Blog Entries – Page 65 – Fan Film Factor

Take that, DR. SEUSS; TREK MASH-UP is legally FAIR USE!

I’ve been watching this case closely for nearly two years, fascinated by the question of whether a”mash-up” of two separate intellectual properties (in this case STAR TREK and DR. SEUSS) could be successfully defended against a copyright infringement lawsuit using a defense of FAIR USE.

And yesterday, we discovered that the answer is officially “YES.”

For a more complete history of this case, check out any of my previous 15 blogs on the subject (I told you I was watching it closely!). In short, DAVID GERROLD (the creator of the tribbles) and TY TEMPLETON (award-winning comic book artist) set out to create a Seuss/Trek mash-up book called Oh, the Places You’ll Boldly Go!

Together with their publisher ComicMix, they set up a Kickstarter in late 2016 to fund a run of 5,000 printed copies of the book to sell through ThinkGeek. They raised about $30,000 when Dr. Seuss Enterprises (DSE) contacted Kickstarter with a DMCA takedown notice. The money was never collected.

Six weeks later, DSE sued the mash-up team for both copyright and trademark infringement. The case was an emotional rollercoaster ride for both sides, with the judge at one point dismissing the trademark claims and then later (after a re-refiling by DSE) reinstating the trademark claims.

On the copyright complaint side of things (different than trademark), the judge was ready to dismiss the case outright on grounds of Fair Use, but she gave DSE one chance to prove market harm by Team Mash-up. DSE was able to make a strong enough argument for financial damages that the judge allowed the case to move forward. That was 14 months ago.

The case has been complex, to say the least! And it had the potential, according to Ninth Circuit Federal Judge Hon. JANIS SAMMARTINO, to quite literally determine the fate of nearly all mash-ups well into the future. Would this new art form die in its infancy? Was it even a true art form? All of her rulings were carefully considered, and nothing was rushed.

After more than two years of legal wrangling, filings, responses, discovery and evidence and testimony, and motions for summary judgement, it all came down to pre-trial oral arguments made in Judge Sammartino’s San Diego Courtroom five weeks ago on February 7.

So what exactly happened, and is this case finally over…?

THE ROMULAN WAR releases newest WAR STORIES: “THE FIGHTING FOURTH”!

A week and a half ago, I reported that MARK NACCARATO, who is completing the fan film THE ROMULAN WAR (due out in the next few months), was about to release the fourth of his WAR STORIES vignettes: “The Fighting Fourth.” That happened for the general public this past weekend, and I have to say that this was my favorite War Story so far! (And since I starred in the third one, you know I’m being sincere.)

Before continuing, I just want to remind everyone to please donate a few bucks to their Indiegogo campaign. Although they surpassed their original goal, additional footage for the main film was shot by AARON VANDERKLEY in Australia, and Mark needs to reach $14,000 to cover Aaron’s additional expenses. He’s $980 short…can you help him out?

Anyway, this latest release is another “enhanced” audio drama, although I think I’d call this a full-on fan film! The difference is that “The Fighting Fourth” actually features a video recording of the main character, not simply the audio recording of log entries “enhanced” with display readouts and various animations. The footage features actor CHEWE NKOLE playing crewman Evander Littlejohn, and the African actor (now living in western Australia) turns in a very strong performance.

Also worth mentioning is sensational CGI effects done by everyone’s favorite British invader, SAMUEL COCKINGS of Trekyards. So we’ve got what I believe is the first-ever Star Trek fan film produced on three different continents (North America, Australia, and Europe), and a really fun and well-crafted 5-minute look at yet another intriguing aspect of The Romulan War… delaware fake id

You can watch the other War Stories vignettes here.

HOLY $#@*! When did CBS suddenly learn to make STAR TREK???

SPOILERS? HOW COULD THERE NOT BE SPOILERS?

I wasn’t gonna blog about this week’s episode. I really wasn’t. We were at Disneyland all day Friday and Saturday, and that’s usually my prime reviewing time. But OMF-ingG! What did I just watch????

