Axanar meets legal resistence from CBS

Ryujin

Legend
Full disclosure: I am a backer of the "Star Trek: Axanar" crowdfunding projects.

This has been going back and forth for a while now, but CBS has finally gone forward with an attempt to get an injunction against the producers of the crowdfunded Star Trek movie "Star Trek: Axanar." Until now CBS has tolerated fan films, as long as they didn't make a profit. Alec Peters, one of the producers who also plays Garth of Izar in the movie, was told as much in meetings with CBS execs. I guess as long as your project effectively acts as advertising for their property it's OK, but you can't be TOO successful. Doing this production caught the imagination of a lot of industry professionals who are working for significantly less than usual, are putting aside more lucrative work, or are working for nothing in order to see it be made.

Yes, I support a creator/producer being able to exert creative creative control over his intellectual property. This is a bit different, though, as there has been a long standing explicit permission for not-for-profit productions. These days a production without much SFX and reasonable production values runs a minimum of around $100K per hour of the final product, and that's not at Hollywood rates. So is it the fact that they managed to get a couple of million dollars in support that makes the difference? Is it that it's actual higher level Hollywood professionals who have made this their passion project?

http://www.hollywoodreporter.com/th...Lewis&utm_term=hollywoodreporter_breakingnews
 

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Umbran

Mod Squad
Staff member
Supporter
So is it the fact that they managed to get a couple of million dollars in support that makes the difference? Is it that it's actual higher level Hollywood professionals who have made this their passion project?

I suspect it is because CBS is intending to start a new TV series almost exactly a year from now.

Part of the issue may be that CBS intends this to drive their streaming content service, rather than broadcast it - Axanar, as an online offering, may be seen as a conflict.

http://www.startrek.com/article/new-star-trek-series-premieres-january-2017
 

Mallus

Legend
Yep, got it in one. CBS -- stupidly, in my opinion -- looks like it's using the Star Trek brand to push their streaming content service which will be a complete failure. The best I can say is the Enterprise has survived worse...

Contrast CBS's actions with Disney/Lucasfilms. You can't open Youtube these days without seeing full-length fan re-edits of the Star Wars prequel films, in 1080P, all free of charge and heavily promoted.
 

Umbran

Mod Squad
Staff member
Supporter
Yep, got it in one. CBS -- stupidly, in my opinion -- looks like it's using the Star Trek brand to push their streaming content service which will be a complete failure. The best I can say is the Enterprise has survived worse...

I find it a little boggling that CBS can't come to an amicable deal with Hulu or Netflix for their content. Either one would *love* to be the place where folks can get new Trek, I suspect, as well as most of the rest of what CBS produces. And CBS could avoid all the cost and risk of operating a service, create content, and get paid for it through the license. *sigh*

Contrast CBS's actions with Disney/Lucasfilms. You can't open Youtube these days without seeing full-length fan re-edits of the Star Wars prequel films, in 1080P, all free of charge and heavily promoted.

Yes, but that's in part because 1) The prequels are now 10-15 years old! 2) Aren't considered very good. That's squeezing some good will marketing out of old content, which isn't much related to establishing and getting value out of new content.
 
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Ryujin

Legend
I suspect it is because CBS is intending to start a new TV series almost exactly a year from now.

Part of the issue may be that CBS intends this to drive their streaming content service, rather than broadcast it - Axanar, as an online offering, may be seen as a conflict.

http://www.startrek.com/article/new-star-trek-series-premieres-january-2017

You aren't wrong, but I don't think that you go quite far enough. It's the 50th anniversary of the original series. They're releasing the third in a series of movies, that many like myself don't feel have been very true to the vision of Star Trek (though I'm now holding out some hope). AND you have the CBS streaming service that's coming, with the new Star Trek series appearing to be its flagship show.

You've got a producer/star who met with CBS execs and came away from that meeting feeling that there was an agreement, or at least the outline for fair use, in place. He, those working with him, and thousands of fans have gone forward based on that. I don't see that anything has changed on the Axanar side of the equation.
 

Umbran

Mod Squad
Staff member
Supporter
You've got a producer/star who met with CBS execs and came away from that meeting feeling that there was an agreement, or at least the outline for fair use, in place.

Paramount has generally been okay with fan work, if it doesn't sell anything. However, the significant professional involvement, and million dollar budget make it a different beast.

Plus, I am not so sure about feeling there was an agreement - this back from August:

[/i]"The official line from CBS and Paramount, which manage the TV and film rights to the ‘Star Trek’ franchise, respectively, is not to endorse such a production.

“CBS has not authorized, sanctioned or licensed this project in any way, and this has been communicated to those involved,” a representative from the network told TheWrap. “We continue to object to professional commercial ventures trading off our property rights and are considering further options to protect these rights.” (Paramount did not return TheWrap’s request for comment.)

