Major FAIR USE showdown coming in DR. SEUSS/STAR TREK copyright lawsuit! (part 2)

Yesterday, I recounted the two-year history of Star Trek‘s “other” major infringement lawsuit. Back in 2016, tribble creator DAVID GERROLD and comic book artist TY TEMPLETON teamed up to create what they considered to be a parody mash-up of Star Trek and Dr. Seuss, a book they intended to call Oh, the Places You’ll Boldly Go! Along with publisher ComicMix, they launched a Kickstarter which took in about $30,000 before being shut down when Dr. Seuss Enterprises (DSE) sued all three of them for both copyright and trademark infringement. No money was ever collected from the crowd-funding campaign.

It’s just over two years later, and after a roller coaster ride for both plaintiff and defendants (see Part 1), we’re now in the final weeks before the start of the actual trial in early spring.

Or are we?

Following long months of motion-filing, jockeying for position with Judge JANIS SAMMARTINO of the Federal Ninth Circuit, and collecting pre-trial testimony and documents from witnesses during the discovery phase, it’s time for one final “Hail Mary” pass from each side.

Yesterday, I reviewed the defense team’s motion to dismiss the case (read it here in its entirety) on the grounds that DSE didn’t really prove any realistic monetary damages (meaning that the mash-up should be considered as Fair Use and the complaint dismissed) and also that DSE’s remaining two trademark claims from font and art style weren’t valid. The defense arguments were solid and generally convincing…at least to me.

But then I read through the plaintiff’s motion for summary judgment. Like the defense team, DSE would like this case to end before it ever goes to court (and they rack up another six figures in legal bills!). But while Team Mash-up wants the judge to dismiss the lawsuit entirely, DSE would prefer the judge to rule that the defendants are obviously liable for multiple counts of willful copyright and trademark infringement and should be forced to pay hundreds of thousands of dollars in damages. And why trouble a jury when the final verdict is so obvious?

Are the plaintiffs as convincing as the defendants? Let’s take a look…

Continue reading “Major FAIR USE showdown coming in DR. SEUSS/STAR TREK copyright lawsuit! (part 2)”

Major FAIR USE showdown coming in DR. SEUSS/STAR TREK copyright lawsuit! (part 1)

Many Fans down in Fanville like mash-ups a lot.
But Dr. Seuss Enterprises, or DSE for short, did not.

DSE owns the rights, it isn’t in question,
to the late Dr. Seuss’ entire literary collection.

So when David Gerrold, the man who created the tribbles,
tried to mix Seuss and Star Trek, DSE had their quibbles.

In fact, they filed a federal suit,
for infringement of copyright…and trademark, to boot!

The defendants were Gerrold and his artist, Ty Templeton.
They also named the publisher, to add to their fun.

The publisher’s name, by the way, was ComicMix,
and if you ask me, DSE is a real bunch of…

Okay, I’m going to stop blogging in rhyme now.  Instead, let me tell you about some major developments in the Dr. Seuss/Star Trek mash-up lawsuit.  On December 11, both the plaintiff and defendants filed 20-page briefs (memoranda) supporting their latest motions before the judge.  A hearing is scheduled for January 31 at 1:30pm in the San Diego courtroom of  Hon. Janis L. Sammaritno, federal judge on the Ninth Circuit (the same circuit that had jurisdiction in the Axanar lawsuit, although a different judge than Axanar had).

Judge Sammartino’s rulings on these pre-trial motions could affect this case in VERY significant ways.  If she grants the defense motion for summary dismissal, the case could be over or potentially cut off at the knees for the plaintiffs.  On the other hand, if she grants the plaintiff’s motion, “Team Mash-up” (as I like to call them) could lose before ever going before a jury.  The stakes are as high as they’ve ever been.

As usual, I’m happy to break this down from legalese to English for those who want to know the score…

Continue reading “Major FAIR USE showdown coming in DR. SEUSS/STAR TREK copyright lawsuit! (part 1)”

SAMUEL COCKINGS 2013 and SAMUEL COCKINGS 2018 take a look forward and back at TEMPORAL ANOMALY!

For SAMUEL COCKINGS, the Harry Potter of CGI, it has truly been a long road getting from there to here. “There” was 2013 when he launched a Kickstarter to fund his fan film project, STAR TREK: TEMPORAL ANOMALY. A month later, he’d raised £1,741 (about $2,700) with 27 backers. Compared to some of the Trek fan films at the time, this was a “humble” amount, but it was enough to assemble half a dozen actors, get them into Stafleet uniforms, and film them in front of green screens for a nearly hour-long fan video movie.

