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i09_wrong [2018/01/18 14:33] – [Worse Off?] edits to clarify Carlos Pedrazai09_wrong [2021/04/08 23:59] (current) – ['Out of Nowhere'] edits to add archive.org link Carlos Pedraza
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 [{{ :captain-peters-1.jpg?125|**Axanar producer Alec Peters**}}] [{{ :captain-peters-1.jpg?125|**Axanar producer Alec Peters**}}]
  
-The "professional commercial venture" Peters was engaged in was the studio he was building with fans' money rather than producing //Axanar//. In an interview on the Chicks Who Script podcast, Peters scoffed at the idea CBS would sue him, and went on to describe his real goal just weeks after CBS' warning:+=== 'Trading Off Our Property Rights' ===
  
-> The studio is the endgame. The idea is we create a studio that we can then [use to] produce our own original content, our own movies. … The idea is to produce our own original content.(([[http://www.chickswhoscript.com/tags/alec-peters|Chicks Who Script Podcast]], 9/28/15.))+The "professional commercial venture" Peters was engaged in was the [[studio_move|now-abandoned studio]] he was building with fans' money rather than producing //Axanar//, as well as an online [[merchandise]] operation. Just weeks after CBS' warning, in an interview on the Chicks Who Script podcast, Peters scoffed at the idea CBS would sue him, and went on to describe his real goal: 
 + 
 +> The studio is the endgame. The idea is we create a studio that we can then [use to] produce our own original content, our own movies. … The idea is to produce our own original content.(([[https://web.archive.org/web/20151001064225/http://www.chickswhoscript.com/podcast/sixty-alec-peters-and-left-brain|Chicks Who Script Podcast]], 9/28/15. The Chicks Who Script website has since ceased operations; this link is a copy at archive.org. The attached audio file, however, was not archived.))
  
 ==== Mandatory Guidelines? ==== ==== Mandatory Guidelines? ====
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 === Fan Films Flourish === === Fan Films Flourish ===
  
-The extent to which the guidelines are complex and restrictive is, of course, a matter of interpretation, though CBS has yet to enforce them with any fan production other than Axanar. Moreover, the complexity and restrictiveness failed to deter the production of Star Trek fan films since the guidelines' announcement, as was pointed out by even Axanar apologist Jonathan Lane on his blog, Fan Film Factor:+The extent to which the guidelines are complex and restrictive is, of course, a matter of interpretation, though CBS did not move to enforce them with any other fan production until March 31, 2018, the film //[[temporal_anomaly|Star Trek: Temporal Anomaly]]//. Moreover, the complexity and restrictiveness failed to deter the production of Star Trek fan films since the guidelines' announcement, as was pointed out even by Axanar apologist Jonathan Lane on his blog, Fan Film Factor:
  
 > 2017 was a BIG year for Star Trek fan films … possibly one of THE biggest! And that’s kinda funny considering how many people told me that the fan film guidelines would spell certain doom for Trek fan films. Even I thought that at first! … I had faith that the genre would continue despite the guidelines — perhaps even because of them (since they now gave Trekkers official permission from the studios to create their own productions…albeit within some overly-strict limits).(([[https://fanfilmfactor.com/2017/12/29/2017-star-trek-fan-film-year-in-review/|" > 2017 was a BIG year for Star Trek fan films … possibly one of THE biggest! And that’s kinda funny considering how many people told me that the fan film guidelines would spell certain doom for Trek fan films. Even I thought that at first! … I had faith that the genre would continue despite the guidelines — perhaps even because of them (since they now gave Trekkers official permission from the studios to create their own productions…albeit within some overly-strict limits).(([[https://fanfilmfactor.com/2017/12/29/2017-star-trek-fan-film-year-in-review/|"
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 ==== 'Yet to be Released' ==== ==== 'Yet to be Released' ====
  
-The settlement allowed //Axanar// to be produced but under severe restrictions — no crowdfunding, 30 minutes maximum, no one gets paid. Since the settlement, little progress has been made to getting the short film, dubbed Axanar Lite, into production. io9's article described Axanar Lite this way:+The settlement allowed //Axanar// to be produced but under severe restrictions — no crowdfunding, 30 minutes maximum, no one gets paid. Since the settlement, little progress has been made to getting the short film, nicknamed [[Axanar Lite]], into production. io9's article described Axanar Lite this way:
  
 > [The settlement resulted] in a radically cut-down version of the film—which has yet to be released—following CBS’s rules.(([[https://io9.gizmodo.com/the-100-most-important-pop-culture-moments-of-the-last-1822145186|"The 100 Most Important Pop Culture Moments of the Last 10 Years: #41-60"]], io9, 1/17/18.)) > [The settlement resulted] in a radically cut-down version of the film—which has yet to be released—following CBS’s rules.(([[https://io9.gizmodo.com/the-100-most-important-pop-culture-moments-of-the-last-1822145186|"The 100 Most Important Pop Culture Moments of the Last 10 Years: #41-60"]], io9, 1/17/18.))
  
-By describing the short film as "yet to be released" io9 implied Axanar Lite has since been produced. It has not. Peters spent all the fans' money, leaving nothing for production of even the short film. "Yet to be produced" would have been more accurate.+By describing the short film as "yet to be released" io9 implied Axanar Lite has since been produced. It has not. Peters spent all the fans' money, leaving nothing for production of even the short film. "Yet to be produced" would have better described the actual status of the project.
  
 ==== Worse Off? ==== ==== Worse Off? ====
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 Given that no other major studio sanctions fan-made projects, it's unclear what precedent was set by the case, other than the judge's finding that fans like Peters cannot profit from intellectual property they don't own. Given that no other major studio sanctions fan-made projects, it's unclear what precedent was set by the case, other than the judge's finding that fans like Peters cannot profit from intellectual property they don't own.
  
-In fact, as pointed out by CBS' Van Citters, the guidelines actually provide a [[guidelines-podcast#not_the_end_of_fan_films|safe harbor]] for fan producers against being sued for copyright infringement, marking the first time a major copyright holder has ever given any guidelines for unfettered use of a major piece of its intellectual property with just guidelines — a more accurate and significant cultural moment than that portrayed by io9. {{:axamonitor-ico.gif?nolink|}}+In fact, as pointed out by CBS' Van Citters, the guidelines actually provide a [[guidelines-podcast#not_the_end_of_fan_films|safe harbor]] for fan producers against being sued by CBS for copyright infringement, marking the first time a major copyright holder has ever given any guidelines for unfettered use of a major piece of its intellectual property with just guidelines — a more accurate and significant cultural moment than that portrayed by io9. {{:axamonitor-ico.gif?nolink|}}
  
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