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+ | {{:: | ||
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+ | ====== Court Orders Studios to Turn Over Documents ====== | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __ **// <wrap lo>**By [[user> | ||
+ | </ | ||
+ | <wrap lo>//See also: [[compel_discovery|Motion to Compel Discovery]]//</ | ||
+ | |||
+ | In a decision issued just hours after a hearing, [[federal_magistrate_judge_charles_f._eick|Federal Magistrate Judge Charles F. Eick]] ordered CBS and Paramount to give Axanar' | ||
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+ | In his order issued October 21 Eick told the studios' | ||
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+ | On Twitter, Axanar producer [[Alec Peters]], a named defendant, called the order "a big win in court today." | ||
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+ | <WRAP right round download 50%> | ||
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+ | </ | ||
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+ | > " | ||
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+ | However, with the exceptions in discovery requests listed below, the order officially denied the defense motion to compel discovery.((Judge Eick wrote: " | ||
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+ | ===== Withdrawals and Exemptions ===== | ||
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+ | The judge' | ||
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+ | <WRAP right round info 50%> | ||
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+ | </ | ||
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+ | The order exempted the required studio documents covered under attorney-client privilege but rejected the plaintiffs' | ||
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+ | ==== Privilege Log ==== | ||
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+ | Even though their attorneys may claim that many studio documents fall under the protection of attorney-client privilege, Eick ordered the plaintiffs to produce a [[supplemental_discovery# | ||
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+ | ===== What the Plaintiffs Must Turn Over ===== | ||
+ | |||
+ | The judge' | ||
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+ | ==== Axanar' | ||
+ | [{{ : | ||
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+ | Specifically, | ||
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+ | * All records the studios may have relating to the commercial impact of fan films on the studios' | ||
+ | * Documents and communications demonstrating how both the market for Star Trek has been affected by Axanar, and its actual financial impact ("or lack thereof" | ||
+ | * A limited summary showing only the studios' | ||
+ | |||
+ | ==== Fan Films ==== | ||
+ | |||
+ | Eick also required CBS and Paramount to produce the following documents, but only affecting the time period since 2009. | ||
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+ | * **Fan Films Since 2009** All non-privileged documents relating to Star Trek fan films, but only since 2009, the year the rebooted //Star Trek// motion picture, produced by J.J. Abrams, was released. Defendants had sought documents prior to 2009. <WRAP right round info 50%>< | ||
+ | * **Legal Action Against Fan Films** Documents referring to the studios' | ||
+ | <wrap lo> | ||
+ | </ | ||
+ | * **Axanar Takedown Notices** Documents and communications about whether the studios contemplated sending a [[wp> | ||
+ | * **Fan Film Guidelines** Documents related to any [[cbs_guidelines|fan film guidelines]] considered by the studios, including research, analysis, or communications. To the extent such documents involved legal issues, attorney-client privilege could well apply here, too. | ||
+ | |||
+ | === J.J. Abrams and Justin Lin === | ||
+ | |||
+ | Notably, the judge allowed the defense request for records regarding the May 20, 2016, statements made by Star Trek producer J.J. Abrams and director Justin Lin at a publicity event for //Star Trek Beyond//, specifically relating to Abrams' | ||
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+ | == ' | ||
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+ | However, as with the other documents, the court order exempted documents covered by attorney-client privilege, which is what the plaintiffs largely claimed explained their refusal to provide the documents in the first place. Given the plaintiffs' | ||
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+ | ==== Harm and Injury ==== | ||
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+ | Eick also ordered the plaintiffs to provide written responses to questions posed by the defendants regarding: | ||
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+ | * **HARM** The injury the studios claim to have suffered as a result of Axanar' | ||
+ | * **DAMAGES** A computation of the damages claimed for each cause of action in the lawsuit. | ||
+ | |||
+ | === Actual vs. Statutory Damages === | ||
+ | |||
+ | Under copyright law, however, the studios can elect to specify the basis on which they want to calculate damages against Axanar. Plaintiffs can opt for either actual damages caused by the alleged infringement, | ||
+ | ==== Producing Witnesses ==== | ||
+ | |||
+ | [{{ : | ||
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+ | The judge granted the defense request for the studios to produce witnesses for deposition who could discuss communications between the studios, J.J. Abrams and Justin Lin regarding fan films generally, the lawsuit, and Axanar. Those witnesses could well include Abrams and Lin themselves. | ||
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+ | At such depositions, | ||
+ | |||
+ | === Willful Infringement === | ||
+ | |||
+ | Defendants claim communications with Abrams and Lin are directly related to the studios' | ||
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+ | ==== Other Promised Records ==== | ||
+ | |||
+ | Finally, Eick ordered the plaintiffs to comply with all discovery-related promises previously made to defendants. | ||
+ | |||
+ | ===== What the Judge Denied ===== | ||
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+ | [{{ :: | ||
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+ | Despite what the defense successfully gained by the order, the judge turned down several of their requests: | ||
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+ | * **FINANCIAL INFORMATION** The defense lost its request for records of expenditures related to promotion or production of any Star Trek copyrighted works, including salaries paid to directors, producers, actors, and all others involved in the promotion or production the works. | ||
+ | * **STAR WARS** The defense wanted any CBS or Paramount records referring to Star Wars fan films and Lucasfilm' | ||
+ | * **TAKEDOWN POLICY** While the defense won documents related specifically to contemplated takedown notices for //Prelude to Axanar// and the Vulcan Scene, the court order did not grant the request for documents about the studios' | ||
+ | * **FAIR USE TAKEDOWNS** The defense had sought documents regarding the studios' | ||
+ | |||
+ | ==== Stance Toward Other Fan Films ==== | ||
+ | |||
+ | In resisting the broader requests regarding their takedown policies, CBS and Paramount had argued that Axanar had " | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |