Author: Jonathan Lane

DR. SEUSS / STAR TREK Mash-up takes a HIT in its INFRINGEMENT LAWSUIT! (part 2)

Yesterday in part 1, we discussed the copyright side of the infringement lawsuit that was filed by Dr. Seuss Enterprises (DSE) against Star Trek “Tribbles” creator DAVID GERROLD and comic book artist TY TEMPLETON for their proposed “mash-up” book Oh, The Places You’ll Boldly Go!  The project generated $30,000 in a Kickstarter that was promptly shut down (and the donations frozen) when DSE asserted their ownership of the Dr. Seuss property.  A lawsuit quickly followed in late 2016 accusing the mash-up creators and their publisher ComicMix of both copyright AND trademark infringement (two different things, as I’ll explain shortly).

It’s now a year later, and a whole flurry of legal posturing has been going on back and forth…before the trial even gets started!  During the summer, Judge JANIS L. SAMMARTINO of the Ninth Circuit Federal Court in San Diego dismissed the trademark complaint portion of the lawsuit, leaving only the copyright claim to adjudicate.  And even there, it looked like the judge was leaning strongly in favor of accepting a fair use defense from “Team Mash-up” (as I like to call them) and dismissing the rest of the case, as well.

But DSE was not about to go gently into that good night!  And after pulling out all the legal stops, and after a court hearing at the end of last month, Judge Sammartino just issued an Order Denying Motion to Dismiss that not only allowed the copyright portion of the lawsuit to continue and go to trial, but DSE lawyers also convinced her to CHANGE HER MIND and reinstate the trademark complaint!

How the heck did that happen???

Yesterday, I explained the reasons that the judge didn’t grant a fair use defense on the question of copyright infringement.  Today, we’ll take a look at the trademark side of things and discover why we can blame Godzilla for the judge’s decision to resurrect the trademark question…

Continue reading “DR. SEUSS / STAR TREK Mash-up takes a HIT in its INFRINGEMENT LAWSUIT! (part 2)”

DR. SEUSS / STAR TREK Mash-up takes a HIT in its INFRINGEMENT LAWSUIT! (part 1)

If you’re Star Trek “Tribbles” creator DAVID GERROLD and comic book artist TY TEMPLETON, one of the places you’ll boldly go next year will be to the Ninth Circuit federal courtroom!

Actually, they and their lawyers have already been spending a good deal of time in front of Judge JANIS L. SAMMARTINO… defending themselves from a copyright and trademark infringement lawsuit filed by DR. SEUSS ENTERPRISES (DSE) against them and publisher ComicMix in late 2016.

At issue was a “mash-up” project combining elements of Star Trek with the whimsical rhyming and artistic styles of the late Dr. Seuss into a book titled Oh, The Places You’ll Boldly Go!  In September of 2016, a Kickstarter for the project took in $30,000.  However, DSE quickly asserted their intellectual property rights, and Kickstarter promptly shut down the campaign and froze the pledged donations.  Then things went to court.

Earlier this year, the situation looked somewhat hopeful for “Team Mash-up,” as I like to call them.  The judge in the lawsuit dismissed the trademark claim entirely (it would no longer be a part of the lawsuit), and she said that the fair use aspect of the remaining copyright infringement complaint was “evenly balanced” between the plaintiff and the defendants.  And even better than that, if DSE couldn’t prove to the judge’s satisfaction that there were real financial damages at stake (at that point, she was simply giving them the benefit of the doubt), then this lawsuit might be dismissed entirely before it ever saw a jury, and fans would likely be reading a Star Trek/Dr. Seuss mash-up book by next Christmas.

What a difference six months make!  This infringement lawsuit suddenly reminds me of a famous football game from 1993 between the Houston Oilers and the Buffalo Bills that has become known as “The Comeback.”  Houston was leading by a massive score of 28-3 at halftime.  But by the end of the game, Buffalo had won in overtime 41-38.

And while the “game” in this mash-up lawsuit isn’t over just yet, if you’re a fan of David Gerrold and Ty Templeton (as I am), it’s suddenly nail-biting time.

Here’s the latest…

Continue reading “DR. SEUSS / STAR TREK Mash-up takes a HIT in its INFRINGEMENT LAWSUIT! (part 1)”

SPACE COMMAND Kickstarter reaches $100,000!

Yep!  Just six days ago, I was asking if the SPACE COMMAND Kickstarter could make it over $80,000 (they were less than $7,000 away from that second stretch goal).  Now, with only 11 hours left, they’ve just crossed the $100,000 mark.

This means that fans now get to see a third trailer for the project (see below), and that the project will fund at least HALF of the 2-hour pilot episode…with funds to spare!  And if they manage to hit $130,000 before the end of the Kickstarter tonight, that’ll fund post production for an additional half hour.

