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+ | <WRAP box> | ||
+ | {{:: | ||
+ | <wrap lo> | ||
+ | </ | ||
+ | ====== Axanar Aiming for Appeals Court Victory ====== | ||
+ | |||
+ | //Are Defense Lawyers Assuming a Loss Before District Judge Klausner?// | ||
+ | |||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
+ | |||
+ | While preparing for his copyright infringement trial, Alec Peters told attendees of a virtual scifi conference his lawyers are already aiming for an appellate court victory, and that he is prepared to transform the format of //Axanar// to make it fall within copyright' | ||
+ | |||
+ | ===== Questions and Answers ===== | ||
+ | |||
+ | Peters' | ||
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+ | <WRAP right round box 50%> | ||
+ | //**__« Even if we were to lose at trial, an appeal would likely be very positive for us. »__**// — //Alec Peters, Axanar producer// | ||
+ | </ | ||
+ | |||
+ | ==== Precedent-Setting Case ==== | ||
+ | |||
+ | Given his attorneys' | ||
+ | |||
+ | > This case is being held in Southern California, and if it gets appealed it'll get appealed to the [[wp> | ||
+ | |||
+ | <WRAP right round info 50%> | ||
+ | {{ :: | ||
+ | **What is Second Life?** \\ | ||
+ | <wrap lo> | ||
+ | \\ | ||
+ | The event in which Peters appeared for a virtual question-and-answer session was the "Trek for a Cure" Faire, sponsored by the [[https:// | ||
+ | </ | ||
+ | |||
+ | <wrap lo>//See also: [[http:// | ||
+ | |||
+ | That interpretation of the Ninth Circuit Court of Appeals' | ||
+ | |||
+ | === Killing Fan Films === | ||
+ | |||
+ | Several of the questions centered on CBS and Paramount' | ||
+ | |||
+ | ==== Fair Use ==== | ||
+ | |||
+ | One questioner asked how Axanar could be sued if it was being produced without intending to profit. Peters | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | - What is purpose and character of the use, including whether the use is of a commercial nature or of nonprofit or educational purposes? | ||
+ | - What is the nature of the use, such as whether it is transformative, | ||
+ | - What amount of the original work used? Peters claimed Axanar "uses a very, very tiny portion of the copyrighted work of Star Trek." | ||
+ | - What is the effect of the use on the potential market for or value of the copyrighted work? | ||
+ | |||
+ | Of the four factors, Peters assessed Axanar against only the third, stating Axanar infringed upon only a "tiny portion" | ||
+ | |||
+ | === Side-by-Side Comparisons === | ||
+ | |||
+ | The [[summary_of_the_lawsuit|legal complaint]] spent 28 pages detailing alleged copyright infringements by running side-by-side comparisons of copyrighted [[summary_of_the_lawsuit# | ||
+ | |||
+ | The lawsuit noted Axanar took even more copyrighted elements, and that Peters intended //Prelude to Axanar// and //Axanar// to be prequels to the Original series, making them unauthorized derivative works, unlicensed by either CBS or Paramount.((Paramount et al., v. Axanar et al., amended complaint, p. 38 ¶48-51.)) | ||
+ | ==== Transforming ' | ||
+ | |||
+ | Asked how the outcome of the lawsuit might affect //Axanar//, Peters confirmed rumors that he and director [[Robert Meyer Burnett]] may change the way they tell the story of [[mema> | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | > One of the things we're hoping to do is make more episodes of //The Four Years War//, which is the documentary series that we made //Prelude to Axanar// in. … It's quite possible we'll take the movie script and make it in the four episodes of //The Four Years War//. | ||
+ | |||
+ | //Prelude// styled itself as "Part III" of a mockumentary, | ||
+ | |||
+ | Peters and Burnett have previously floated the idea that, produced as a fictional documentary, | ||
+ | |||
+ | ==== The Quality Argument ==== | ||
+ | |||
+ | The moderator repeated the often-heard but inaccurate notion that CBS and Paramount sued Axanar because it was too good, and asked Peters if that was true. Peters replied that //Axanar// itself had yet to be produced but that he was proud of the production values in //Prelude// and in the two-minute " | ||
+ | |||
+ | > Understand, of course, that we haven' | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | Peters neglected to mention, however, that after the lawsuit was filed in December 2015, he removed the Vulcan Scene from the Indiegogo [[https:// | ||
+ | |||
+ | The only publicly available copy of the [[yout> | ||
+ | |||
+ | ==== Further Fundraising ==== | ||
+ | |||
+ | One questioner wondered whether Peters needed to use any of its donors' | ||
+ | |||
+ | > At some point I'm sure there will be a fundraiser just for incidental costs.(([[yout> | ||
+ | |||
+ | Peters also encouraged one supporter to give him money using the Axanar website' | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | ==== Casting ' | ||
+ | |||
+ | Peters described how he cast so many well-known scifi actors in //Prelude to Axanar//, starting with Richard Hatch (// | ||
+ | |||
+ | Todd, of course, [[tony_todd|dropped the project]] a year before amid public concerns about Peters' | ||
+ | |||
+ | ===== Future Projects ===== | ||
+ | |||
+ | Prevented from producing //Axanar//, Peters told attendees he had "four or five different projects we're working on," mostly with new directors. He mentioned: | ||
+ | * One project with "a rather famous science fiction writer whom you all know." Curiously, he did not mention David Gerrold by name, even though he had repeatedly [[yout> | ||
+ | * "The Battle for Axanar," | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |