Bombshell in the Star Trek/Dr. Seuss MASH-UP infringement lawsuit: are SNEETCHES and ZAKS in the PUBLIC DOMAIN???

Copyrights don’t last forever. Unless they are properly renewed, they eventually expire. And when they do, the works those copyrights protected fall permanently into the public domain, free for everyone to use without fear of infringement lawsuits.

Is this the case with some of the most beloved creations of the late children’s book author DR. SEUSS? Can you or I use the Sneetches or the Zaks in any way we’d like? If so, the ramifications in the current Star Trek/Dr. Seuss mash-up lawsuit (and beyond) could be staggering!

Okay, a brief recap of where we are. After getting sued for copyright infringement by Dr. Seuss Enterprises (DSE) for trying to mash-up Seuss drawings with Star Trek characters and calling their book Oh, the Places You’ll Boldly Go! (or “Boldly,” for short), publisher ComicMix, along with Tribbles creator DAVID GERROLD and artist TY TEMPLETON, appeared to have won. In March of 2019, Ninth Circuit Judge Hon. JANIS SAMMARTINO dismissed the case having found that Boldly qualified for protection under the doctrine of Fair Use.

So DSE appealed the ruling, and this past December, a 3-judge appellate panel of the Ninth Circuit unanimously agreed that Boldly was NOT Fair Use and sent the case back to Judge Sammartino’s courtroom with the understanding that Team Mash-up could no longer rely on a Fair Use defense to save their Lorax.

Things looked really bad for Team Mash-up, but just as I and many others were about to count out ComicMix and company, they seem to have pulled an ace from their sleeve. Well, actually, it’s somewhere between an ace and a “Hail Mary” pass late in the fourth quarter, but whatever it is, it could be a total game-changer!

Let’s dive in…

In their latest renwed motion for summary judgement (meaning, “Don’t even waste everyone’s time with a jury trial, Judge, ’cause you know we won, so just give us our money now…”) from this past Friday, DSE is asking for a statutory award of $75,000 per work infringed, and they are claiming that THREE Dr. Seuss books were “slavishly copied”—Oh, the Places You’ll Go! (“Go!”), How the Grinch Stole Christmas! (“Grinch”) and The Sneetches and Other Stories (“Sneetches”). Some examples are as follows…

On the left, two pages from stories in “Sneetches”…and on the right, corresponding pages from “Boldly.”
On the left, a page from “Go!” (top) and “Grinch” (bottom)…and on the right, corresponding pages from “Boldly.”

So that’s 3 x $75,000 = $225,000 in potential damages awarded to DSE that ComicMix would have to pay…and possibly attorneys fees, as well. Yeesh!

Now, before I tell you how Team Mash-up is planning to get out of this predicament, we need to go over two VERY important things…

Continue reading “Bombshell in the Star Trek/Dr. Seuss MASH-UP infringement lawsuit: are SNEETCHES and ZAKS in the PUBLIC DOMAIN???”

Presenting INTERLUDE – a Star Trek fan film in the AXANAR Universe!

(I know you wanna see INTERLUDE! Feel free to scroll down to the bottom of this web page, then come back to read the full blog entry.)


I was a fan of AXANAR even before the launch of their first Kickstarter campaign back in early 2014. And when PRELUDE TO AXANAR was released that summer, I was ecstatic. There had never been any fan film like this one, and it FELT like the Star Trek I had grown up with…something I couldn’t say about the newest Trek movie releases from Paramount and (later) television releases from CBS.

Later that summer, I jumped at the chance to volunteer to help pack and ship perks to donors (of which I was one, of course), and I got to know ALEC PETERS, DIANA KINGSBURY, ROBERT MEYER BURNETT, and a bunch of other folks involved with the production. Heck, I even joined the gang along with RICHARD HATCH (may he rest in peace) at a P.F. Chang’s in Long Beach after a convention for an awesome dinner experience.

By 2015, I was writing weekly “Fan Film Friday” blogs for the Axanar website about other Trek fan films…something that led to the creation of Fan Film Factor half a year later. Fan films in general, and Axanar in particular, had quickly become a major part of my life as a Trek fan.

Interlude was born in stages, but I can trace its initial origin back to June of 2017 when I was reading Alec’s new 2-part Axanar script. The legal settlement with CBS and Paramount forced him to trim the full-length movie script down to two 15-minute segments that would be filmed in the same mock documentary style as Prelude.

By this point, the amazing half-completed bridge set was being packed up and moved cross-country from southern California to Georgia, and I was looking forward to seeing how bridge scenes would be incorporated into the “mockumentary” format. But to my shock and horror, there were NO bridge scenes in Alec’s new script…only the same “talking heads” dialog and VFX as there was in Prelude. Huh?

What I didn’t know at the time was that Alec had purposefully left out any bridge scenes because he wasn’t certain whether he’d be able to raise the funds to complete the set. However, not knowing why there weren’t any bridge scenes, I mistakenly assumed Alec just felt like he couldn’t squeeze them in and still tell the story properly. So as a way of demonstrating that it was possible to have bridge scenes, I wrote a new version of the script…what I call my “alt-Axanar” script. Alec won’t be using it (he’s fine with his own version), but someday after the two Axanar sequels are released, I’ll publish it here on the blog just for fun.

Continue reading “Presenting INTERLUDE – a Star Trek fan film in the AXANAR Universe!”

INTERLUDE Confidential #15: After putting out fires, INTERLUDE will finally premiere on MONDAY, APRIL 5!

I can finally and proudly announce a release date for my AXANAR Universe fan film INTERLUDE:

MONDAY, APRIL 5, 2021 (Star Trek ‘s “First Contact Day”).

Well be premiering it during a special Axanar Confidential livecast this Monday night at 10:00 pm Eastern Time when I and a bunch of members of Team Interlude will be appearing with Fleet Captain Garth himself, ALEC PETERS. You can find the livecast on the Axanar YouTube Channel.

Let me tell ya, folks, for the last week or so, I wasn’t quite sure we were gonna make that deadline! While there’s no one holding a phaser to our heads to release Interlude on April 5th, “First Contact Day” is a coveted spot among Star Trek fan filmmakers if they can hit it. But I checked around, and this year, no one I spoke to was claiming that day (and if they had, I would have let them have it and just chosen a different date a week or two later). So with the coast clear, I started mentally preparing myself for April 5th.

Although we’ve been REALLY close to completing Interlude for the past few weeks, I wasn’t feeling comfortable enough to make an announcement until today. After all, we’ve been having a series of really crazy things happen along the way that have delayed or at least impacted pre-production, production, and post-production. Among these: rivers flooding, wild tornadoes, freak polar blast ice storms, trapped woodpeckers, and stray dogs on the road. Read more about them here, here, and here.

And now we can add FIRE to the list!

This past Monday, I couldn’t reach MARK EDWARD LEWIS, our post-production sound designer, for most of the day. That in and of itself isn’t unusual; Mark has a pretty busy life, and I don’t expect the entire team to be “on call” 24/7. (You need to actually pay people—and pay them a lot!—for that kind of service.)

But Monday was an important day. With just seven days left until my still-unannounced but highly desired deadline, we’d had an e-mail glitch. Two days earlier, I’d sent Mark a compilation of final notes on the latest sound mix from myself, our director VICTORIA FOX, our editor JOSH IRWIN, and our composer KEVIN CROXTON. But it was now Monday, the clock was ticking, and no one had heard back from Mark. So I messaged him on Monday morning my time (about noon for Mark in rural Tennessee) just checking that he’d be able to get those final fixes done in the next day or two and send the final audio mix over to Josh.

“I’m still waiting for a response from my last e-mail,” he replied.

Continue reading “INTERLUDE Confidential #15: After putting out fires, INTERLUDE will finally premiere on MONDAY, APRIL 5!”

Star Trek fan filmmakers pay tribute to BARBARA READER following her passing…

Yesterday, fans found out that BARBARA READER finally lost her years-long battle with cancer. May her soul soar over the undiscovered country and across the final frontier.

