Axanar – Page 8 – Fan Film Factor

GUEST BLOGGER ALEC PETERS: Why Star Trek Continues Violating the Fan Film Guidelines is GOOD for Fan Films! (editorial)

Earlier today, ALEC PETERS posted the following blog on the AxanarProductions.com website. As it’s very relevant to my editorial blog entry from yesterday—and it makes some excellent points—I asked for and received Alec’s permission to re-post the blog in its entirety here on FAN FILM FACTOR. (Please note that the opinions expressed and descriptions of events presented are solely those of Alec Peters.)

There is a a lot of talk lately about how Star Trek Continues has decided to openly violate the Star Trek Fan Film Guidelines that CBS put in place last year. STC has already violated the guidelines with the release of their last episode, and is making 3 more roughly 50 minute episodes that violate at least 5 Guidelines including length (close to 50 minutes) and the use of Star Trek actors.

I would highly recommend you read Jonathan Lane’s Fan Film Factor article on the matter here:

Fan Film Factor

Jonathan provides a very fair view of the matter, as he likes both Axanar and STC. And Jonathan calls out Vic for his hypocrisy in attacking Axanar for violating “guidelines” that never existed, while violating the actual written rules himself. And lets be clear, Star Trek Continues has neither been “grandfathered” in (total nonsense), nor do they have a special deal with CBS. They are simply stating that “we think CBS will be OK with us doing this.”

But I am going to argue that this is actually good for fan films.

Now let’s be clear, I don’t like Vic. He has been lying about Axanar since he stormed out of the Prelude to Axanar Premiere we invited him to in 2014. But I support Star Trek Continues as I do all fan films. I don’t let my feelings for Vic cloud my feelings for a very worthy fan film series. Along with Star Trek New Voyages, they have done wonderful things in the fan film genre.

Now what is ironic is that while Vic refuses to help anyone else in fan films, (he famously asked Tommy Kraft for a role in the Horizon sequel while telling Tommy he wouldn’t lift a finger to help him) and has refused to allow others to use his sets (unlike James Cawley or Starbase Studios who generously allowed anyone to come use their sets), Vic’s decision to ignore the Star Trek Fan Film Guidelines may well help all fan films moving forward. How is that?

Well, CBS always hated policing fan films. Having communicated extensively with with John Van Citters, (Head of Star Trek licensing), Liz Kolodner (VP CBS Licensing) and Bill Burke (VP CBS Consumer Products) about fan films for years, and having advocated extensively for guidelines, I knew that CBS didn’t WANT to have to worry about fan films as they saw it as a huge waste of time. They were too busy making money to have to worry about a bunch of fans making films. I once joked with John Van Citters that CBS treated fan films with “benign neglect” and that was good, as fan films did nothing but help the franchise. And CBS told me over and over how it would be impossible to come up with fan film guidelines because of 50 years of Star Trek contracts and agreements with unions, guilds and actors.

Well, clearly that wasn’t the case, since they were able to come up with Guidelines pretty quickly after they sued Axanar. And while many feel the guidelines are too severe (e.g. limiting fan films to 15 minutes and no more than two installments) or even possibly illegal (it’s questionable if CBS can tell you who you CAN’T hire for your fan film) – the guidelines are what they are. They provide some general rules to follow if a Star Trek fan film producer doesn’t want to run the risk of getting sued by CBS.

So how does Star Trek Continues violating the Star Trek Fan Film Guidelines help all fan films? Well, it just supports what we at Axanar have known for a while. Axanar was sued because we didn’t look like a fan film. Not because we made “profit” (we didn’t) or that we built a “for-profit studio” (we didn’t…STNV did that), both reasons made up by people who don’t know what they are talking about, but because Axanar looked like it came from the studio.

Now CBS doesn’t want to sue its fans again. The 13 months of the lawsuit was not good for CBS and Paramount from a PR perspective. And the Guidelines were basically a way to put a lid on the “arms race” of professionalism taking place.

But what we see here is CBS giving Star Trek Continues a pass. And why? Because over a year ago, CBS said to me, “No one is going to confuse them with real Star Trek.” And that is the crux of the matter. Yes, Star Trek Continues, like Star Trek New Voyages, have excellent production values, with amazing sets, brilliant VFX and visuals, and excellent costuming and props. They LOOK amazing. But the acting is mostly amateurs, and that is the main reason fan films don’t have widespread appeal. (By the way, I love Chris Doohan as Scotty in STC. Simply brilliant). But ask fans what they think of fan films, and the overwhelming # 1 reason they give for not watching or liking them is the acting. And this is one of the main reasons I decided to give up the role of Garth in the feature film.

So, as long as you aren’t too good – and stay in familiar territory – it appears you are in a safe harbor. Want to break the Star Trek Fan Film Guidelines? Just don’t make something that CBS perceives as a threat. There’s no question that from a marketing perspective, fan films are actually very good for the Star Trek franchise, and the powers that be at CBS know this and will allow you to break many of the guidelines as long as you aren’t overly ambitious. And since no one is really raising money for their productions anymore, I don’t think CBS has to worry about this. STC is spending the money they had previously raised and why they cut down on the number of episodes they were making.

So, while I won’t advocate a fan film maker break the CBS Star Trek Fan Film Guidelines, I think what Star Trek Continues has shown is that CBS isn’t going to worry about a product that they don’t see as threatening. And that gives all fan film makers a little breathing room.

Alec

“OH, THE PLACES YOU’LL BOLDLY GO!” wins a key FAIR USE victory in court!

Last November, a crowd-funded Star Trek project got sued for copyright and trademark infringement by a major rights holder.

No, not Axanar! That was the previous year, silly (although the Axanar lawsuit was still going on when this other lawsuit was filed). In this new case, however, the defendant was none other that renown Star Trek screenwriter/author DAVID GERROLD (the man who gave us tribbles!) along with Marvel/DC (and others) comic book artist TY TEMPLETON and their publisher ComicMix, LLC.

Gerrold and Templeton had created a parody mash-up book based on Dr. Seuss’s beloved classic Oh, The Places You’ll Go! In their new book, Dr. Seuss was mashed-up with Star Trek to create Oh, The Places You’ll Boldly Go! with pages that that adapted the originals on the left to look like the ones on the right:

The accompanying rhymes were obviously Seussian, as well…things like.

You can get out of trouble, any that’s knotty, because in a pinch you’ll be beamed out by Scotty.

Weird things will happen, and they usually do, to starship explorers and their marvelous crew.

They launched a Kickstarter in late 2106 and took in $30,000 before the rights owners of Dr. Seuss’ collected works had the campaign shut down for an alleged copyright violation. The following month, a full infringement lawsuit was filed on behalf of Dr. Seuss Enterprises by law firm DLA PIPER, LLP. Here is the 19-page Seuss Complaint if you’re interested in reading it. It’s very similar to CBS and Paramount’s initial filing against Axanar, citing the same demands for $150,000 in statutory damages per violation PLUS attorneys fees.

The Axanar detractors were quick to pounce. SHAWN P. O’HALLORAN, one of the most prolific posters of petulance and profanity, had this to say:

You believe its fair use? You would be mistaken. It’s intellectual property theft and they came right out in their campaign and acknowledged that they were poking the bear to get sued. David Gerrold is a blatant IP theft [sic] who supports other blatant IP thieves such as Alec Peters…

O’Halloran was referring to the following message included in the “Risks and Challenges” section on their original Kickstarter page:

While we firmly believe that our parody, created with love and affection, fully falls within the boundary of fair use, there may be some people who believe that this might be in violation of their intellectual property rights. And we may have to spend time and money proving it to people in black robes. And we may even lose that.

But it’s looking like they might actually have a chance to win…

Continue reading ““OH, THE PLACES YOU’LL BOLDLY GO!” wins a key FAIR USE victory in court!”

J.G. HERTZLER discusses AXANAR and ALEC PETERS!

Well, it’s been a pretty busy couple of weeks for news about AXANAR, as literally every other blog entry I’ve posted over the past 12 days has involved that particular fan production in some way. So heck, let’s keep the momentum going for one more day!

But seriously, folks, there’s an interesting bit of news about Axanar coming from Atlanta…but NOT from the new studio in Lawrenceville. Instead, it happened during a panel yesterday at Treklanta, a small but well-attended annual Star Trek convention in the Atlanta area. And the panel featured J.G. Hertzler, who famously played General Martok on Deep Space Nine (along with a few other Trek roles). But his most recent Trek-related appearance came playing the character of Samuel Travis in the fan film Prelude to Axanar.

After Tony Todd’s public announcement that he had chosen to part ways with Axanar and not appear in the feature fan film after his mesmerizing performance as Admiral Marcus Ramirez in Prelude to Axanar, some were wondering if any of the cast and crew would be sticking with ALEC PETERS to continue their participation. The late RICHARD HATCH was always very supportive of the project and of Alec himself, but with Richard’s recent passing, fans wondered if any of the former cast members would be making a return for the 2-part sequel allowed by the settlement.

