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fair_use_denied [2017/10/02 22:08] – [Fair Use Analysis] corrects citations year Carlos Pedrazafair_use_denied [2017/10/02 22:10] (current) – [Trek References in Judge's Order] corrects citations year Carlos Pedraza
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 == 'Not Transformative' == == 'Not Transformative' ==
-The judge also plainly declared, "The Axanar Works [//Prelude to Axanar// and //Axanar//] are not transformative,"((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 10, 1/4/16.)) a designation key to what Axanar's attorney had argued made Peters' use of Star Trek elements fair use under U.S. copyright law.+The judge also plainly declared, "The Axanar Works [//Prelude to Axanar// and //Axanar//] are not transformative,"((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 10, 1/4/17.)) a designation key to what Axanar's attorney had argued made Peters' use of Star Trek elements fair use under U.S. copyright law.
  
 == Mocks the Mockumentary == == Mocks the Mockumentary ==
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 As he did in his May order denying the defense's motion to dismiss the case, Klausner snuck several Star Trek references into his ruling: As he did in his May order denying the defense's motion to dismiss the case, Klausner snuck several Star Trek references into his ruling:
  
-> Like many other Star Trek fans, Peters wants to make his own Star Trek production. However, <wrap hi>going where no man has gone before</wrap> in producing Star Trek fan films, Defendants sought to make “a professional production,” “with a fully professional crew, many of whom have worked on Star Trek itself,” and raised over a million dollars on crowdsourcing websites Kickstarter and Indiegogo to fund their projects.((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 2, 1/4/16.))+> Like many other Star Trek fans, Peters wants to make his own Star Trek production. However, <wrap hi>going where no man has gone before</wrap> in producing Star Trek fan films, Defendants sought to make “a professional production,” “with a fully professional crew, many of whom have worked on Star Trek itself,” and raised over a million dollars on crowdsourcing websites Kickstarter and Indiegogo to fund their projects.((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 2, 1/4/17.))
  
 Also: Also:
  
-> There is no dispute that Plaintiffs have ownership of caopyrights to the Star Trek Copyrighted Works, and that Defendants have access to these Works. Thus, <wrap hi>the copyright infringement claim can live long and prosper if the Axanar Works are substantially similar to the Star Trek Copyrighted Works</wrap>.((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 4, 1/4/16.))+> There is no dispute that Plaintiffs have ownership of caopyrights to the Star Trek Copyrighted Works, and that Defendants have access to these Works. Thus, <wrap hi>the copyright infringement claim can live long and prosper if the Axanar Works are substantially similar to the Star Trek Copyrighted Works</wrap>.((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 4, 1/4/17.))
  
 And: And:
  
-> Peters “was interested in creating alternative ways for fans to view Star Trek” – the <wrap hi>way to Eden</wrap> perhaps.((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 13, 1/4/16.))+> Peters “was interested in creating alternative ways for fans to view Star Trek” – the <wrap hi>way to Eden</wrap> perhaps.((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 13, 1/4/17.))
  
 Also, from the episode, "A Taste of Armageddon": Also, from the episode, "A Taste of Armageddon":
  
-> <wrap hi>Sometimes a feeling is all we humans have to go on</wrap>. But for substantial similarity, the law demands more. ((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 4, 1/4/16.)) \\+> <wrap hi>Sometimes a feeling is all we humans have to go on</wrap>. But for substantial similarity, the law demands more. ((Judge R. Gary Klausner, Order Re: Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion for Summary Judgment, Docket 163, p. 4, 1/4/17.)) \\
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 **Keywords** {{tag>Lawsuit Plaintiffs Defendants Fair_Use Copyright summary_judgment}} **Keywords** {{tag>Lawsuit Plaintiffs Defendants Fair_Use Copyright summary_judgment}}