A lawsuit that ended years of benign neglect of Star Trek fan films by the studios has concluded with the announcement of a settlement between Alec Peters of Axanar and CBS and Paramount.
Paramount Pictures Corporation, CBS Studios Inc., Axanar Productions, Inc. and Alec Peters are pleased to announce that the litigation regarding Axanar’s film Prelude to Axanar and its proposed film Axanar has been resolved. 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.
Axanar and Mr. Peters have agreed to make substantial changes to Axanar to resolve this litigation, and have also assured the copyright holders that any future Star Trek fan films produced by Axanar or Mr. Peters will be in accordance with the “Guidelines for Fan Films” distributed by CBS and Paramount in June 2016.
Paramount and CBS continue to be big believers in fan fiction and fan creativity. They encourage amateur filmmakers to showcase their passion for Star Trek. Paramount and CBS will not object to, or take legal action against, Star Trek fan productions that are non-professional, amateur, and otherwise meet the Guidelines, which can be found at http://www.startrek.com/fan-films. Paramount and CBS would like Star Trek fans, with their boundless creativity and passion, to “Live Long and Prosper.”
Terms of the settlement agreement include an agreement to allow Axanar Productions to continue showing PRELUDE TO AXANAR commercial-free on YouTube and to allow Axanar Productions to produce the AXANAR feature film as two fifteen-minute segments that can be distributed on YouTube (also without ads).
The settlement came soon after a district court ruling by U.S. District Court Judge R. Gary Klausner that the Axanar production company couldn’t claim fair use as a defense, and that there is an “objective substantial similarity” between the Axanar works and the studios’ copyrighted Star Trek works, although he could not grant the parties motions for summary judgment because the issue of “subjective substantial similarity” needed to be decided by a jury trial.
“Guess they blinked,” said Mark-kitteh, who alerted me to the story. Or maybe it should be said they shared a blink between them – for as we know, half a blink is a wink. And there’s considerable winkage in the settlement.
CBS and Paramount, who have been telling the courts Axanar violated their copyrights and illegally used their intellectual property, have now agreed to let Axanar do both provided Axanar pretends to do so within the studio’s guidelines for fan films, which require:
The production can have no more than two episodes; a single episode limited to 15 minutes, or a combination limited to 30 minutes in length.
It must be distributed free, and only online.
However, Axanar apparently has been excused from some of the guidelines, such as.
All participants must be amateurs, cannot be compensated, or have been previously employed by any Star Trek franchise.
Limited fundraising for production is allowed – no more than $50,000
An email sent to Axanar donors states they will still be doing fundraising, just not via crowdsource websites:
Axanar Productions will not publicly fundraise for the production of these segments – that means no more Indiegogo or Kickstarter campaigns to support the production of the Axanar story – although private donations may be accepted. That may slow things down a bit, but we’re developing options that fall within the conditions of our settlement with CBS and Paramount and promise to keep you informed when we’re ready to go.
But how will Axanar reconcile two 15-minute segments with the 90-minute Axanar feature that Kickstarter donors supported? Being able to blame the studios for a much less ambitious production may be a boon to Peters, if reports by AxaMonitor are correct that he already spent all the money:
Aftermath and Precedent?
It was not clear what was to happen to the Axanar project in the wake of the settlement. Though the terms appear to allow some kind of production to move forward, it won’t be anywhere near the multi-million dollar spectacle Peters had promised the donors who fronted him $1.4 million.
Commercial Studio
According to court documents, that $1.4 million is gone, spent by Peters on personal expenses and an incomplete build-out of a commercial studio that was to have housed the production and made available to rent to other productions. The monthly expenses for the largely unused facility ranged between $12,000 and $15,000
Peters, speaking to a writer for Bleeding Cool, was nevertheless confident that activity on the project will soon resume:
Over the past three years, we feel confident that we will be able to create a really remarkable film within the guidelines as a two part story. We have a lot of pre-planning to do as we pivot for this new direction, but imagine that pre-production could restart within the next 60-90 days.
U.S. District Court Judge R. Gary Klausner on January 3 denied the motions for summary judgment by defendant Alec Peters of Axanar and plaintiffs CBS/Paramount, saying the issue of “subjective substantial similarity” needs to be decided by a jury. However, the judge ruled that the Axanar production company can’t claim fair use, and that there is an “objective substantial similarity” between the Axanar works and the studios’ copyrighted Star Trek works.
Applying the law’s four-factor test, the court rejected Axanar’s claim that material it has drawn from the Star Trek universe is protected by the fair use doctrine. (Citations omitted.)
1. Purpose and Character of the Infringing Use
The first factor is “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.” 17 U.S.C. § 107(1). This factor asks “whether and to what extent the new work is transformative,” in other words, whether the new work “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message,” or merely “supplant[s] the original.”
Defendants intentionally use or reference many elements similar to those in the Star Trek Copyrighted Works to stay true to Star Trek canon down to excruciating details. Viewed as a whole, the Axanar Works do not have “a further purpose or different character, altering the [Star Trek Copyrighted Works] with new expression, meaning, or message.”
On the other hand, Defendants want the Axanar Works to supplant the Star Trek Copyrighted Works. Peters “was interested in creating alternative ways for fans to view Star Trek.” He wanted to create “a whole new way that fans can get the content they want, by funding it themselves.” The Axanar Works are not transformative.
But the inquiry does not end here. An integral part of the first factor is determining “whether [the infringing] use is of a commercial nature or is for nonprofit educational purposes.” 17 U.S.C. § 107(1)
…Here, it is undisputed that the Defendants did not pay Plaintiffs for a license.
It is undisputed that Peters hoped to derive non-monetary benefits, for example, other job opportunities, from the Axanar Works…. The Axanar Works are commercial.
Defendants argue that the Axanar Works are not commercial because they are, and will be, distributed for free. This argument is unpersuasive because, even though Defendants do not profit directly from distributing the works, “common experience suggests that [Defendants] stood to gain at least indirect commercial benefit from the [viewership] boost which [they] had reason to hope would (and in fact did) result from the” Axanar Works. The successful fundraising campaign leveraging the popularity of Prelude is an example of such indirect benefit.
Defendants also argue that the Axanar Works are transformative because they are mockumentaries – fictions presented in a documentary form – a form of parody according to Wikipedia. For the purposes of copyright law, however, parody must use some elements of a prior work to create a new work that criticizes the substance or style of the prior work.…
Here, the Court has difficulty discerning from the Axanar Works any criticism of the Star Trek Copyrighted Works. This is not surprising since Defendants set out to create films that stay faithful to the Star Trek canon and appeal to Star Trek fans.
Thus, the Court finds that the first factor weighs in favor of Plaintiffs.
2. Nature of Copyrighted Work
The second factor, “the nature of the copyrighted work,” also weighs in favor of Plaintiffs. …The creativity in these Works and their status as published works are not disputed. They are the type of works that are given broad copyright protections.
3. Amount and Substantiality of the Portion Used
The third factor is “the amount and substantiality of the portion used in relation to the copyrighted work as a whole.” 17 U.S.C. § 107(3).
While it is difficult to quantify the amount of the portion used in relation to the Star Trek Copyrighted Works as a whole since “the portion” involves many recurring elements in the Star Trek universe and the Star Trek Copyrighted Works are numerous, it is fair to say that elements of the Star Trek Copyrighted Works pervade the Axanar Works. For example, every scene involving a Klingon or a Vulcan can conjure up Star Trek in the minds of fans. The same is true of Federation spaceships, Klingon battlecruisers, transporters, phasers, and so on. The elements from the Star Trek Copyrighted Works that Defendants use are qualitatively important because they give the Axanar Works the Star Trek feel and enable Defendants to stay true to the Star Trek canon. Thus, the third factor weighs in favor of Plaintiffs as well.
4. Effect of the Use upon the Potential Market
The fourth factor is “the effect of the use upon the potential market for or value of the copyrighted work.” 17 U.S.C. § 107(4).
Here, the prequel depicted in the Axanar Works is the kind of potential derivatives Plaintiffs “would in general develop or license others to develop.” Id. Plaintiffs have already developed a 2003 novel and licensed a role-playing game based at least in part on Garth of Izar and the Battle of Axanar from one episode of The Original Series….
Defendants’ attempt to treat the Battle of Axanar as a private little war is unpersuasive.
Defendants further argue that there is no evidence that the Axanar Works have acted as market substitutes to the Star Trek Copyrighted Works. However, this lack of evidence is understandable given the nature of the existing Axanar Works. Prelude is intended as a promotional piece to the feature-length Axanar Motion Picture. Prelude in that sense cannot be a market substitute of Star Trek television series or motion pictures, just as a trailer does not substitute for a feature-length film. The Axanar Motion Picture has not yet been made or released and its script is not yet released. Hence it cannot have any market impact. On the other hand, Defendants have successfully raised over a million dollars from Star Trek fans at Defendants’ prompting of funding the Axanar projects instead of “dumping hundreds or thousands of dollars a year on . . . cable channels” on which the Star Trek Copyrighted Works are shown. Peters “was interested in creating alternative ways for fans to view Star Trek” – the way to Eden perhaps. He wanted to create “a whole new way that fans can get the content they want, by funding it themselves.” Defendants used “a fully-professional crew – many of whom have worked on Star Trek itself – [to] ensure Axanar will be the quality of Star Trek that all fans want to see.” Peters also sought to distribute the Axanar Works on Netflix.… Defendants promoted an August 2015 draft of the script “the best Star Trek movie script ever!” on their Facebook page. Under these facts, Defendants evidently intend for their work to effectively function as a market substitution to the Star Trek Copyrighted Works. There is little doubt that “unrestricted and widespread conduct of the sort engaged in by [Defendants] would result in a substantially adverse impact [of market substitution] for the [Star Trek Copyrighted Works].”
…Thus, the Court finds that the fourth factor also weighs in favor of Plaintiffs.
This morning, Judge Klausner made a ruling that the case will go to Jury Trial to determine if Axanar is “substantially similar” to the CBS copyrighted works. If it is, then the jury will have to find if the infringement is “willful” or “non-willful”, and Judge Klausner already stated that “Peters’ actions demonstrate a respect for Plaintiffs’ intellectual property that makes a finding of willfulness on summary judgement inappropriate.” If the jury does not find “substantial similarity” then the case will be dismissed.
Depending on the outcome of the trial, Axanar may choose to appeal the verdict to the Ninth Circuit, where Erin Ranahan is 5-0. The Ninth Circuit Court of Appeals is also known to favor artist rights.
So the story of Axanar continues…
More Reading: Carlos Pedraza of Axamonitor ends his excellent post about the decision by identifying all the judge’s subtle Star Trek quotes and references.
Despite J.J. Abrams’ announcement that the copyright infringement suit would be dropped, Axanar Productions and Paramount and CBS are still sparring. On May 23, Axanar filed an answer and counterclaim with the court (as reported here), and on June 15 the studios filed their reply (which can be downloaded here). And today, the studios issued The Star Trek Fan Film Guidelines, which promise “CBS and Paramount Pictures will not object to, or take legal action against, Star Trek fan productions that are non-professional and amateur and meet the following guidelines….”
Some of the key restrictions are:
All participants must be amateurs, cannot be compensated, or have been previously employed by any Star Trek franchise.
Limited fundraising for production is allowed – no more than $50,000.
The production can have no more than two episodes; a single episode limited to 15 minutes, or a combination limited to 30 minutes in length.
It must be distributed free, and only online.
It’s not unlikely some Trek fan film production groups operate within these parameters already, but the guidelines will cut the legs from under the best-known of the genre. In comparison, the team behind Axanar raised more than $1.2 million through a crowdfunding campaign, and were planning to pay workers on a professional basis.
Guidelines for Avoiding Objections:
The fan production must be less than 15 minutes for a single self-contained story, or no more than 2 segments, episodes or parts, not to exceed 30 minutes total, with no additional seasons, episodes, parts, sequels or remakes.
The title of the fan production or any parts cannot include the name “Star Trek.” However, the title must contain a subtitle with the phrase: “A STAR TREK FAN PRODUCTION” in plain typeface. The fan production cannot use the term “official” in either its title or subtitle or in any marketing, promotions or social media for the fan production.
The content in the fan production must be original, not reproductions, recreations or clips from any Star Trek production. If non-Star Trek third party content is used, all necessary permissions for any third party content should be obtained in writing.
If the fan production uses commercially-available Star Trek uniforms, accessories, toys and props, these items must be official merchandise and not bootleg items or imitations of such commercially available products.
The fan production must be a real “fan” production, i.e., creators, actors and all other participants must be amateurs, cannot be compensated for their services, and cannot be currently or previously employed on any Star Trek series, films, production of DVDs or with any of CBS or Paramount Pictures’ licensees.
The fan production must be non-commercial:
CBS and Paramount Pictures do not object to limited fundraising for the creation of a fan production, whether 1 or 2 segments and consistent with these guidelines, so long as the total amount does not exceed $50,000, including all platform fees, and when the $50,000 goal is reached, all fundraising must cease.
The fan production must only be exhibited or distributed on a no-charge basis and/or shared via streaming services without generating revenue.
The fan production cannot be distributed in a physical format such as DVD or Blu-ray.
The fan production cannot be used to derive advertising revenue including, but not limited to, through for example, the use of pre or post-roll advertising, click-through advertising banners, that is associated with the fan production.
No unlicensed Star Trek-related or fan production-related merchandise or services can be offered for sale or given away as premiums, perks or rewards or in connection with the fan production fundraising.
The fan production cannot derive revenue by selling or licensing fan-created production sets, props or costumes.
The fan production must be family friendly and suitable for public presentation. Videos must not include profanity, nudity, obscenity, pornography, depictions of drugs, alcohol, tobacco, or any harmful or illegal activity, or any material that is offensive, fraudulent, defamatory, libelous, disparaging, sexually explicit, threatening, hateful, or any other inappropriate content. The content of the fan production cannot violate any individual’s right of privacy.
The fan production must display the following disclaimer in the on-screen credits of the fan productions and on any marketing material including the fan production website or page hosting the fan production: “Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fan-made film intended for recreational use. No commercial exhibition or distribution is permitted. No alleged independent rights will be asserted against CBS or Paramount Pictures.”
Creators of fan productions must not seek to register their works, nor any elements of the works, under copyright or trademark law.
Fan productions cannot create or imply any association or endorsement by CBS or Paramount Pictures.
CBS and Paramount Pictures reserve the right to revise, revoke and/or withdraw these guidelines at any time in their own discretion. These guidelines are not a license and do not constitute approval or authorization of any fan productions or a waiver of any rights that CBS or Paramount Pictures may have with respect to fan fiction created outside of these guidelines.
Immediately after the Abrams announcement Alec Peters of Axanar had tried to line up support from other Trek fan filmmmakers for his own “Proposed Star Trek Fan Film Guidelines,” perhaps hoping to forestall the strict rules now laid out by the studios. Peters’ draft aligned with the new guidelines only in a few minor respects, and differed on major points by setting no limit on donations (although banning the use of crowdfunding sites), allowing payment of professional cast and crew (but not “any of the principals”) and permitting a 50-minute film length.
Meanwhile, litigation continues. The Axamonitor site ran an in-depth analysis of the studios’ latest filing with the court.
