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axanar_settles [2017/01/20 14:48] – [Secret Terms, No Cash] Carlos Pedrazaaxanar_settles [2019/06/16 12:56] (current) – [The Future] Carlos Pedraza
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 +<WRAP>
 +//**__<wrap em>The Axanar Settlement</wrap>__**//
 +</WRAP>
 +
 <WRAP> <WRAP>
 {{::sunrise-sunset.jpg?direct|}}<wrap lo>**SUNRISE OR SUNSET** on Axanar? A settlement in the case may portend a new day for the beleaguered production or the closing chapter in a long, tortured story.</wrap><wrap indent><wrap lo><wrap lo>//Photo/Axanar Productions//</wrap></wrap></wrap> {{::sunrise-sunset.jpg?direct|}}<wrap lo>**SUNRISE OR SUNSET** on Axanar? A settlement in the case may portend a new day for the beleaguered production or the closing chapter in a long, tortured story.</wrap><wrap indent><wrap lo><wrap lo>//Photo/Axanar Productions//</wrap></wrap></wrap>
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 //**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap> //**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
 </WRAP>With its January 31, 2017, copyright infringement trial just 11 days away, Axanar producer Alec Peters settled with plaintiffs CBS and Paramount Pictures. </WRAP>With its January 31, 2017, copyright infringement trial just 11 days away, Axanar producer Alec Peters settled with plaintiffs CBS and Paramount Pictures.
 +
 +<wrap lo>//**See also**: [[fair_use_denied|Judge Denies Axanar Its Fair Use Defense]]//</wrap>
  
 ===== Settlement Terms ===== ===== Settlement Terms =====
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 > Paramount Pictures Corporation, CBS Studios Inc., Axanar Productions, Inc. and Alec Peters are pleased to announce that the litigation regarding Axanar’s film Prelude to Axanar and its proposed film Axanar has been resolved. Axanar and Mr. Peters acknowledge that both films were not approved by Paramount or CBS, and that both works crossed boundaries acceptable to CBS and Paramount relating to copyright law. > Paramount Pictures Corporation, CBS Studios Inc., Axanar Productions, Inc. and Alec Peters are pleased to announce that the litigation regarding Axanar’s film Prelude to Axanar and its proposed film Axanar has been resolved. Axanar and Mr. Peters acknowledge that both films were not approved by Paramount or CBS, and that both works crossed boundaries acceptable to CBS and Paramount relating to copyright law.
 +
 +<wrap lo>//See also: [[settlement_aftermath#overstepping copyright|Did Peters Actually Admit Copyright Transgression?]]//</wrap>
 +
 +Lawyers for CBS and Paramount formally filed papers with the court January 20 to dismiss the case.
  
 ==== Secret Terms, No Cash ==== ==== Secret Terms, No Cash ====
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 However, Axanar's Mike Bawden denied that came from an official spokesman: However, Axanar's Mike Bawden denied that came from an official spokesman:
  
-> I have no idea where that statement came from; the official spokespeople for Axanar Productions didn’t provide that information and won’t confirm or deny it now. Sorry. We just can’t talk about it.+> I have no idea where that statement came from; the official spokespeople for Axanar Productions didn’t provide that information and won’t confirm or deny it now. Sorry. We just can’t talk about it.((Email from Mike Bawden to AxaMonitor editor Carlos Pedraza, 1/20/17.))
  
-Even so, should Peters elect to move ahead with even a trimmed-down version of //Axanar//, may obstacles remained in his path. Among them:+Axanar's other spokesman, Morey Altman, later told **AxaMonitor** he was Ars Technica's source but that he was mistaken: 
 + 
 +> I was the one who told [Ars Technica] that Axanar wasn't paying damages. However, my information was incomplete having not been privy to the settlement agreement. … I spoke out of turn. This information is known only to the litigants and their legal representatives.((Email from Morey Altman to AxaMonitor editor Carlos Pedraza, 1/21/17.)) 
 + 
 +Apart from whether Axanar took a financial hit in the settlement, Peters' decision to move ahead with even a trimmed-down version of //Axanar// presented several obstacles in his path. Among them:
  
