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peters_second_life [2016/09/26 00:55] – [Future Projects] Carlos Pedrazapeters_second_life [2019/10/07 16:20] (current) – [Precedent-Setting Case] Carlos Pedraza
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 Peters' Q&A session at the Second Life event was recorded September 8, 2016, the 50th anniversary of Star Trek's debut on network television. Peters' Q&A session at the Second Life event was recorded September 8, 2016, the 50th anniversary of Star Trek's debut on network television.
  
-<WRAP right round info 50%> +<WRAP right round box 50%> 
-{{ ::185px-second_life_logo.png?150|}} +//**__« Even if we were to lose at trial, an appeal would likely be very positive for us. »__**// — //Alec Peters, Axanar producer//
-**What is Second Life?** \\ +
-<wrap lo>[[wp>Second_Life|Second Life]] is an online, three-dimensional virtual world developed by a San Francisco-based company that provides space for users (called Residents) to create visual representations of themselves (avatars) that can interact with other residents, places or objects. \\ +
-\\ +
-The event in which Peters appeared for a virtual question-and-answer session was the "Trek for a Cure" Faire, sponsored by  the [[https://slscificonvention.wordpress.com|Sci-Fi Alliance]]. The Faire, held September 7-11, 2016, celebrated the 50th anniversary of Star Trek, and raised money for the American Cancer Society.(([[http://slnewser.blogspot.com/2016/09/sci-fi-faire-opens-today.html|"Sci-Fi Faire Opens Today," Second Life Newser]], 9/7/16.))</wrap>+
 </WRAP> </WRAP>
  
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 > This case is being held in Southern California, and if it gets appealed it'll get appealed to the [[wp>United_States_Court_of_Appeals_for_the_Ninth_Circuit|Ninth Circuit]] -- one of the most liberal circuits in the country, and pro-artists' rights. Even if we were to lose at trial, an appeal would likely be very positive for us.(([[yout>v7dlvo70fwA|"Alec Peters interview at the Sci Fi faire 'Trek for a Cure' Event," Snapper Desade YouTube Channel]], 9/9/16.)) > This case is being held in Southern California, and if it gets appealed it'll get appealed to the [[wp>United_States_Court_of_Appeals_for_the_Ninth_Circuit|Ninth Circuit]] -- one of the most liberal circuits in the country, and pro-artists' rights. Even if we were to lose at trial, an appeal would likely be very positive for us.(([[yout>v7dlvo70fwA|"Alec Peters interview at the Sci Fi faire 'Trek for a Cure' Event," Snapper Desade YouTube Channel]], 9/9/16.))
 +
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 +{{ ::185px-second_life_logo.png?150|}}
 +**What is Second Life?** \\
 +<wrap lo>[[wp>Second_Life|Second Life]] is an online, three-dimensional virtual world developed by a San Francisco-based company that provides space for users (called Residents) to create visual representations of themselves (avatars) that can interact with other residents, places or objects. \\
 +\\
 +The event in which Peters appeared for a virtual question-and-answer session was the "Trek for a Cure" Faire, sponsored by  the [[https://slscificonvention.wordpress.com|Sci-Fi Alliance]]. The Faire, held September 7-11, 2016, celebrated the 50th anniversary of Star Trek, and raised money for the American Cancer Society.(([[http://slnewser.blogspot.com/2016/09/sci-fi-faire-opens-today.html|"Sci-Fi Faire Opens Today," Second Life Newser]], 9/7/16.))</wrap>
 +</WRAP>
  
 <wrap lo>//See also: [[http://fairuse.stanford.edu/courts/u-s-9th-circuit-court-of-appeals/|Copyright and Fair Use Cases in the U.S. Court of Appeals for the Ninth Circuit]] (Stanford University)//</wrap> <wrap lo>//See also: [[http://fairuse.stanford.edu/courts/u-s-9th-circuit-court-of-appeals/|Copyright and Fair Use Cases in the U.S. Court of Appeals for the Ninth Circuit]] (Stanford University)//</wrap>
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 One questioner asked how Axanar could be sued if it was being produced without intending to profit. Peters  replied that making money had no bearing on whether infringement occurred, explaining that Axanar's defense was based on [[fair use]], which protects "new and unique" uses of copyrighted material. He explained the fair use [[copyright_infringement#how_to_determine_fair_use|four-factor test]] used by courts like this: One questioner asked how Axanar could be sued if it was being produced without intending to profit. Peters  replied that making money had no bearing on whether infringement occurred, explaining that Axanar's defense was based on [[fair use]], which protects "new and unique" uses of copyrighted material. He explained the fair use [[copyright_infringement#how_to_determine_fair_use|four-factor test]] used by courts like this:
-  - What is purpose and character of the use, including whether the use is of a commercial nature or of nonprofit or educational purposes. 
  