In their eight-page response, CBS and Paramount generally denied Axanar’s claims, especially challenging Axanar’s assertion that “until this lawsuit, Plaintiffs, or any predecessor claiming to own copyrights in the Star Trek universe, had never filed a lawsuit against any Star Trek fan in connection with that fan’s efforts to contribute to the wealth of Star Trek fan fiction that currently exists.”3) Instead, the plaintiffs replied:
[Plaintiffs] admit that they have not sued with respect to all uses of the Star Trek Copyrighted Works, but deny that they have not previously sued to enforce their intellectual property rights in the Star Trek Copyrighted Works.4)
Tolerated Use
The plaintiffs disputed Peters’ claim that given his “extensive history with CBS,” he believed he was “operating within the tolerated realm of Star Trek fan fiction,” and that he “reached out to CBS on multiple occasions in an effort to seek guidelines about the production.”5) Instead, they stated:
[The plaintiffs] deny that Defendant Alec Peters “reached out to CBS” on multiple occasions, admit that Defendant Alec Peters spoke to [CBS officials] Bill Burke and to John Van Citters, but state that Mr. Peters was never given permission to use Star Trek Copyrighted Works, nor was he provided with “guidelines” regarding ways in which he could use Plaintiffs’ intellectual property for his Star Trek film projects, for either commercial or non-commercial use, nor was he told that his use of such Star Trek Copyrighted Works would be tolerated.
If the case is not settled, trial is scheduled for January 2017.
Director Justin Lin and Axanar’s Alec Peters after the May 20 announcement that the studio suit would be dropped.
Even after J.J. Abrams told the world on May 20 that Paramount and CBS would drop their lawsuit against Axanar fan filmmaker Alec Peters, legal maneuvering and controversy has continued — initiated by Axanar.
Three days after Abrams’ announcement, fans were surprised to read Axanar filed a 28-page response and counterclaim with the court. Fan Film Factor received this explanation from Axanar attorney Erin R. Ranahan.
We filed the counterclaim only to preserve Axanar’s rights in the event that Paramount and CBS do not dismiss their claims as J.J. Abrams and Justin Lin stated they would, do not issue reasonable guidelines, or the parties are not able to reach a settlement.
CBS both confirmed the settlement discussions and said they were “working on a set of fan film guidelines” to Buzzfeed reporter Adam B. Vary immediately after Abrams’ announcement.
The relief Axanar requested from the court in its May 23 filing is summed up in two points at the end:
Defendants pray for the following relief on their Counterclaim:
1. That the Court declare the rights and obligations of Plaintiffs and
Defendants under the Copyright Act, and declare that Prelude to Axanar and the planned Axanar scripts and film are not infringing;
2. That the Court award attorneys’ fees and costs to Defendants as permitted by law; …
Attorney Ranahan said Axanar had been required to file in order to meet the case’s deadline for counterclaims. She described the counterclaim as non-provocative:
While we have included a single claim for declaratory relief, this claim is not “upping the ante” given that we are not seeking any monetary damages, but simply a declaration of fair use or non-infringement in the event that the case is not resolved, which we intend and hope that it will be. Of course, if CBS and Paramount dismiss their claims against Axanar, or we are otherwise able to resolve these claims, we have no intention of pursuing the declaratory relief claim, and would agree to dismiss it as part of any settlement.
Perhaps seeking to influence CBS, Alec Peters drafted his own proposed guidelines and tried to enlist the producers of other Star Trek fan films to support them.
Several accepted his invitation to look at his draft, though not all: James Cawley of Star Trek: New Voyages said no without even hearing a proposal.
