Star Trek: Axanar (fan made film) - question for legal experts (1 Viewer)

[Riversco]

There has been a bit of a legal battle regarding the fan-made nonprofit film "Axanar" in 2016.  CBS / Paramount filed a lawsuit saying it violates copyright, even though they have allowed fan made Trek films for the past 15 years. Apparently: here were the issues:

1.  To produce Axanar, the makers of the fan film were building a set in a warehouse from crowd funded money that is intended to be used in the future for for-profit films.
2.  The film is HIGH quality, rivalling the JJ Abrams works.
3.  Its apparently very well written (at least for a fan film).

This isn't a fan film done in someone's garage.  Its on a very professional level.  There was some argument that this could result in Trek being ruled public domain in a court battle (but I wouldn't know).  Others claimed it could damage the IP to sue.

Anyway, there was just a settlement where CBS / Paramount has "allowed" them to produce two -15 minute segments for free to be released on youtube.  So instead of a 90 minute film you will get that.

Revelant links:

http://www.axanarproductions.com/

21 minute prelude to the film:
https://www.youtube.com/watch?v=1W1_8IV8uhA

Star Trek Legelnd David Gerrold (who wrote the famous Tribble eipsode) had a 3 part blog about why the lawsuit is a bad idea:

http://www.axanarproductions.com/david-gerrold-on-cbs-vs-axanar-part-1/
http://www.axanarproductions.com/david-gerrold-on-cbs-vs-axanar-part-2/
http://www.axanarproductions.com/david-gerrold-on-cbs-vs-axanar-part-3/

http://variety.com/2015/film/news/star-trek-crowdfunded-movie-axanar-sued-1201669522/

I know there are quite a few lawyers in this forum.  What do you guys think its future of fan made films?  Fan made films are going to start to be produced at VERY high quality in the years ahead.  How do you think those who holds IP rights to various works can / will / should respond?

 

[captain_amazing]

As you said, paramount has allowed fan-made films for many many years and there have been a slew of fan-made films in the Start Trek canon.  However, paramount released a set of rules last year about fan-made films for Star Trek, essentially doing away with them.  My guess is, over the past 15 years, they thought fan-made films would help keep the series alive, while much wasn't happening, prior to the recent films beginning in 2009.  With the films having huge success, creating huge new interest in the series (and probably making them very wealthy) along with the new TV series set to premiere this spring, I'm guessing they feel that fan films will do more harm than good for their brand and for their pockets, since they've now invested so much into the series.

Oh, and I'm obviously not a lawyer, but a fan.  Though, I'd guess they have absolute rights over their product and can do whatever they want.  I'd also guess that they'd have to essentially "abandon" the series for a lot longer than 15 years in order for anyone to claim any free legal rights to creating fan-made films against paramount's wishes.