Already, scenes have been filmed for the first SIX HOURS of Space Command, which is half of the complete initial season.  Those three 2-hour stories—“Redemption,” “Forgiveness,” and “The Great Solar War”—feature such notable genre actors as Doug Jones, Bob Picardo, Mira Furlan, Bill Mumy, Bruce Boxleitner, John Hennigan, Faran Tahir, James Hong, Mike Harney…as well as their worldwide talent search winners Ethan McDowell and Bryan McClure!

And now, here’s a few words from show-runner MARC SCOTT ZICREE…

We’re now moving full speed with our line producer, VFX artists and the rest of our team working on AMAZING scenes and sequences.  

Within the next few months, you’ll have the first half-hour of our two-hour pilot in hand, and then it’s on to the rest!

If you want to see a FULL SCENE, here’s a wonderful encounter between Synthetic human Dor Neven (Doug Jones) and mining foreman Yusef Sekander (Robert Picardo) in Yusef’s quarters in the mining facility on Ceres in the asteroid belt!

The entire time with Space Command, there’s never been a network or studio making it happen – it’s been all of us willing this into existence and making it happen.

As I say often, compassion and love can be a counterweight to all the hatred and chaos in the world; they can make a present a future worth living in for ourselves and our children and our grandchildren. 

 It’s up to us to make that world, and that universe.

That’s what Space Command is all about, and it’s what I’ve dedicated my life to, in my work and in my life. Thanks for your faith and for staying the course. 

The next few months will be simply phenomenal.

All good thoughts your way, as ever,

 Marc

PLEASE CLICK HERE TO DONATE

(You’ve got until 10:00 pm PST tonight!)

And now, here is the third trailer, and the first to feature a look at the characters played by  Faran Tahir (the captain of the USS Kelvin) and James Hong (Big Trouble in Little China)…

Another SIX fan films in the MINARD saga from VANCE MAJOR…all in just 30 DAYS!

Back in September, I reported on how VANCE MAJOR (whom I affectionately refer to as the “Where’s Waldo of Star Trek Fan Films”) had released SEVEN Trek fan films in just SEVEN DAYS.

And now Vance has done it again!

This time, Vance wasn’t quite as prolific, but he did manage to debut SIX fan films in less than 30 days, from November 3 to December 1.  All of the films continue to saga of Erick Minard, chief engineer of the Starship Valiant and the captain of the USS Constar nearly a century later.  How is Minard alive to serve under Captain Christopher Pike and still around in the 24th century to fight the Borg and talk to Lt. Commander Data and Dr. Crusher?  The only way to find out is to watch the episodes as they are released.

Some fans have criticized the production quality (or the lack thereof), and even Vance himself acknowledges the low-budget look of the finished product.  The uniforms often don’t always fit properly, the spoken lines in outdoor scenes can be overwhelmed by a mild gust of wind, and certain characters look like they could use a few extra workouts on the ship’s treadmill.  (I’m one to talk!)  Even Vance’s own production company vanity plate at the end acknowledges, “I’m the guy with a cord in the doorway” (a glitch which actually happened about 50 seconds into this fan film).

But those who criticize Vance’s work, in my opinion, aren’t getting what fan films are all about.  Not everyone can make a Star Trek Continues, Renegades, or Prelude to Axanar.  And they don’t have to!  Fan films are the great equalizer.  We all create our projects to the best of our abilities and our budgets.  Even the worst fan film still requires a great deal of work—writing a script, pre-production prep, getting the actors together, directing scenes both technically and dramatically, VFX (if you have any), sound, music, editing—fan films don’t make themselves!  And if you don’t like the end result, then don’t watch.  Or watch anyway because most fan films these days (including Vance’s) are pretty short.

Here’s what I think makes  Vance’s stuff so unique and special among fan films…

Continue reading “Another SIX fan films in the MINARD saga from VANCE MAJOR…all in just 30 DAYS!”

HELP!!! Major STAR TREK FAN FILM BLOG SITE needs YOU!

Do you have a few extra minutes…maybe an hour or two?  Would you mind doing a little typing in the service of Star Trek fan films?  If so, then the blog site STAR TREK REVIEWED needs YOUR help!

I can honestly say that Fan Film Factor would likely not exist were it not for Star Trek Reviewed.  Started back in 2009 by uber-fan BARBARA READER, her humble website quick grew to enormous proportions, containing resources and information about nearly EVERY Star Trek fan film.  In fact, I’m not sure I’ve ever found a Trek film that wasn’t already somewhere on Barbara’s site.  You think I’ve covered a lot of Trek fan films here?  I’m just peanuts compared to an outfit like Star Trek Reviewed!

