Herr der Verboten
Honorary Master
Prelude to Axanar
Axanar is Coming! - The New Trailer!
I thought this died down after the lawsuit, but seems it is moving ahead.
About the lawsuit:
About The Lawsuit
Why did CBS & Paramount sue Axanar?
CBS and Paramount Pictures sued Alec Peters and Axanar Production for alleged copyright infringement. The lawsuit, filed in December 2015, was settled in January 2017. As CBS stated to us in settlement negotiations, in mediation with a judge, and in depositions, CBS sued Alec and Axanar Productions because Axanar looked too good!
Why didn’t Axanar Productions get CBS and/or Paramount’s permission to make PRELUDE TO AXANAR and AXANAR?
After lobbying CBS for 4 years for fan film guidelines, Alec Peters asked Liz Kalodner, the SVP of licensing for CBS, whom he had met with previously, for a meeting at the Las Vegas Star Trek convention in August, 2015. CBS head of Star Trek licensing John Van Citters and SVP of Consumer Products Bill Burke attended. CBS told us, “We will not tell you what you can do, and we will not tell you what you can’t do, but we will tell you when you cross the line.”
Did Axanar Productions know it was going to get sued?
No. In fact, Axanar Production’s executive, Alec Peters, read about the lawsuit online—after it was filed—the same day it was published by the trade press. There was never a “cease and desist” letter, or any other notice delivered to Axanar Productions or Alec Peters in advance of the lawsuit being filed. No phone call. Nothing. Which, considering Alec Peters’ history of volunteering for CBS on the CBS Star Trek Archive, and being a licensee at one point, is disappointing. It was also disappointing given that based on his meetings with CBS, Alec Peters believed he would be given some warning that would have allowed him to consider, and ideally resolve, CBS’s concerns before CBS sued him.
Did Axanar Productions attempt to settle the lawsuit when initially sued?
Axanar Productions made a settlement offer to Paramount and CBS within 48 hours of the lawsuit being delivered to the production’s offices, but it was rejected without a counter proposal. Axanar Productions continued its efforts to try and resolve the case and a settlement was finally reached in February 2017.
Why did CBS and Axanar settle the lawsuit?
In the trial, the judge made a poor legal ruling, denying a Fair Use argument to Axanar. Fair Use is a matter of fact, and thus a jury decision, not a matter of law, and thus the judge was in error. This decision granted Axanar the chance to appeal any verdict to the 9th Circuit Court of Appeals. CBS, not wanting to deal with suing its biggest fans for the two years it would take for the appeal to get to the 9th Circuit, approached us to settle the lawsuit. It was in the best interests of both parties, and so Axanar is allowed to make two more 15 minute episodes.
(see: https://axanar.com/faq/, for rest)
