In Part 2, ALIZA (uh-LEE-zuh) PEARL, the co-writer and star of THE LISTENER: SPECTRAL AWAKENING told us about how the series title was changed from Guinan: The Series even before the release of the new fan film guidelines in order to be able to keep to the vision that she and her co-writer/director Lamar Perry wanted.
We also discussed her experiences filming their new trailer at Industry Studios (now Ares Studios) and the support that she and Lamar have received from Axanar show-runner Alec Peters.
In Part 1, we got to meet ALIZA (uh-LEE-zuh) PEARL, the co-writer and star of THE LISTENER: SPECTRAL AWAKENING (the fan series formally known as Guinan: The Series). Last week, we discussed Aliza’s background as an actor, writer, and producer and also the origins of her project with co-writer and director LAMAR PERRY.
When last we left off, I had just asked about their reaction when they saw the new fan film guidelines from CBS…
Just when you thought you were out, I pull you back in! Yes, it’s AXANAR lawsuit time again…and I really didn’t expect this part to be quite so significant. Man, was I wrong!
As you may recall, the next major event in the Axanar case was supposed to be oral arguments for the motions for summary judgment in front of Judge R. Gary Klausner on Monday morning. But the judge canceled the in-person hearing and will be making his pre-trial rulings based solely on the documents filed by both parties. (This is not unusual. I’m told that Judge Klausner usually cancels oral arguments and rules based on filings.) This means that the judge’s rulings could come at any time…and this lawsuit could possibly even be over before it begins!
But if this case does go to trial on January 31, then yesterday (Friday) was an important deadline. It was the last chance each side had to challenge evidence and/or witnesses that the other side wants to use in court and present to the jury. This can potentially be pretty big. Imagine going into the big game with a few of your best players disqualified and benched. That could happen if the judge excludes one or more pieces of potentially key or damaging evidence from being used at trial!
The plaintiffs are challenging TEN different items of evidence and potential witnesses (like little ol’ me!) while the defense team is challenging NINE. I’ve consolidated all those separate motions into two huge PDF documents:
You probably don’t want to read all 140 pages (although there’s some interesting stuff in there!), so I’m gonna help ya out and do a summary…later this week. Assuming the judge doesn’t end the case before then, I’m gonna need at least a few days to parse through all this!
Except for the motion about me (starting on page 25). That one I wanna tackle right now because, dammit, it’s my frickin’ blog and I should be allowed a bit of self-indulgent righteous indignation every once in a while!
So let’s take a look at why the plaintiffs don’t want me ruining their case…
Usually, I do features and interviews about fan films that are either complete and already released or at least have posted an enticing trailer or teaser. But not always. Occasionally there’s a gem out there that’s worth covering even at a very early stage of development.
In this case the gem is a pearl, ALIZA PEARL to be precise. (And it’s pronounced “uh-LEE-zuh.”) And this pearl has an alter-ego: Guinan. Yes, THAT Guinan…the one made famous by actor Whoopi Goldberg on six seasons of Star Trek: The Next Generation. Aliza and her co-writer/director Lamar Perry set out to make a prequel to TNG focusing entirely on Guinan, her mysterious past, and the experiences that shaped her into the fascinating bartender and confidante of the USS Enterprise NCC-1701-D. The fan production was going to be called GUINAN: THE SERIES.
As you know from reading my many blogs, there’s a heck of a LOT of Star Trek fan films out there! And thanks to the annual Lucasfilm Star Wars Fan Film Awards (which have been going on since 2002), there’s at least as many (if not more!) Star Wars fan films out there!
But surprisingly, there’s almost no crossover Star Trek/Star Wars fan films on the Internet. And it’s not as though the idea of crossing the franchise streams is completely alien. Fans have edited together scenes from both franchises to create clever mash-ups where the USS Enterprise battles a Star Destroyer or Captain Picard confronts Darth Vader over the view screen. But try to find a film where fans themselves portray the characters of both realities at the same time, and you’ll be looking for a long while.
Fortunately, you don’t have to look…I found one for you!
The motions for summary judgment had been filed last month by both parties in the AXANAR lawsuit, followed by opposition briefs and reply briefs from both sides. Next Monday, at 9:00 a.m. at the Ninth Circuit Federal Court Building, lawyers from both sides were scheduled to appear before Judge R. Gary Klausner to argue the merits of their motions and oppose the other side. And I was planning to be there.
Looks like I don’t have to schlep to downtown anymore. The court just sent the following message to the attorneys in the case:
SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs CBS Studios Inc. and Paramount Pictures Corporation’s Motion for Partial Summary Judgment [72, 85] and Defendants Axanar Productions, Inc. and Alec Peters’ Motion for Summary Judgment [75], calendared for hearing on December 19, 2016, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED.
In other words, Judge Klausner will decide the motions based solely on the documents that have been filed. This is not unusual for him. In fact, I am told that it’s unusual for him to NOT cancel oral arguments!
And so his decision could come at any moment–today, tomorrow, next week–and when it does, you can believe I’m gonna post it as soon as I can!!!
