Star Trek Fan Film Maker Didn't Know He Was Being Sued Until He Read the News

[Jandau]

"Oh no! A small independent group of enthusiasts is about to make a better Star Trek film with a shoestring budget than we managed to do with hundreds of millions of dollars and free pick of Holywood artists! Better sue them before everyone sees exactly how incompetent we are. I mean, everyone knows it already, but this would really just demonstrate the extent..."

 

[Zontar]

"Oh no! A small independent group of enthusiasts is about to make a better Star Trek film with a shoestring budget than we managed to do with hundreds of millions of dollars and free pick of Holywood artists! Better sue them before everyone sees exactly how incompetent we are. I mean, everyone knows it already, but this would really just demonstrate the extent..."

Silly Axanar. One does not simply make movies without first paying protection money to the copyright mafia.

As I've stated already, the makers of this fan film are doing so for-profit. As I've stated already, Paramount/CBS are remarkable tolerant in regards letting people make fan films using the Trek IP, even going so far as to let actors reprise their roles from the series for them, so long as it's non-profit.

This project, on the other hand, was being made for-profit, which crosses the line.

 

[Gizmo1990]

"Oh no! A small independent group of enthusiasts is about to make a better Star Trek film with a shoestring budget than we managed to do with hundreds of millions of dollars and free pick of Holywood artists! Better sue them before everyone sees exactly how incompetent we are. I mean, everyone knows it already, but this would really just demonstrate the extent..."

Silly Axanar. One does not simply make movies without first paying protection money to the copyright mafia.

As I've stated already, the makers of this fan film are doing so for-profit. As I've stated already, Paramount/CBS are remarkable tolerant in regards letting people make fan films using the Trek IP, even going so far as to let actors reprise their roles from the series for them, so long as it's non-profit.

This project, on the other hand, was being made for-profit, which crosses the line.

This. I said this before but people seem to ignore this issue. They have used the money they were given to create Axanar to creat their own studio that they will make future for profit porductions. I imagine that is what has CBS/Paramount pissed off and what will sink them in court. The essentially used the Star Trek IP to get startup money. How did they think they would not get sued for this?

 

[flying_whimsy]

Wow, that sucks. My mom would have really enjoyed that movie.

Between looong gaps between seasons and bullshit like this, hasbro has killed off quite a bit of the brony franchise. It's disappointing to see companies squander the love of a fandom.

I suspect disney is going to be the same way with star wars, and you just know they won't give a rat's ass.

 

[Blood Brain Barrier]

I usually dislike fan productions like these, but they seem to have acquired some decent actors this time. There's the guy who played Kurn, Worf's brother. And I think I recognise a few others from the clip. Impressive. However it still has the stilted dialogue and generic feeling of other fan movies.

 

[Gone Rampant]

At this rate, I wouldn't be surprised if CBS quietly retracts the lawsuit as damage control and/or blames it on some intern.

 

[hermes]

Maybe someday our society will evolve out of the need for lawyers or suits. That'd be even better than not needing money.

 

[WhiteTigerShiro]

I think these lawsuuits should become illegal for noncommercial products. Fuck franchiseholders.

No, they really shouldn't. A free alternative is going to cut into profits of the official version. This is why Nintendo struck down that Pokemon MMO that was in production, and why Square had to threaten that team that was making a 3D Chrono Trigger. Both projects, if released for free, can cut into the profits of their own current or future products.

 

[Rastrelly]

I think these lawsuuits should become illegal for noncommercial products. Fuck franchiseholders.

No, they really shouldn't. A free alternative is going to cut into profits of the official version. This is why Nintendo struck down that Pokemon MMO that was in production, and why Square had to threaten that team that was making a 3D Chrono Trigger. Both projects, if released for free, can cut into the profits of their own current or future products.