Peters said he and his team met with CBS last week but the network didn’t offer any specific guidelines concerning what his crew can and cannot do — the network simply told him that they can’t make money off the project."[/i]

http://www.thewrap.com/how-1-1-million-star-trek-fan-movie-has-escaped-studio-shutdown-so-far/

I don't see how he gets from "didn't offer any specific guidelines" to "have an agreement or outline for fair use in place". I really don't.
 

Ryujin

Legend
Paramount has generally been okay with fan work, if it doesn't sell anything. However, the significant professional involvement, and million dollar budget make it a different beast.

Plus, I am not so sure about feeling there was an agreement - this back from August:

[/i]"The official line from CBS and Paramount, which manage the TV and film rights to the ‘Star Trek’ franchise, respectively, is not to endorse such a production.

“CBS has not authorized, sanctioned or licensed this project in any way, and this has been communicated to those involved,” a representative from the network told TheWrap. “We continue to object to professional commercial ventures trading off our property rights and are considering further options to protect these rights.” (Paramount did not return TheWrap’s request for comment.)

Peters said he and his team met with CBS last week but the network didn’t offer any specific guidelines concerning what his crew can and cannot do — the network simply told him that they can’t make money off the project."[/i]

http://www.thewrap.com/how-1-1-million-star-trek-fan-movie-has-escaped-studio-shutdown-so-far/

I don't see how he gets from "didn't offer any specific guidelines" to "have an agreement or outline for fair use in place". I really don't.

I'd say that "can't make money from it" pretty much does that and the Axanar folks have been very forthcoming about where the money from the project is being spent, by publicly releasing their books.
 

Ryujin

Legend
From Alec Peters, about an hour ago:

STATEMENT FROM ALEC PETERS, EXECUTIVE PRODUCER OF AXANAR

December 30, 2015

This morning, I was greeted with news that our production company, Axanar Productions and I, personally, am being sued by CBS Studios, Inc. and Paramount Pictures Corporation for copyright infringement of Star Trek.

First of all, I was disappointed to learn about this through an article in an industry trade. For several years, I’ve worked with a number of people at CBS on Star Trek-related projects, and I would have hoped those personal relationships would have warranted a phone call in advance of the filing of a legal complaint. Nevertheless, I know I speak for everyone at Axanar Productions when I say it is our hope that this can be worked out in a fair and amicable manner.

Axanar is a fan film. Fan films – whether related to Star Trek, Star Wars, Harry Potter, Lord of the Rings, Power Rangers, Batman or any other franchise – are labors of love that keep fans engaged, entertained, and keep favorite characters alive in the hearts of fans. Like other current fan films, AXANAR entered production based on a very long history and relationship between fandom and studios. We’re not doing anything new here.

Like all fan films, AXANAR is a love letter to a beloved franchise. For nearly 50 years, Star Trek’s devotees have been creating new Star Trek stories to share with fellow fans. That’s all we’re trying to do here.

Since the original Star Trek TV series, when the letter writing campaign by fans got NBC to greenlight a third season of Star Trek, fan support has been critical to the success of the franchise. It is the Star Trek fans themselves who are most affected here, for by suing Axanar Productions to stop making our movie and collect so-called damages, CBS and Paramount are suing the very people who have enthusiastically maintained the universe created by Gene Roddenberry so many years ago.

The fact that many of the fans involved with Axanar Productions are also industry professionals speaks volumes to the influence of Star Trek in the entertainment industry. Not surprisingly, these fans want to give something back. We’re very proud that the work we’ve done to date looks so good. That is also a reflection of the devotion of Star Trek’s fans.

Like everything related to Axanar Productions, we take this matter very seriously and remain open to discussing solutions with all parties that can be mutually beneficial.

Alec Peters
 

Umbran

Mod Squad
Staff member
Supporter
I'd say that "can't make money from it" pretty much does that ...

Not when accompanied by an explicit statement that they *weren't* given a list of what was okay, and what wasn't. All it really says is that if they try to make a profit, CBS *will* shoot them down. It gives no guarantee otherwise. CBS was being intentionally vague, and not committing to allow anything in particular. So, no, not anywhere near an agreement. Nobody who works with Hollywood should think of that as an agreement or understanding for a *million dollar* project.

Really, think of that scale for a moment. Consider how clear and unambiguous that agreement should have been before committing to a project that large.
 

HardcoreDandDGirl

First Post
OK, I'm new to this whole idea of 'fan films' but I have been an avid roleplayer since I was 8 years old, and that is a market I follow. How is this any different then an RPG company that has no problem with Me, Tabitha, putting out an adventure on the web for free, but stopping Monte cook from putting up a kickstarter for an adventure?
 

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