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faq [2016/04/03 12:10] – Carlos Pedrazafaq [2018/03/20 16:11] (current) – adds update notice Carlos Pedraza
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 ====== Frequently Asked Questions ====== ====== Frequently Asked Questions ======
-{{page>understanding}} 
  
 Here are the most **frequently asked questions** asked about the Axanar [[copyright infringement|copyright]] [[lawsuit]], with answers as documented in **AxaMonitor**. Please submit new questions. You can use the [[feedback|Send Feedback]] link in the lefthand navigation bar on any **AxaMonitor** page. Here are the most **frequently asked questions** asked about the Axanar [[copyright infringement|copyright]] [[lawsuit]], with answers as documented in **AxaMonitor**. Please submit new questions. You can use the [[feedback|Send Feedback]] link in the lefthand navigation bar on any **AxaMonitor** page.
 +
 +<WRAP important>
 +<wrap lo><wrap em>NEEDS UPDATE</wrap> Since the [[lawsuit|copyright lawsuit]] has been [[axanar_settles|settled]] this page requires updated information. This notice will be removed when the page has been updated. Please use the "Send Feedback" link on the lefthand navigation bar if you're looking for information that does not appear here.</wrap>
 +</WRAP>
  
 ==== Lawsuit ==== ==== Lawsuit ====
 +
 --> Why is Axanar getting sued?# --> Why is Axanar getting sued?#
-Basically, CBS and Paramount allege Axanar is illegally using their Star Trek copyrights for their own direct financial benefit. You can read a full summary of their reasons in this [[summary of the lawsuit]].+Basically, CBS and Paramount allege Axanar is illegally using their Star Trek copyrights for their own direct financial benefit. The judge's preliminary ruling summarizing the plaintiffs' allegations, Axanar's defenses and the court's decision [[fair_use_denied|is here]]. 
 + 
 +<-- 
 +--> Is the lawsuit really "going away"?# 
 +Major news media proclaimed the suit was to be "dropped" following the [[http://1701news.com/node/1201/abrams-axanar-lawsuit-going-away.html|unexpected announcement]] on May 20, 2016, by producer J.J. Abrams. What he actually said was that the suit was "going away" within a few weeks. CBS and Paramount jointly stated only that they were in settlement talks with Axanar, which was true even before Abrams' announcement. 
 +\\ \\ 
 +Things got more complicated when Axanar filed its [[answer|response to the lawsuit]] in federal court three days later, which included a counterclaim — essentially filing suit against CBS and Paramount, meaning CBS and Paramount can't unilaterally withdraw the suit until the counterclaim is dealt with or the suit is settled out of court.
  
