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knowing_infringement [2016/04/07 02:55] – adds RMB photo Carlos Pedraza | knowing_infringement [2018/03/06 09:39] (current) – [Minimizing Damages] adds tags Carlos Pedraza | ||
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- | [{{:interview_burnett_header.jpg|**DIRECTOR** Robert Meyer Burnett' | + | <WRAP box> |
+ | {{:: | ||
+ | <wrap lo>**‘WE DON'T OWN STAR TREK’** //Axanar// director | ||
+ | </ | ||
====== Knowing Infringement? | ====== Knowing Infringement? | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
+ | |||
+ | <wrap lo>// | ||
+ | See also: [[Motion to dismiss]] and [[burnett_resigns|Director Burnett Resigns from Axanar]] and [[hunt_resigns|Axanar Co-Writer Announces Departure]]//</ | ||
- | In a podcast interview released April 1, 2016, //Axanar// director [[Robert Meyer Burnett]] detailed how broadly and deeply he, the films' writers and producer [[Alec Peters]] foraged for source material in the body of Star Trek's copyrighted works. | + | In a podcast interview released April 1, 2016, //Axanar// director [[Robert Meyer Burnett]] detailed how broadly and deeply he, the films' writers and producer [[Alec Peters]] foraged for source material in the body of Star Trek's copyrighted works, creating a problem for one defense their attorneys appeared to set up in the recent [[motion to dismiss|dismissal motion]]. |
"We knew… we don’t own Star Trek. We know that," Burnett told the host of the [[http:// | "We knew… we don’t own Star Trek. We know that," Burnett told the host of the [[http:// | ||
- | In that interview, Burnett | + | [{{ :: |
+ | |||
+ | In that interview, Burnett | ||
> The problem with Star Trek fan films is they’re trying to recreate Star Trek. As good as their productions might be … you’re still watching actors that aren’t Kirk, Spock and McCoy. While they painstakingly recreate the bridge or the props and everything, <wrap hi>you know you’re not watching real Star Trek.</ | > The problem with Star Trek fan films is they’re trying to recreate Star Trek. As good as their productions might be … you’re still watching actors that aren’t Kirk, Spock and McCoy. While they painstakingly recreate the bridge or the props and everything, <wrap hi>you know you’re not watching real Star Trek.</ | ||
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[{{ :: | [{{ :: | ||
- | That book was published by FASA Corp. in 1986 under license | + | That book was published by FASA Corp. in 1986 under license by Paramount Pictures, which still owns the copyright,(([[http:// |
The FASA books portrayed the Battle of Axanar as the culmination of a war between Star Trek's United Federation of Planets and the Klingon Empire. | The FASA books portrayed the Battle of Axanar as the culmination of a war between Star Trek's United Federation of Planets and the Klingon Empire. | ||
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According to the American Bar Association, | According to the American Bar Association, | ||
+ | |||
+ | <WRAP right round important 50%> | ||
+ | <wrap lo>Note: Burnett was not named a defendant in the case. //See also: [[does|The Unnamed Defendants]]//</ | ||
+ | </ | ||
* Direct evidence — This can include witness testimony, <wrap hi>the defendant’s own admission</ | * Direct evidence — This can include witness testimony, <wrap hi>the defendant’s own admission</ | ||
* Circumstantial evidence — Plaintiffs need to demonstrate the defendants had access to the copyrighted work, and that the defendants' | * Circumstantial evidence — Plaintiffs need to demonstrate the defendants had access to the copyrighted work, and that the defendants' | ||
- | |||
- | <WRAP round important> | ||
- | Note that as of this writing((this article was first published 4/7/16.)) Burnett has not been formally named a defendant in the case. His job as director does fit within the positions identified in the legal complaint as " | ||
- | </ | ||
However, Burnett' | However, Burnett' | ||
- | |||
===== Minimizing Damages ===== | ===== Minimizing Damages ===== | ||
Writing for the news site, TrekMovie.com, | Writing for the news site, TrekMovie.com, | ||
- | More likely, Kayler writes, the defense is attempting to minimize the potential damages of $150,000 per infringement | + | More likely, Kayler writes, the defense is attempting to minimize the potential damages of $150,000 per infringement |
- | > The motion, in part, is defendant’s attempt to claim ignorance and therefore avoid “willfulness” and higher damages. | + | > The motion, in part, is defendant’s attempt to claim ignorance and therefore avoid “willfulness” and higher damages.(([[http:// |
- | Again, Burnett' | + | Again, Burnett' |
---- | ---- | ||
- | **Keywords** copyright defendants players | + | **Keywords** |