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axanar_settles [2017/01/26 08:10] – [Secret Terms, No Cash] updates with spokesman's error re: Axanar payment in settlement 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. Lawyers for CBS and Paramount formally filed papers with the court January 20 to dismiss the case.
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 > 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.)) > 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's decision to move ahead with even a trimmed-down version of //Axanar// presented several obstacles in his path. Among them:+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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 Gershen-Siegel noted that Peters now "has to, you know, deliver with": 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.   * Less money (and the crowdfunding campaigns were already on diminishing returns before suit was even filed.
-  * No professionals, including possibly director Robert Meyer Burnett, and special effects wizard Tobias Richter. 
   * Donors who have already waited a //long// time and might not be interested in throwing good money after bad.   * 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.   * 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 use the following actors: Richard Hatch, Kate Vernon, J.G. Hertzler and Gary Graham, "but no other actors who have appeared in professional Star Trek productions." None of the production team is allowed to be paid, also.+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 Future ==== ==== The Future ====
  
-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 his statement. Private donations remain allowed.+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: