Paramount and CBS File Lawsuit Against Crowdfunded, Indie Star Trek Movie (hollywoodreporter.com)
An anonymous reader writes: Back in August, an Indiegogo campaign raised $566,023 to produce Axanar, a Star Trek movie in development by an independent group of fans, who also happen to be film professionals. Now, unfortunately but predictably, Paramount and CBS have filed a lawsuit in California federal court claiming their intellectual property is being infringed upon. They are "demanding an injunction as well as damages for direct, contributory and vicarious copyright infringement." The guy running the crowdfunded film is a lawyer, and he said, "We've certainly been prepared for this and we certainly will defend this lawsuit. There are a lot of issues surrounding a fan film. These fan films have been around for 30 years, and others have raised a lot of money." He said CBS/Paramount weren't willing to provide guidelines on what types of fan productions would be tolerated (unlike Lucasfilm with Star Wars), because they worry about setting precedent.
And thanks to those same companies lobbying efforts they're still able to enforce copyright on something, which by all rights, should have entered the Public Domain 21 years ago.
So much for the continued progress of the arts and science, Axanar looked like an interesting project - it was the first "real" Trek I'd seen in years and I was looking forward to the feature.
Been wondering if we couldn't use corporate law against them in this case, by pushing for ever longer terms they're missing out on profits - corporations are mandated to maximize profits. Paramount, by lobbying to extend the term lengths, is missing out on that sweet sweet Star Wars money (which should also be in the public domain) and thereby depriving their shareholders of a potential revenue steam.
I'm not a lawyer but I'd have to wonder if these guys could get some Paramount shares and counter sue?
Paramount and CBS are just worried that a bunch of amateurs working weekends with iPhones will make a better, more original, movie than J.J. - perhaps with even more saucer-section rising from the clouds/mist/ocean shots! ( That last one was an awesome shot to be sure but, seriously, do you have any idea how ridiculous it is to hide a starship on the bottom of the ocean? Or so I think I heard someone ask. )
Khaaaaan!
It must have been something you assimilated. . . .
Well, that's how copyright works. You don't have to justify why you treat derivative project A differently from derivative project B; unlike trademarks you aren't required to defend copyrights to maintain your monopoly on the material.
In fact I can think of one big advantage to not having a publicly announced policy as to why you are allowing project A: I'm thinking that a publicly announced policy might be construed as a kind of general license. You don't have to write that policy in away that anticipates all the ways that someone could harm your economic interests; if you think project B harms your bottom line in a way that project A does not, you can simply demand they stop and drop the legal hammer on them if they don't. Granted this leaves fan filmmakers in an uncertain situation, but that isn't Paramount's problem. Is that really more dickish than just going after everyone regardless of whether they hurt your interests?
In this case I think it's the combination of the people involved and the amount of money raised that has Paramount spooked. As long as a fan film is no better than amazingly good for an amateur production on a shoestring, that film is a net benefit to them; it amounts to free advertising for the franchise. But film pros with even a modest budget could potentially put out a product good enough to contest Paramount's control of what fans consider "canon".
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
"Science Officer Sock gleamed down the to surface of vacation planet Rizoff to investigate a disturbance between Klunkons and Anfloorians. Sock will take DNA samples from site of disturbance to analyze back in the science lab of the Fudderation ship, Boobyprize. However, fluffy creatures knows as 'Bebbles' have taken over the science lab. Sock asked Captain Kreck for additional resources to remove the Bebbles, but only Lieutenant Ohnono was available..."
Table-ized A.I.
Only if you think Star Wars, Doctor Who, Farscape and Firefly are obscure.
I have no idea what you're talking about.
Whoosh, I guess. I did get all his references and turned them back to things in the Star Trek canon.
In case anyone doesn't know the Farscape, "obscure" and "I have no idea what you're talking about" references...
In the 200th episode of Stargate SG-1, Vala (played by Claudia Black, who also played Aeryn Sun in Farscape) keeps coming up with story lines obviously ripped-off from other TV shows. Martin Lloyd says, "Here's some advice: if you're gonna rip something off, pick something a bit more obscure." Vala then imagines/describes a scene with SG-1 characters as Farscape characters:
After the cutaway, Martin Lloyd says, "I have no idea what you're talking about." Vala, clenches her fist and says, "Yes!"
It must have been something you assimilated. . . .
Fuck me, they cast LaBeouf?
"Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
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Call me skeptical but this sounds more like a lawyer who is going to intentionally cause some disruption, get sued, and then use the donations to pay for legal fees (providing an income) and maybe get them some fame (providing an income) even if they don't actually win their case.
"Oh, hi! I was doing this thing and I knew damned well that doing this was going to get me sued. If each of you help donate then we can fight this miscarriage of justice! We can thwart this hydra known as Paramount and the IP-cartels. All I need now, I just happen to be a lawyer, is some money to help keep this project afloat. You can send money by PayPal, BitCoin, Check, Money Order, or wire it directly to this account! Thank you for helping to keep this project alive and, keep in mind, if you donate this much money - we'll even try to ship a product and you'll get some bonus material if you help by donating even more money to our legal defense team!"
Yeah, I'm cynical, skeptical, jaded, disillusioned, disenfranchised, disgusted, pragmatic, and grouchy. However, it's rather convenient to have a lawyer on-board and one who mentions that they anticipated the lawsuit ahead of time. Perhaps there's some altruism, some shred of dignity, some actual intent to create...
"So long and thanks for all the fish."
That defense works if they're making something like Galaxy Quest.
If they are calling the film Star Trek, though, they've already shot down the defense that it's not Star Trek.
http://www.geoffreylandis.com