It was STAR TREK. REAL Star Trek. The kind of Star Trek that gets me all excited and emotionally engaged and dying to see more. It was the kind of Star Trek that has me caring about the characters and not giving a crap that the uniforms are all shiny or the Tellarites now have tusks or the lens flares are multiplying like tribbles. Who cares??? This was a friggin’ STAR TREK!

If you hate Discovery or refuse to watch it or you stopped watching it in (or after)season one…I totally get and respect that. I spent nearly the entire first season kvetching, feeling angry and frustrated and even a little betrayed as a fan over CBS “ruining” this thing that I’d loved for the entire five decades of my life.

And honestly, I went into season two doubting that they could pull the rabbit out of their butts and fix things. Some “true believers” made the argument that TNG and DS9 weren’t exactly firing on all thrusters in their first seasons either, and they all got a lot better. But in my mind, Discovery was so far down into the hole that I didn’t think they would ever make it back into the light.

So if you’re wondering if Jonathan has been brainwashed by the CBS Talosians and tricked into typing a blog that raves about the eight episode of Discovery‘s second season, I invite you to check it out for yourself—just this one episode “If Memory Serves”—and see if you feel as surprised (and impressed!) as I do.

This was the kind of episode that I used to watch back in college…where it ended and I just wanted to TALK about it with other fans! And that’s why I’m writing this even though the episode aired three nights ago.

AVALON LOST is released as a new INDIEGOGO is launched! (audio interview with JOSHUA IRWIN and VICTORIA FOX)

It’s here! The first new 2019 Indiegogo campaign for a Star Trek fan film is now live and taking donations. Why should YOU donate? Lemme tellya…

THE AVALON UNIVERSE kicked off its debut last Halloween with a complete surprise for most fans: the 2-part GHOST SHIP, a sort of “Star Trek meets The Walking Dead” hybrid fan film that quickly went viral and now has a combined 280K views on YouTube!

Filmed both in Kingsland, GA on the old Star Trek Continues TOS sets and also in the new WARP 66 Studios in Arkansas, Ghost Ship looked amazing. Lighting, make-up, directing, editing, music, VFX, acting…everything came together flawlessly to present fans with one of the most polished-looking set-based fan films in a long time.

The only thing fans found a little odd were the uniforms worn by the Starfleet crew: a mix of the first two Kelvin-verse styles with Star Trek Beyond and TOS uniforms, all in a classic TOS setting. Even the USS Excalibur looked somewhat strange with a blue glow on the nacelles.

But then fans discovered that this was yet another alternate universe, the Avalon Universe, where things are a little different. (Avalon was the island on which King Arthur’s sword Excalibur was forged.) Fair enough; Trekkers are used to alternate universes by now.

Then, on February 2, the second Avalon Universe fan film, AVALON LOST, premiered., and it’s already up to nearly 35K views! This time, it was a one-parter with a very unexpected ending. Before you listen to my audio interview with the two Avalon show-runners at the end of this blog, I invite you to watch their most recent offering because there WILL BE SPOILERS in there interview…

Pretty awesome, right? I love that shuttlecraft! Anyway, I chatted with Josh and Victoria about their latest fan film, their new Indiegogo campaign, and their plans for future episodes from the Avalon Universe. Enjoy…

Click here to donate to their Indiegogo Campaign.

The right captain at the right time – WHY WE LIKE PIKE! (Discovery editorial)

I usually write my weekly STAR TREK: DISCOVERY review editorials on Fridays and Saturdays after the new episodes premiere on Thursday night. But the family and I are leaving on tonight for the weekend. So I’ve decided to pre-write my weekly blog—not about the latest episode—but about a character who is rapidly becoming my favorite starship captain in Star Trek: actor ANSON MOUNT’s portrayal of Christopher Pike.