“Hubcap Dave” in his post “Forging Fan Film Guidelines”, citing Peters as his source, listed these producers as participants in a conversation about the draft:
As a starting point, Alec created some suggested guidelines which he forwarded to Todd Haberkorn of Star Trek: Continues, John Broughton of Farragut, John Atkin of Yorktown, Nick Cook of Intrepid, Michael King of Valiant, Scott Johnson of Starbase Studios (who produce their own fan production as well as let other productions use their facility), Greg Lock of Star Trek Ambush, plus an unnamed representative of Star Trek: Renegades. “Everyone I sent this to agreed to at least look at the draft, and half of them became part of the ongoing discussion. As for the guidelines themselves, “It is still very much a work in progress, but we hope that we can at least have something to send to CBS so they appreciate the concerns of the fan film makers.”, said Peters.
There must be the following disclaimer at the end of each episode and in all promotional and marketing materials, on all fan production websites:
Star Trek and all related marks, logos and characters are solely owned by CBS Studios Inc. This fan production is not endorsed by, sponsored by, nor affiliated with CBS, Paramount Pictures, or any other Star Trek franchise, and is a non-commercial fan made film intended for recreational use. No commercial exhibition or distribution is permitted.
Fan productions may not sell, or give away as perks, any item with a Star Trek mark, logos or character, including, but not limited to, the words “Star Trek,” the Enterprise insignia chevron, images of the U.S.S. Enterprise, or any Star Trek trademark.
Fan Productions may not use Kickstarter, Indiegogo, or any other commercial crowdfunding platform to raise money.
Fan productions may take donations, but all donations must go to the production of the fan film and may not be used to pay any of the principals.
Fan Productions may pay professional cast and crew for their time working on the production.
If a production uses a SAG member, it must become a SAG New Media Signatory.
Finished fan films may be no longer than 50 minutes in length, the approximate duration of TOS episodes.
Fan film makers give to CBS an unlimited, unrestricted license to use their films, or any portion thereof, in any format CBS should deem appropriate.
In the end, the idea has backfired on Peters. Most other Trek fan film producers stayed quiet throughout the Axanar litigation, but in the past couple of days many have issued public statements distancing themselves from Peters and his guidelines.
The spokesman for Star Trek: Excelsior, which was not invited to the talks, wrote a long, negative comment on Facebook. (James Heaney is Executive Producer of Star Trek: Excelsior, however, the comment was unsigned.)
For the past few months, there’s been a drama playing out across the whole community of Star Trek fan productions. We at Excelsior have stayed out of it, but we are no longer able to do so. This is a long post, and it has absolutely nothing to do with what this page is actually about — making new episodes of Excelsior for you to enjoy — so, if you want to skip it, get out now….
Ever since Axanar was served papers, Mr. Peters has done all in his power to either (a) rally other fan productions to his cause or (b) throw them under the CBS/Paramount bus. None, to my knowledge, has rallied to Axanar, and so Axanar has done an awful lot of bus-throwing instead. For example, Peters and Axanar have consistently argued that what Axanar did is not significantly different from what other major fan productions do. These claims deliberately tried to use other, innocent productions as “human shields” against CBS/Paramount. Even if the claims were true, this would constitute a serious breach of the trust and respect between fan producers. And they were not true; it is categorically false that other major productions pay their principal producers a salary or set up coffee-licensing deals.
Fortunately, CBS, which has always been profoundly generous to fan productions, held its fire, refusing to kill off the other shows Mr. Peters offered as bait. There was one major casualty — the people behind the brilliant Star Trek: Horizon were asked to cancel a planned fundraiser for a sequel — but CBS’s easiest path in December would have been to send cease-and-desist orders to ALL fan projects in one fell swoop. That they did not is a profound testament to CBS/Paramount’s steadfast support of the Star Trek fan community… even when it makes things awkward for them, even when they do not get much credit for it in the media, and, yes, even when the fans themselves do not recognize how good we have it. (For goodness’ sake, CBS has tolerated *Kickstarters* for the past several years! That alone shows how much CBS trusts and respects Star Trek fans, especially compared to other studios.)….
