Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision		Previous revision
defense_summary-filing [2016/11/17 21:45] – [Axanar Wants Summary Judgment, Says Studios ’Squashing Creativity’] adds see also link, edits lede to clarify Carlos Pedrazadefense_summary-filing [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
Line 1: Line 1:
 +<WRAP rightalign>
 +{{:arcanis-rubble-prelude.jpg|}} \\
 +<wrap lo><wrap lo>//Photo/Axanar Productions//</wrap></wrap>
 +</WRAP>
 +
 ====== Axanar Wants Summary Judgment, Says Studios ’Squashing Creativity’ ====== ====== Axanar Wants Summary Judgment, Says Studios ’Squashing Creativity’ ======
 {{TOC}} {{TOC}}
Line 12: Line 17:
   * None of Axanar's works are "substantially similar" to Star Trek.   * None of Axanar's works are "substantially similar" to Star Trek.
   * Axanar's works are protected by the [[fair use]] provisions of U.S. [[copyright_infringement|copyright]] law.((Defendants' Motion for Summary Judgment, Notice of Motion, 11/16/16.))   * Axanar's works are protected by the [[fair use]] provisions of U.S. [[copyright_infringement|copyright]] law.((Defendants' Motion for Summary Judgment, Notice of Motion, 11/16/16.))
 +
 +{{page>summary judgment box}}
  
 ===== Squashing Creativity ===== ===== Squashing Creativity =====
Line 23: Line 30:
 ==== 'Premature' Claim ==== ==== 'Premature' Claim ====
  
-The defendants' motion repeated an assertion made in the defense's [[motions to dismiss]], which was rejected months before by U.S. District Court [[Judge R. Gary Klasusner]], who will be the one ruling on the summary judgment motion and overseeing the trial if summary judgment fails to be granted.+The defendants' motion repeated an assertion made in the defense's [[motion_to_dismiss|Motions to Dismiss]], which was rejected months before by U.S. District Court [[Judge R. Gary Klausner]], who will be the one ruling on the summary judgment motion and overseeing the trial if summary judgment fails to be granted. 
 + 
 +=== 'Many Scripts' ===
  
 The defense claimed that because //Axanar// remained unproduced it shouldn't be liable for copyright infringement. Judge Klausner didn't buy that argument back in May: The defense claimed that because //Axanar// remained unproduced it shouldn't be liable for copyright infringement. Judge Klausner didn't buy that argument back in May:
Line 59: Line 68:
 As noted above, even performing the analysis cannot be done until the script is truly finalized, Ranahan claimed. That raised the question of whether CBS and Paramount had to purposefully allow infringement to occur — for which they've gathered a great deal of evidence — in order to be able to Peters for //Axanar//. As noted above, even performing the analysis cannot be done until the script is truly finalized, Ranahan claimed. That raised the question of whether CBS and Paramount had to purposefully allow infringement to occur — for which they've gathered a great deal of evidence — in order to be able to Peters for //Axanar//.
  
 +<WRAP right round box 50%>
 +//**__« None of Plaintiffs’ [Star Trek] works in this action are substantially similar to Defendants’ works. »__**// — //Axanar attorney Erin Ranahan//
 +</WRAP>
 ==== Fair Use ==== ==== Fair Use ====
  
Line 81: Line 93:
 === Transformative === === Transformative ===
  
-Ranahan asserted that //Prelude//'s short historical mockumentary style featuring first-person interview made it "especially unique and distinctive" from Star Trek, and allowed the defendants to "add critical commentary and analysis in order to highlight a comparison of concepts in the Star Trek universe to the present-day military industrial complex, thus serving a “completely different purpose” than the solely entertainment-focused Plaintiffs’ Works."((Defendants' Motion for Summary Judgment, Argument, Part C,  p. 16, 11/16/16.))+Ranahan asserted that //Prelude//'s short historical mockumentary style featuring first-person interview made it "especially unique and distinctive" from Star Trek, and allowed the defendants to "add critical commentary and analysis in order to highlight a comparison of concepts in the Star Trek universe to the present-day military industrial complex, thus serving a “completely different purpose than the solely entertainment-focused Plaintiffs’ Works."((Defendants' Motion for Summary Judgment, Argument, Part C,  p. 16, 11/16/16.))
  
 Dismissing Star Trek as "solely entertainment-focused" might come as a surprise to fans who have lauded the show for a half century for its famous social commentary. A Google search with the keywords "Star Trek social commentary" yields more than 759.000 results. Dismissing Star Trek as "solely entertainment-focused" might come as a surprise to fans who have lauded the show for a half century for its famous social commentary. A Google search with the keywords "Star Trek social commentary" yields more than 759.000 results.
Line 89: Line 101:
 On this final factor, the defense asserted that since Axanar's works were non-commercial and transformative. Therefore, the fact that Star Trek is a creative work that under copyright law should be "less likely to support a claim of a fair use"(([[http://www.copyright.gov/fair-use/more-info.html|More Information on Fair Use, Copyright.gov]], retrieved 11/17/16.)) is "not particularly important."((Defendants' Motion for Summary Judgment, Argument, Part C,  p. 19, 11/16/16.)) On this final factor, the defense asserted that since Axanar's works were non-commercial and transformative. Therefore, the fact that Star Trek is a creative work that under copyright law should be "less likely to support a claim of a fair use"(([[http://www.copyright.gov/fair-use/more-info.html|More Information on Fair Use, Copyright.gov]], retrieved 11/17/16.)) is "not particularly important."((Defendants' Motion for Summary Judgment, Argument, Part C,  p. 19, 11/16/16.))
  
-{{:axamonitor-ico.gif?nolink|}}+===== Timetable for Motion ===== 
 + 
 +<WRAP> 
 +{{::summary-timeline-2.png?direct|Timeline for Summary Judgment}} \\ 
 +<wrap lo>**THIS TIMELINE** lays out the events regarding motions for summary judgment both sides submitted to U.S. District Court on November 16. <wrap lo>//Click the image to view full size.//</wrap></wrap> {{:axamonitor-ico.gif?nolink|}} 
 +</WRAP>
  
 ---- ----
-**Keywords** {{tag>lawsuit defendants parties plaintiffs players copyright}}+**Keywords** {{tag>lawsuit defendants parties plaintiffs players copyright summary_judgment}}