Yes and no. This would be a competition, which is always good for the market. If official franchiseholder is unable to compete with noncommercial project they totally deserve to lose profits. It will actually make them to avoid lots of worst business practices we witness these days. This would both stimulate creation of new franchises, actual development of new products, and, at the same time, would not allow to profit from other people's intellectual property. Consider it fanfiction in gamified form =)

 

[TheVampwizimp_v1legacy]

Well, this is a God damn shame. Axanar looked really promising, and that preview was pretty excellent, all things considered. I especially like that they managed to involve several former Trek actors, and others from BSG. Even the guy playing Garth looks reasonably like the actor who originally played him. The CGI looks mostly great, and while it's certainly too highly stylized to really look like Star Trek, that's not a bad thing. All the shows could have done with more dynamic staging.

 

[WhiteTigerShiro]

I think these lawsuuits should become illegal for noncommercial products. Fuck franchiseholders.

No, they really shouldn't. A free alternative is going to cut into profits of the official version. This is why Nintendo struck down that Pokemon MMO that was in production, and why Square had to threaten that team that was making a 3D Chrono Trigger. Both projects, if released for free, can cut into the profits of their own current or future products.

Yes and no. This would be a competition, which is always good for the market. If official franchiseholder is unable to compete with noncommercial project they totally deserve to lose profits.

Not when said competitor is using their own ideas against them. Had the people who were working on that Pokemon MMO just made it a game that played similarly to "Pokemon as an MMO", then Nintendo wouldn't be able to touch them. If the team who was working on the 3D Chrono Trigger had been making a game that used all the same mechanics as Chrono Trigger, but with an original story and characters, then Square wouldn't be able to touch them. If either project was cutting into profits, then I'd agree 100% with your point. Square and/or Nintendo would need to step-up their game to provide something to their fans that can compete. Something that says, "Yes, you're paying money for this product versus the other one, but you're also getting this."

Consider it fanfiction in gamified form =)

Actually, some fan fictions have resulted in legal action. As for whether or not the given examples (a Pokemon MMO or the 3D Chrono Trigger) would count as fair use... I don't know. Getting into that would involve learning a lot more about complicated laws than I care to learn about; at least in my current just-got-off-work state of mind.

 

[Rastrelly]

I think these lawsuuits should become illegal for noncommercial products. Fuck franchiseholders.

No, they really shouldn't. A free alternative is going to cut into profits of the official version. This is why Nintendo struck down that Pokemon MMO that was in production, and why Square had to threaten that team that was making a 3D Chrono Trigger. Both projects, if released for free, can cut into the profits of their own current or future products.

Yes and no. This would be a competition, which is always good for the market. If official franchiseholder is unable to compete with noncommercial project they totally deserve to lose profits.

Not when said competitor is using their own ideas against them. Had the people who were working on that Pokemon MMO just made it a game that played similarly to "Pokemon as an MMO", then Nintendo wouldn't be able to touch them. If the team who was working on the 3D Chrono Trigger had been making a game that used all the same mechanics as Chrono Trigger, but with an original story and characters, then Square wouldn't be able to touch them. If either project was cutting into profits, then I'd agree 100% with your point. Square and/or Nintendo would need to step-up their game to provide something to their fans that can compete. Something that says, "Yes, you're paying money for this product versus the other one, but you're also getting this."

Consider it fanfiction in gamified form =)

Actually, some fan fictions have resulted in legal action. As for whether or not the given examples (a Pokemon MMO or the 3D Chrono Trigger) would count as fair use... I don't know. Getting into that would involve learning a lot more about complicated laws than I care to learn about; at least in my current just-got-off-work state of mind.

Yup, this is why I was talking about changing the law on this matter. There must be strictly defined requirements to - let's call it fanfic - a fanfic in order for it to be, well, legal. IMO, it's:
1) Direct disclaimer towards the holder of rights to fanfic source (i.e, in case of a game, developer/publisher logos with big and clearly visible text "BASED ON ORIGINAL PROJECTS OF...", "THIS WORK IS NOT OFFICIAL OR DIRECTLY SUPPORTED BY...");
2) Noncommercial basis. This work must not make any profit. It can be funded, but should not make money.
3) No competitor funding. In case any of competing companies will fund a 'fanfic', it loses protection from legal action.
IMO, this would be absolutely fair.