However, yesterday, news broke (story below) that Mr. Peters is trying to organize Star Trek fan productions to support a set of proposed “fan film guidelines” that he has created, apparently in the hope that he will be able to represent his proposal to CBS/Paramount as having widespread support among fan producers as a sort of “compromise” between CBS and Axanar. This apparent attempt by Axanar to speak on our behalf forces us to break our silence and publicly clarify our position.
Neither Mr. Peters nor anyone at Axanar Productions has contacted Excelsior Productions or any of its principals about any proposed guidelines. However, even if we had been contacted, we would have refused to participate in discussion of Axanar’s proposal, and we hereby publicly repudiate any proposal Axanar Productions purports to make on our behalf. CBS/Paramount has not, to date, asked for any fan input into any potential fan film guidelines, and we do not presume to offer any to them without their express invitation. Even if CBS/Paramount *were* to invite fan input, we would not consider Mr. Peters a trustworthy, reliable, or community-minded representative. We encourage other fan producers to join us in this firm repudiation, so that Mr. Peters’ presumption that he speaks for the fan film community is rightly discredited in the eyes of the public, the media, the court, and CBS/Paramount….
It has been reported in several articles today that Starbase Studios is part of a group put together by Alec Peters of Axanar, to draft a set of fan film guidelines to be submitted to CBS studios as part of the lawsuit settlement. Scott Johnson, one of the studio owners, was contacted and agreed to view the proposed guidelines but never responded or submitted an opinion on them.
The articles published this morning seems to imply that Starbase Studios, and fan productions that film at the studio, have joined Peters and Axanar in their defense against the CBS/Paramount lawsuit. The names of the individuals and groups who have agreed to preview the proposed guidelines was released without consent. It would appear the reason for releasing the names is to create a false appearance of support for Peters and Axanar as a means to strengthen their negotiating position.
FOR THE RECORD: Starbase Studios has tried to remain publicly neutral on the Axanar lawsuit. We are now forced to state that we are in full support of CBS and Paramount on this matter and have always been willing to comply with any statements, rulings, guidelines they may issue. We have no doubt that CBS/Paramount are the true copyright owners of the Star Trek franchise and respect their ownership of the property. We are also grateful to CBS/Paramount for allowing us to support the Star Trek franchise in our own way.
In an effort to keep any productions filmed at the studio from overstepping bounds of fan films, we have publicly listed a set of guidelines on our website that we insist the productions follow. These guidelines were issued by a former crew member of New Voyages/Phase 2 and have served well so far but we will adapt to whatever new guidelines CBS/Paramount sees fit to issue.
Another inaccuracy in the article states that the studio produces several fan films. The studio itself produces only one film but invites any other productions to use our sets. These other productions are not under control of the studio and although we insist they follow the set guidelines, we can not be responsible for their releases or anything added after filming at the studio is complete.
Michael King of Starship Valiant, another chat participant, made this response:
Yes, I was invited to participate in building guidelines that I felt would help the fan film community overall as a group and although the actual guidelines listed in this article were completed and forged without my input, (as I was sick during the process), I did in fact make a few suggestions as to two of the seven listed. Then I was messaged by a friend this morning and told that our “private” discussion had been made public. Apparently, someone in the group cut & pasted our discussion and shared it with another person that I personally have never heard of, to the bewilderment of myself and my good friend Scott Johnson. Honestly, I feel that the group of people in this “chat” were used and manipulated and I am not and will not be a part of any legal dealings with Paramount/CBS vs. Axanar. To this end, I am publicly stating that Starship Valiant will play by any rules that the powers that be make. I am very thankful that Valiant has been allowed to play in the trek universe. The below article was printed without my consent and I was not asked to be a part of it or to be mentioned in it.