It was literally the last thing I expected going into season two. I mean, I hoped that the show would course-correct after the disappointing and often frustrating season one (at least in my opinion, but I’m not alone). I was curious to see how they’d handle Pike and some of his crew—Number One, Dr. Boyce, Yeoman Colt, and of course good ol’ (young) Spock. But never in a million years would I have predicted falling in love with Captain Pike and having him rapidly take his place as my favorite Starfleet captain!

Granted, it’s still early. We’ve only had 7 or 8 episodes featuring Pike…versus a hundred hours of Kirk, nearly twice that for Picard and Sisko and Janeway, and about the same amount for Archer. Upcoming episodes could ruin the character or make me start counting the minutes until Pike goes back to the Enterprise.

But I doubt it.

Part of the reason I like Pike (and so do MANY others) so much is the outstanding performance of Anson Mount. He really is an amazing talent…and if you haven’t watched his previous series Hell on Wheels, then you are missing some amazing television and yet another awesome character.

But it’s not just that Pike is being played by a top notch actor. William Shatner, Sir Patrick Stewart, and the others are all stellar performers portraying iconic captains. So why have so many fans (even ones like me who couldn’t stand Discovery a year ago) fallen in love with Captain Pike so quickly?

I think I know…

Latest AXANAR Production Update video gets 4K views in fifteen hours!

Some folks ask why I give so much coverage to ALEC PETERS and AXANAR. The answer is simple: because there’s so much to cover! And trust me, if there were any news out of other major “in development” fan projects like Pacific 201 or Starship Farragut, I’d be covering them, too! In fact, last week I had a FANtastic interview with the production designers helping to put the finishing touches on the soon-to-be-released First Frontier.

Anyway, even though full production on the two remaining Axanar fan films hasn’t begun yet, Alec and the team are doing anything BUT resting resting on their laurels. Those who claim Axanar will never be made obviously haven’t been paying attention to how much time and effort are going into getting everything ready to launch this project. If the fan film is never going to be made, someone needs to tell all those hard-working folks in Lawrenceville, GA!

And Alec himself continues to be one of the hardest workers, now doing two regular livecasts on YouTube each week to generate donations to Ares Studios. Along with the Patreon (which is currently up to 198 donors giving $1,811/month…or nearly $22,000/year) the YouTube channel, with over 77K subscribers, is upping the total to more than $3,000 a month in contributions and revenue to help pay rent and utilities on the studio.

Alec posted his latest Production Update late Tuesday night, and it’s already been watched by more than 4,000 people. Among the items covered are how the Ares bridge is nearing completion and now will DEFINITELY appear in the Axanar films, how Ares Digital 3.0 is nearly complete (I’m one of the beta testers) and patch perks will ship soon, and plans now call for shooting to begin this summer. Alec’s and his team’s enthusiasm are clearly evident on the update video. Check it out…

Also, if you haven’t visited the Axanar YouTube Channel, now vould be a good time (as Chekov would say)! It’s up to more than 40 videos in categories including trailers, VFX sequences, donor updates, studio updates, production updates, convention appearances, and of course the weekly REEL TREK and AXANAR CONFIDENTIAL podcasts which usually have really interesting guests (including me at one point!).

There’s also a new playlist called “Fan Film Focus” which includes some exclusive behind-the-scenes content about other Trek fan productions. Like the rest of the channel, content for that section will expand over time.

NETFLIX now actively considering buying SPACE COMMAND fan series!

Late last year, writer/director MARC SCOTT ZICREE traveled to London where he met with NETFLIX to see if he could interest them in buying his independent, fan-funded sci-fi series SPACE COMMAND. Of course, there’s no guarantee of anything yet, but according to Marc in a recent mailing to donors:

Netflix is now actively considering Space Command! And if they buy it, they minimally would order an entire season – twelve hour-long episodes!

But we’re not resting on our laurels. We’re now actively working to set meetings with Amazon, Apple and many other networks and VOD platforms that might give Space Command a good home.