 [{{ :mt-seleya-amended.jpg?300|**COPIED ELEMENTS** CBS and Paramount's legal complaint contains 28 pages of allegations of specific copyrighted Star Trek elements Axanar is alleged to have infringed upon, including parts of the planet Vulcan.}}] [{{ :mt-seleya-amended.jpg?300|**COPIED ELEMENTS** CBS and Paramount's legal complaint contains 28 pages of allegations of specific copyrighted Star Trek elements Axanar is alleged to have infringed upon, including parts of the planet Vulcan.}}]
  
-  - What is the nature of the use, such as whether it is transformative, like parody or scholarship. +  - What is purpose and character of the use, including whether the use is of a commercial nature or of nonprofit or educational purposes? 
-  - What amount of the original work used. Peters claimed Axanar "uses a very, very tiny portion of the copyrighted work of Star Trek." +  - What is the nature of the use, such as whether it is transformative, like parody or scholarship? 
-  - What is the effect of the use on the potential market for or value of the copyrighted work.+  - What amount of the original work used? Peters claimed Axanar "uses a very, very tiny portion of the copyrighted work of Star Trek." 
 +  - What is the effect of the use on the potential market for or value of the copyrighted work?
  
 Of the four factors, Peters assessed Axanar against only the third, stating Axanar infringed upon only a "tiny portion" of Star Trek, a claim disputed by the legal complaint against Peters. And he avoided any discussion of the fourth factor — commercial impact — an area in which many legal observers believe Axanar's [[copyright_infringement#legal_consensus|case is the weakest]]. Of the four factors, Peters assessed Axanar against only the third, stating Axanar infringed upon only a "tiny portion" of Star Trek, a claim disputed by the legal complaint against Peters. And he avoided any discussion of the fourth factor — commercial impact — an area in which many legal observers believe Axanar's [[copyright_infringement#legal_consensus|case is the weakest]].
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 The moderator repeated the often-heard but inaccurate notion that CBS and Paramount sued Axanar because it was too good, and asked Peters if that was true. Peters replied that //Axanar// itself had yet to be produced but that he was proud of the production values in //Prelude// and in the two-minute "Vulcan Scene" from the //Axanar// [[locked_script|screenplay]] that he released in 2015 to promote his [[axanar_indiegogo_details|Indiegogo campaign]]: The moderator repeated the often-heard but inaccurate notion that CBS and Paramount sued Axanar because it was too good, and asked Peters if that was true. Peters replied that //Axanar// itself had yet to be produced but that he was proud of the production values in //Prelude// and in the two-minute "Vulcan Scene" from the //Axanar// [[locked_script|screenplay]] that he released in 2015 to promote his [[axanar_indiegogo_details|Indiegogo campaign]]:
- 
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-//**__« Even if we were to lose at trial, an appeal would likely be very positive for us. »__**// — //Alec Peters, Axanar producer// 
-</WRAP> 
  
 > Understand, of course, that we haven't made //Axanar// yet. … We're very proud of [the Vulcan Scene], which is available online.(([[yout>v7dlvo70fwA|"Alec Peters interview at the Sci Fi faire 'Trek for a Cure' Event," Snapper Desade YouTube Channel]], 9/9/16.)) > Understand, of course, that we haven't made //Axanar// yet. … We're very proud of [the Vulcan Scene], which is available online.(([[yout>v7dlvo70fwA|"Alec Peters interview at the Sci Fi faire 'Trek for a Cure' Event," Snapper Desade YouTube Channel]], 9/9/16.))
 +
 +[{{ :preludeactors.jpg?300|**VETERAN SCIFI** actors Kate Vernon and [[Tony Todd]] appeared in the short film, //Prelude to Axanar//. Todd has since dropped out from Axanar, citing the production’s ‘accountability’ problems.}}]
  
