble effort.

One thing that irritaites me about all this is everything is always set around the TOS era. It's like people can't get outta the damned 60's. I don't like that era of Trek myself, it seems like what they're trying to do with JJ Trek. Make an action-film out of a Space-drama, it's always about the wars with fans :(

Just watched the trailers for the first time. I really hope the corporate monsters jump on board instead of trying to crush all this awesome.

too right that it should e sued... way too many fans do a p*s poor trek and it should stop....

#thisfarnoFURTHER

they need to leave it to the people who make it!!! END OF