Now, I knew that J.G. Hertzler and Gary Graham were both interested in reprising their roles, as I spoke with both last summer in Las Vegas. But I’m just one blogger-guy, and those weren’t on-the-record interviews, just casual conversations at their tables in the autograph room.

But now, we’ve got the first public indication that at least one of those actors is still very much supportive of both the project and of Alec Peters himself. Yesterday, J.G. Hertzler took time during his panel discussion to specifically address this beleaguered fan film…

A FAREWELL TOUR of INDUSTRY STUDIOS! (editorial and video)

This past Saturday, my son Jayden and I drove to Industry Studios in Valencia to help pack up the Axanar Productions items for a move east to a new production facility in Atlanta, GA.

It was a sad day for me because I really loved Industry Studios. I’d loved watching it evolve from a stark, gutted building with no individual offices and a huge, echoing warehouse with loud concrete floors…into what looked like (to my eyes, at least) a high-end Hollywood studio and sound stage.

Jayden and I had watched for months with excitement as piles of stacked wood were cut, molded, and sculpted by industry professionals, slowly morphing into a starship bridge, a turbolift, a transporter, captain’s quarters, and a Klingon bridge.

Even though my visits weren’t particularly frequent, I still felt as though I were a part of Ares Studios (later renamed Industry Studios)—helping to fund it, volunteering to do everything from carrying carpet rolls up the stairs to assembling IKEA furniture, and even sorting and packing perks. I watched all the work that went into making the dream of a studio dedicated to Star Trek fan film-making (not just Axanar) grow and take shape from basically nothing into a facility that fans could be truly proud of.

I can already hear the detractors typing feverishly about the hubris of starting a “for profit” studio based on donations obtained from unapproved use of copyrighted material owned by a Hollywood studio. And I’m sure others out there are already halfway done with comments about the folly of signing a 3-year lease on a location with a $12,000 monthly rent when all Alec Peters ever needed to do was make a simple fan film, not build a full sound stage!

All are fair points when viewed with 20/20 hindsight—and all are arguments made and countered hundreds of times over. But that’s not what I’m here to talk about today. Instead, I want to give you a tour of Industry Studios…

Continue reading “A FAREWELL TOUR of INDUSTRY STUDIOS! (editorial and video)”

ALEC PETERS answers READER questions about the AXANAR FINANCIALS!

Last month, I published a blog where I provided a copy of the AXANAR financials, along with reporting on the go-forward plans for AXANAR PRODUCTIONS and INDUSTRY STUDIOS. Obviously, those plans have changed quite a bit over the past few weeks—as Tuesday’s blog pointed out—but the financials remain constant because they’re now a matter of public record.

In that same blog from last month, I also invited readers to submit their own questions for Alec via the comments section and received dozens of inquiries. It was a mix of questions from supporters and detractors, some about the financials and some about other things, but I submitted every one to ALEC PETERS, requesting that he try to respond to as many participants as he could.

It’s been a busy few weeks to be certain (with the Indiegogo campaign and finding new studio space in Atlanta). But a few days ago, Alec submitted his answers back to me. And so, without further ado, let’s see what he had to say…

Continue reading “ALEC PETERS answers READER questions about the AXANAR FINANCIALS!”

SOME PERSPECTIVE: a “BIG WIN” for AXANAR or “GAME OVER”? (Part 2)

In Part 1, I outlined the dire situation that ALEC PETERS and AXANAR PRODUCTIONS were in regarding INDUSTRY STUDIOS. The dream had turned into a nightmare as money was running out. A new Indiegogo campaign had pretty much stalled far short of its goal, and it was looking like all the work and donor money that had gone into creating a very impressive film studio and really awesome sets might end up having all been in vain.

It was a dark time, and I’ll admit that I was actually way more defeatist than Alec. But Alec couldn’t afford the luxury of self-pity or panic. He had a problem to solve, and he wasn’t giving up. In fact, Alec actually did his best to lift my spirits as he tried to navigate a course forward…despite the odds stacking up against him. Say whatever else you want about the guy, but you can’t deny that he’s a fighter. Alec refuses to go gently into any good night. Where other people (including me) would have thrown in the towel and given up long ago, Alec Peters has always pushed on.

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SOME PERSPECTIVE: a “BIG WIN” for AXANAR or “GAME OVER”? (Part 1)

Reality is not always kind or fair, and sometimes life hands you a Kobayashi Maru. Over the past few days since ALEC PETERS‘ announced the departure of AXANAR PRODUCTIONS from INDUSTRY STUDIOS, there have been discussions, debates, and some knockdown/drag-out arguments. Was money squandered? Should Alec have just rented a studio or filmed the Axanar movie on the New Voyages TOS sets in upstate New York? (Even Alec himself looks back and wishes he’d done that.)

But hindsight is a gift we are usually given way too late to act on it. I should have bought Microsoft and Intel in 1991. Hillary Clinton should have campaigned in Michigan and Wisconsin. NBC should never have canceled Star Trek.

However, all the Monday-morning quarterbacking in the world doesn’t change the fact that there is an unpleasant reality right now for Alec Peters and Axanar Productions that must be dealt with, and it boils down to these four things…

Continue reading “SOME PERSPECTIVE: a “BIG WIN” for AXANAR or “GAME OVER”? (Part 1)”

It was actually CHEAPER for AXANAR PRODUCTIONS to BUILD a studio than to RENT one!

NOTICE: THERE IS AN IMPORTANT PIECE OF INCORRECT INFORMATION CONTAINED IN THIS EDITORIAL. SOUND STAGE RENTAL IS NOT $15K-$30K/DAY BUT RATHER PER MONTH.

A FOLLOW-UP BLOG CORRECTING THIS ERROR APPEARS HERE.

One of the most controversial decisions made during the three-year saga (so far) of AXANAR was the choice to build Ares Studios (now Industry Studios) rather than to just rent a local sound stage in Los Angeles. They had planned to get a rent to own storage building however later decided to build a studio themselves.

In a recent Fan Film Factor interview, ALEC PETERS said that the original plan was NOT to shoot Axanar in Los Angeles but rather to film in upstate New York on James Cawley’s Star Trek: New Voyages sets:

I certainly wish we had done what I had originally planned on and shot Axanar at the Star Trek: New Voyages sets. Instead, Christian Gossett–our former director–felt he couldn’t shoot at those sets because of the limited space and the volunteer crew. Ironically, Rob Burnett did a beautiful job when we shot the “Heroes” vignette there. You’ll see his work as an “extra” when we release Axanar.

If we’d done that, we would be finished with Axanar by now and probably avoided the lawsuit.

Now, I don’t claim to know the details of whether the decision not to film on the New Voyages sets was made solely by Christian Gossett or solely by Alec Peters based on Christian’s reservations or as a team decision. But I do know that it changed everything about Axanar and immediately turned it from a fan film that could be made for potentially a couple of a hundred thousand dollars into a fan film that would cost between a half million and a million dollars (or more)…

…even if they’d rented a sound stage. In fact, BUILDING a studio instead of RENTING one actually saved them money! Let me ‘splain…

Continue reading “It was actually CHEAPER for AXANAR PRODUCTIONS to BUILD a studio than to RENT one!”

An interview with AXANAR attorney ERIN RANAHAN

Right after the settlement in the AXANAR lawsuit was announced, rumors were flying that the reason for this unexpected development was because the Court had lifted the confidentiality designation on Alec Peters’ financials. According to some detractors (well, most of them), Alec suddenly panicked that the jig was up and hastily rushed to settle so as not to let those financials become public.

You know me and rumors, right?

So I e-mailed Axanar lead defense attorney, Erin Ranahan, to see if these rumors were true or not. And she gave me a surprising answer. And then I asked her a few other quick questions, and she answered those, too. “Geez, if only I could get an official interview with you!” I e-mailed back to her.

A few seconds later, she responded: “Send me a list of questions and I’ll let you know which I can answer.”

Whoa! Did Erin just agree to do an interview with Fan Film Factor??? I didn’t even know that lawyers in big cases like these were allowed to give full interviews. Usually, all I see are quick sound bytes that don’t really say much.

And so I put together a list of questions, and Erin actually answered most of them. The couple that she didn’t dealt with items like the specific terms of the settlement, which are confidential.

So, is that rumor about Alec’s financials true? Read on…

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ALEC PETERS discusses the AXANAR LAWSUIT and SETTLEMENT (Interview – Part 2)

In Part 1 of my interview with AXANAR executive producer ALEC PETERS, we covered the past and the present. We discussed what led up to the copyright infringement lawsuit from CBS and Paramount, what happened during the 13 months the lawsuit was progressing toward trial, and what led to the unexpected (to most of us, at least) settlement.

Now it’s time to transition toward a look into the future. What exactly is Axanar allowed to do going forward, and what plans are there so far. But first, there was one really important question that I think a lot of people–donors and detractors alike–wanted to know…

JONATHAN: Okay, remember when you said I could ask you any question?

ALEC: Oh, boy…

JONATHAN: How much personal blame do you accept for the lawsuit and the delay in producing Axanar?

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