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fan_films_breaking_the_unwritten_rules_and_defining_profit [2016/09/10 20:04] – [Profiting from a Fan Film?] Carlos Pedrazafan_films_breaking_the_unwritten_rules_and_defining_profit [2016/09/10 20:05] – [Legacy of the Case] italicized Carlos Pedraza
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 On what "profit" looks like for Axanar: On what "profit" looks like for Axanar:
  
-> [Peters] announced that he was building out a studio “for the production of Axanar,” but also said he wanted to use it to make other films in the future. <wrap hi>This plan added to the feeling among fans that Axanar was using another’s copyrighted work for their own profit.</wrap> The admissions by Peters, along with a [[annual report|financial report]] sent out to donors that was said to have numerous red flags indicating that he and his girlfriend may have drawn salaries from donated funds, was evidently the last straw for Paramount and CBS. <wrap lo>[emphasis added]</wrap>(([[http://met-iplaw.com/met-iplaw2012/?p=185|Intellectual Property Law blog, 2/11/16]]))+> [Peters] announced that he was building out a studio “for the production of Axanar,” but also said he wanted to use it to make other films in the future. <wrap hi>This plan added to the feeling among fans that Axanar was using another’s copyrighted work for their own profit.</wrap> The admissions by Peters, along with a [[annual report|financial report]] sent out to donors that was said to have numerous red flags indicating that he and his girlfriend may have drawn salaries from donated funds, was evidently the last straw for Paramount and CBS. <wrap lo>[//emphasis added//]</wrap>(([[http://met-iplaw.com/met-iplaw2012/?p=185|Intellectual Property Law blog, 2/11/16]]))
  
 Peters and others did draw salaries from their crowdfunding proceeds, according to Axanar's own [[annual report]]. Peters paid himself $38,000 plus more than $3,000 for his dues to the actors' union, SAG-AFTRA.((Axanar Annual Report 2015, Revised, p. 10, ({{::axanar-annual-report-v2.pdf|download here}}).)) Peters and others did draw salaries from their crowdfunding proceeds, according to Axanar's own [[annual report]]. Peters paid himself $38,000 plus more than $3,000 for his dues to the actors' union, SAG-AFTRA.((Axanar Annual Report 2015, Revised, p. 10, ({{::axanar-annual-report-v2.pdf|download here}}).))
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 Whether [[lawsuit|Paramount v. Axanar]] goes all the way to a jury trial or is settled out of court (like most lawsuits), Tomazic concludes it will have far-reaching implications on future fan film productions: Whether [[lawsuit|Paramount v. Axanar]] goes all the way to a jury trial or is settled out of court (like most lawsuits), Tomazic concludes it will have far-reaching implications on future fan film productions:
  
-> The Axanar lawsuit should serve as a cautionary tale for all fan film makers, as it will most likely result in strongly stated and probably strict parameters being set by other rights holders for future tolerated use of their intellectual property. <wrap hi>Peters, by going too far in making a film that was no longer a fan film but a low-budget film with paid professionals competing with Star Trek works, crossed that line.</wrap> He may have made it more difficult for fans to pay homage to their favorite movies with a lovingly crafted but still unauthorized work. <wrap lo>[emphasis added]</wrap>(([[http://met-iplaw.com/met-iplaw2012/?p=185|Intellectual Property Law blog, 2/11/16]]))+> The Axanar lawsuit should serve as a cautionary tale for all fan film makers, as it will most likely result in strongly stated and probably strict parameters being set by other rights holders for future tolerated use of their intellectual property. <wrap hi>Peters, by going too far in making a film that was no longer a fan film but a low-budget film with paid professionals competing with Star Trek works, crossed that line.</wrap> He may have made it more difficult for fans to pay homage to their favorite movies with a lovingly crafted but still unauthorized work. <wrap lo>[//emphasis added//]</wrap>(([[http://met-iplaw.com/met-iplaw2012/?p=185|Intellectual Property Law blog, 2/11/16]]))
  
 ==== New Fan Film Guidelines ==== ==== New Fan Film Guidelines ====