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 Posted:   Jan 1, 2016 - 9:52 AM   
 By:   johnjohnson   (Member)

Just out of interest, if Axanar was an original concept rather than a Trek derivative, I wonder how the producers would feel if Paramount came along and made a professional version of their film, without permission, without obtaining legal rights.

I imagine they would be pretty pissed off.


Wonder what that means for the other fan productions?

 
 Posted:   Jan 2, 2016 - 11:29 PM   
 By:   Adm Naismith   (Member)

Just out of interest, if Axanar was an original concept rather than a Trek derivative, I wonder how the producers would feel if Paramount came along and made a professional version of their film, without permission, without obtaining legal rights.

I imagine they would be pretty pissed off.


It's not quite the same thing.
These fan films are acknowledged as coming from a existing property. No one on the fan or the studio side denies where the source material comes from, or how it's being exploited. AND the studio has allowed these fan films to exist for many years.

The Paramount/CBS reaction is really quite extreme, considering.

 
 
 Posted:   Jan 3, 2016 - 3:10 AM   
 By:   Mike_J   (Member)

Just out of interest, if Axanar was an original concept rather than a Trek derivative, I wonder how the producers would feel if Paramount came along and made a professional version of their film, without permission, without obtaining legal rights.

I imagine they would be pretty pissed off.


It's not quite the same thing.
These fan films are acknowledged as coming from a existing property. No one on the fan or the studio side denies where the source material comes from, or how it's being exploited. AND the studio has allowed these fan films to exist for many years.

The Paramount/CBS reaction is really quite extreme, considering.


Sorry, but I think it's exactly the same. Acknowledgement of a trademark does not magically stop it being an infringement.

Nor is it in any way relevant that fan films have been around for years. The fact that Paramount haven't sued before is not a precident to say they now can't.

My own take on this is that Axanar has blurred the lines between fan movie and professional production, especially given the apparent budget and all the inherent merchandise (like selling the soundtrack). Yes, the producers say Axanar is a not-for-profit enterprise - but are Paramount expected to just accept that? A lot of people who defraud global taxation regulations use precisely the same argument about not making a profit.

From a purely commercial point of view, I think it is totally understandable that Paramount / CBS are litigating this. I do exactly he same if I was the rights holder.

 
 
 Posted:   Jan 3, 2016 - 3:31 AM   
 By:   Mike_J   (Member)

Wonder what that means for the other fan productions?

I expect this will settle out of court so there will no definitive ruling. But if it is litigated to trial then the decision will set down the parameters for future fan productions.

Could it actually prevent fan movies being made at all? Quite possibly. For all the fan talk about amateur productions being a "gray area", there isn't actually much ambiguity at all. The law doesn't distinguish between "amateur" and "professional" trademark infringement and it isn't a defence that the fan productions acknowledge who actually own the intellectual property rights.

Lucasfilm came up with a pretty innovative way of handling this situation a few years ago, by introducing an annual Fan Film award scheme. This sets down specific guidelines for how an amateur movie must be made and, subject to productions conforming to those rules, Lucasfilm waive any argument that the IP rights associated with Star Wars have been breached. If Paramount were to do something similar with the Trek franchise (which lets face it is worth significantly less that the Star Wars IP) then this would at least remove some of the uncertainty.

One thing that has always puzzled me about these fan productions, though. John, you and I grew up making little home movies and we never dreamt of being able to do anything anywhere near as polished and professional looking as stuff like Axanar and New Voyages because we were limited to very expensive Super 8, rather than having access to affordable HD video and SFX packages. But with all that stuff now available to amateur movie makers today - and with all the huge talent out there - why on Earth are they not making original material instead of regurgitating Star Trek and Star Wars?

 
 Posted:   Jan 3, 2016 - 5:07 AM   
 By:   Metryq   (Member)

Mike_J wrote: But with all that stuff now available to amateur movie makers today - and with all the huge talent out there - why on Earth are they not making original material instead of regurgitating Star Trek and Star Wars?

This is the point I was going to make about the professionals, and I have an answer for it.

Professionals and amateurs could both "come up with something new," only the pros are especially motivated not to. They've discovered that all they have to do is stamp the franchise logo on the new product—no matter how bad it is—and the fans will eat it up.

This is not to say all sequels or series are uniformly dreck, but it has become the norm these days. Oh sure, there were "remakes" when I was a kid, but such movies—both the original and the remake—were based on some popular book. Nowadays we have the "reboot," which often comes across as more of a parody of the original than a serious continuation of it. (Tell me honestly that STAR TREK 2009 was not a cheap parody.)

I understand the protection of IP, but many pros need to sue themselves for creative laziness before they go beating the bushes for amateurs.

