|Paramount Pictures sues the crowdfunded short film Star Trek: Prelude to Axanar, and the lawsuit is gearing up for a trial: the court has already ruled on motions for summary judgment from the parties. It is still unclear which way the case will go, but the judge believes that the fan movie is not “fair use”.
Back in 2016, Star Trek producers filed a lawsuit against the makers of the fan film Star Trek: Prelude to Axanar, claiming that those infringe copyright. The fans were also going to produce follow-up feature film Axanar after the short film was received well.
However, the Star Trek copyright owners claim ownership over its settings, characters, species, clothing, short phrases and even the Klingon language, which can’t be used even by fans in non-commercial purposes. The court has already shared its opinion on some of the most important issues, responding to motions for summary judgment.
For instance, the fans informed the court that their video does not infringe Star Trek copyrights since it clearly falls under fair use. The problem is that the court didn’t agree: after weighing the 4 factors that define fair use, the judge decided that Axanar is not entitled to a fair use defense. He explained that even despite the fact that the movie will be distributed for free, its makers are still able to profit from it in other ways like resulting job benefits. Besides, the judge believes that the fan-made film went beyond fair use by including too many details of the Star Trek canon. Two more factors are the nature of the original movie and the effect on its market value: the court decided that they didn’t warrant a fair use qualification either.
Thanks to TorrentFreak for providing the source of the article. Posted by:
Saturday, January 7th, 2017
|Somebody need to download it!|
|It's on Youtube actually..... v=1W1_8IV8uhA take a peek. Kinda funny cuz the intro is all PBS style "provided by support from viewers like you"|
|I was waiting for this to be hit with a lawsuit for copyright infringement. I don't understand why people waste their money and do this. Make your own!|
|yea theyre all idiots who dont do a damn thing with their ip and then hate us for using it when they dont|
|Sam u rocks buddy|
|burn the whole system to the ground because its broken and it ain't worth fixing.|
|Well, when you make something and call it 'Star Trek' that pretty much opens you up to be sued by the people who own Star Trek. Regardless of what they state their intentions were, they designed it with the purpose to leach off the star trek franchise fans -with the underlying intention to benefit from it in some form or other.|
Sadly, we live in an age where both propaganda and misinformation is easily propagated by the Internet.
A quick check on "youtube". Sorry no full film found! Oh no it's a ghost film! Only trailers and the odd other snippets are found.
A check on "KS" where the film was funded.
Ah, Official comments state the film has not reached the finishing stages. It appears that Parawankers Studio has sued the company over an incomplete still born "Ghost Film". The law suit by Parawankers, is it seems based on the pre production trailers released to date.
Where to get the correct most up to date information. Ah, go to "KS" where it was funded.
Oh well, as they say, it is far better to hear it direct from the horses mouth. Should one listen to the misinformation, one can only travel down the wrong garden path, so as to speak.
|posted by (2017-01-08 13:58:03)|
|I just wish paramount would stop insulting their fans and let them make their own franchise live... Not like a fan made film will really hurt them at all, quite the contrary actually.|
|holy crap, they will get sued for doing something that may give them jobs.|
why dont the parawankers employ them and add restrictions in their contract.
obviously if they are being sued, it must be coz its good.
what about those 3 star trek continues episodes last year where the actor playing kirk even impersonated shatners crap acting?
|just go get the star trek new horizons mod for stellaris and edit the "mod" file|
on 2nd line where you see archive remove all the steam crap and put archive="mod/694575732/moo.zip"
as an example of master of orion mod ....they say with the new restrictions all fan based episodes or works cant be longer then 15 minutes and cant have mroe then 2 episodes related....
this wicked mod will give you hundreds of hours of trek universe fun....heck i even stopped playing there crappy star trek online
now on axanar yup they dropped the ball...had both sides said hey good idea lets do this as a one sseaon runner up to the new discovery show say....and you'd get a load a greatness and good will...corporations are such shitheads
oh and thanks to the last conservative govt of canada ..we used to have 50 year copyright..meaning that by years end of 2017 trek would have been public domain....seeeeeeee how we all are losing , and its costing those actors some work....and you and me and everyone some enjoyment of a derived work...which is what copyright is supposed ot be...
there movies are about the future (kirks timeline) so what should they care fill in a gap and get good will....
NO ONE DESERVES 80+ years to sit on there ass NO ONE.....imagine if at the door making company we had DOOR.RIGHTS and every time you entered a door via car or home or building you had ot pay me 10 cents ...imagine stuff like that..we'd all need dump trucks ...its why that system is truly doomed in the end as technology will set everyone free...at best one might in a far off age give them 5-10 years..if you cant make a buck by then , YOU DON'T DESERVE the ten cents you getting for it now
|chronoss2008 the copyright never runs out if it is renewed the original charlie chaplin and harold lloyd movies had renewed copyrights what happens is cbs buys the rights then renews it for a futher 25years, and if canada uses the same laws as in the uk, its only tv that runs for 25yrs, movies is longer. and youre right about technology, after inventing the cd and player, philips only had 5yrs free domain, before other tech companies reverse engineered them and made their own players, the actually disc had a longer copyright than the player|
|No surprise they had said that they would go after this if it proceeded and they told them twice so....|
@chronoss2008: There is no logic about it and its not about fair or even right and wrong its about GREED pure and simple. And if they don't get a penny real or imagined they feel butthurt and keep the bean counters busy raking up ledgers both real and approximated.
When Gordon Gecko In Wall Street Said "Greed is good" at like the end of the 80's it was funny. These guys took it to heart and made it a mantra and a goal. And set a timeline. And they use copyright as a content control and they keep buying the Pols. The old money is betting the house on the future cause they know that they are as done as dinosaurs unless they can retake the control of the content. Its a matter of survival and they know it. In my future vision they would not exist,and in their vision we wont. But I fear that their resolve and almost limitless access to resources may well outlast us. That's why war of attrition sucks. But it all remains to be seen.
|posted by (2017-01-09 08:58:04)|
|I have actually downloaded and watched Star Trek: Prelude to Axanar and was looking forward to the completed film. But now of course, the lawyers have most likely put an end to it. Not surprising really. But had the crowdfunding mob made a short film which used the overall concepts of Star Trek, but just called it something else and kind of went their own way with it, then it could have been something "new" that they could lay claim to. Anyway, as payback we'll ALL be pirating the crap out of the new Trek series when it comes out later this year, and CBS and Paramount can just go and suck eggs.|
|ah well shit happens,thats true the film is still gonna earn millions|
|WOW I watched the video on youtube, pretty impressive. I don't know why CBS and Paramount doesn't work together with them?|
|If it had been a parody porno, (like the This Ain't Star Trek films) it probably would have slipped under the radar. Seems the pervs at Paramount are okay with that kind of fan film. I sure hope they don't see lovs2build's avatar. Using images of Data, Riker and Picard in his avatar might be enough to get Paramount's lawyer's panties in a knot. Damn entertaining though.|
|thx sam & 11|
|posted by (2017-01-11 03:51:38)|
|So wait, the court determined that theoretically a person might get a job offer or benefit because they were associated with the film, and that this theoretical "income" nullified the notion that you're not doing it for profit? Under that standard, you have essentially ruled out the notion of doing anything for free, because you could suggest that someone might benefit from anything in some arcane way. This is a bad ruling - and if you researched it, I suspect you'd find it being ruled on by a Hollywood Judge with a history of this kind of Hollywood-friendly ruling.||
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