 Peters neglected to mention, however, that after the lawsuit was filed in December 2015, he removed the Vulcan Scene from the Indiegogo [[https://www.indiegogo.com/projects/axanar#/|campaign page]], and issued multiple copyright takedown notices for copies other people had uploaded to YouTube, Facebook, Vimeo and other video sites. Peters neglected to mention, however, that after the lawsuit was filed in December 2015, he removed the Vulcan Scene from the Indiegogo [[https://www.indiegogo.com/projects/axanar#/|campaign page]], and issued multiple copyright takedown notices for copies other people had uploaded to YouTube, Facebook, Vimeo and other video sites.
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 > At some point I'm sure there will be a fundraiser just for incidental costs.(([[yout>v7dlvo70fwA|"Alec Peters interview at the Sci Fi faire 'Trek for a Cure' Event," Snapper Desade YouTube Channel]], 9/9/16.)) > At some point I'm sure there will be a fundraiser just for incidental costs.(([[yout>v7dlvo70fwA|"Alec Peters interview at the Sci Fi faire 'Trek for a Cure' Event," Snapper Desade YouTube Channel]], 9/9/16.))
  
-[{{ :preludeactors.jpg?300|**VETERAN SCIFI** actors Kate Vernon and [[Tony Todd]] appeared in the short film, //Prelude to Axanar//. Todd has since dropped out from Axanar, citing the production’s ‘accountability’ problems.}}]+Peters also encouraged one supporter to give him money using the Axanar website's Donate button, even though the questioner specifically asked how to lend non-monetary support to the project. 
 + 
 +[{{ :axanar-gerrold.jpg?300|**FAMOUS WRITER** Scifi author David Gerrold recently discussed the project on which he plans to collaborate with producer Alec Peters — an adaptation of Gerrold's well-known Chtorr novels.}}]
  
-Peters also encouraged one supporter to give him money using the Axanar website's Donate button, even though the questioner specifically asked how to lend non-monetary support to the project. 
 ==== Casting 'Prelude' ==== ==== Casting 'Prelude' ====
  
 Peters described how he cast so many well-known scifi actors in //Prelude to Axanar//, starting with Richard Hatch (//Battlestar Galactica//), who is Peters' acting coach. Hatch introduced him to J.G. Hertzler (//Star Trek: Deep Space Nine//), whom Peters described as "an easy get." Successful meetings later brought Kate Vernon (//Battlestar Galactica//) and Tony Todd (//Star Trek: Deep Space Nine//) aboard.  Peters described how he cast so many well-known scifi actors in //Prelude to Axanar//, starting with Richard Hatch (//Battlestar Galactica//), who is Peters' acting coach. Hatch introduced him to J.G. Hertzler (//Star Trek: Deep Space Nine//), whom Peters described as "an easy get." Successful meetings later brought Kate Vernon (//Battlestar Galactica//) and Tony Todd (//Star Trek: Deep Space Nine//) aboard. 
  
-Todd, of course, [[tony_todd|dropped the project]] a year ago amid public concerns about Peters' lack of accountability for his $1.1 million crowdfunded budget. +Todd, of course, [[tony_todd|dropped the project]] a year before amid public concerns about Peters' production delays and lack of accountability for his $1.1 million crowdfunded budget.
- +
-[{{ :axanar-gerrold.jpg?300|**FAMOUS WRITER** Scifi author David Gerrold recently discussed the project on which he plans to collaborate with producer Alec Peters — an adaptation of Gerrold's well-known Chtorr novels.}}]+
  
 ===== Future Projects ===== ===== Future Projects =====
  
-Prevented from producing //Axanar//, Peters told attendees he was working on "four or five different projects we're working on," mostly with new directors. He mentioned:+Prevented from producing //Axanar//, Peters told attendees he had "four or five different projects we're working on," mostly with new directors. He mentioned:
   * One project with "a rather famous science fiction writer whom you all know." Curiously, he did not mention David Gerrold by name, even though he had repeatedly [[yout>9E4yVDO8A08|discussed the project]] before.   * One project with "a rather famous science fiction writer whom you all know." Curiously, he did not mention David Gerrold by name, even though he had repeatedly [[yout>9E4yVDO8A08|discussed the project]] before.
   * "The Battle for Axanar," a documentary about the controversy surrounding the making of //Axanar//, including the [[copyright infringement]] [[lawsuit]] Peters is facing by Star Trek's owners, [[CBS]] and [[Paramount Pictures]]. {{:axamonitor-ico.gif?nolink|}}   * "The Battle for Axanar," a documentary about the controversy surrounding the making of //Axanar//, including the [[copyright infringement]] [[lawsuit]] Peters is facing by Star Trek's owners, [[CBS]] and [[Paramount Pictures]]. {{:axamonitor-ico.gif?nolink|}}