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copyright_infringement [2016/03/14 19:36] – [Defense] Carlos Pedrazacopyright_infringement [2018/04/01 14:18] (current) – [Axanar's Defense] Carlos Pedraza
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 +{{::copyright-battle.jpg|The Battle of Copyright. Used under Creative Commons license.}}
 +====== Copyright Infringement ======
 +{{TOC}}
 {{page>understanding}} {{page>understanding}}
  
-{{::copyright-battle.jpg|The Battle of Copyright. Used under Creative Commons license.}} 
- 
-====== Copyright Infringement ====== 
 Depending what you read, the [[lawsuit]] that [[CBS]] and [[Paramount Pictures]] have brought against [[Axanar Productions]] is either David vs. Goliath, a battle over who gets to control Star Trek, fans trying to express their love for a treasured half-century old legend, soulless corporate greed threatened by plucky creatives or amateurs using intellectual property they don't own to finance their foothold in the film industry. Depending what you read, the [[lawsuit]] that [[CBS]] and [[Paramount Pictures]] have brought against [[Axanar Productions]] is either David vs. Goliath, a battle over who gets to control Star Trek, fans trying to express their love for a treasured half-century old legend, soulless corporate greed threatened by plucky creatives or amateurs using intellectual property they don't own to finance their foothold in the film industry.
  
-At its heart, however, this dispute rests on whether Axanar engaged in **copyright infringement** against the Star Trek works owned by CBS Studios and licensed by Paramount Pictures.+At its heart, however, this dispute rests on whether Axanar engaged in **copyright infringement** against the Star Trek works owned by CBS Studios and Paramount Pictures.
  
 ===== What is infringement? ===== ===== What is infringement? =====
 Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.
 +
 +==== What Does Copyright Protect? ====
 +
  
 The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.
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 === Fan Films and Infringement === === Fan Films and Infringement ===
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-//**__‘//Axanar// may be a turning point in the relationship between rights holders and fan fiction creators.’__**//+//**__‘//Axanar// may be a turning point in the relationship between rights holders and fan fiction creators.’__**// //— Jonathan Bailey, Plagiarism Today//
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 ==== Defense ==== ==== Defense ====
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-//**__‘Fair use is tricky; it is literally decided on a case-by-case basis by the courts .’__**//+//**__« Fair use is tricky; it is literally decided on a case-by-case basis by the courts. »__**//
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 It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, or other surrounding circumstances.((Samuelson, Pamela (2009). [[http://fordhamlawreview.org/assets/pdfs/Vol_77/Samuelson2_Vol_77_Apr.pdf|"Unbundling Fair Uses" (PDF)]]. Fordham Law Review 77.)) It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, or other surrounding circumstances.((Samuelson, Pamela (2009). [[http://fordhamlawreview.org/assets/pdfs/Vol_77/Samuelson2_Vol_77_Apr.pdf|"Unbundling Fair Uses" (PDF)]]. Fordham Law Review 77.))
 ===== Axanar's Defense ===== ===== Axanar's Defense =====
-[[Legal defense]] +<wrap lo>//See also: [[knowing_infringement|Knowing infringement?]]//</wrap> 
-stub+ 
 +[{{ :burnett-wondercon.jpg?250|**RECIPE FOR DERIVATIVE WORK?** In a podcast interview, //Axanar// director Robert Meyer Burnett spells out how broadly the production searched for elements from copyrighted Star Trek works, potentially damaging the defense that its infringement wasn't willful or knowing. [[knowing infringement|Read more »]]}}] 
 + 
 +According to its second [[motion to dismiss]] the lawsuit, Axanar's evolving defense includes a claim of fair use.  
 + 
 +{{section>motion to dismiss#fair use defense}}
  
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-Portions of this article were adapted from the articles **[[wp>Copyright_infringement|Copyright Infringement]]**, **[[wp>Limitations_and_exceptions_to_copyright|Limitations and Exceptions to Copyright]]** and **[[wp>Fair_use|Fair Use]]**.+Portions of this article were adapted from the articles **[[wp>Copyright_infringement|Copyright Infringement]]**, **[[wp>Limitations_and_exceptions_to_copyright|Limitations and Exceptions to Copyright]]** and **[[wp>Fair_use|Fair Use]]**. {{:axamonitor-ico.gif?nolink|}}
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 **Keywords** **Keywords**
-{{tag>copyright lawsuit fan_films stub}}+{{tag>copyright lawsuit fan_films wrap_quote}}