And then five years happened.

To be fair to Samuel, he was doing anything BUT procrastinating during that time. His skills and resources were constantly expanding, and his abilities to create a better and better looking fan film around that green screen footage were growing by the day!

Early last year, however, just as he was finally planning to debut his long-awaited fan film, Samuel released a trailer that included footage of Picard, Riker, Worf, Troi, etc.—who would be in a short 90-second “prologue” to the film—and got the attention of CBS (and not in a good way). But rather than shut him down completely, CBS worked with Samuel to find a way that he could release his fan film and not have to toss all of his hard work. So…kudos to CBS for finally taking a chill pill.

Those CBS changes have required nearly ten months to complete, but now Temporal Anomaly is nearly ready to premiere later this month. And when it does, I’ve got a great audio interview with His Royal Trekness that you’re all gonna enjoy listening to.

But right now, in anticipation of the impending release of five and a half years of work and dedication, Samuel has posted a special video which takes a look back at the journey…including footage of himself from 2013 and his initial Kickstarter campaign plus comparisons of shots and CGI from back then with what we’ll see in just a couple more weeks.

Take a look…

Update on the AXANAR attempted hacking…

Earlier today, I reported that an attempt had been made to hack into the AXANAR YouTube channel…pointing out that the prime suspect(s) was/were most likely one or more detractors.

Very quickly, one of my readers, JOE DIAZ, forwarded me the following tweet from one of the people managing the channel…

Other comments on my previous blog entry were now pointing to this tweet as proof that there was no hacking attempt. Naturally, if I’ve misreported something, I need to issue a retraction. But I first needed to verify that I had, in fact, misreported it. So I contacted ALEC PETERS and the aforementioned THE REAL STOGGY to ask what happened.

Here, as far as I can piece together, is the order in which things happened…

December – After uploading a series of quick “Axanar -Live” update videos shot with a cell phone over the previous months, Alec began posting higher-quality Axanar updates to YouTube, generating tens of thousands of views. One update from December 27 is currently up to 96K views.

January 5 – With the videos being so popular, Alec decided to create two YouTube channels: Axanar and Ares Studios. Actually, there had already been an Axanar YouTube channel, but it had been mostly dormant for a long while. Last night, three volunteers were given Manager status (Alec remained the channel owner), and began adding videos to the channel. There was a LOT of activity.

January 6, 8:43am EST – The two channels were suddenly shut down by YouTube. The only manage working on them at the time was the aforementioned Stoggy, who had pulled an all-nighter, and panicked when he was suddenly locked out. Here’s what he told me…

Continue reading “Update on the AXANAR attempted hacking…”

Attempted HACK of the AXANAR YouTube Channel!

Earlier today, the AXANAR YouTube Channel was temporarily “terminated” (according to messaging displayed when users visited the web page). Numerous recent video updates with tens of thousands of views each were suddenly gone and inaccessible…along with Prelude to Axanar, the Vulcan scene, and numerous behind-the-scenes videos.

There was immediate conjecture that some kind of violation of the YouTube community guidelines or terms of service led the the termination of the channel. Needless to say, the fan film community exploded with activity as Axanar detractors salivated at the possibilities for happy dances and supporters panicked among uncertainty and confusion.

And then, less then three hours later, the Axanar YouTube channel was back up and running as though nothing had happened.

So what did happen?

All of this kerfuffle occurred while ALEC PETERS was at the gym on Sunday morning. When he got home—amid countless emergency IMs and e-mails from concerned supporters and team-members—he logged into his YouTube (Google) account, and all was restored instantly. Alec never received any notice or warning from YouTube or Google about violations. However, he did receive the following message (e-mail address redacted)…


In addition to the Axanar YouTube channel, the new Ares Studios YouTube channel was also deactivated and then reactivated with Alec’s sign-in. Most members of the fan community weren’t even aware that there was an Ares Studios YouTube channel (it’s still being set up), and so didn’t realize the extent of the hacking.

Although not confirmed, it seems that YouTube’s takedown was pre-emptive in avoiding the potential damages of a more serious, successful hack. Once the account was secured by the user (Alec), the channels were reactivated.

Naturally, the prime suspect(s) is/are one or more of the detractors, although there is currently no proof who specifically is behind the hacking. Obviously, Alec has changed his password and will continue to do so regularly.

But if I may speak freely for a moment, my friends…

Continue reading “Attempted HACK of the AXANAR YouTube Channel!”

The multi-franchise crossover fan film GALACTIC BATTLES will totally blow you away…and a new BEHIND-THE-SCENES video tells how they did it!

