By Carlos Pedraza

More subpoenas, a completed audit of Axanar’s books and whom we might hear from at the copyright infringement trial were among the news in Axanar’s latest podcast episode, featuring producer Alec Peters, director Robert Meyer Burnett and co-writer Bill Hunt.

The trio appeared on episode 40 of the official Axanar Podcast, hosted by Trek.fm, to discuss the lawsuit, what Star Trek means to them and to mark its 50th anniversary by recalling favorite episodes and films.

Peters opened the podcast with news about the lawsuit brought against him and Axanar Productions by CBS and Paramount, Star Trek’s copyright holders.

Official Axanar Podcast Episode 40

With the case currently in discovery, Peters confirmed that Hunt, co-writer of Axanar‘s script, had received his subpoena for a deposition in October.

Peters himself, of course, is scheduled to be deposed, but Burnett complained, “I have yet to get any kind of subpoena,” adding he had been “through a Hollywood deposition before, and it’s kind of fun.”

See also: ‘Prelude’ Director's Deposition Postponed

Peters characterized the subpoena as simply, “show up to the deposition and we’ll talk about some stuff.” Among the materials requested in the subpoena were “anything we did that was inspired by Star Trek.” He said he would stipulate that Axanar is Star Trek.

Meanwhile, Peters said the defense is working on finding experts to testify in favor of Axanar’s emerging fair use defense. “It’s certainly a case that all Hollywood knows about,” he added.

“We have three different amazing experts who’ve offered to lend their services,” Peters said. “A lot of people have said to me they want to see this case go to trial, that it is an important case for Hollywood and artists’ rights.” Among them, he added, are “scholars [who] feel that copyright law has gotten out of hand in this country.”

Hunt pointed to a current copyright case surrounding the Buck Rogers character, who by rights should be in the public domain, while heirs of the creator assert they still hold copyright over the property. And in Canada, Peters added, Ian Fleming’s James Bond books (not the films) have fallen into the public domain.

Months after Peters said he would have Axanar’s finances independently examined, he revealed on the podcast, an accountant has completed detailed financial audit covering the past two years. “Here’s every dollar that we spent,” Peters said, adding “CBS has it” for the lawsuit.

Burnett took this opportunity to address the accusation that the production had fallen prey to mission creep, stating “you make the movie for the money that you have,” and Axanar’s crowdfunding success created the opportunity for a higher quality film.

“What has creeped is our demand for the quality,” Peters said. “Once we made Prelude [to Axanar], there was no way we could make a fan film like any other fan film that had ever been made before because that would have disappointed fans.”

Peters pointed to his original intent to film on the upstate New York sets where Star Trek: New Voyages is shot, but then-Axanar director Christian Gossett “refused to shoot in New York. He wanted to create our own studio. It also cost a lot more.”

He added, “I will never apologize for wanting to produce what we all wanted to produce because it would’ve been exactly what the fans wanted.”

Axanar’s mission was always to work within the system CBS apparently had for fan films, Peters said, but the studio refused “numerous requests for guidance.” Peters has previously criticized the fan production guidelines CBS eventually introduced in June 2016 as “draconian.”

Burnett pointed out that Star Trek Continues has continued to produce episodes that exceed those guidelines’ restrictions on length (30 minutes maximum) and employment of current or former Star Trek employees like Vic Mignogna, who is a voice actor for the Star Trek Online game.

“That’s all good for us,” Peters said. “Part of our argument is that there’ve been fan films for 40 years, [CBS] has always allowed them.”

Axanar critics often say, “You stepped over the line?” Peters said. “What was the line? No one knows what the line is. They [CBS] wouldn’t tell us.”

Peters said he couldn’t imagine why CBS chose to sue Axanar over other fan films. “The diff between what Axanar raised [$1.2 million] and what [Star Trek:] Renegades raised, $800,000, is minor. This is not the deciding factor. Yes, we raised more than everyone else but we didn’t do anything that anyone else hasn’t done before. We just did it differently, with a little more panache, if you will.”

Peters said Spock actor Leonard Nimoy’s son, Adam, told him Prelude was the first fan film that he loved. “I think there’s a reason for that, and we’ve carried forward that dedication to a level of quality that I will … never apologize for.”

Peters told the story of when the younger Nimoy turned to him for help on the Kickstarter campaign to fund production of the acclaimed documentary about Adam’s father, For the Love of Spock, which was released in Summer 2016.

Burnett recounted, “Adam asked, ‘how did you guys do what you did, how did you raise that money?’” in a meeting held on the Paramount Pictures lot.

“I basically helped Adam Nimoy with his Kickstarter,” Peters said. “I’m not going to take credit for it, but I helped him out with some free advice, and Diana helped him out with perks; they used Ares Digital.”

While the case is in discovery, Peters remarked it was ironic that Star Trek: Discovery, the upcoming television series, had recently been delayed from its original January 2017 premiere (the same month as the beginning of Axanar’s trial) to May. “Discovery … is set in 2255, the same year as Prelude to Axanar,” Peters observed. “I just find that an interesting point.”

alec “Bryan Fuller … I know he is a big fan of Axanar because I met him and he told us he was.” The thing we’re trying to do with Axanar is … we’re not reimagining Star Trek. We’re fitting it into the canon.“ By changing the look and feel of a known timeframe, it can’t be in the Prime timeline.

alec-“CBS happen to be the ‘current occupants’ that allegedly, I’m going to say allegedly, own Star Trek. They still have to prove that in court right now.” CBS got Star Trek in the divorce. “I don’t give a damn about CBS and Paramount. I’m a Star Trek fan.”

“cbs now allegedly — I have to keep saying that for legal reason — allegedly owns Star Trek. … there’s no one there who gives a damn about star trek” then goes on to name a number of people there who do. Do any of the c-level ppl care about st?

He thinks it’s a mistake to go back in time. “I’m disappointed that they’re going back, but I’m hopeful.” criticized all of CBS. “I won’t be subscribing to All Access.” Bill Hunt - “I’m not gonna watch it on CBS All Access.” will wait for the Blu-ray. Keeping an open mind.

Rob - Fan of Hannibal. The problem is as a lifelong st fan. writers said they were hampered by continuity. all these people and characters we know.

bill - the fandom environment makes it real tough

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