JONATHAN’S computer being fixed

Hey, folks.  My trusty ol’ Macintosh is gettin’ a little too ol’, so while I contemplate spending thousands on a new one (sorry, PC people, I’m never going back to Windows), the current contraption is going into the shop for at least a day or two.

This means a delay on any new blog posts (including my interview with Alec Peters), as well as approving and/or responding to any comments.  As soon as I’m back at full power, I’ll make those two tasks my priority (after my family, of course).

In the meantime, if you’re looking for something to do on an otherwise pleasant Saturday, think about tuning in for my Axanar lawsuit update on the Shane Plays radio broadcast this Saturday at 2pm Eastern (11am Pacific).  The show broadcasts live in the Little Rock area on 96.5 FM the Answer, and people can listen online at http://965fmtheanswer.com.  You can also call in!

AXANAR clarifies some additional questions about the SETTLEMENT

While we wait for my interview with Alec Peters for be reviewed and approved by the AXANAR legal team (yes, they’re taking the confidentiality aspects of the settlement agreement quite seriously…as they should), there was a posting made yesterday morning addressing some of the questions many Axanar fans (and detractors) have been asking.

ALEC PETERS answered four frequently-asked questions and also provided a link to a special blog about the Axanar financials (coming really soon…right, Alec???).

Here is yesterday’s post in its entirety…

Continue reading “AXANAR clarifies some additional questions about the SETTLEMENT”

VOYAGER CONTINUES releases photos from its “DERELICT” episode shoot!

Late last year, STARFLEET STUDIOS (in Iowa) released the half-hour long Star Trek: Raven and, with it, introduced the world to the new VOYAGER CONTINUES fan series.  Set aboard the titular starship during its time traversing the Delta Quadrant, the series promises to eventually feature members of the entire USS Voyager crew.  Their first episode, a short film called “Derelict,” will focus on just two characters: Seven-of-Nine and Harry Kim.

Last week, show-runner David Whitney began shooting scenes of “Derelict” with real physical sets (unlike the virtual CGI sets composited behind footage of actors in front of green screens).  And a few days ago, photos from that shoot were posted.

The first thing I noticed was that Seven-of-Nine’s hair was brunette, not blonde like actress Jeri Ryan had worn her hair when she played the character on Star Trek: Voyager.  Knowing that David Whitney had not been averse to using wigs (as his lead actress in Raven had filmed all of her scenes wearing a purple wig), I asked David why he hadn’t done the same thing for Seven-of-Nine?

It would have looked lame.  I know people will complain.  I don’t care.  Seriously, a wig would have looked crazy.  Of course Raven’s wig was awesome.  Finding the actress with blue eyes was hard enough. Frankly, finding someone who could act, was pretty, and had the right kind of bone structure was a real find.  Brown hair?  No big deal.  Jeri Ryan is a brunette.  She dyes her hair.  No, I could just not bring myself to ask her to bleach her hair. I’m really happy with her.  What a nice lady.

You can see more photos from the shoot and follow the latest news for this new fan series on the Voyager Continues Facebook page.

DEIMOS Production Crew releases new episode: “The Archive”!

Yes, folks, there are still other Star Trek fan films out there, and DEIMOS is one of them.  Formerly known as the fan series Starship Deimos, the umbrella”brand” POTEMKIN PICTURES has now dropped their fan series names (because the fan film guidelines prohibit it) and simply has tabs for each of their five endeavors, sorted by production crew.  You can view episodes from all the teams on the Potemkin Pictures websiteDeimos is based in Alabama and led by Potemkin Pictures creative head RANDY LANDERS.

The latest offering from the Deimos crew (their fourth production), the 11-minute long “The Archive,” features all of the main Starfleet characters plus a Romulan captain from their previous episode.  Like the rest of the Potemkin Pictures fan films, what this low/no-budget production lacks in style and pizzazz, they make up for in heart and dedication.  You can view “The Archive” below…

MORE DETAILS about the SETTLEMENT in the AXANAR LAWSUIT!

And so it ends…not in fire, not with a warp core breach and a huge explosion that rocks the very foundation of the world of copyright law, but with a quiet settlement between the parties with sparse details revealed to anyone not directly involved in the AXANAR lawsuit.

Press releases were issued separately by both CBS/Paramount and by Axanar Productions two and a half hours ago.  They both said mostly the same things, each with a different “spin.”  But details were sparse.

But Axanar just sent out an e-mail to donors with more specifics…and I’m a donor so I thought I’d share some of the details here.  In addition to the studios allowing Axanar to be produced and released, we now know a few more key things:

  • The Axanar fan film WILL be permitted to use Gary Graham as Soval!  (Wow.)  It will ALSO be allowed to use the other professional actors who appeared in Prelude to Axanar (J.G. Hertzler, Richard Hatch, and Kate Vernon…Tony Todd has previously announced he would not remain with the production).
  • The new Axanar fan film will have to adhere to all the other guidelines, including being limited to only two 15-minute parts of a single story, not having “Star Trek” in the title, etc.  No professionals can be compensated for their work on the production.
  • Public crowd-funding campaigns will not be permitted, but private donations can be accepted (I plan to donate).
  • Alec Peters and Axanar Productions will be allowed to create OTHER Star Trek fan films in the future beyond the Axanar sequel.  (Whether these other fan films will be in the Axanar universe or the more general Star Trek universe is still unknown, but any future films will also need to follow the guidelines.)

That’s what we DO know.  What was frustratingly absent from the announcements were two key pieces of information:

  • Was Alec Peters required to pay any kind of financial penalty to the studios?  (After all, by settling the case, he is avoiding a judgment in the thousands and perhaps even the millions of dollars.)  I have yet to independently confirm that.
  • What happens to Ares/Industry Studios?  There was no mention of its fate in today’s announcement.  I suppose if its still around in another month or two, we’ll have our answer.

But I want answers sooner than that…and I know you folks do, too!  I’ve already left messages for Alec Peters (voice-mail, text, Facebook IM), and I’m gonna keep pestering him for an interview…today, if possible!  And as soon as I get it transcribed, you’d better believe it’s going up on this website!

In the meantime, here is the full text for the announcement to the Axanar donors:

Continue reading “MORE DETAILS about the SETTLEMENT in the AXANAR LAWSUIT!”

BREAKING NEWS – AXANAR SETTLES LAWSUIT!!!

The following press release was just sent out by Axanar Productions.  I am told there will be more details coming in an e-mail to be sent out to donors later on today.  As soon as I receive that e-mail, I will publish it here.

Feel free to submit comments, but please understand that there is still a LOT we all do not know yet–including me.  So any responses I post will, for the time being, be only conjecture.  Rest assured that I plan to be in contact with Alec Peters and Mike Bawden as soon as I hit “Publish”….in three, two, one, NOW:

AXANAR PRODUCTIONS STATEMENT REGARDING COPYRIGHT INFRINGEMENT LAWSUIT SETTLEMENT

Valencia, CA – Friday, January 20 –  Axanar Productions is pleased to announce that we have reached a formal resolution to the lawsuit brought against Alec Peters, and the fan film production, AXANAR, by CBS Studios, Inc. and Paramount Pictures Corporation.

Since the beginning of the lawsuit, over a year ago, we have expressed our desire to address the concerns of the studios, and our willingness to make necessary changes, as long as we could reasonably meet our commitments to AXANAR’S over 14,000 donors, fans and supporters. We are now able to do exactly that.

Terms of the settlement agreement include an agreement to allow Axanar Productions to continue showing PRELUDE TO AXANAR commercial-free on YouTube and to allow Axanar Productions to produce the AXANAR feature film as two fifteen-minute segments that can be distributed on YouTube (also without ads).

Additional terms of the agreement will be made available to cast, crew and donors through private correspondence.

For the next sixty days, Axanar Productions will be working through some final legal requirements requiring immediate attention. In addition, there are several pre-production issues that need to be re-visited before we can begin principal photography on our project.

Axanar Productions was created by lifelong Star Trek fans to celebrate their love for Star Trek.  Alec Peters and the Axanar team look forward to continuing to share the Axanar story and are happy to work within the Guidelines for Fan Films for future projects.

Throughout this process, we will continue communicating with our fans and backers to ensure they are informed and involved until we reach completion of the production.

FOR MORE INFORMATION:
Mike Bawden, PR for Axanar Productions – 563.359.8654  ([email protected])
Morey Altman, PR for Axanar Productions – +972.54.325.4350

INTREPID releases their newest short film: “DUTY OF CARE”!

Based out of Scotland, the fan series formerly known as STAR TREK: INTREPID has been releasing fan films continuously since 2007.  With the new guidelines stating that Trek fan films cannot include the name “Star Trek,” this celebrated fan series has shortened its name simply to Intrepid.

But the creative team remains the same, led by fan filmmaker extraordinaire (and awesome bloke) NICK COOK.  Their latest offering, “Duty of Care,” is just under eight minutes long and features a small cast shooting outside on location.  I won’t spoil anything about the plot, but it is a quiet, introspective story focusing primarily on two characters who become very well developed in the short amount of time they appear on screen.

You can keep up with all the latest Intrepid news on their Facebook page.  And you can watch “Duty of Care” below…

ALEC PETERS discusses AXANAR’S FINANCIALS and his REVIEW COMMITTEE! (Interview)

Readers of the FAN FILM FACTOR comments sections know that I’ve spent months begging ALEC PETERS, executive producer for AXANAR, to discuss his production’s financials with me on an interview. A few weeks ago, he finally agreed! This is NOT that interview.

That interview is still coming. Before I conduct it, I want to invite interested people to submit questions to me that I can then present to Alec. (Yes, that means detractors, too. Just be aware that questions that are rude and belligerent won’t make it past the airlock. You have a question you want Alec Peters to answer? Fine. Just be polite when you ask it. It IS possible, folks.) I’ll be inviting people to submit questions to me next week after Alec releases his financial summary to donors–and therefore, to the public–and folks have had a chance to review it. No sense in asking questions when you haven’t seen the document yet (so stop typing, people!).

In preparation for what’s coming next week, I sent Alec a few questions via e-mail a few days ago, asking him to provide some information about the upcoming financial summary, how it is organized, and a little about the committee that was assembled to review it. Those answers just came back from Alec, so I’m copy-pasting them here to share with all of you (along with some brief IMing I just did to clarify a few points)…

Continue reading “ALEC PETERS discusses AXANAR’S FINANCIALS and his REVIEW COMMITTEE! (Interview)”

JUDGE issues TENTATIVE rulings on EXCLUSIONS in the AXANAR LAWSUIT! (Part 2)

Yesterday in Part 1, we began looking through Judge R. Gary Klausner’s TENTATIVE (important word!) rulings in the AXANAR lawsuit regarding the exclusion of evidence and witnesses from the jury trial.  The rulings were issued to the attorneys early Monday morning (before oral arguments, which is standard practice) and released to the public the following day.

Court-watchers on both sides of the case (pro- and anti-Axanar) were left confused and somewhat speechless, and neither side knew whether to gloat or mope.  Some of the rulings seemed to slam the hopes of the defense, while other rulings seemed to cripple the chances of the plaintiffs.  And a few of the rulings even contradicted each other!  (We’ll look at an example of the latter in just a moment.)

Yesterday, we began with the plaintiffs’ motions in limine (to exclude evidence and testimony).  All but one defense witness was tossed out (I was tossed out–bummer!).  And the plaintiffs were able to get the judgeto exclude any script version and any other piece of evidence produced or created after the lawsuit was filed on December 29, 2015.  But confusingly, the judge allowed Alec Peters’ revised and audited financial statement (which wasn’t produced until just two months ago).  The plaintiffs also received a nod from the judge preventing the defense from bringing up Alec Peters’ previous professional working relationship with the studios prior to his making of Axanar.  And the judge is still considering whether or not to allow the defense to mention the existence of other Star Trek fan films.

All in all, if I had seen only that, I’d have said it’s pretty much over for the defense (assuming all these TENTATIVE rulings stand, which is fairly unlikely).  Some of those exclusions are potentially devastating (especially if the judge rules the defense can’t bring up other fan films…even though the judge himself did on page 14 of his Order on Motion for Partial Summary Judgment).

But then I read his TENTATIVE rulings on the defense’s motions, and it suddenly seemed the plaintiffs could be in major trouble, too!  So today, we go through those…

Continue reading “JUDGE issues TENTATIVE rulings on EXCLUSIONS in the AXANAR LAWSUIT! (Part 2)”

JUDGE issues TENTATIVE rulings on EXCLUSIONS in the AXANAR LAWSUIT! (Part 1)

Okay, nobody cheer, nobody panic!  These are all TENTATIVE rulings in the AXANAR lawsuit.  Judge Klausner himself even made sure to put the word TENTATIVE in ALL CAPS in his ruling yesterday:

The Court makes the following TENTATIVE rulings on the Motions In Limine:

  • Plaintiff’s Motions In Limine No. 1 – Denied
  • Plaintiff’s Motions In Limine No. 2 – Granted
  • Plaintiff’s Motions In Limine No. 3 – Granted
  • Plaintiff’s Motions In Limine No. 4 – Granted
  • Plaintiff’s Motions In Limine No. 5 – Granted
  • Plaintiff’s Motions In Limine No. 6 – Under Submission
  • Plaintiff’s Motions In Limine No. 7 – Granted
  • Plaintiff’s Motions In Limine No. 8 – Granted
  • Plaintiff’s Motions In Limine No. 9 – Denied
  • Plaintiff’s Motions In Limine No. 10 – Granted

 

  • Defendant’s Motion In Limine No. 1 – Granted
  • Defendant’s Motion In Limine No. 2 – Denied
  • Defendant’s Motion In Limine No. 3 – Granted
  • Defendant’s Motion In Limine No. 4 – Granted
  • Defendant’s Motion In Limine No. 5 – Granted
  • Defendant’s Motion In Limine No. 6 – Granted
  • Defendant’s Motion In Limine No. 7 – Denied
  • Defendant’s Motion In Limine No. 8 – Denied
  • Defendant’s Motion In Limine No. 9 – Granted

So what the heck just happened?  Well, first of all, each party submitted motions in limine to Judge R. Gary Klausner on December 16 asking for certain pieces of evidence and witnesses (including me!) to be excluded from being presented or mentioned during the trial.  I wrote about all of those 19 motions in a 4-part blog starting here.  (It’s nice light reading.)

Then, last Friday, both the plaintiffs and the defense submitted 19 separate OPPOSITIONS to those 19 motions in limine…which I’ve collected for your reading pleasure into this single 143-page PDF: Oppositions to Motions In Limine.  (Yeah, talk about light reading!)

I’d actually begun preparing one of my meticulously entertaining  (or entertainingly meticulous) blog analyses of those oppositions, but I got sidetracked on blogs about the Judge’s ruling on fair use last Wednesday , the likelihood of a successful appeal, and a possible trip to the Supreme Court.  And and much as I was looking forward to reading through and summarizing 143 pages of dense legal arguments, that all seems like “old news” now that we’ve got this TENTATIVE (ALL CAPS!!!) ruling to look at.

So let’s look, shall we…?

Continue reading “JUDGE issues TENTATIVE rulings on EXCLUSIONS in the AXANAR LAWSUIT! (Part 1)”