Back in early 2015, a group of young fan filmmakers out of Vancouver, Canada launched an Indiegogo campaign trying to raise $15,000 (Canadian) to complete their production. It would be a crossover fan film featuring the ships and characters from Star Trek, Star Wars, Mass Effect, and Halo. They had already been working for nearly two years, starting out pretty slow with just a few artists, all of them new to the pipeline process of working together on an open, collaborative, community-driven movie project.

By 2015, they had managed to build a team of 20 digital artists, two sound designers, several actors (including Mark Meer from Mass Effect), one dedicated screenwriter, two social media coordinators, and many more. Along the way, they picked up sponsors that donated some pretty amazing free hardware, software, plus meeting and studio space. Having now developed an industry-grade pipeline process, they just needed $15,000 to finish this incredibly ambitious project.

Their Indiegogo failed…badly. Only $2,574 (Canadian) was raised from just 68 donors.

But they weren’t giving up! Even though everyone was working for free in their spare time, the team still managed to complete filming over the next 12 months. Now they needed to finish post-production. The script called for a staggering 200-plus CGI shots, and that would require the team to pay for server fees, Google Drive fees, and additional software licenses.

They launched a second Indiegogo in 2016, with a much lower goal of only $2,000 (Canadian). This time, the failure wasn’t as awful…mainly because the goal was so much lower. Nonetheless, the team only came out with $850 from 15 backers. That didn’t mean they couldn’t finish—they were determined to!—only that it would take a little longer

Two and a half years later, on December 21, 2018, GALACTIC BATTLES – The Ultimate Crossover Fan Film finally debuted on YouTube. Over the following two weeks, they generated over 67K views with a 30-to-1 ratio of likes to dislikes. Nearly everyone who’s contacted me about this fan film has said it’s a MUST-SEE…and I think they’re right!

I reached out to director CALVIN ROMEYN (who plays Han Solo in the film), and he says that there will be a behind-the-scenes video coming out in a few weeks. And on this site, you can take cash advance and Installment Loans. But I don’t want folks to have to wait to see this ground-breaking new fan film, so go watch it now…and be sure to stick around till the very end!


UPDATE

While it was more than “a few weeks,” the behind-the-scenes video was released on June 29, 2019, and it’s definitely worth 25 minutes of your time to check out…

THE FEDERATION FILES releases its 4th fan film: “GALAXY HOPPER” (interview with DAN REYNOLDS)

THE FEDERATION FILES is an anthology Star Trek fan series from show-runners GLEN L. WOLFE and DAN REYNOLDS, both currently based in Arkansas. In fact, Glen is 50% owner of what remains of the TOS sets formerly known as STARBASE STUDIOS. But more recently, Glen and Dan constructed a new TOS bridge set for use in their latest Federation Files fan film, “Galaxy Hopper.”

The Federation Files first launched in October of 2016 with the 47-minute “His Name Is Mudd” featuring the crew of the USS Constitution.  Ten months later, their second anthology episode, the 28-minute “Walking Bear, Running Wolf,” featured two live-action characters who had previously been seen only in the Star Trek animated series: Ensign Dawson Walking Bear and Lt. M’Ress of the USS Enterprise.  Most recently, in January of 2018, The Federation Files‘ third production,  the 13-minute “Extraction,” featured Romulans, a Starfleet shuttlecraft interior, and the dreadnought-class USS Nikita.

Through it all, the one constant (aside the use of the Arkansas sets for filming) has been the “Wolf/Reynolds Production” logo at the end.  With the release of their latest Federation Files episode, the Star Trek/Star Wars crossover “Galaxy Hopper,” Glen and Dan come together once again for a very exciting and good-looking fan effort on board the USS Lexington. What stands out this time—in addition to a really awesome astromech droid!—is a brand new TOS bridge set constructed specially for this production…along with the director: KELLY REYNOLDS.

You probably haven’t seen the name “Kelly Reynolds” in any other Star Trek fan film before…and that’s because, up until November 24, 2018, that wasn’t her name! Kelly and Dan just got married!

I decided to interview Dan Reynolds about “Galaxy Hopper,” the new bridge set, and finding the love of his life and having her direct his latest fan project. But first, take a look at what they just released…

Continue reading “THE FEDERATION FILES releases its 4th fan film: “GALAXY HOPPER” (interview with DAN REYNOLDS)”

Are video pirates LOSING INTEREST in CBS’s new SHORT TREKS?