Ever since the AXANAR legal team released my Executive Summary of “The History of Star Trek Fan Films” during the the discovery phase of the lawsuit, readers have been asking me to upload the document here on FAN FILM FACTOR. And here it is! Merry Christmas (or Happy Hanukkah).
I had initially written “The History of Star Trek Fan Films” to help out Alec Peters and Axanar. At the time that the lawsuit was first filed a year ago, I didn’t yet understand the intricacies of the case as I do now…and so I almost immediately confused copyright with trademark. I was wrong about that, and so my efforts wouldn’t help Alec win the case outright. But my document would still end up being useful in helping to argue for non-willful infringement if the jury found Alec Peters guilty of infringement.
As I’ve mentioned in previous blogs, willful infringement carries a penalty of $150,000 per violation. Non-willful infringement carries penalties as low as $200 per violation. So the difference between the two types of infringement in a verdict could literally be millions of dollars! And how can my document help to prove non-willful infringement?
You can rediscover the magic and wonder of Christmas in the pages of a touching and inspirational book…a book with my name on the cover!
Being Santa Clausis a heartwarming collection of memoirs from one of the world’s most dedicated, professional real-bearded Santas, and it’s the perfect gift to get for someone you love.
And I’m not just saying that because I co-wrote it! Santa Sal is truly one-of-a-kind, and in the pages of this book, you’ll learn why he is one of the most special and amazing Santa Clauses that you will ever read about.
What does any of this have to do with Star Trek fan films? Nothing, really (except that Santa Sal does happen to be a huge Trekkie, which we mention in the acknowledgements at the end). But no, this isn’t a blog post about fan films. However, I hope you’ll indulge me with some holiday goodwill, because I’d like to tell you about my white-bearded friend and the wonderful book we wrote together.
In July of 2014, STARSHIP VALIANT became the first of what would eventually be MANY Star Trek fan productions filmed at STARBASE STUDIOS (in Oklahoma City) to release a completed project onto the Internet. Their debut episode, “Legacy” featured scenes filmed on the bridge, on location outdoors at a cemetery, and in a house.
Back when the episode was first filmed, Starbase studios did not yet have any other sets besides the bridge. The following year, though, Starbase Studios built a 2-bed sickbay set, and Valiant was able to film an additional prologue sequence that helps explain event that happen later in the episode. In July of 2015, a special edition was released with brand new footage inserted at the beginning.
The premise (and promise) of Starship Valiant was, in the vision of show-runner (and lead actor) Michael L. King, to explore the human side of serving in Starfleet. Being in command is a heavy burden. And so while many other fan films enjoy focusing the action and excitement of the battle itself, Valiant would show the aftermath.
It’s been two and a half years since Starship Valiant debuted. Since then, actors/characters from that production have appeared in cameos in other Starbase Studios-produced fan films like Dreadnought Dominion, Melborne, and His Name Is Mudd. But fans were still eagerly awaiting a sequel to “Legacy.”
What they got, however, was more of a prequel. Set several years before the events of “Legacy,” the new episode “Crosses To Bear” does not feature Michael L. King’s character of Commander Bishop at all (although Michael still wrote and produced both episodes and directed this second one). Instead, this 22-minute story focuses entirely on Chief Medical Officer Roger Floyd and a very traumatic event in his life–two, in fact. And watch for an important, bare bones appearance by a very familiar Starfleet officer…played by fan film rookie Frank Jenks, whom I had the pleasure of meeting in Las Vegas (great guy!).
The entire production team–actors and crew–did a very impressive job on this release. It’s definitely worth watching…which you can do right here:
You can learn more about Starship Valiant on their website and on their Facebook page.
This time, we look at the equally fascinating Defendants’ reply to the Plaintiffs Opposition to the Defendant’s Motion for Summary Judgment. This is the way the law works, folks, with each side being given a fair chance to rebut the other side’s arguments and then to reply to those rebuttals. It is important to know copyright law even when dealing with owned property. If you are interested in finding out more about copyright law, you might want to check out somewhere like Bonamark to learn more.
As I mentioned last time, the plaintiffs’ latest filing comes in like a wrecking ball, angry and indignant and looking for strong emotion to carry the day. They want justice…and they don’t get particularly specific in describing what aspects of their intellectual property was copied and how. They give some general descriptions, like Klingons being “…a fictional, war-like species, speaking Klingonese, hailing from the planet Qo’noS and are known for engaging in battles with the Federation.” But they don’t go much further.
As you’ll see in a few moments, the Axanar defense team utilizes a very different approach. Less emotional and more (dare I say it?) logical, they go much deeper into the precise elements of copyright law and legal precedent. (As such, yeah, this is gonna be another long blog, folks…sorry.)
It’s the hammer versus the scalpel, and it’s time to see how an intellectual property “surgeon” operates…
In Part 2, ALIZA (uh-LEE-zuh) PEARL, the co-writer and star of THE LISTENER: SPECTRAL AWAKENING told us about how the series title was changed from Guinan: The Series even before the release of the new fan film guidelines in order to be able to keep to the vision that she and her co-writer/director Lamar Perry wanted.