This news came right on the heels of the public release of the second half hour of the two hour pilot episode, “Redemption,” starring (among others) DOUG JONES (yep, that Doug Jones); ROBERT PICARDO (from Voyager) ; and MIRA FURLAN, BRUCE BOXLEITNER, and BILL MUMY (from Babylon 5). Each turns in amazing performances. And in upcoming episodes, we will see even more famous faces.

Space Command got its start waaaaaaay back in 2012 with an early Kickstarter that brought in a staggering $212,000 from more than 2,000 donors. It then took five years for the project to reach post-production, where a second Kickstarter raised an additional $108,000 that would help complete the first hour of the 2-hour pilot episode “Redemption.”

The first half-hour segment of the pilot premiered last summer at San Diego Comic cons and debuted on YouTube for fans in August. Then a third Kickstarter raised $102,000 more for post-production on the second hour of the pilot. Marc is also selling individual $7,500 shares in the venture for supporters looking for a return on investment if/when the series sells.

A fourth Kickstarter is on its way soon, funding production on the second hour-long episode, “Forgiveness” (40 minutes of which has already been filmed). There is also now a VERY impressive first issue of the Space Command Comic Magazineposted online…check it out!

In the meantime, Marc released the completed first hour in January. It’s REALLY worth watching—especially for the captivating performances of Doug Jones, Robert Picardo, and Mira Furlan…truly some of their best work! It includes bookend commentary updates from Marc along with scenes (at the end) from upcoming episodes. Take a look…

And as an added bonus, below is the first half-hour that was released last August. I’m including it here for comparison/contrast. Y’see, Space Command is a work-in-progress, and VFX and color correction are an ongoing process. For example, after the release of the first half-hour, some folks noticed that in the scene where two characters are driving in a convertible (originally shot against a green screen), neither actor’s hair is moving in the wind! So that was fixed in the second release…along with many other little and not-so-little tweaks. So if you want to test your “eagle eye,” here’s your chance…

Keep on SPOCKIN’ me, baby! (STAR TREK: DISCOVERY editorial review)

FORECAST: Moderate chance of SPOILERS

In season one, many readers wondered if I was just a “hater” and wouldn’t like anything I saw on STAR TREK: DISCOVERY no matter how good it was. But so far in season two, Discovery has been batting .667 with me, with four positive reviews and only two episodes so far that I felt warranted criticism.

So now that we’ve reached the halfway point of season two and the search for Spock has finally moved into the “found him!” stage, what did I think of the seventh episode, “Light and Shadows”?

I’ll let Spocko sum up my feelings…

Yep, I loved this episode. For a second week in a row, I watched through the entire episode without stopping or stepping away. I was completely engrossed, and the episode seemed to pass so quickly!

Of course, I should note that this was also the SHORTEST episode of the season so far, with a run-time of just 40 minutes. For comparison, the season premiere was a full hour, episodes 3-5 were about 50-52 minutes each, episode 6 was 56 minutes, and only episode 2 was under 50 minutes (only 44 minutes). So this latest episode was definitely a short one (which also means less expensive to make…but don’t tell anyone!).

Okay, before I get to reviewin’, I wrote some song lyrics after watching this episode—as a tribute to Michael Burnham’s “trek” through the two seasons of Discovery. If you don’t want spoilers or have any loyalty whatsoever to the Steve Miller Band, skip this next part…

I went from Shenzhou to the Disco all the way to the Mirro…
then Kaminar down to Vulcan and more…
Section 31 where the things they have done are taking me to Talos IV.
So keep on Spockin’ me, baby! Keep on Spockin’ me, baby!

Ahem. Okay, let’s dive in…

THE ROMULAN WAR fan film is now being made on THREE CONTINENTS!

One of the fan productions I’m most looking forward to at the moment is MARK NACCARATO’s project focusing on the battles and strategies of THE ROMULAN WAR with Earth. Presented as a war documentary (similar to Prelude to Axanar), Mark’s stories will pick up where Star Trek: Enterprise frustratingly left off: just BEFORE the ware between the Coalition of Planets and the Romulan Star Empire began.

