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summary_motions_filed [2016/11/17 10:20] – adds fair use sections, additional material throughout Carlos Pedrazasummary_motions_filed [Unknown date] (current) – external edit (Unknown date) 127.0.0.1
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 </WRAP> </WRAP>
  
-<wrap lo>//See also: [[summary_judgment|Explainer: Motions for Summary Judgment]] and [[defense summary-filing|Axanar Defense Also Asks Judge for Summary Judgment]]//</wrap>+<wrap lo>See also: //[[fair_use_denied|Judge Denies Axanar Its Fair Use Defense]]// and //[[summary_judgment|Explainer: Motions for Summary Judgment]]// and //[[defense summary-filing|Axanar Defense Also Asks Judge for Summary Judgment]]//</wrap>
  
 In a massive filing in U.S. District Court on November 16, 2016, plaintiffs CBS and Paramount Pictures produced evidence of a shocking amount of personal spending by defendant [[Alec Peters]] from money fans had contributed to produce //Axanar//, who then altered financial documents to hide spending from donors. In a massive filing in U.S. District Court on November 16, 2016, plaintiffs CBS and Paramount Pictures produced evidence of a shocking amount of personal spending by defendant [[Alec Peters]] from money fans had contributed to produce //Axanar//, who then altered financial documents to hide spending from donors.
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 The motion asked for a hearing before U.S. District [[judge_r._gary_klausner|Judge R. Gary Klausner]] on December 19 to hear arguments supporting the motion, as well as granting the plaintiffs' request for an injunction against Axanar, including ending any kind of distribution to Peters' Axanar works, including the already released //Prelude to Axanar//.((Plaintiffs' Notice of Motion and Motion for Partial Summary Judgment, p. 1, 11/16/16.)) The motion asked for a hearing before U.S. District [[judge_r._gary_klausner|Judge R. Gary Klausner]] on December 19 to hear arguments supporting the motion, as well as granting the plaintiffs' request for an injunction against Axanar, including ending any kind of distribution to Peters' Axanar works, including the already released //Prelude to Axanar//.((Plaintiffs' Notice of Motion and Motion for Partial Summary Judgment, p. 1, 11/16/16.))
  
-<WRAP right round alert 50%> +{{page>summary judgment box}}
-<wrap lo><wrap em>DEVELOPING</wrap> This is a developing story. This article will be constantly updated until this notice is removed.</wrap> +
-</WRAP>+
  
 Earlier in the day, Axanar surrogate [[http://fanfilmfactor.com/2016/11/16/confirmed-axanar-defense-team-will-file-a-motion-for-summary-judgement-later-today/|Jonathan Lane]] posted on his blog that the defense would also be filing its own motion, but the studios' documents — including evidence such as depositions from Peters, //Axanar// director [[Robert Meyer Burnett]] and other staff — were posted online first by the court. Earlier in the day, Axanar surrogate [[http://fanfilmfactor.com/2016/11/16/confirmed-axanar-defense-team-will-file-a-motion-for-summary-judgement-later-today/|Jonathan Lane]] posted on his blog that the defense would also be filing its own motion, but the studios' documents — including evidence such as depositions from Peters, //Axanar// director [[Robert Meyer Burnett]] and other staff — were posted online first by the court.
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 The Copyright Act defines the term this way: The Copyright Act defines the term this way:
  
-> The fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching ..., +> The fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching ... scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — \\ <wrap indent>1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;</wrap> \\ <wrap indent>2. The nature of the copyrighted work;</wrap> \\ <wrap indent>3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and</wrap> \\ <wrap indent>4. The effect of the use upon the potential market for or value of the copyrighted work.</wrap>
-scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work +
-in any particular case is a fair use the factors to be considered shall include —  +
- +
- - The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit +
-educational purposes; +
- - The nature of the copyrighted work; +
- - The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and +
- - The effect of the use upon the potential market for or value of the copyrighted work.+
  
 === Purpose and Character of the Use === === Purpose and Character of the Use ===
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 Among the specific and substantial elements Axanar copied were: Among the specific and substantial elements Axanar copied were:
  