Have video pirates lost their enthusiasm for the new SHORT TREKS mini-episodes being released by CBS…and possibly for new Star Trek in general?  If so, then it’s a sorta good news/bad news situation for CBS.  The good news is that video piracy hurts the bottom line for CBS.  So if folks are downloading Discovery and Short Treks without paying a subscription fee (to either All Access or Netflix), that’s potentially money out of CBS’ pocket.  So less piracy is a GOOD thing, right?

Well, here’s the bad news.  Video piracy is also a barometer, of sorts.  Does decreased interest in Short Treks by pirates imply that the general public is also not interested?  And what makes me say that video pirates are losing interest in Short Treks in the first place?

It all began early last month while I was having dinner with a friend (who shall remain nameless) who illegally downloads Star Trek: Discovery and Short Treks.  For the record, I personally do NOT do this, and I subscribed to CBS All Access from October 2017 through February 2018.  Here’s my e-mail receipt from them…

So just to be clear, I am NOT endorsing video piracy in any way.  This blog is simply looking at an existing trend from a journalistic perspective.  Video piracy (or any kind of digital piracy) is illegal and should not be attempted by anyone reading my blogs.

And now that that’s out of the way, back to my story…

Continue reading “Are video pirates LOSING INTEREST in CBS’s new SHORT TREKS?”

2018 Star Trek Fan Film YEAR IN REVIEW: The return of the Trek fan film CROWD-FUNDER!

Remember the good, old days? Back in 2015 and before, Star Trek fan film crowd-funders were as common as lens flares on a JJ Abrams movie set! They’d easily take in thousands, tens of thousands, and in some cases, hundreds of thousands of enthusiastically-donated fan contributions.

We all know what happened. Axanar was sued. Six weeks later, Tommy Kraft was told by CBS to take down his $250K Kickstarter for Federation Rising. And then in June 2016, the fan film guidelines came out. And while they didn’t forbid crowd-funding, they did put a $50K cap on it and severely curtailed what kinds of perks could be offered.

Fans (including me) predicted the complete demise of Star Trek fan films. It turned out that we were wrong. Fan films found a way to not only live on but also to prosper, working within the guidelines (mostly) while still being pretty decent—in some cases even quite excellent.

Ah, but crowd-funding…therein lied the rub! While the days of the six-figure Kickstarters and Indiegogos for Trek fan films were obviously gone, maybe fans would still donate five-figures or even just four-figures. Maybe? For a while, it wasn’t looking good.

For the remainder of 2016, only Renegades (with Star Trek surgically removed) attempted a crowd-funding campaign for “The Requiem” (reaching $146K). And Starbase Studios raised $3,500 for a move from Oklahoma to Arkansas for their TOS sets. But beyond that, the only crowd-funding even peripherally connected to Star Trek fan films was a $19K successful Kickstarter by Star Trek: Horizon creator Tommy Kraft to fund his NON-Star Trek fan film Runaway.

Would 2017 fare any better for Trek crowd funders? Well, not so much…

Continue reading “2018 Star Trek Fan Film YEAR IN REVIEW: The return of the Trek fan film CROWD-FUNDER!”

So where’s that darn DEEP SPACE NINE documentary??? (update revisited)

Stop me if you’ve heard this one before. So there’s this fan film project that’s going to feature veteran Star Trek actors and production crew, and it’s going to be presented in documentary format. Although people are excited about the project even before the crowd-funding campaign begins, the show-runners are nevertheless blown away when donations blast through the initial goal and reach nearly $650,000.

Emboldened by this unexpected abundance of production funding, the show-runners decide to expand the scope of the project far beyond what was initially planned, and a year later, they go back to the donors and fans to ask for even more money.

But then stuff happens, and the release date gets delayed…and then delayed again.

Nope, not Axanar. This same sequence of events happened with the ambitious Star Trek: Deep Space Nine documentary WHAT WE LEFT BEHIND, directed by ADAM NIMOY. Crowd-funded in early 2017 with more than $647,000, the original release date was estimated as February 2018. But by April, with no documentary in sight, show-runner IRA BEHR updated fans with a written message that I featured in a blog titled “So where’s that darn DEEP SPACE NINE documentary???

Ira didn’t make excuses so much as provide reasons why things were taking so long…including the fact that there were over 100 hours of new interviews with cast and crew to go through, plus fan submissions, archival materials, animations, audition tapes, convention footage and more than 170 broadcast episodes…all of which needed to fit into a final documentary that was no longer than a few hours! Plus, they were remastering some of the original standard definition footage into beautiful high definition footage.

By September, there was still no completed documentary, and Ira posted yet another update…this time as a video and asking for even MORE money! Why would he “tap the well” again so late in the game?

Continue reading “So where’s that darn DEEP SPACE NINE documentary??? (update revisited)”