Axanar Issues Takedown Notice on YouTube, AxaMonitor Hosts Video on Facebook

See also: Meet the Fan Editor Who Made 'Prelude: Redux'

A pseudonymous fan of the short film Prelude to Axanar released an edited version on YouTube on February 15, 2017, that replaces controversial producer Alec Peters in the role of Garth of Izar.

Posted with the title, Prelude to Axanar: Redux, under a new YouTube account, “Tom Richardson,” the edit of shaves off four minutes and 12 seconds from the official release’s 21 minutes, 9 seconds.

WITHIN HOURS of the ‘Redux’ posting, Axanar had the Peters-free fan edit taken down from YouTube.

UPDATE On February 15, Axanar issued a takedown notice of the fan edit, despite CBS’ guideline prohibiting fan films from claiming copyright protection for their Star Trek works.

THE RECENTLY deceased Richard Hatch portrayed Klingon Commander Kharn the Undying in Prelude to Axanar.

A copy of the video is currently hosted on **AxaMonitor**'s Facebook page.

The fan edit replaces the introduction with a short dedication to actor Steve Inhat, who originally played Garth in the Star Trek episode, “Whom Gods Destroy,” on which Peters based the character he portrayed in the official Prelude.

Redux also honors the recently passed actor Richard Hatch, who played the Klingon commander, Kharn the Undying. Hatch died February 7 from pancreatic cancer.

The YouTube post included a short explanation from the fan editor, including boilerplate from the fan film guidelines and a link back to the full version of Prelude:

The following fan film “fan-edit” was made to honor the memory of Richard Hatch and Steve Ihnat. Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fan-made film intended for recreational use. No commercial exhibition or distribution is permitted. No alleged independent rights will be asserted against CBS or Paramount Pictures.¹⁾

Axanar filed a takedown notice bringing the fan edit down from YouTube on February 15.

Axanar previously filed takedown notices under the Digital Millennium Copyright Act when its "Vulcan Scene" and criticized trailers were posted on YouTube and Facebook. Axanar pulled the Vulcan Scene from public view shortly after the copyright infringement lawsuit was filed against it. After someone re-posted the Vulcan Scene on YouTube, Axanar sought to have it taken down. The person who posted it challenged the takedown notice and the Vulcan Scene remained online.

In the aftermath of Axanar’s lawsuit settlement with Star Trek’s owners, CBS and Paramount Pictures, Peters agreed to abide by the fan film guidelines released by the studios in June 2015. Guideline No. 9 would seem to preclude pursuing a copyright claim under the DMCA, however:

Creators of fan productions must not seek to register their works, nor any elements of the works, under copyright or trademark law.²⁾

Presumably, that would cover any attempt by Axanar to assert protection under copyright or trademark law against the otherwise infringing Redux.

Reached by AxaMonitor prior to the takedown, Axanar spokesman Mike Bawden he’d advocate for focusing instead on producing the Axanar episodes now authorized by the settlement:

Quite honestly, I’m encouraging everyone to move along and continue with the planning required to produce the two, fifteen-minute segments we’re allowed to produce to tell the story of Axanar, so I can’t say anyone is going to do anything about this.³⁾

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