 === Remaining Obstacles === === Remaining Obstacles ===
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   * Pending complaints made to both the federal Internal Revenue Service and California's tax board about whether Axanar properly paid taxes.   * Pending complaints made to both the federal Internal Revenue Service and California's tax board about whether Axanar properly paid taxes.
   * A possible class action lawsuit brought by disaffected crowdfunding donors.   * A possible class action lawsuit brought by disaffected crowdfunding donors.
-  * Possible bankruptcy proceedings if Axanar fails to win other legal actions. This would be the second time Peters has declared bankruptcy for one of his companies. [[propworx-email|Propworx]] was the first, in which Peters left MGM holding the back for nearly a quarter-million dollars.+  * Possible bankruptcy proceedings if Axanar fails to win other legal actions. This would be the second time Peters has declared bankruptcy for one of his companies. [[propworx-email|Propworx]] was the first, in which Peters left MGM holding the bag for nearly a quarter-million dollars.
   * Possible thorough examination of Axanar's finances due to these other legal actions, unlike the [[financial_review_findings|constrained "independent" review]] Peters had promised.   * Possible thorough examination of Axanar's finances due to these other legal actions, unlike the [[financial_review_findings|constrained "independent" review]] Peters had promised.
 +
 +Judicial observer Janet Gershen-Siegel of the G&T Show noted other challenges Peters will face on the road to making //Axanar//:
 +
 +> If he 'keeps' the studio, that's not exactly a 'big win for Axanar', seeing as that white elephant bleeds serious coin in monthly rent and no one is leasing it. Why not? Because (a) the electricals are apparently not up to code and (b) there's a ton of competition in the area.
 +
 +Gershen-Siegel noted that Peters now "has to, you know, deliver with":
 +  * Less money (and the crowdfunding campaigns were already on diminishing returns before suit was even filed.
 +  * Donors who have already waited a //long// time and might not be interested in throwing good money after bad.
 +  * His actions and meltdowns all online for all to see.
 +
 +Axanar later indicated Burnett and Richter were permitted to work on the //Axanar// short under the terms of the settlement. Burnett, however, wouldn't confirm whether he would [[settlement_aftermath|stay on]].
 +
 ==== Scaled-Back Production Allowed ==== ==== Scaled-Back Production Allowed ====
  
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 === Many Cast, Crew Can't Participate === === Many Cast, Crew Can't Participate ===
  
-Under the terms of the fan film guidelines, Axanar will not be able to have participants who have previously worked for CBS or Paramount. That would seem to preclude director [[Robert Meyer Burnett]] and most of the professional actors, such as Soval actor Gary Graham, whom Peters had literally banked on to attract money from Star Trek fans.+Normally, under the terms of the fan film guidelines, Axanar would not be able to have participants who have previously worked for CBS or Paramount, which might have precluded director [[Robert Meyer Burnett]] and most of the professional actors, such as Soval actor Gary Graham, whom Peters had literally banked on to attract money from Star Trek fans.
  
 +The settlement, however, did allow Axanar to employ actors Richard Hatch, Kate Vernon, J.G. Hertzler and Graham, "but no other actors who have appeared in professional Star Trek productions." None of the production team appeared to be allowed to be paid as well.
  
 ==== 'Crossing Boundaries' ==== ==== 'Crossing Boundaries' ====
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 The terms require Peters to publicly acknowledge he and his company, Axanar Productions, crossed copyright boundaries they shouldn't have. The terms require Peters to publicly acknowledge he and his company, Axanar Productions, crossed copyright boundaries they shouldn't have.
  
-==== Prelude Remains on YouTube ====+==== Prelude Endures ====
  
-The settlement allowed Axanar to keep //Prelude// available on YouTube, commercial-free.+The settlement allowed Axanar to keep //Prelude// available on YouTube, commercial-free. It can also be exhibited at fan conventions, film festivals and non-commercial events. It cannot ever be shown at official Star Trek conventions.
  
 ===== History ===== ===== History =====
  
-Interestingly, the settlement terms appear to be virtually the same as those offered by CBS and Paramount in March 2016.+Interestingly, the settlement terms appear to be virtually the same as those in an early offering by CBS and Paramount by the time of the first face-to-face settlement conference in April 2016. **AxaMonitor** learned the details of that settlement offer — rejected by Peters — in May.
  
 ==== Looming Trial ==== ==== Looming Trial ====
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 ==== The Future ==== ==== The Future ====
  
-While Axanar's never-before-seen crowdfunding success and its ongoing commercial operations concerned CBS and Paramount, the settlement does allow Peters to crowdfund his future efforts. Under CBS' guidelines, fan films may raise up to $50,000 per 15-minute episode.+While Axanar's never-before-seen crowdfunding success and its ongoing commercial operations concerned CBS and Paramount, the settlement prohibits Peters from seeking public crowdfunding for //Axanar//, according to the statement. Private donations remain allowed.
  
 That appeared to make available up to $100,000 in crowdfunding to produce //Axanar// as a single two-part 30-minute episode. What that may look like will take some time for Peters to figure out, his statement said: That appeared to make available up to $100,000 in crowdfunding to produce //Axanar// as a single two-part 30-minute episode. What that may look like will take some time for Peters to figure out, his statement said:
  
-> For the next sixty days, Axanar Productions will be working through some final legal requirements requiring immediate attention. In addition, there are several pre-production issues that need to be re-visited before we can begin principal photography on our project.  +> For the next sixty days, Axanar Productions will be working through some final legal requirements requiring immediate attention. In addition, there are several pre-production issues that need to be re-visited before we can begin principal photography on our project. {{:axamonitor-ico.gif?nolink|}}
- +
-===== More Details ===== +
- +
-According to Axanar spokesman Mike Bawden, a more detailed statement was due to be sent to donors — not the press — "that will provide a little more insight." {{:axamonitor-ico.gif?nolink|}}+
  
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 **Keywords** {{tag>lawsuit settlement parties defendants plaintiffs}} **Keywords** {{tag>lawsuit settlement parties defendants plaintiffs}}