I don’t look at STR as a competitor, though…not in the least!  Like firefighters and police officers, there’s similarities but a lot of significant differences in what we do.  While both blogs include lists of fan films and tell you where you can view them, STR provides links to articles and interviews and reviews about each production and/or series…and groups those fan films into categories by Trek “era” and production type (live action, animated, machinima, etc.).  STR also includes Trek audio productions, plus comics and games created by fans.  (I don’t have enough time to include those here.)

What Fan Film Factor does that STR doesn’t is provide the “deep dives” into each production…histories and interviews (both text and audio), closer looks at the producers and their projects, and don’t forget editorials.  In many ways, the two sites complement each other perfectly to provide a wonderfully full coverage of fan films.

Last year, after doing all the work to maintain and update STR by her lonesome for nearly seven years, Barbara grew her team to five individuals from all across the planet—keeping fans apprised of the latest fan project releases.  (How DO they do it!?!?)  And now they’re looking for a little more help…possibly from YOU!

Continue reading “HELP!!! Major STAR TREK FAN FILM BLOG SITE needs YOU!”

Can the SPACE COMMAND Kickstarter make it to $80,000?

They need $6,000 in 6 days.  Can they make it???

Four weeks ago, the fan film project SPACE COMMAND, written and directed by MARC ZICREE, set out to generate $39,000 for post-production on the first 30-minute part of their 2-hour long pilot “Redemption.”  That goal was reached in just 9 days.  Their next goal is now $80,000 to fund post-production for  the entire first hour.  As I write this, they are at $73,890.  Will they be able to make it across the stretch finish line?

I hope so!

The series draws inspiration from the classic sci-fi films, TV shows, and literature of the 1950s and 1960s…with a look and style that is both modern and retro at the same time.  Space Command will feel like what classic sci-fi would be were it produced today.

The pilot features a cast that includes notables from Star Trek and other well-known sci-fi franchises:

  • Robert Picardo (Star Trek: Voyager)
  • Doug Jones (Pan’s Labyrinth, Hellboy, and now Star Trek: Discovery’s Saru)
  • Bruce Boxleitner (Babylon 5)
  • Mira Furlan (Babylon 5)
  • Bill Mumy (Babylon 5 and Lost In Space)
  • Faran Tahir (Star Trek 2009…he was the captain of the USS Kelvin)
  • James Hong (Big Trouble in Little China)
  • And more!

When the Kickstarter passed $65K on November 22, the Space Command team released the second of their new trailer videos.  If you haven’t seen it yet, take a look…

There’s still time to throw a few dollars their way (or a few more dollars, if you’ve already pledged something).  It’s an exciting project, and it would be FANtastic if they could bring in enough to complete a full hour of their project.

PLEASE CLICK HERE TO DONATE!

If you can’t afford to donate, that’s fine.  But please consider sharing a link either to this blog page or directly to their Kickstarter to spread the word.

And for a great interview with show-runner MARC ZICREE, take a listen to this:

Marvel Comics Writer PAUL JENKINS joins AXANAR as CO-WRITER! (interview, part 2)

Last time, we began a fascinating discussion with PAUL JENKINS, who will be the new co-writer of Axanar.  Although ALEC PETERS has already written complete drafts of the two 15-minute short fan films allowed thorough his legal settlement with CBS and Paramount, and at least ten major iterations of the full 90-minute script exist, Alec has asked Paul to come on board to help polish and finalize all three long and short scripts.

Paul himself is a very impressive writer and film producer in his own right.  He is credited as one of the main reasons that Marvel Comics escaped Chapter 11 bankruptcy in the 1990s when he helped to create the “Marvel Knights” series of titles.  He has written a wide range of both Marvel and DC comics characters, winning an Eisner Award and five Wizard Fan Awards.  His work on Wolverine: Origin was even turned into a blockbuster feature film.

Paul has written and creative directed numerous titles for the video gaming industry, and he’s worked on projects with many of the major motion picture studios.  Paul currently lives in Georgia and chairs an advisory committee to educate the Georgia General Assembly on the evolution of digital and interactive technologies.  He’s also been tasked by Georgia’s governor to help cultivate and nurture the growing film development industry in the state.

And now Paul will be lending his impressive talents to Axanar.

In the first part of our interview, we learned how Paul first got involved in the project, and how the announcement of his involvement almost immediately caught the attention of Axanar detractors who contacted him with very negative and angry messages.  (Seriously, guys?)

But Paul is taking it all in stride.  Having been a prolific comic book writer for more than two decades, this isn’t Paul’s first rodeo.  As far as he is concerned, the lawsuit has been settled, and now the job ahead is to make the next two Axanar episodes as good as they can be.