If you’re not familiar with Barbara but you’re a fan of Star Trek fan films, she gave our community a precious gift: The STAR TREK REVIEWED blog site. Launched back in 2009, Barbara’s humble website quick grew to mind-blowing proportions, containing resources and information about nearly EVERY Star Trek fan film ever released!  In fact, I’m not sure I’ve ever found a Trek film that wasn’t already listed somewhere on Barbara’s site.  If you think I’ve covered a lot of Trek fan films here on Fan Film Factor, I’m just peanuts compared to an outfit like Star Trek Reviewed!

I never thought of Barbara and her blog site as a “competitor.” Like firefighters and police officers, there’s similarities but also a lot of significant differences in what we do.  STR covers EVERYTHING, but mostly as a “jumping-off” point to outside articles, interviews, and of course, the YouTube links to the fan films themselves. Barbara once told me she thought of herself mainly as the “librarian” of fan films.

I’m more of a “roving reporter,” and although Fan Film Factor doesn’t cover nearly as much, those fan films I do spotlight receive a deep-dive into the production process for each project along with getting to know the people who make them.

Together, Barb and I (or rather, our blogs) made a great team!

Speaking of teams, Barbara ultimately had to find a team of her own to help keep STR going. In 2016, with cancer starting to get the better of her (although she never complained or asked for pity), Barbara reached out to the fan film community and asked for some help. Up until that point, she had somehow managed to keep track of pretty much every old and new Star Trek fan film—and maintain what seemed like an infinite number of individual web pages (one for each production)…for SEVEN years all by herself!

Now she needed some help, and a number of volunteers stepped forward. These included KIROK L’STOK (real name Alan Anderton) from Australia along with SVEN MATTHES from Germany, and JAMES HEANEY (from Minnesota). Barbara and Sven would find all the fan film content, Kirok would write it up and enter it on the website (and post to Facebook), and James was the IT guy. Even now, they’re working on moving all the material over to a new website and should have it set up as a searchable database soon. They were hoping to have it running before Barbara passed away, but it wasn’t to be.

I’m somewhat embarrassed to admit that I didn’t know much about Barb’s personal history. But fortunately, James Heaney provided some enlightening background…

Continue reading “Star Trek fan filmmakers pay tribute to BARBARA READER following her passing…”

STAR TREK: VOYAGER documentary “TO THE JOURNEY” crowd-funder crosses $1 MILLION!

With just three days left to crowd-fund, the Indiegogo for the new Star Trek: Voyager documentary—now officially titled TO THE JOURNEY—crossed the ONE MILLION DOLLAR mark!

Is this a record? It’s really close!!!

The folks at 455 Films had previously crowd-funded the Trek-related documentaries FOR THE LOVE OF SPOCK on Kickstarter in 2015 with a total of $662,640 and DEEP SPACE NINE: WHAT WE LEFT BEHIND on Indiegogo in 2017 with $647,891…both with just under 10K backers.

Back in April of 2016, the Frank Zappa documentary and restoration project WHO THE F*@% IS FRANK ZAPPA? raised a mind-blowing $1,126,036 on Kickstarter. And that, my friends, is the record for crowd-funding a film documentary project.

When 455 Films started this campaign for Voyager, they were probably not even imagining coming close to that record. Likely, based on their previous two campaigns, they might have thought they’d crack seven or eight hundred thousand. But as the weeks passed, and stretch goals repeatedly toppled at 75K and 100K intervals, suddenly the idea of reaching or breaching that record became a real possibility…especially now with three days left and only $100K still to go.

As you can see from the stretch goals at the bottom of this page, To The Journey will have ALL of its Voyager clips mastered into HD…and there will be some kind of never-before-seen “Voyager surprise.” Will they add even more stretch goals? I guess we’ll know soon!

In the meantime, there’s still time to donate. They’ve also put tickets up for sale for red carpet premieres in Los Angeles, New York, and London on the campaign page…

https://www.indiegogo.com/projects/the-star-trek-voyager-documentary

STAR TREK: VOYAGER documentary will include HD REMASTERING!

