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knowing_infringement [2016/04/07 03:07] – Carlos Pedrazaknowing_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's podcast interview may make it difficult to prove Axanar didn't accidentally infringe upon Star Trek's copyrights.}}] +<WRAP box> 
 +{{::burnett-wondercon.jpg|}} \\ 
 +<wrap lo>**‘WE DON'T OWN STAR TREK’** //Axanar// director Robert Meyer Burnett's podcast interview may make it difficult to prove Axanar didn't accidentally infringe upon Star Trek's copyrights.</wrap> 
 +</WRAP>
 ====== Knowing Infringement? ====== ====== Knowing Infringement? ======
 +{{TOC}}
 +<WRAP>
 +//**__ __**// <wrap lo>**By [[user>cpedraza|Carlos Pedraza]]**</wrap>
 +</WRAP>
 +
 +<wrap lo>//Main article: [[Copyright infringement]] \\
 +See also: [[Motion to dismiss]] and [[burnett_resigns|Director Burnett Resigns from Axanar]] and [[hunt_resigns|Axanar Co-Writer Announces Departure]]//</wrap>
  
 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]]. 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]].
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 [{{ ::blind-panels.jpg?250&nolink|**BLIND PANELS** is a podcast dedicated to news of interest to blind and visually impaired comic book fans. Its [[http://www.stitcher.com/s?eid=43514532|22nd episode]] is Part 2 of an interview with Robert Burnett, covering his 15 years behind the scenes of landmark genre films. Blind Panels is created by [[http://ComicsEmpower.com|Comics Empower]].}}] [{{ ::blind-panels.jpg?250&nolink|**BLIND PANELS** is a podcast dedicated to news of interest to blind and visually impaired comic book fans. Its [[http://www.stitcher.com/s?eid=43514532|22nd episode]] is Part 2 of an interview with Robert Burnett, covering his 15 years behind the scenes of landmark genre films. Blind Panels is created by [[http://ComicsEmpower.com|Comics Empower]].}}]
  
-In that interview, Burnett started out striving to contrast Axanar's approach to the infringing nature of fan films with the way other fan films' do it.+In that interview, Burnett strove to contrast Axanar's approach to the infringing nature of fan films with the way other fan productions have done it.
  
 > 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.</wrap>(([[http://www.stitcher.com/s?eid=43514532|Blind Panels podcast]], "Episode 22: Star Trek Axanar - Robert Burnett, Part II, 4/1/16.)) <wrap lo>[//emphasis added//]</wrap> > 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.</wrap>(([[http://www.stitcher.com/s?eid=43514532|Blind Panels podcast]], "Episode 22: Star Trek Axanar - Robert Burnett, Part II, 4/1/16.)) <wrap lo>[//emphasis added//]</wrap>
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 [{{ ::4-years-war.jpg?nolink|**SOURCEBOOK** "The Four Years War," a game sourcebook published by FASA under a license from Paramount Pictures in 1986 was the inspiration for Alec Peters' story in the //Axanar// film.}}] [{{ ::4-years-war.jpg?nolink|**SOURCEBOOK** "The Four Years War," a game sourcebook published by FASA under a license from Paramount Pictures in 1986 was the inspiration for Alec Peters' story in the //Axanar// film.}}]
  
-That book was published by FASA Corp. in 1986 under license of, but copyrighted by, Paramount Pictures.(([[http://memory-beta.wikia.com/wiki/The_Four_Years_War|Memory Beta wiki, "The Four Years War,"]] retrieved 4/6/16.)), alongside a scenario book, "Return to Axanar."(([[http://memory-beta.wikia.com/wiki/Return_to_Axanar|Memory Beta wiki, "Return to Axanar,"]] retrieved 4/7/16.))+That book was published by FASA Corp. in 1986 under license by Paramount Pictures, which still owns the copyright,(([[http://memory-beta.wikia.com/wiki/The_Four_Years_War|Memory Beta wiki, "The Four Years War,"]] retrieved 4/6/16.)), alongside a scenario book, "Return to Axanar."(([[http://memory-beta.wikia.com/wiki/Return_to_Axanar|Memory Beta wiki, "Return to Axanar,"]] retrieved 4/7/16.))
  