 <-- <--
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 <-- <--
 --> Why are CBS and Paramount suing Axanar and not other fan films?# --> Why are CBS and Paramount suing Axanar and not other fan films?#
-This is a difficult question to answer because none of the other productions are parties to this or any other copyright suit brought by CBS and Paramount. The only avenue of inquiry currently available are the reasons outlined in just the Axanar lawsuit. \\+Because of the lawsuit, on April 20, 2016, CBS advised the producer of the sequel to //Star Trek–Horizon// to cancel its planned $250,000 crowdfunding campaign. Other fan productions have been contacted by CBS about curtailing — [[federation_falling|but not shutting down]] — their activities; none of them are being sued, however. This is a developing story. \\ 
 +\\ 
 +None of the other productions are parties to this or any other copyright suit brought by CBS and Paramount. The only avenue of inquiry currently available are the reasons outlined in just the Axanar lawsuit. \\
 \\ \\
 If you accept Axanar supporters' argument that other fan productions also infringe yet have had no legal action taken against them, then what are the remaining reasons that apply only to Axanar? \\ If you accept Axanar supporters' argument that other fan productions also infringe yet have had no legal action taken against them, then what are the remaining reasons that apply only to Axanar? \\
 \\ \\
-Of the seven causes of action, only two arguably are unique to Axanar: That "the <wrap hi>defendants enjoy a direct financial benefit,"</wrap>((Paramount et al., v. Axanar et al., amended complaint, p. 41 ¶62.)) and that they believe they are entitled to‭ “‬create‭, ‬distribute‭, ‬market‭, ‬advertise‭, <wrap hi>‬promote‭, ‬sell or offer for sale derivative Star Trek works‭.</wrap>((Paramount et al., v. Axanar et al., amended complaint, p. 42 ¶67.)) \\+Of the suit's causes of action, only two elements arguably are unique to Axanar: That "the <wrap hi>defendants enjoy a direct financial benefit,"</wrap>((Paramount et al., v. Axanar et al., amended complaint, p. 41 ¶62.)) and that they believe they are entitled to‭ “‬create‭, ‬distribute‭, ‬market‭, ‬advertise‭, <wrap hi>‬promote‭, ‬sell or offer for sale derivative Star Trek works‭.</wrap>((Paramount et al., v. Axanar et al., amended complaint, p. 42 ¶67.)) \\
 \\ \\
 Those two causes have in common one thing: commercial exploitation of Star Trek's copyrights that have generated more than $1 million for Axanar — the most money raised by any fan production. Those two causes have in common one thing: commercial exploitation of Star Trek's copyrights that have generated more than $1 million for Axanar — the most money raised by any fan production.
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 <-- <--
 --> Who are the 20 unnamed defendants?# --> Who are the 20 unnamed defendants?#
-We don't know yet, but we may [[scheduling_conference|soon]]. We know some things about [[does|whom they might be]], like writers, directors, producers, costume and set designers and others, and what kind of [[other_attorneys|legal trouble]] they may be in if they're named in the case.+We know that some of //Axanar//'s creative personnel — writers, directors, producers, costume and set designers and others — may have been among the 'Doe' defendants cited in the CBS and Paramount's legal complaint. However, according to the [[anatomy_of_the_case|calendar]] established by the judge in the case, the date to add defendants has passed, unless [[discovery]] in the case reveals others and the plaintiffs ask the judge to add them.
 \\ \\
 <-- <--
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 --> Why won't Star Trek allow fan films the way Star Wars does?# --> Why won't Star Trek allow fan films the way Star Wars does?#
-Apart from a formal contest with highly restrictive rules (including a five-minute time limit and limited use of pre-authorized sound effects),(([[http://www.starwars.com/star-wars-fan-film-awards|StarWars.com: Star Wars Fan Film Awards]], retrieved 3/7/16.)) most Star Wars fan films exist in the same legal gray area of "[[fan_films_breaking_the_unwritten_rules_and_defining_profit#Tolerating Fans' Infringement|tolerated use]]" as do Star Trek fan productions.+With the release by CBS and Paramount of new, restrictive [[cbs_guidelines|production guidelines]], Star Trek fan films will come to resemble the films produced under Lucasfilm's [[http://www.starwars.com/star-wars-fan-film-awards|Star Wars contest]], with limitations on running time, costumes, props and more. By contrast, the Star Wars contest imposes a five-minute time limit and limited use of pre-authorized sound effects. However, non-contest Star Wars fan films exist in the same legal gray area of "[[fan_films_breaking_the_unwritten_rules_and_defining_profit#Tolerating Fans' Infringement|tolerated use]]" as before, save Lucasfilm's restriction against crowdfunding. The new CBS guidelines do allow for crowdfunding up to $50,000.
  
