Fan Film Factor

Why the new ARES STUDIOS Kickstarter is NOT a breach of the AXANAR legal settlement…

Okay, so a lot happened over the past few days in Lawrenceville, GA…the home of ARES STUDIOS. If you read yesterday’s blog, you know that the AXANAR project got a jaw-dropping $10,000 donation last Thursday from a very generous and supportive donor…bringing the total for the current private crowd-funding campaign above $20K. The goal was also adjusted upwards from $30K to $35K to bring in a little money to start work on post production while production (filming) is on hold due to the pandemic.

And while I was writing all of that up in a blog, ALEC PETERS was also launching a brand new Kickstarter to fund production of the first in a series of “Master Systems Display” Posters…the first one (pictured above) featuring a beautiful side cutaway view of the USS Ares. The artwork was lovingly and meticulously created by graphic designer extraordinaire ALEXANDER RICHARDSON of Great Britain. He’s actually created a whole bunch of these images based on the various ships from PRELUDE TO AXANAR. And if the first Kickstarter is successful, additional posters will be offered to fans with the proceeds going to help Ares Studios live long and prosper.

Actually, there’s no need to say “if” the first Kickstarter is successful. With a 15-day duration, the campaign reached the $1,200 goal in less than an hour, and within the first few hours had crossed the first stretch goal threshold of $3,000 (which unlocked a second poster—the USS Geronimo class—which will be sent free to all donors). After 24 hours, the campaign had added another thousand and was now closing in on the second stretch goal of $5,000 (which unlocks a mystery poster).

Not entirely unexpectedly, some less-than-supportive fans caught wind of the Kickstarter and mistakenly assumed that Alec was violating the legal settlement that he had signed with CBS and Paramount in January 2017, ending the infringement lawsuit and allowing Alec to complete two Axanar sequel films (15 minutes each) as long as he did not publicly fund the project using services like Kickstarter or Indiegogo.

Since Alec was using Kickstarter for these posters, they surmised, he must be breaking the settlement agreement and would quickly see a cease and desist letter (or worse!) from the lawyers at Loeb & Loeb on behalf of the corporation now known as ViacomCBS.

There are multiple reasons that these folks are wrong, of course. After all, Alec Peters isn’t stupid and did graduate from law school and pass the bar. He’d never risk the Axanar project and potentially his own livelihood just to print up a few hundred posters.

So, yes, this is all on the up and up. But just in case anyone is still dubious, let’s briefly discuss the biggest reasons that Alec is NOT running afoul of his settlement agreement…

AXANAR gets a $10,000 donation and adjusts plans due to the pandemic…

I always leave a tab open on my browser to monitor donation totals when I’m promoting crowd-funding campaigns,. For the past couple of months, I’ve kept a tab for the current AXANAR campaign to fund the major “alien” green screen shoot.

Earlier this week, the private fundraising total was at $10,795…although the number hadn’t moved much recently. The global economic uncertainty from the pandemic is understandably slowing crowd-funding donations down to a veritable standstill. Sure, the Axanar total still moves a little, but over the past three weeks, only $795 had come in since it crossed the $10K mark on April 22.

So imagine my surprise when I refreshed the tab on Thursday and saw the total was at $20,795!

For the first few seconds, my mind didn’t process it. I’d just checked it a couple of days before, and it was at $10,795…so my brain first looked at the “795” part and thought: Oh, well…hasn’t moved. Then it started sinking in—did I see a “2” at the beginning of the number? I checked again. Holy frack! This was either some system glitch with Ares Digital 3.0 or else someone had just given ALEC PETERS ten grand!

It was about 3am for Alec in Atlanta (midnight for me in L.A.), so the answer to my question would need to wait until morning. But first thing, I texted Alec. Yep, it really was a $10,000 donation…and Alec had been just as surprised as I was when he’d found out the day before.

The donor hasn’t given me permission to share his identity, but Alec confirmed that he had given $1,000 to the previous Axanar campaign that had raised money for the second Georgia shoot in March. Apparently, this fellow has been so impressed by the organization and progress of Axanar over the recent months that he decided to provide a second, jaw-droppingly generous donation. The donor called Alec on Thursday explaining how truly enthusiastic he was about the project, and how he had decided to give some more. “Check your account,” he told Alec over the phone—and when he did, Alec was almost speechless…except for a wave of sincere gratitude flowing out to let this donor how much his support meant to the project and to Alec personally.

In the meantime, there have been a few major changes to the Axanar production and post-production game-plan recently, so I might as well catch you up…

“VOICES FROM THE PAST” – the sixth fan film from THE FEDERATION FILES (audio interview with GLEN L. WOLFE)

When is a Star Trek fan film NOT a Star Trek fan film? Or is it vice-versa? For GLEN L. WOLFE, writer and director of the sixth installment of the anthology series THE FEDERATION FILES, “Voices from the Past,” any distinction is totally blurred and probably irrelevant. No matter what “Voices” might seem to be, it is at heart VERY much a Star Trek fan film!

Granted, it certainly doesn’t look like a Star Trek fan film. There are no starships flying around, no one wearing Starfleet uniforms, no Klingons or Romulans or Cardassians in sight. No main characters from any Star Trek TV series or movie are walking around. “Voices” doesn’t even take place in the 23rd or 24th century. And yet, it’s 100% a Star Trek fan film!

The fact that no scene takes place on a 23rd century starship is particularly surprising considering that Glen and his partner DAN REYNOLDS are the co-owners of WARP 66 STUDIOS in northeastern Arkansas and have access to a number of very high-end TOS-era sets like the bridge and sickbay. Indeed, over the course of the past three and a half years, The Federation Files has released these five fan films all set in the 23rd/24th century:

But this time, Glen has something very different in mind, and very unique in the world of Trek fan films. Without spoiling it for you, how about you just give it a look-see for yourself…

At nearly 39 minutes, the two parts of this fan film exceed the 30-minute limit imposed by the ViacomCBS guidelines, but I doubt these are the droids the license holders are looking for…as it would be highly unlikely that the casual viewer might mistake “Voices” for anything resembling Star Trek. So I’m guessing Glen and Dan are safe for the time being.

I always enjoy chatting with my pal Glen, especially after the release of a new Federation Files production. So once again, I’ve got a great audio interview with this mover-and-shaker of the Star Trek fan film community…

INTERLUDE Confidential #8 – lights, camera, acting!

When our Axanar Universe fan film INTERLUDE is released in a few months and the credits roll, two names will appear prominently: JOSHUA IRWIN and VICTORIA FOX. And it’s because of them that Interlude will not only be an awesome Star Trek fan film but also a visual work of art.

A year and a half ago, when I first suggested to Josh the idea of shooting a fan film on the Ares bridge set, I didn’t really have much in the way of expectations other than, “It’ll be SOOOOO cool!” Y’see, the Ares Studios bridge set is just so darn awesome-looking that I figured any fan film shot on it would have to look amazing. And when Josh started talking about all of the ways he planned to light it, the angles he’d shoot it from, types of lenses he’d use, etc.—it all just zoomed completely over my head. I simply figured that my fan film was in good hands, and it was gonna be such a blast flying to Georgia and getting to watch someone shoot on those sets.

A couple of months later when I discovered that Victoria usually collaborated with Josh on their amazing AVALON UNIVERSE fan films, I invited her to come on board the project, as well…and after some discussion, she accepted. At the time, I naively thought I understood how things worked with the two of them: Josh would set up the lights and cameras (cinematography) while Victoria would work with the actors. The perfect team, splitting the tasks right down the middle.

Man, was I wrong…!

Newly rediscovered 1967 STAR TREK FAN FILM used actual TUNICS from the Paramount set! (interview with ALAN WHITE)

In my first-ever Fan Film Factor blog from 2016, I credited PARAGON’S PARAGON as the generally-accepted first “major” Star Trek fan film. It was made back in 1974. But even in that blog, I mentioned “…that the earliest Star Trek fan films dated back to when the original series was still playing on first-run broadcast TV on NBC.”

At the time I first wrote the blog, I didn’t have any specific examples of such early fan films, but today I do! From way back in March of 1967, while the original Star Trek was still in its debut season, a trio of youngsters created a short Trek fan film titled THE THING IN THE CAVE. And here’s the most amazing thing: they used actual tunics from the show loaned out to them directly from the Star Trek set on the Paramount lot!

Imagine a fan film today using actual spare uniforms from Discovery or Picard. The mind boggles! But things were apparently much different in 1967 (the year I was born).

So who were these kids, how did they get a hold of actual Star Trek tunics, and why are we only first finding out about this “lost” fan film 53 years later?

