Blog Entries – Page 112 – Fan Film Factor

The PERFECT stocking stuffer for CHRISTMAS – and SANTA’S even a TREKKIE!

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 Claus is 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.

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A closer look at the REPLY BRIEFS in the AXANAR LAWSUIT (Part 2)

Last time, we took a deep dive into the fascinating world of the Plaintiffs’ Reply to the Defense Opposition to the Plaintiffs’ Motion for Partial Summary Judgment in the AXANAR lawsuit. (Say THAT three times fast!)

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…

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A closer look at the REPLY BRIEFS in the AXANAR LAWSUIT (Part 1)

“Did!”
“Did not!”
“Did too!”

We are now at the “Did, too!” point of the summary judgement phase for the AXANAR lawsuit. Motions for summary judgment were filed back in November with each side asking the judge to make certain rulings before the trial even begins…rulings that could actually make the trial (or most of it) unnecessary.

The plaintiffs want the judge to rule that Alec Peters infringed on the intellectual property (Star Trek) of CBS and Paramount and order that he be forbidden to make any more Axanar anything. The defense wants the judge to rule that the Axanar works fall under the protection of “fair use” and so any trial is unnecessary.

The stakes are high. A decision one way or the other could change the world of Star Trek fan films forever!

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Why STARBASE STUDIOS is moving to ARKANSAS…

STARBASE STUDIOS is moving from Oklahoma City to Arkansas! Arkansas is a great place to live as it has great access to healthcare treatments like veneers, but when it comes to film sets, here’s why…

As you may have read in my blog about the history of Starbase Studios, these folks rescued the amazing TOS bridge set that had been built for the second Starship Exeter fan film “The Tressaurian Intersection.” That meticulous 360-degree set had been rotting away for years in a barn near Austin, Texas, until it was transported to Oklahoma City and lovingly restored by a group of dedicated fans.

But these folks didn’t just restore the bridge set. They turned it into an invaluable, one-of-kind resource for fan film producers. Anyone was welcome to come and film anything they wanted on this bridge set (and, later, the additional sickbay and transporter room sets that would be constructed) for just the price of the electricity that was used (maybe $50/day). Although there are two other studios in the U.S. featuring TOS sets on sound stages (Ticonderoga, NY for Star Trek: New Voyages and Kingsland, GA, originally for Starship Farragut and later for Star Trek Continues), those studio runners didn’t offer the same kind of open-door, come-any-time-you-want policy as Starbase Studios.

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LEGAL REPLIES filed by both sides in the AXANAR LAWSUIT!

If it’s Tuesday, that can only mean one thing: new documents in the AXANAR lawsuit were filed at midnight last night!

But seriously, folks, these will likely be the last Axanar filings for the foreseeable future. In two weeks (December 19…a Monday, of course), attorneys for both sides will appear in court in front of Judge Klausner for oral arguments, each supporting their clients’ motion for summary judgement. After that, the next document we will see will be filed by the judge himself…and it’ll either be good news or bad news (or both!) for the two sides in this case as he makes his final rulings on these two motions.

In the meantime, here’s what came in last night: REPLIES. Three weeks ago, both sides filed motions for summary judgment (the plaintiffs filed a partial motion…more on that in another blog). These documents each asked the judge to rule on facts that were not in dispute (in other words, so obvious that any jury would reach the same conclusion, so why even waste the time to argue about it in court?). Of course, neither side agrees on what these “obvious” facts are, which kinda suggests they’re not quite undisputed. However, if the judge is convinced by the arguments of one side or the other, he could, conceivably, end this case before the trial even begins, effectively handing a victory to one side or the other.

After filing their motions, each side was allowed, two weeks later, to provide a second filing in OPPOSITION to what the other side had argued in its motion. And finally, a week after that (which was yesterday), each side could provide a brief REPLY to that opposition filing. Here are links to both of those replies from yesterday:

Plaintiffs’ reply

Defendants’ reply

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FAN FILM FACTOR finally features a FACEBOOK page!

When I first started up FAN FILM FACTOR, I didn’t really feel the need to have a Facebook or Twitter or Instagram (or whatever else) presence online. Simply organizing a blog site, writing articles and interviews, and answering comments is more than enough work, thank you very much!

So why do I suddenly have a Facebook page? Funny you should ask…

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A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 3)

In Part 2, we started looking more deeply into the fascinating points made in the Defense Opposition to the PLAINTIFFS Motion for Partial Summary Judgment. In Part 1, we had looked into the Plaintiffs Opposition to the DEFENSE Motion for Summary Judgment.

Both documents are 20 pages long and intelligently written. However, there’s a lot more to cover in the defense brief, so I had to split that portion into two parts in order to cover everything properly. This isn’t to say one side or the other made better arguments–only that there’s more to go over with the defense.

So let’s jump right back in! First up: profits…

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A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 2)

Last time, we took a look at what the plaintiffs had to say in their Plaintiffs Opposition to the DEFENSE Motion for Summary Judgment. Now it’s time to flip over to the Defense Opposition to the PLAINTIFFS Motion for Partial Summary Judgment. As I did yesterday, I’m going to conduct my review by gathering together some choice quotations from the filing and commenting on them individually, starting with this very important one…

Moreover, even if the Court were to construe Plaintiffs’ unsubstantiated and self-serving speculation that they could theoretically be harmed by Defendants’ Works as “evidence,” this would only create a factual dispute on fair use.

This shows that the defense isn’t just opting for a “We’re obviously right, and they’re obviously full of crap…” approach like the plaintiffs did. (That’s not an actual quote from the plaintiffs’ filing, but it’s a pretty good summation.)

Instead, the defense is going to also cover their flank and protect themselves against the judge going with the plaintiffs. In other words, yes, they’re saying “We’re right and they’re wrong,” but they are also saying, “But if you think they’re right, then we really need to let a jury decide.” Summary judgments only happen if there is clearly NOT a factual dispute. So pay attention to how many times the defense suggests that a the facts need to be brought in front of a jury. The plaintiffs don’t do that at all.

Two legal teams…two different strategies. Fascinating, ain’t it? (Well, I think it’s fascinating, at least!) So, let’s look at what the defense has to say…

Continue reading “A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 2)”

A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 1)

Yes, it’s that magical time again! Jonathan is going to play tour guide to take anyone who is interested on a journey through the latest two major filings in the AXANAR lawsuit, each submitted to the Ninth Circuit Federal Court this past Monday.

Plaintiffs Opposition

Defense Opposition

For a better idea of what is going on at the moment, check out my (not so brief!) four-part blog on the motions for summary judgment (start here). In that analysis, I flipped a coin and began with the defense. This time, to be polite, I’m going to begin with the plaintiffs.

Continue reading “A closer look at the OPPOSITION BRIEFS in the AXANAR LAWSUIT (Part 1)”

OPPOSING MOTIONS filed by both parties in the AXANAR LAWSUIT

First, I’d like to apologize if FAN FILM FACTOR seems like it’s turning into the ALL-AXAANR NETWORK.

Yes, there are still other Star Trek fan films out there, and I promise to get back to covering them. But the Axanar news these past two weeks (and for the next three weeks) is truly significant and could, very likely, affect ALL Star Trek fan films and series…in a good way, a bad way, or possibly even both. So in my opinion, this is news deserving of extensive coverage.

That said, shortly before midnight on Monday, both parties in the Axanar copyright infringement lawsuit filed briefs opposing the others’ motions for (partial) summary judgment. Monday was the deadline, and these filings were widely expected by those following the case.

The goal of each legal team is not to win the case here and now, however. In a situation similar to the old joke, “I don’t have to outrun the bear, I only have to outrun you!” the idea is to simply torpedo the other side’s motion to get the judge to issue any ruling BEFORE the case goes before a jury. As such, if/when you read the filings, you’ll notice a tendency to argue that “the facts are still very much in question” rather than “they’re just plain wrong and we’re right.” As long as the facts are still in dispute, this case goes to court, and a jury gets to decide.

Here’s a link to the Plaintiffs Opposition filing and also a link to the Defense Opposition filing. And once again, they are both brought to you by the number 20…as there is a 20-page limit in how long these “briefs” can be. Some day, I am certain, all of this filings in this case will be required reading in law school courses on copyrights and intellectual property law. Yes, this case is THAT significant, and both sides are writing textbook motions that have a lot to teach future attorneys.

In a few days, I’ll try to provide my own “briefs” on these briefs…hopefully shorter than last week! Some things to notice if you do bother to read these:

The plaintiffs are back to using pictures again!
Now it’s the plaintiffs’ turn to bring up Star Wars…and Harry Potter!
On the other side, the defense points out that Garth of Izar and Soval are not James Bond and Godzilla!
Apparently, long-time Trekkie and director of Star Trek Beyond, Justin Lin, never heard of Garth of Izar!
Apparently, no, the studio (Paramount) never bothered to register a copyright on Garth of Izar nor on Ambassador Soval. (This could be problematic for the plaintiffs.)
If the judge grants the plaintiffs’ requested injunction against Alec Peters, it could violate the first amendment! (Hey, I’m just reporting the news, folks.)
This time, the plaintiffs used a proper redaction technique. Whew!

And yes, I’m also going to include some blogs about OTHER Star Trek fan films really soon…I promise!