 <-- <--
---> Why doesn't CBS simply give fan films clear rules about what they can and can't do?# +--> What about the new guidelines CBS and Paramount announced?# 
-Clear rules could actually cause legal problems for CBS, which, like many copyright holders, is unwilling to cede control over their own property. \\ +Following J.J. Abrams' promise that the Axanar lawsuit was "[[http://1701news.com/node/1201/abrams-axanar-lawsuit-going-away.html|going away]]," the two studios issued a statement in which they said they were working on a set of guidelines for fan films, something Axanar producer Alec Peters claimed he always wanted. \\
 \\ \\
-Writing in Plagiarism Today, Jonathan Bailey says the simple solution would seem to be "rigid rules for fan creations, to basically create guidelines that would ensure fans were safe," but that's unlikely to happen. "It’s impossible to predict exactly how fans will use the original work and <wrap hi>it’s very possible for a fan creation to comply with with the letter of the law but still be undesirable or even harmful to the original creation.</wrap> … Rightsholders want flexibility when it comes to dealing with fan creations and, with that flexibility, comes uncertainty. We’re not likely to see many rightsholders laying down hard rules, save in specific areas, and that is going to create a great deal more fan/creator conflicts in the near future."(([[https://www.plagiarismtoday.com/2016/02/25/how-money-and-fame-have-changed-fan-fiction/|Plagiarism Today: "How Money and Fame Have Changed Fan Fiction,"]] Jonathan Bailey, 2/25/16.))+Despite Peters' effort to propose his own [[axanar_guidelines|set of guidelines]], other fan productions quickly [[guidelines_backlash|disavowed]] them. Soon after, CBS and Paramount released a set of [[cbs_guidelines|official Star Trek fan film guidelines]] that would, among other restrictions, preclude the use of any film industry professionals and the running times of the major fan productions, including Axanar. 
 + 
 +<-- 
 +--> Why hadn't CBS previously given fan films clear rules about what they could and couldn't do?# 
 +CBS and Paramount, like many copyright holders, was reluctant to cede control over their own property but also wanted to avoid alienating their own fans. Pressured by their lawsuit against Axanar and the [[http://1701news.com/node/1201/abrams-axanar-lawsuit-going-away.html|public attention]] brought to fan films by producer J.J. Abrams and //Star Trek Beyond// director Justin Lin, the studios drafted and announced a set of [[cbs_guidelines|guidelines]] much more restrictive than the largely hands-off stance they had held up until Axanar. \\ 
 +\\ 
 +Plagiarism Today writer Jonathan Bailey points out that "Axanar may be a turning point in the relationship between rightsholders and fan fiction creators, a relationship that’s about to get a lot more complex." The effort by the studios to strike a balance between protecting their property and encouraging fans' creativity is likely a tentative one, hence the restrictions. Bailey theorizes that any rules are "going to create a great deal more fan-creator conflicts in the near future."(([[https://www.plagiarismtoday.com/2016/02/25/how-money-and-fame-have-changed-fan-fiction/|Plagiarism Today: "How Money and Fame Have Changed Fan Fiction,"]] Jonathan Bailey, 2/25/16.))
  
 <-- <--
 --> Don't other fan films pay people, too?# --> Don't other fan films pay people, too?#
-Fan films are largely run by volunteers. Yes, some do pay union actors and people who provide other services not otherwise available from volunteers, but they do not use crowdfunding to pay salaries to the producers themselves.+Fan films have been largely run by volunteers. While some have paid union actors and people who provide other services not otherwise available from volunteers, they have not used crowdfunding to pay salaries to the producers themselves. \\ 
 +\\ 
 +Under new fan [[cbs_guidelines|production guidelines]] imposed by CBS and Paramount, all participants must be unpaid amateurs and no professionals who have been employed by CBS and related companies can be involved, including Star Trek actors.
  
 <-- <--
 --> Why is paying producers such a bad thing?# --> Why is paying producers such a bad thing?#
-Copyright holders often [[fan_films_breaking_the_unwritten_rules_and_defining_profit|tolerate fan films]] but have drawn the line where their intellectual property is being commercially exploited. One sign of that is what the lawsuit calls "[[summary_of_the_lawsuit|direct financial benefit]]," which may include merchandise sales and salaries taken by the films' producers.+Until Axanar, copyright holders generally [[fan_films_breaking_the_unwritten_rules_and_defining_profit|tolerated fan films]] but drew the line where their intellectual property was commercially exploited. One sign of that is what the lawsuit calls "[[summary_of_the_lawsuit|direct financial benefit]]," which may include merchandise sales and salaries taken by the films' producers. 
 + 
 +The new fan [[cbs_guidelines|production guidelines]] now explicitly prohibit paying any participants in a fan film, as well as selling any physical merchandise (even as perks for crowdfunding campaigns).
  
