Picking Up Loose Threads In the Aftermath of the Settlement with CBS-Paramount

Although settlement of his copyright lawsuit cleared the way for Alec Peters to finally produce Axanar, albeit as a short film rather than the feature film promised to donors who coughed up $1.4 million, the new path to production still has some obstacles to navigate.

Like any settlement, both sides give up something in order to end their legal dispute. In Axanar’s case, its concessions heavily constrain the production. Meanwhile, plaintiffs CBS and Paramount Pictures allowed Peters to produce something using cast and crew who would’ve been unavailable under the fan film guidelines CBS published in June 2015.

In most respects, however, the short version of Axanar will have to follow those guidelines. In the days since the January 20, 2017, settlement details emerged about what Peters will be permitted to do, even as fresh questions were raised.

The guidelines proscribe the use of professionals to produce a fan film, especially including actors and crew who have previously worked for CBS and/or professional Star Trek. However, the studios appeared to grant an exception regarding some specific personnel, among them director Robert Meyer Burnett.

Presumably, that was a big concession on the studios’ part, but Burnett himself wouldn’t commit to helming whatever the shortened form of Axanar will be, telling AxaMonitor:

I’ve been out of the loop on the actual settlement. … I don’t really know. I’m cutting a feature right now, and then I start work on a series plus I have more special feature work coming up.¹⁾

Were he to take up the reins of the shorter Axanar under the constraints of the settlement, Burnett speculated it might look like this:

I’d like to make the first half-hour of the [originally planned feature] film. Most of the effects are complete, there’s been some music composed, etc. I’d cast some great actors, etc. Then just end it with “To be continued…” and see what happens…²⁾

In his own “Captain’s Log” on the Axanar website, however, Peters imagined differently:

It is possible the two 15-minute episodes will be two more episodes of “The Four Years War” documentary [like Prelude to Axanar], as that is a great story telling format, which we have proven ourselves able to execute.³⁾

Peters said he would meet with other production team members in the following two weeks to settle on how they planned to produce Axanar under the settlement’s terms.⁴⁾

Fans’ reactions varied, with some proclaiming victory at the chance of seeing Axanar onscreen in any form, even as a short film:

Hey any fight you can walk away from. … Okay, Axanar is taking a black eye on length; but the story gets told.

OK OK some folks are complaining about Axanar Productions not delivering … but … ya can’t always get what you want but if ya try sometimes you just might find you get what ya need (Rolling Stones). AXANAR tried, Prelude is amazing and is now a standard for independent sci-fi movies.⁵⁾

Others, however, bristled at the constraints to which Peters agreed:

You’re acceding to everything you were initially against and calling it a “win”. It’s not a win, you just caved, lowered your expectations to levels you wouldn’t lower it to at first. At first you were absolutely against guidelines like the two 15-minute parts thing. I was proud to follow you. Now you got fucked and you’re asking for more. Not only that, but you sent out the signal that other companies like CBS/P[aramount] can do this too. What a disgrace.⁶⁾

The guidelines prohibit the use of, and paying for, professional actors to appear in a fan production. The settlement, however, made specific exemptions in the case of actors Richard Hatch (who was to play the Klingon, Kharn), Kate Vernon (Capt. Sonya Alexander), J.G. Hertzler (Admiral Sam Travis) and Gary Graham (reprising his canon role as Vulcan ambassador Soval).

However, none of those actors publicly stated whether they would appear in a much-shorter Axanar, and fans weren’t sure the constraints would allow for the best use of the talent:

While I’m glad they can still use the intended actors, what exactly will they get to act? With the limit on time and the “have to follow the guidelines” BS, there is nothing for anyone to really act at all.⁷⁾

What appeared to be a straightforward admission by Peters that Axanar ran afoul of copyright law fell into some doubt in the days since the settlement was announced in what was explicitly called a joint statement by the studios and Peters:

Axanar and Mr. Peters acknowledge that both films were not approved by Paramount or CBS, and that both works crossed boundaries acceptable to CBS and Paramount relating to copyright law.

On Facebook, Axanar supporter Colin Krapp raised doubt about whether Peters in fact acknowledged the copyright transgression:

We have no idea what was actually said … only what CBS and Paramount said in their release. Anything else is conjecture.⁸⁾

Krapp substantiated his claim citing what he was told by Axanar spokesman Mike Bawden:

I checked with Mike Bawden. … According to him, the “joint statement” came from CBS and Paramount and was “shared” with Axanar Productions by [studio’s attorneys] Loeb & Loeb, and it was decided that Axanar Productions would draft their own release (apparently with no objections from L&L). So it wasn’t as “joint” as you’d like to think.⁹⁾

Asked whether

perks

Funding

“90 mins of content” on Indiegogo, “devious” on Axanar website

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