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takedown_analysis [2017/02/19 09:00] – [Can Axanar Sue?] Carlos Pedrazatakedown_analysis [2017/03/02 21:16] – [Can Axanar Claim 'Prelude' Copyright?] edit to clarify Carlos Pedraza
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 ====== The Shoe is on the Other Foot ====== ====== The Shoe is on the Other Foot ======
  
-//**Following Lawsuit, Axanar Ironically Claims Copyright Protection Against Fan Edit of 'Prelude'**//+//**Following Lawsuit, Axanar Ironically Claims Copyright Protection From Fan Edit of 'Prelude'**//
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 ===== Can Axanar Claim 'Prelude' Copyright? ===== ===== Can Axanar Claim 'Prelude' Copyright? =====
  
-Unlike CBS, Paramount, Lucasfilm and Disney, have for their works, Axanar's lack of a clear copyright hold on //Prelude// may impair its attempt to defend the film from such things as fan edits. According to Atlanta attorney Michael K. Stewart:+Studios like CBS, Paramount, Lucasfilm and Disney have a clear copyright for their works. By contrast Axanar's unclear copyright of //Prelude// may impair its attempt to defend the film from such things as fan edits. According to Atlanta attorney Michael K. Stewart:
  
 > Axanar does have a copyright in this film, at least in the original elements that they contributed. Even though it may be an unauthorized derivative work, the creator of the unauthorized derivative work still owns the copyright in it — even though the overall work may be infringing and he doesn't gain any rights into the pre-existing material he incorporated into the work. The myth that if you create an unauthorized derivative work, the copyright in that work is automatically owned by the party whose you infringed is just that — a myth. > Axanar does have a copyright in this film, at least in the original elements that they contributed. Even though it may be an unauthorized derivative work, the creator of the unauthorized derivative work still owns the copyright in it — even though the overall work may be infringing and he doesn't gain any rights into the pre-existing material he incorporated into the work. The myth that if you create an unauthorized derivative work, the copyright in that work is automatically owned by the party whose you infringed is just that — a myth.