It’s been a dream of fans ever since Paramount and later CBS Studios decided to remaster TOS and TNG using original film negatives and redone CGI effects to create HIGH DEFINITION version of all of those treasured episodes. These special editions looked glorious…unbelievably better than when they first aired on television in standard definition.

Sadly, the owners of Star Trek lost their enthusiasm for this expensive process of remastering after the completion of the seven season of TNG in late 2014. No announcements were ever made regarding similar projects for Deep Space Nine or Voyager, and as it’s now been nearly a decade since work began on the TNG remaster. With CBS putting all of its considerable financial resources into producing (currently) FIVE different first-run Star Trek series, it’s unlikely any other pre-CBS Trek series will be getting the remastering treatment.

But all hope is not completely lost…!

When IRA STEVEN BEHR and the folks at 455 Films were making the DS9 documentary WHAT WE LEFT BEHIND—which was initially crowd-funded back in 2017 and released the following year—they were disappointed with the low SD quality of the footage. They had hoped to spend some of the nearly 650K that they had raised in their Indiegogo remastering a few of the clips that they’d be including. But seeing the quality of those crisp and vibrant HD scenes only bummed them out whenever they saw a lower quality clip.

Unfortunately, the process for remastering is quite costly, both in terms of time and especially money. You have to look through seeming endless reels of raw film, find the takes you need, digitize those segments, and spend painstaking hours adjusting light levels, color balance, and a ton of other details. The results are amazing—they just cost a ton of money…

SD to the left versus HD on the right…what a difference!

With nearly all of the money raised from their Indiegogo already accounted for, the folks behind the DS9 documentary held additional fundraisers to cover the costs of digitizing the rest of the more than 20 minutes of footage they were using, at one point even offering “sponsorships” of specific clips. In the end, the addition crowd-funding was successful, including live action scenes and some amazing remastered VFX sequences.

Now, it looks like Star Trek: Voyager might get the same HD treatment!

With ten days left, the Indiegogo for the new Voyager documentary by the same folks at 455 Films is already hundreds of thousands of dollars above their DS9 predecessor’s campaign. In fact, they’re nearing a MILLION DOLLARS (which will set a new record for crowd-funding a documentary film on Indiegogo).

There have been ample stretch goals—revealed one-at-a-time as previous stretch goals were unlocked—but when they crossed $750K, they revealed three more stretch goals, and two of them are for remastering footage…

Already, they’ve passed the first of these goals, with the next one in sight. It’s very possible that this documentary will indeed take in over $1 million in donations from nearly 10K backers. Click below if you’d like to be one of them…

https://www.indiegogo.com/projects/the-star-trek-voyager-documentary

Saving a fan film in post-production – STARSHIP TRISTAN’s “36 hours” (interview with RANDY LANDERS and RICK FOXX)

All told, the latest episode of STARSHIP TRISTAN, “36 Hours,” is the 90th(!!!) fan film from the fine folks at POTEMKIN PICTURES (and you can watch all of their releases here on their website). Their very first fan series, PROJECT: POTEMKIN, ran for 36 episodes…beginning all the way back in late 2010 and wrapping up six years later.

Tristan was their second fan series (now referred to as a “Creative Group”), beginning in late 2015 and still going today. Of all of their remaining eight groups, Tristan has the most releases, with “36 Hours” being the 21st production overall to be posted to YouTube.

But “36 Hours” almost didn’t happen!

I mean, it got filmed, but it almost didn’t get completed and might have had to be scrapped…and this would have been a true pity, as several of the actors in it won’t be able to continue to be involved now that show-runner RANDY LANDERS—along with all of the sets—have relocated 6 hours north from their former location near Birmingham, Alabama to Lexington, KY.

This blog tells the story of how this one fan film was saved from digital oblivion during post production. Some fans are aware that that are three phases of development for a film project: pre-production (planning and getting everything ready), production (actual filming), and post-production (putting the pieces of the puzzle together and making sure everything looks and sounds good). You might think that, once you’ve shot all of your footage, that editing and post-production are fairly simple and straightforward. Well, it turns out that sometimes things are quite a bit more challenging.

To help tell this “story behind the story,” I have two fellows who helped make “36 Hours” happen. Randy Landers was the director, executive producer, and co-writer; and RICK FOXX was co-executive producer and also co-writer. However, in addition to sharing writing credits, Randy and Rick also shared editing duty—although you’ll only find Rick’s name as editor in the credits. Why is that? You’ll need to read the interview below.

But first, take a look at “36 hours”…

Continue reading “Saving a fan film in post-production – STARSHIP TRISTAN’s “36 hours” (interview with RANDY LANDERS and RICK FOXX)”

INTERLUDE Confidential #14: Ample post-production patience and perseverance!

“Production hell” (or “development hell”) is a real thing in Hollywood…so much so that it has its own Wikipedia page. But did you know there’s also post-production hell? Or at least, there SHOULD be!

The three phases of film creation are typically pre-production (planning, budgeting, financing, hiring, scheduling, location scouting, construction, costume and prop preparation, etc.), then production (actually shooting footage), and finally post-production (editing, picture level and color adjustment, visual effects, sound effects, music, sound-mixing, etc.). It’s understandable that the first phase would take a while, and of course, you might spend weeks or months (or more) filming everything that you need. And of course, sometimes these phases overlap a little with each other. But you’d think that, once all the raw footage is “in the can” as they say in the industry, that post-production would go pretty quickly…even on a big-budget project. In fact, especially on a big-budget project, as you can afford to pay people to focus on finishing YOUR production rather than splitting up their time.

Yeah, you’d think post-production would be nice and fast. And maybe it is for some projects…but sadly, not for me and my debut fan film INTERLUDE.

I’m actually not alone in having an unexpectedly extended period of post-production for my project. Some of the most ambitious Star Trek fan films shot the majority of their footage years or even as much as half a decade(!!!) before finally releasing their finished products: STAR TREK: FIRST FRONTIER, PACIFIC 201, STARSHIP EXETER, THE ROMULAN WAR, STAR TREK: TEMPORAL ANOMALY, many episodes of INTREPID…just to name a few. Heck, the series finale of STARSHIP FARRAGUT, “Homecoming,” was crowd-funded back in 2015, shot in 2016, and still isn’t out yet. And of course, fans have been waiting for YORKTOWN: A TIME TO HEAL for what feels like forever. The most recently-announced release dates were this past Christmas day and then the end of January. (A major illness of one of JOHN ATKIN’s family members has delayed the release a bit longer.)

And then there’s Interlude.

Continue reading “INTERLUDE Confidential #14: Ample post-production patience and perseverance!”

VOYAGER Documentary crowd-funder raises nearly HALF A MILLION DOLLARS in just 36 HOURS!

Wow. Just…wow!

Four years ago, when 455 Films—the production team behind the popular Star Trek-related documentaries FOR THE LOVE OF SPOCK, CHAOS ON THE BRIDGE, THE CAPTAINS, THE CAPTAINS CLOSE UP, STILL KICKING, and GET A LIFE—began crowd-funding for a major new documentary celebrating Star Trek: Deep Space Nine, it took them a full week to reach $300K (and they finished their Indiegogo with nearly $650K).

A new documentary retrospective spotlighting Star Trek: Voyager just launched an Indiegogo campaign at 2am Pacific Time on Monday morning and had reached $300K barely nine hours later! As I type this Tuesday afternoon, they’ve crossed 490K with 4,869 backers.

Now, before anyone starts saying “Nyah, nyah…fans like Voyager more than DS9!” keep in mind that it’s always easier to crowd-fund a project when you have 1) an existing list of previous donors and 2) another successfully-completed crowd-funded project under your belt.

It also helps that this Indiegogo campaign has some pretty exciting perks at relatively affordable levels, like exclusive zoom calls (limited to no more than 50 donors) with duos of Star Trek celebrities from various Trek TV series…each for only $150.