For the answers, I have an interview with ALAN WHITE, one of the fan filmmakers behind The Thing in the Cave. A current resident of Las Vegas—where he lives with his wife of 30 years, DeDee—Alan was 20 years old back in 1967. About a month ago, Alan posted some photos to Facebook that he took of individual frames from a surviving roll of film from The Thing in the Cave. I was fascinated by both the age of the project and by how well-made and authentic the tunics looked. Naturally, I reached out to Alan in order to learn more…

Funny video: QUARANTINED

Never let a pandemic ruin an opportunity to take a pot-shot at STAR TREK: DISCOVERY…or so it seems for SCOTT BAKER, a writer, director, and Steadicam operator from Los Angeles. His independent film, 5th Passenger, featured Star Trek alumni TIM RUSS, MARINA SIRTIS, ARMIN SHIMERMAN, MANU INTIRAYMI, HANA HATAE, and DOUG JONES. In his spare time, Scott is also a decent cartoonist, and his first Trek-themed parody short from 2016, CEASE AND DESIST, lampooned the just-announced CBS fan film guidelines. Nearly four years later—with the help of fan film actors RYAN T. HUSK and RICO E. ANDERSON, along with MALÍSSA LONGO (widow of the recently passed and sorely missed ARON “Nog” EISENBERG)—Scott sets his parody sights on both the global quarantine and the most controversial canon changes in Discovery, with hilarious results…

The story behind POGO and his DATA & PICARD music video…

The strangely surreal DATA & PICARD Star Trek fan music video has been viewed on YouTube nearly seven and a half million times…making it one of the most widely seen Trek fan productions of all time. And yet, I haven’t covered it here on Fan Film Factor up until now—somewhat on purpose.

When the musician/DJ/remix artist/film editor/YouTuber POGO (whose real name is NICK BERTKE) first uploaded this unusually hypnotic video back in late 2016, it was certainly a project I intended to cover. But less than two years later—and before I was able to blog about him—Pogo/Nick created some major controversy and trouble for himself.

In a video from 2016 which was posted to YouTube in May of 2018 (and has since been removed for reasons of hate-speech), Pogo shared some very homophobic opinions, including calling gays an “abomination” and seeming to approve of the 2016 massacre at the gay nightclub Pulse. And of course, social media sleuths quickly unearthed another controversial rant of his against feminism from 2017. Within days, public opinion had turned strongly against Pogo, and the Lamplight Lounge at Disney’s California Adventure in Anaheim, CA, which featured some of Pogo’s Disney-related tracks on their restaurant’s playlist, quickly bowed to pressure and removed them all. (For more details on Pogo’s controversial statements and attempts to walk them back, click here.)

And so I was torn. On the one hand, Pogo had created this wildly popular Star Trek fan film music video…and his background story is quite interesting. On the other hand, hate speech and homophobia is anathema to me. I am totally repulsed by Pogo’s prejudices against gay people and women. I decided not to cover Pogo and his video…a decision I’ve stuck with for nearly two years (despite a number of readers sending me links and asking me to cover it). Eventually, I mostly forgot about the video.

A few weeks ago, however, I happened upon a new version of the Pogo video that had used a digital manipulation technique called Deepfake to replace Pogo’s image with the faces of PATRICK STEWART and BRENT SPINER. (I’ll include that new video at the end of this blog.) This new video got me thinking about maybe covering Pogo after all.

If you can’t stomach my decision, then please feel free to skip this blog. Otherwise, let’s start with showing Pogo’s original Data & Picard video (without the Deepfake) for those who haven’t seen it yet or who just want to see it again…

Pandemic gives fans a rare glimpse into a FAIR USE courtroom hearing!

In the summer of 2016 when the AXANAR infringement lawsuit was still in full swing, I drove to the Federal Courthouse in downtown Los Angeles to attend a hearing of the Ninth Circuit in that case. I was the only guest in the “audience” and the only person in the courtroom other than the clerk who didn’t have a law degree!

Nearly all legal proceedings in America are open to the general public, but few citizens avail themselves of this right because—for non-lawyers and non-participants—most of these proceedings are nigh incomprehensible and boring.

But I was personally invested in the Axanar case and found the hearing absolutely fascinating! In fact, I suspect that, had more Axanar supporters lived close to downtown L.A. and didn’t have work commitments, they would have flocked to watch the trial…had the case not settled.

Now the COVID-19 pandemic has offered a unique opportunity to watch Federal Court hearings remotely. The judges and lawyers are all working from separate locations and dialing into a video conference, and those proceedings are being broadcast live to YouTube so the public can observe. The conference videos are also being recorded and kept available on YouTube. Nothing like this has ever happened before! [CORRECTION – Oops, got that one wrong. Then Ninth Circuit (and possibly some other courts) has been streaming oral arguments since 2014.]

As many of you know, I’ve been closely following the infringement lawsuit where DR. SEUSS ENTERPRISES (DSE) has sued COMICMIX and author DAVID GERROLD, artist TY TEMPLETON, and publisher GLENN HAUMAN for violating DSE’s copyright in trying to publish Oh, The Places You’ll Boldly Go! mashing up Star Trek and Dr. Seuss.

Long story short: DSE lost. (Long story long: read this.)