 
 Posted:   Jan 3, 2016 - 8:27 AM   
 By:   Justin Boggan   (Member)


I understand the protection of IP, but many pros need to sue themselves for creative laziness before they go beating the bushes for amateurs.

This isn't some studio picking on a little guy just because they feel threatened by their IP slip showing. Alec Peters has gone beyond merely a fan film and has said it several times. There's well over a hundred pages, so I can't go threw it all to find quotes and transcribed quotes from pictures, but here's a sampling:

When people saw our 20 minute short film, we got buzz in the industry--better than anything J.J. Abrams is doing.


We're giving Star Trek fans what they're not getting from the studios."


We're on the cutting-edge of entertainment media. Others build sets but we're building a real studio style production."


It is important to remember that what started out as a glorified fan film is now a fully professional production.


Please note that we are a professional production.


EVERYTHING costs more when you are a professional production and not a fan film.


In regards to his studio, Ares Studios: "This will allow us to not only make 'Axanar' but other Star Trek projects after Axanar and other Sci-Fi projects.

Help us fund the Axanar full-length feature film by purchasing Axanar Coffee. A portion of the sales price goes directly to the film-makers of Axanar.
http://www.axanarcoffee.com/


Maybe CBS feels threatened by the quality of what we’re doing.


CBS quotes Peters saying the following: "look and feel like a true Star Trek movie"

And Peters is calling it a feature film that, even though he's been sued, still says will go into production in February.


By his own admission he's making a feature film, says it's better than the man helmning CBS' current film franchise, and is stating he's directly challenging them. He has no persmission, is paying nothing to them, is profitting, with their property, and is intentionally trying to compete with them both film wise but even possibly series wise. He's poking them in the CBS eye with their own fingers and bragging about it.

This isn't David vs. Goliath, this is David vs. another kid calling himself David and how he'll be a better David than David is.

The more I read about this, the more clear it becomes: CBS HAD to do something about it. I'm only surprised they didn't earlier.


Oh, and the best thing about waking up, isn't Axanar coffee in your cup.

 
 Posted:   Jan 3, 2016 - 9:15 AM   
 By:   Solium   (Member)

Mike_J wrote: But with all that stuff now available to amateur movie makers today - and with all the huge talent out there - why on Earth are they not making original material instead of regurgitating Star Trek and Star Wars?

This is the point I was going to make about the professionals, and I have an answer for it.

Professionals and amateurs could both "come up with something new," only the pros are especially motivated not to. They've discovered that all they have to do is stamp the franchise logo on the new product—no matter how bad it is—and the fans will eat it up.

This is not to say all sequels or series are uniformly dreck, but it has become the norm these days. Oh sure, there were "remakes" when I was a kid, but such movies—both the original and the remake—were based on some popular book. Nowadays we have the "reboot," which often comes across as more of a parody of the original than a serious continuation of it. (Tell me honestly that STAR TREK 2009 was not a cheap parody.)

I understand the protection of IP, but many pros need to sue themselves for creative laziness before they go beating the bushes for amateurs.


Sad but true. They don't have to work very hard at all. Branding sells. Perhaps we have finally taken nostalgia to far and it's cluttered the mind. I've said from day one Trek 2009 was a parody! Such irony that professional studios are putting out amateur work and calling it a day. JJ has proven his amateur status with two franchises now. Still what Axanar dude is saying and doing is delusional. He needs his ares sued.

 
 
 Posted:   Jan 3, 2016 - 2:03 PM   
 By:   Simon Underwood   (Member)

*searches for the franchises that have "proved" JJ Abrams is at "amateur status"*

Nope, can't see anything.

 
 Posted:   Jan 3, 2016 - 2:21 PM   
 By:   Metryq   (Member)

Solium wrote: Still what Axanar dude is saying and doing is delusional. He needs his ares sued.

I agree. I wasn't defending AXANAR as an amateur project. I remember being impressed by the first trailer I saw. The sad part is that the AXANAR group didn't pitch the idea to CBS as a franchise installment in the first place—because it does look better than the tepid fare that has been shoveled at us (since before CBS bought TREK).

Sturgeon was stating basic statistics when he said "90% of everything is crud." That's the bell curve. As already noted, production tools are far more capable and inexpensive than when TOS first aired. So production quality shouldn't be a problem. Granted, the finest tools will not turn a novice into a great artist. Yet huge amounts of money and talent are being pumped into the TREK franchise—just not in the writing department.

The frustrating aspect of all this is that we've seen how good TREK can be, but hasn't been for a long time.

 
 Posted:   Jan 3, 2016 - 8:04 PM   
 By:   Adm Naismith   (Member)

>Snip<

Eh- whatever.

 
 Posted:   Jun 25, 2016 - 8:49 AM   
 By:   johnjohnson   (Member)

http://www.avclub.com/article/paramount-and-cbs-issue-10-star-trek-fan-film-comm-238731

 
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