Meanwhile, for donors with deeper pockets, three different “away missions” to sacred filming sites of Star Trek—Vasquez Rocks, Griffith Observatory, and the Japanese Garden (aka Starfleet Academy)—will be led by Trek cast members and limited to groups of just 40 donors…and those perks are $1,000 each (travel costs not included). Then $2,000 gets you access to a 10-donor dinner with JAMES DARREN, NICOLE DeBOER, CONNOR TRINNEER, DOMINIC KEATING, and maybe more. There are also perks at lower levels, like $36 T-shirts and lapel pins, and even perks at levels of just $15 or even $5.

The initial goal was a “modest” $150K, which was passed in the first few hours. Since then, stretch goals have fallen like dominoes…funding additional 3D graphics and animations, the filming of the Voyager reunion convention in London this November, expanding the scope of the documentary from 60 to 90 minutes, and composing an original score.

And that’s all just in the first 24 hours of the campaign—there’s still 29 days left!!!

What does all of this donated money actually pay for? The campaign page answers…

We are still in the early stages of production with more interviews and support footage yet to be filmed. Once that is complete, Post-Production expenses will need to be covered such as editing, music, animation, color-correction, sound mixing and CBS/Star Trek footage licensing. The more we raise on this Indiegogo campaign, the more creative ways we have of making this documentary unique.

Also, remember that the Ds9 documentary, WHAT WE LEFT BEHIND, ended up doing additional fundraising for special remastering of the original film negatives and VFX footage to provide clips to match the HD quality of the remastered Next Generation blu-rays—something ViacomCBS sadly does not seem likely to spend money on for the other pre-CBS Trek series.

Anyway, the Indiegogo campaign is up, there’s already more than 4,500 backers, and you can be one of them if you’d like to donate here…

https://www.indiegogo.com/projects/the-star-trek-voyager-documentary#/

Get a little TOS chuckle from TIMES ARE CHANGING (interview with THE GERMAN SPOCK)!

A couple of months ago, shortly before Christmas, JENS DOMBEK (known to the world as “The German Spock”) gave fans the gift of a fun little vignette titled TIMES ARE CHANGING. And with the exception of bookends of 15 seconds at the beginning and at the end, there is no dialogue whatsoever for the three-and-a-half minutes in between!

And that’s what makes this such a unique and enjoyable fan film.

Back in the fledgling days of filmmaking, silent movies endeavored to tell stories without the benefit of spoken words. Indeed, the early works of Charlie Chaplin and Buster Keaton endeavored to make audiences laugh with purely physical (“slapstick”) comedy. In many ways, silent movie-making is a bit of a lost art.

But what’s so great about the fan film format is that there are no rules (only guidelines), and that freedom and flexibility allow fan filmmakers to explore all aspects of cinematic expression…including, as of now, silent slapstick comedy.

Granted, I don’t think Stan Laurel and Oliver Hardy have anything to fear (yet) from the comedy hijinks of Jens and his buddy MICHAEL O’CONNOR KELLY. But who cares? It’s fun watching Captain Kirk and Mr. Spock in a whimsical series of sight gags. Take a look…

Jens (pronounced “Yens”)has been cosplaying as an uncanny Spock lookalike in Germany and elsewhere for many years, sporting a nearly infinite number of costumes and uniforms in nearly infinite combinations…

Jens made his Star Trek fan film debut last June in one of the earliest “fandemic” films, LOOK FORWARD TO THE DAY, alongside fellow cosplayers MIKE LONGO as James T. Kirk and FRANK JENKS as Dr. McCoy—keeping socially distant via a subspace zoom call. A month later, Jens released a short fan film vignette of his own, I AM SPOCK—a mesmerizing 90-second soliloquy made all the more impactful by the eerie doppelgänger of our favorite Vulcan played by Jens. Jens also appeared in another “holiday” fandemic film, PEACE AND GOODWILL, with fellow cosplayers DAVID CHENG (playing admiral Nogura) and KEN HAYASHIDA (playing Sulu) just last December.

I did a full text interview with Jens when he released I Am Spock, but Times Are Changing was so unusual that I wanted to chat with Jens specifically about his latest effort…

Continue reading “Get a little TOS chuckle from TIMES ARE CHANGING (interview with THE GERMAN SPOCK)!”