And now, back to our great interview…

Continue reading “Marvel Comics Writer PAUL JENKINS joins AXANAR as CO-WRITER! (interview, part 2)”

Marvel Comics Writer PAUL JENKINS joins AXANAR as CO-WRITER! (interview, part 1)

AXANAR has a new co-writer!  Ladies and gentlemen, meet PAUL JENKINS.  As you can see from his IMDb page, this bloke (he’s British) has done a LOT of stuff in television, film, and video games.  He’s also one of the writers credited with helping to rescue Marvel Comics from Chapter 11 bankruptcy in the late 1990s with the introduction of the “Marvel Knights” series of titles.  Since then, Paul has written everything from Spider-Man and the Incredible Hulk to the ground-breaking Wolverine: Origin (which served as the basis for the feature film with Hugh Jackman).

And now, Paul will be helping ALEC PETERS complete the scripts for the Axanar fan films.

The script for Axanar has trekked a long road.  Alec first began working on the story back in 2011.  And Alec welcomed input from folks like John Muenchrath (who played Dr. McCoy on Star Trek: New Voyages under the stage name “John Kelley”), Star Trek novelist Dave Galanter (see Dave Galanter’s post below in the comments section), Prelude to Axanar director Christian Gossett, and of course, “Trouble with Tribbles” episode writer David Gerrold.  During 2015, then-Axanar director ROBERT MEYER BURNETT brought on BILL HUNT to take yet another pass at tweaking the script.  By the time Axanar was ready to shoot in early 2016, the 90-minute script was already on version 7.

During the lawsuit, Bill Hunt and Alec worked on additional revisions of the script.   I read one of their iterations, and it was up to version 9.

Finally, after the lawsuit settled, Alec was permitted to make Axanar not as a 90-minute feature film but rather as two 15-minute short fan films.  There would still be a full 90-minute script distributed to donors, but two 15-minute scripts would now need to be written, based on the longer version.

Alec decided to write the new 15-minute scripts as “Part IV” and “Part V” of The Four Years War mock documentary, with Prelude to Axanar having been “Part III.”  The first drafts of both of those scripts were completed by Alec this past summer, with a number of people (including me) reviewing them an providing feedback.  Then, on October 6, Alec announced that Paul Jenkins would be joining the Axanar team as co-writer.

So what was a major comic book and Hollywood writer was doing coming to work on a Star Trek fan film???

Continue reading “Marvel Comics Writer PAUL JENKINS joins AXANAR as CO-WRITER! (interview, part 1)”

My FAN FILM just beat AXANAR in the Berlin Sci-Fi Film Festival! (Yay!)

Now, this is pretty crazy!  Back in April of 2016, while the CBS/Paramount v. Axanar lawsuit was still going strong, MARK LARGENT and I decided to create a parody of the whole mess with a short animated spoof called PRELUDE TO AX’D-WE-ARE.  We wrote the script together in about five days, and I provided the voices for half of the characters.  Mark did the lion’s share of the work, animating the entire seven-minutes in just 31 days!  (For more background on how this all came together, check out this blog.)

When I first heard about the Berlin Sci-Fi Filmfest back in June, I posted about it because, for the first time that I was aware of, an international film festival was featuring a category specifically for FAN FILMS!  I suggested to Mark Largent that he might want to enter Prelude to Ax’d-We-Are.  After all, it was just 15 bucks.  Other Trek fan films were also entered—including the excellent Chance Encounter, Starship Republic – “Serpent of Yesterday”, and Survivors—and we figured we might have a shot…maybe.  There were also three Star Wars fan films (one from the UK and another from France), a Blade Runner fan film out of South Africa, and a horror movie spoof.

And then we saw that Prelude to Axanar had been entered.  Oh well, we thought, there goes our chance to win.  (Prelude is pretty much a juggernaut.)  But at least audiences would be able to watch both the parody and the original it was based on.

We actually made it to the semi-final round, along with Tears in the Rain (the South African Blade Runner fan film with some great acting), The Secret of Tatooine (all in French with awesome visual effects), and of course, Prelude to Axanar.  With competition like that, we figured that “semi-finalist” was as far as we’d get.  We were wrong.

We won BEST FAN FILM!!!!

Mark and I thought it was a typo!  But no, there is was up on their website with our poster image.  “I feel like there’s all these guys in my class who studied for months to pass the exam and all I did was cram at the last minute and ace it!” Mark told me over the phone.

I joked to ALEC PETERS of Axanar, writing, “I hope you’re not pissed at us.”

“Why would I be pissed?” he wrote back.  “It’s awesome.  Its all in the family.  We have won 47 awards.  Nice for you guys to win one.”

So Mark and I, co-writers and co-producers, can now also call ourselves winners of an international sci-fi film festival competition.  And that is totally cool!  Thanks for letting me share that news with you.

And in case you missed it, here’s Prelude to Ax’d-We-Are in all of its 7 minutes of glory…