With a pre-trial summary judgment, Judge JANIS SAMMARTINO ruled that “Boldly” (as it was shortened) qualified for First Amendment protection on the doctrine of Fair Use. That was in March of 2019. In August, DSE filed an appeal of that decision. (And here’s a blog explaining that in detail.)

The thing about an appeal is that you can’t just say, “Hey, we didn’t like that verdict, so we want a do-over with a new judge!” Nope, you can only appeal if you feel the first judge made a mistake in interpreting or applying the law in some way (other than just deciding against you.)

In DSE’s case, the biggest mistake they felt was made by Judge Sammartino was in determining that they (DSE) had to prove that they would suffer financial harm if Boldly were to be published and sold. DSE felt that ComicMix should have had to prove that DSE would not be injured by the mash-up. But because the district judge reversed the direction of burden of proof, and DSE failed to meet that burden, they lost and Boldly was ruled Fair Use. (DSE also felt that Boldly wasn’t transformative and also used too much of the original Dr. Seuss source material, which they contend should overturn any Fair Use ruling.)

HINDSIGHT: The Unmaking of ALTERNATIVE VICTORY…the 1982 fan film that never was!

Why do I spend so much time and effort showing support for fan films large and small? Why do I insist on always being positive about these productions…even when it would be so easy to find things to criticize?

The answer lies in this amazingly well-crafted video documentary that I present to you today. I began watching it on a friend’s recommendation. Initially, I took one look at the run-time—just over an hour—and thought: “Well, I’ll watch the first few minutes, at least…”

A little over an hour later, I’d watched the whole thing and was truly moved. THIS is the reason I write Fan Film Factor, folks!

If you’ve never worked on a fan film—even a really amateur one (my first, Voyages of the USS Angeles back in 1999, was pretty, um, humble)—it’s hard to explain what a truly intense and often (hopefully) rewarding and bonding experience it is for those involved. Whether your tasks on the production are large or small, you feel like part of a team, part of a joint creation and shared accomplishment. And even if the finished product doesn’t turn out as magnificent or awe-inspiring as you first imagined, no one can take away that time, effort, and camaraderie that you and your friends put into it.

And that’s the story presented in HINDSIGHT: THE UNMAKING OF ALTERNATIVE VICTORY. Back in the winter of 1982, a number of dedicated Trekkers from northern California came together to make a Star Trek fan film. Most were in high school or college, and nearly all of them were pretty clueless about filmmaking. But the thing was: they didn’t know they were clueless! And so they soldiered on, always imagining the awesomeness of their final production.

This 2013 documentary is a retrospective from 30 years later, featuring the young kids—now all grown up—who tried to make Alternative Victory. Looking back from the perspective of adults in their 40s and 50s, the documentary isn’t just about the making of this fan film. It’s about the people involved and the effect this shared experience had on all of their lives…even decades later.

I invite you all to share this special journey, this trek, with documentary-filmmaker DAVID HOGGAN and his friends as they look back at a fan film that almost was…

SQUADRON campaign reaches $8K with the help of AXANAR and INTERLUDE donors!

Lately, it seems like every morning we wake up with a choice to make: optimism or pessimism? Either the world is collapsing around our ears or else we’re gonna make it through this pandemic and everything will be fine again. Sometimes it feels like we’re faced with this decision multiple times each day!

And that brings us to the topic of crowd-funding campaigns. At the moment, with the global economy teetering on the edge of a second Great Depression, there aren’t any new Kickstarters or Indiegogo’s or GoFundMe’s starting up for Star Trek fan films. The odds are simply too long on reaching one’s goal. But what about those campaigns that launched BEFORE the pandemic (or just as quarantining was beginning)?

In the case of Neutral Zone Studios, owner RAY TESI reports that he’s suspended (not canceled) plans to move his TOS sets to Orlando and start up an Escape Room business. Their WeFunder campaign kicked off in late February with a goal of $100K and stalled at $30K. Ray suggests that they’ll have to see when things start getting back to normal. “No change in plan, only time,” he says.

But another February campaign that was caught by surprise was the Indiegogo for SQUADRON from the Czech Republic. These hardworking and humble folks put everything they had into their campaign. But with two weeks left in their two-month campaign, they were barely 23% of the way to their $15,000 goal, and donations had essentially flatlined. Squadron show-runner JAKUB HOLÝ was hopeful that they could make it at least to 50% ($7.5K) of their goal in order to afford all of the VFX shots they needed to tell their story properly. As a battle tale set during the Dominion War, CGI effects shots would be super-important.

But with seven weeks gone and only 13 days left—and during an international health crisis and economic collapse—how could Squadron possibly manage to double their total when it had barely budged for nearly a month?