 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, CBS and Paramount need to prove Axanar's copyright infringement via: According to the American Bar Association, CBS and Paramount need to prove Axanar's copyright infringement via:
 +
 +<WRAP right round important 50%>
 +<wrap lo>Note: Burnett was not named a defendant in the case. //See also: [[does|The Unnamed Defendants]]//</wrap>
 +</WRAP>
  
   * Direct evidence — This can include witness testimony, <wrap hi>the defendant’s own admission</wrap>, or photos or video catching the defendant in the act.   * Direct evidence — This can include witness testimony, <wrap hi>the defendant’s own admission</wrap>, or photos or video catching the defendant in the act.
   * Circumstantial evidence — Plaintiffs need to demonstrate the defendants had access to the copyrighted work, and that the defendants' work is “substantially similar” to the original.(([[http://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/elements_of_a_copyright.html|American Bar Association, "An Overview of the Elements of a Copyright Infringement Cause of Action,"]] Jason E. Sloan, retrieved 4/7/16.))   * Circumstantial evidence — Plaintiffs need to demonstrate the defendants had access to the copyrighted work, and that the defendants' work is “substantially similar” to the original.(([[http://www.americanbar.org/groups/young_lawyers/publications/the_101_201_practice_series/elements_of_a_copyright.html|American Bar Association, "An Overview of the Elements of a Copyright Infringement Cause of Action,"]] Jason E. Sloan, retrieved 4/7/16.))
- 
-<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 "[[does|Doe defendants]]" to be named later by the plaintiffs. 
-</WRAP> 
  
 However, Burnett's detailed description in the podcast of Axanar's looking for elements from as many copyrighted Star Trek sources as they could find may provide plaintiffs the direct evidence, and point them to supporting circumstantial elements in the preproduction and already filmed works for //Prelude to Axanar// and //Axanar//. However, Burnett's detailed description in the podcast of Axanar's looking for elements from as many copyrighted Star Trek sources as they could find may provide plaintiffs the direct evidence, and point them to supporting circumstantial elements in the preproduction and already filmed works for //Prelude to Axanar// and //Axanar//.
- 
 ===== Minimizing Damages ===== ===== Minimizing Damages =====
  
 Writing for the news site, TrekMovie.com, attorney Susan Kayler, who founded the Artists and Writers Legal Resource Center, took issue with the defense's characterization that "since there are so many copyrights it’s not Axanar’s fault they infringed them because how can anybody look up that many copyrights?"(([[http://trekmovie.com/2016/03/30/axanar-files-another-motion-to-dismiss-copyright-infringement-lawsuit/|TrekMovie.com, "Axanar Files Another Motion to Dismiss Copyright Infringement Lawsuit,"]] 3/30/16.)) Writing for the news site, TrekMovie.com, attorney Susan Kayler, who founded the Artists and Writers Legal Resource Center, took issue with the defense's characterization that "since there are so many copyrights it’s not Axanar’s fault they infringed them because how can anybody look up that many copyrights?"(([[http://trekmovie.com/2016/03/30/axanar-files-another-motion-to-dismiss-copyright-infringement-lawsuit/|TrekMovie.com, "Axanar Files Another Motion to Dismiss Copyright Infringement Lawsuit,"]] 3/30/16.))
  
-More likely, Kayler writes, the defense is attempting to minimize the potential damages of $150,000 per infringement to the $200 if the defense can show the infringement was accidental, not willful:+More likely, Kayler writes, the defense is attempting to minimize the potential damages of $150,000 per infringement allowable under the law to only $200 per infringement if the defense can show the infringement was accidental, not willful:
  
 > The motion, in part, is defendant’s attempt to claim ignorance and therefore avoid “willfulness” and higher damages.(([[http://trekmovie.com/2016/03/30/axanar-files-another-motion-to-dismiss-copyright-infringement-lawsuit/|TrekMovie.com, "Axanar Files Another Motion to Dismiss Copyright Infringement Lawsuit,"]] 3/30/16.)) > The motion, in part, is defendant’s attempt to claim ignorance and therefore avoid “willfulness” and higher damages.(([[http://trekmovie.com/2016/03/30/axanar-files-another-motion-to-dismiss-copyright-infringement-lawsuit/|TrekMovie.com, "Axanar Files Another Motion to Dismiss Copyright Infringement Lawsuit,"]] 3/30/16.))
  
-Again, Burnett's podcast comments may cast doubt on the defense's ability to demonstrate ignorance.+Again, Burnett's podcast comments may cast doubt on the defense's ability to demonstrate ignorance. {{:axamonitor-ico.gif?nolink|}}
  
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-**Keywords** copyright defendants players+**Keywords** {{tag>copyright defendants players}}