- * The plot in the Original Series episode, “Whom Gods Destroy,” which introduced Axanar’s protagonist, [[mema>Garth of Izar]], portrayed by Peters himself in //Prelude//, and the Battle of Axanar. +  * The plot in the Original Series episode, “Whom Gods Destroy,” which introduced Axanar’s protagonist, [[mema>Garth of Izar]], portrayed by Peters himself in //Prelude//, and the Battle of Axanar. 
- * Story elements and the sequence of events Peters has admitted he took from the copyrighted, licensed Star Trek: The Role Playing Game supplement called “[[The Four Years War]].” +  * Story elements and the sequence of events Peters has admitted he took from the copyrighted, licensed Star Trek: The Role Playing Game supplement called “[[knowing_infringement#is_axanar_transformative|The Four Years War]].” 
- * Settings established by plaintiffs in various Star Trek works, including specific alien star systems and planets, such as Vulcan, the Klingon homeward Qo’noS and the planet of Axanar itself; //Axanar// also takes place on United Federation of Planets starships and Klingon battlecruisers. +  * Settings established by plaintiffs in various Star Trek works, including specific alien star systems and planets, such as Vulcan, the Klingon homeward Qo’noS and the planet of Axanar itself; //Axanar// also takes place on United Federation of Planets starships and Klingon battlecruisers. 
- * Copyrighted characters including Vulcans and Klingons, and specific characters such as Ambassador Soval and Garth of Izar.+  * Copyrighted characters including Vulcans and Klingons, and specific characters such as Ambassador Soval and Garth of Izar.
  
 Grossman asserted that //Axanar// copies Star Trek’s mood and themes by attempting to “re-create the drama between the Federation and the Klingon Empire in a military space drama,” in order to reproduce “the ‘heart’ of … the Star Trek universe.”((Motion for Partial Summary Judgment, Section 3, Part C, p. 15, 11/16/16.)) Grossman asserted that //Axanar// copies Star Trek’s mood and themes by attempting to “re-create the drama between the Federation and the Klingon Empire in a military space drama,” in order to reproduce “the ‘heart’ of … the Star Trek universe.”((Motion for Partial Summary Judgment, Section 3, Part C, p. 15, 11/16/16.))
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 The redacted portions referred to exhibits being submitted to support the plaintiffs' motion. Among the revelations: The redacted portions referred to exhibits being submitted to support the plaintiffs' motion. Among the revelations:
  
-  * Between his first and second depositions Peters appeared to have altered Axanar's financial documents to remove personal expenses he paid for with donor funds, including "tens of thousands of dollars of restaurant bills," gasoline, car and health insurance, auto maintenance and phone bills for himself, his girlfriend and another friend.((add citation from document here.))+  * Between his first and second depositions Peters appeared to have altered Axanar's financial documents to remove personal expenses he paid for with donor funds, including "tens of thousands of dollars of restaurant bills," gasoline, car and health insurance, auto maintenance and phone bills for himself, his girlfriend and another friend.((Exhibit 2 to Oki Declaration, "Paramount Pictures Corporation's Amended Responses to Interrogatories, Set One (Nos. 4, 5, 8 and 9)," Docket 75.4, p. 7, 11/16/16.))
   * Peters raised almost $1.5 million from Star Trek fans, much of which he used to pay himself, his friends and colleagues and that he also used the funds to lease and build out a commercial studio he hoped to use to produce other Star Trek projects and rent out to other commercial productions.   * Peters raised almost $1.5 million from Star Trek fans, much of which he used to pay himself, his friends and colleagues and that he also used the funds to lease and build out a commercial studio he hoped to use to produce other Star Trek projects and rent out to other commercial productions.
-  * Peters testified his intention in creating //Axanar// Works was to be “ridiculously accurate” to Star Trek and to “make sure every little detail adheres to canon.”((add citation here.)) +  * Peters testified his intention in creating //Axanar// Works was to be “ridiculously accurate” to Star Trek and to “make sure every little detail adheres to canon.”((Plaintiffs' Notice of Motion and Motion for Partial Summary Judgment (redacted), Docket 72, p. 5, lines 5-7, 11/16/16.))
 ===== Undisputed Facts ===== ===== Undisputed Facts =====
  
-Along with the actual motion, the studios' attorneys included a document, "Uncontroverted Facts and Conclusions of Law," [[required by the court]] to support the plaintiffs' motion for partial summary judgment.+Along with the actual motion, the studios' attorneys included a document, "Uncontroverted Facts and Conclusions of Law," [[summary_judgment#what_s_in_the_motion|required by the court]] to support the plaintiffs' motion for partial summary judgment.
  
 ===== Evidence ===== ===== Evidence =====
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 <-- <--
 +\\
 +===== Timetable for Motion =====
 +
 +<wrap lo>See also: //[[fair_use_denied|Judge Denies Axanar Its Fair Use Defense]]//</wrap>
 +
 +On January 4, 2017, Judge Klausner denied both motions for summary judgment but also rejected Axanar's fair use defense — the central part of its case.
 +
 +<WRAP>
 +{{::summary-timeline-2.png?direct|Timeline for Summary Judgment}} \\
 +<wrap lo>**THIS TIMELINE** lays out the events regarding motions for summary judgment both sides submitted to U.S. District Court on November 16. <wrap lo>//Click the image to view full size.//</wrap></wrap> {{:axamonitor-ico.gif?nolink|}}
 +</WRAP>
  
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-**Keywords** {{tag>lawsuit parties defendants plaintiffs copyright}}+**Keywords** {{tag>lawsuit parties defendants plaintiffs copyright summary_judgment}}