Axanar isn’t fair use, judge finds, setting stage for Star Trek copyright trial; Ars Technica, 1/5/17

Cyrus Farivar, Ars Technica; 

Axanar isn’t fair use, judge finds, setting stage for Star Trek copyright trial

"In additional court filings submitted on Wednesday, CBS, Paramount, and Axanar Productions all put forward their list of witnesses. CBS said it would put John Van Citters, an executive who has worked with Paramount and CBS on Star Trek for nearly 20 years, on the stand.

Van Citters, according to the plaintiffs’ attorneys, "knows the canon of Star Trek intimately as well as the history and personnel involved in the production of Star Trek in order to be able to efficiently assess whether or not material CBS is presenting to the public is accurate and fits with existing canon."

Axanar Productions, for its part, will counter with Christian Tregillis, a financial consultant who will "rebut Plaintiffs’ theory of lost profits that they claim resulted from Defendants’ alleged infringement, i.e., that funds donated to making of Defendants’ works have resulted in lost revenue or profits to Plaintiffs," according to its own filing.

The film company will also offer up Henry Jenkins, a professor of media studies at the University of Southern California, who is an expert on Star Trek’s historical relationship between its creators and its fans."

Behold, a legal brief written in Klingon; Washington Post, 4/29/16

Brian Fung, Washington Post; Behold, a legal brief written in Klingon:

"A group of linguists is boldly going where no one has gone before.

In a legal brief peppered with idioms written in the original Klingon, the Language Creation Society — a California nonprofit devoted to supporting "constructed languages" — is trying to convince a court that the alien language from "Star Trek" is a real, "living" form of communication.

The made-up language is at the heart of a big copyright case involving CBS and Paramount, which own the rights to the "Star Trek" franchise, and a group of filmmakers who are trying to produce their own, original "Star Trek" film. If the studios win the fight, it would deal a major blow to the crowdfunded movie and to subsequent fan creations."

To boldly go where no copyright suit has gone before; Washington Post, 3/24/16

David Post, Washington Post; To boldly go where no copyright suit has gone before:

"Many of the infringement counts (based on similarities in costume design, backdrops, logos, and the like) look pretty straightforward to me, though I’ll be interested to see what arguments the defendants advance in support of their borrowings. [Fair use, which might ordinarily be counted on to give safe harbor to a fan film, might be difficult to sustain here, given the ostensibly commercial nature of the defendant’s production and the plaintiffs’ argument that the defendants have deprived them of licensing revenues to which they are entitled.]

At the same time, I can’t quite understand why Paramount and CBS are going to the litigation mat here, even if they have good legal grounds for doing so. In a nice twist, Justin Lin, who directs Paramount’s own “Star Trek Beyond,” scheduled for release in July, has come out against the suit (tweeting “This is getting ridiculous! I support the fans. Trek belongs to all of us!”), perhaps concerned that it will turn “Star Trek” fans against the whole enterprise (including his film)."

Paramount Claims Crowdfunded 'Star Trek' Film Infringes Copyright to Klingon Language; Hollywood Reporter, 3/13/16

Eriq Gardner, Hollywood Reporter; Paramount Claims Crowdfunded 'Star Trek' Film Infringes Copyright to Klingon Language:

"As promised, the lawsuit launched by Paramount Pictures and CBS over Axanar, a fan-funded Star Trek film, is boldly going places where no man — or Klingon — has gone before. As the Klingons say, "DabuQlu'DI' yISuv."

After the Star Trek rights-holders sued producers, led by Alec Peters, who put out a short film and solicited donations with the aim of making a studio-quality feature set in the year 2245 — before Captain James T. Kirk took command, when the war with the Klingon Empire almost tore the Federation apart — the defendants brought a dismissal motion that faulted Paramount and CBS with not providing enough specificity about which of the "thousands" of copyrights relating to Star Trek episodes and films are being infringed — and how.

Ask and ye shall receive."