Leading up to the planned May 2019 premiere of the full fan film, Mark has released a series of short “enhanced” audio dramas called WAR STORIES. They typically present personal logs or subspace correspondence made by someone involved in the war, usually recorded by a trained voice actor reading the script. (I say “usually” because I am definitely not a trained actor, but I recorded one myself!) The releases, while available in audio format for listening only, are ALSO available on YouTube with added VFX and other graphics to look like Starfleet archival footage. They’re REALLY cool.

For anyone who hasn’t seen and heard these War Stories releases yet, you can view them all on this YouTube playlist. They are only 17 and a half minutes total, so it’s not even that much of a time investment. In fact, anyone who says you can’t tell a decent fan film story in 15 minutes or less NEEDS to watch these four productions, as they each do it in under five minutes! (Well, one is a two-parter.)

This is one of the few fan projects set in the NX-era. Another is the series of amazing and powerful short films produced by AARON VANDERKLEY in Australia. If you haven’t watched them yet, you should check them out.

Now Mark Naccarato and Aaron Vanderkley have joined forces for the latest War Stories production, “The Fighting Fourth.” So that’s America and Australia teaming up for the first time. BUT! Let’s also add in a third continent—Europe—as Britain’s own SAMUEL COCKINGS, the hardest-working Trekpert in geek fandom, has lent his talents with some amazing CGI animation. Just take a look at this trailer…

“The Fighting Fourth” will be released first to donors very soon. So if you’d like to see it early, contribute a buck or three to the still-active Indiegogo campaign (now funding post-production costs).

Behind-the-scenes on STAR TREK: FIRST FRONTIER! (a MUST-SEE interview with MATT GREEN and SCOTT LYTTLE)

The era of the “big” professional-looking Star Trek fan films is NOT yet over, folks! In fact, fans are still awaiting four major productions that predate the guidelines of nearly three years ago: Axanar (of course), Pacific 201, the series finale of Starship Farragut (with a cameo by the late-great Stan Lee), and Star Trek: First Frontier. And one of those four fan films is about to cross over from post-production to release…and it’s just weeks away!

I’m sure you’ve already guessed from the title of this blog that it’s STAR TREK: FIRST FRONTIER, a professional-quality fan production that was first conceived back in 2013 by writer/show-runner KENNY SMITH. The story features the first captain of the USS Enterprise NCC-1701, Robert April, and his crew on their maiden voyage. The actors are trained professionals, the uniforms and sets constructed to look pre-Pike era (TOS, not Discovery), and the production crew were mostly industry folks with experience. I know the guidelines preclude most of the above now, but all of the production footage was “in the can” nearly a year BEFORE the guidelines were ever announced.

After an aborted 2015 Kickstarter that only raised $30K of a $130K goal, Kenny decided to fund the production himself, filming scenes using a mix of practical sets and green screen shots later that year. Originally planned for a September 2016 release to celebrate the 50th anniversary of Star Trek, and even though all the live action scenes were filmed, post-production would end up taking three times longer than anticipated!

But they had a very good excuse! The production decided NOT to use traditional CGI animation and instead built a physical 11-foot model of April’s Enterprise (estimated materials and labor cost $30,000) and filmed the VFX the old fashioned way…in a studio in front of a giant green screen!

But they didn’t stop there…

After shooting that gorgeous starship model in early 2017, they next went on to construct an equally-amazing 1/24th scale hangar deck and shuttlecraft for a number of VFX scenes that take place in that area of the ship. Photos of their incredible miniature shuttle bay have only just begun to circulate, and fans’ jaws are dropping left and right!

Fortunately, the two gentlemen in charge of the construction of these incredible models took pictures and videos along the way…hundreds in fact! And I’ve got most of them to show you in this exclusive Fan Film Factoraudio interview with a special video montage “bonus.”

Ladies and gentlemen, I present to you MATT GREEN and SCOTT LYTTLE, the men behind Captain Robert April’s Enterprise and hangar bay…