 <-- <--
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 --> Axanar says they're totally non-profit.# --> Axanar says they're totally non-profit.#
-[[Axanar Productions]], Inc., is a registered for-profit corporation in the state of California. You can look it up yourself [[http://kepler.sos.ca.gov/|here]]. \\+At the time of its crowdfunding effort, and the entirety of the copyright lawsuit against it, [[Axanar Productions]], Inc., was a registered for-profit corporation in the state of California. On February 27, 2017, a month after the lawsuit was settled, Axanar amended its claimed status to a "public benefit corporation."  You can look it up yourself [[https://businesssearch.sos.ca.gov/|here]]. However, as of June 3, 2017, the California attorney general's database of charitable organizations continued to list Axanar's nonprofit status as "[[http://rct.doj.ca.gov/Verification/Web/Details.aspx?result=7a316379-b7c1-4ba7-ad40-dc91e79c098a|not registered]]."  \\
 \\ \\
-While its Star Trek films //Prelude to Axanar// and //Axanar// will have been made available for free, Axanar Productions is alleged by CBS and Paramount to have [[summary of the lawsuit|commercially exploited]] Star Trek copyrights for Axanar's "[[fan_films_breaking_the_unwritten_rules_and_defining_profit|direct financial benefit]]" through such means as [[merchandise|merchandising]] and salaries for producers and other staff.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report, 2015, Revised}}, p. 9, 12/15/15.))+{{::axanar-nonprofit.jpg?|}} \\ 
 +\\ 
 +While its Star Trek films //Prelude to Axanar// and //Axanar// will have been made available for free, Axanar Productions is alleged by CBS and Paramount to have [[summary of the lawsuit|commercially exploited]] Star Trek copyrights for Axanar's "[[fan_films_breaking_the_unwritten_rules_and_defining_profit|direct financial benefit]]" through such means as [[merchandise|merchandising]] and salaries for producers and other staff.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report, 2015, Revised}}, p. 9, 12/15/15.)) \\ 
 +\\ 
 +Those activities are now expressly prohibited by the studios' new fan [[cbs_guidelines|production guidelines]].
  
 <-- <--
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 Yes. According to the spending report in the Axanar Annual Report 2015, Revised, [[Alec Peters]] and other Axanar Productions staff were paid salaries. Peters' annual salary totaled $38,166.57, plus payment of his $3,099 dues to the actors' union, SAG-AFTRA.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report, 2015, Revised}}, p. 9, 12/15/15.)) \\ Yes. According to the spending report in the Axanar Annual Report 2015, Revised, [[Alec Peters]] and other Axanar Productions staff were paid salaries. Peters' annual salary totaled $38,166.57, plus payment of his $3,099 dues to the actors' union, SAG-AFTRA.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report, 2015, Revised}}, p. 9, 12/15/15.)) \\
 \\ \\
-All told, Axanar paid out $118,428.88 in salaries from the money raised in its [[Axanar Kickstarter Details|second Kickstarter]] campaign.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report, 2015, Revised}}, p. 9, 12/15/15.))+All told, Axanar paid out $118,428.88 in salaries from the money raised in its [[Axanar Kickstarter Details|second Kickstarter]] campaign.(({{:axanar-annual-report-v2.pdf|Axanar Annual Report, 2015, Revised}}, p. 9, 12/15/15.)) \\ 
 +\\ 
 +Under the new fan [[cbs_guidelines|production guidelines]], any such payments are now prohibited.
  
 <-- <--
 --> Is actor Tony Todd still in 'Axanar'?# --> Is actor Tony Todd still in 'Axanar'?#
-No. He left the project in September 2015 but the production didn't acknowledge this until December. In a [[tony todd|series of tweets]], he expressed concerns about Axanar's continuing production delays and accountability for its crowdfunding.+No. He left the project in September 2015 but the production didn't acknowledge this until December. In a [[tony todd|series of tweets]], the veteran Star Trek actor expressed concerns about Axanar's continuing production delays and accountability for its crowdfunding.
  
 <-- <--
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 === Axanar's Own FAQ === === Axanar's Own FAQ ===
 {{ :faq-typewriter.jpg?nolink&100|}} {{ :faq-typewriter.jpg?nolink&100|}}
-Axanar has published its own Frequently Asked Questions on its website. We've reproduced it on **AxaMonitor** [[axanar_website_faq|here]].+Axanar has published its own Frequently Asked Questions on its website. We've [[axanar_website_faq|reproduced it]] on **AxaMonitor**.
 </WRAP> </WRAP>
  
  
 ---- ----
-**Keywords** {{tag>crowdfunding commercial lawsuit copyright}}+**Keywords** {{tag>crowdfunding commercial lawsuit copyright fan_films}}