…Firstly, I am not involved in anyway as having talks with CBS/Paramount regarding any future guidelines for Star Trek Fan Films. Alec had some ideas for potential guidelines and invited me into a Facebook discussion group to see what my thoughts were. Somehow the entire message thread was leaked to some sources, especially Axanar Haters and damming articles followed. This message leak was a breach of confidentiality and we are all very angry about this. I did not feel that Alec’s actions were unreasonable; he was not telling CBS what to do in my opinion and, if anything, it seemed as always that he wanted to help in anyway he can to facilitate the continuation of fan films. It was quite clear that he was not going to “storm” into the offices of CBS and make demands, far from it. He was also taking advice from his own legal team, still representing him pro-bono who have nothing but Axanar’s future in their interests. I therefore did not feel that Alec putting feelers out to see what kind of guidelines we would be happy with to be unjustified.
I did not feel that the guidelines were unreasonable, for starters if guidelines like those are imposed they will not affect what I have planned for Ambush at all, and would allow me not to worry about possible repercussions. I also felt that the guidelines would not drastically change the plans of much larger ongoing fan films I know of. I will adhere to any guidelines that CBS impose, whether they are drawn from Alec’s input or not. My thoughts were that if those were the kind of guidelines we would have, I would be okay with that…
AxaMonitor has a roundup with statements from many more producers — Star Trek Continues, Starship Intrepid, Star Trek: Renegades, The Lexington Adventures, Melbourne, Project NCC-1703, Starship Ajax, Starship Farragut, and Star Trek Phoenix.
Newsweek’s article on the Axanar controversy, which Alec Peters commended on Facebook, says changes have been made to the proposed guidelines due to the negative reactions:
This week, Axanar Productions’ Peters circulated a set of suggested guidelines to other fan film producers, which included proposed language for disclaimers, limits on the length of fan productions, and a clause granting CBS an “unlimited, unrestricted license” to the fan films. An early version of the guidelines included a ban on crowdfunding, something Peters had earlier said he would “certainly be concerned about” if it was part of studio-provided guidelines. Peters dropped the proposed crowdfunding ban after getting negative feedback from other fan filmmakers; an Axanar spokesman says Peters sees a crowdfunding ban as “objectionable but inevitable.”
One notable omission from the proposed guidelines: any reference what kind of intellectual property license the studios would be granting to filmmakers, something likely to be part of any studio-authored rules. As attorney [Peter Kang, a partner at the law firm Sidley Austin] puts it: “In order for guidelines to provide what I assume everyone wants, which is some level of predictability, intellectual property licensing issues are going to have to be fleshed out.”
(1) EMMA WATSON IS BELLE. The new Beauty and the Beast teaser trailer conveys the faintest hint of the movie’s remarkable cast.
Disney’s “Beauty and the Beast” is a live-action re-telling of the studio’s animated classic which refashions the classic characters from the tale as old as time for a contemporary audience, staying true to the original music while updating the score with several new songs.
“Beauty and the Beast” is the fantastic journey of Belle, a bright, beautiful and independent young woman who is taken prisoner by a beast in his castle. Despite her fears, she befriends the castle’s enchanted staff and learns to look beyond the Beast’s hideous exterior and realize the kind heart and soul of the true Prince within.
The film stars: Emma Watson as Belle; Dan Stevens as the Beast; Luke Evans as Gaston, the handsome, but shallow villager who woos Belle; Oscar® winner Kevin Kline as Maurice, Belle’s eccentric, but lovable father; Josh Gad as Lefou, Gaston’s long-suffering aide-de-camp; Golden Globe® nominee Ewan McGregor as Lumiere, the candelabra; Oscar nominee Stanley Tucci as Maestro Cadenza, the harpsichord; Gugu Mbatha-Raw as Plumette, the feather duster; six-time Tony Award® winner Audra McDonald as Madame Garderobe, the wardrobe; Oscar nominee Ian McKellen as Cogsworth, the mantel clock; and two-time Academy Award® winner Emma Thompson as the teapot, Mrs. Potts.
(2) POUNDED IN THE POUND. “Chuck Tingle” has registered therabidpuppies domain and put up a website.
Hello my name is CHUCK TINGLE (worlds greatest author).
sometimes devilmen are so busy planning scoundrel attacks they forget to REGISTER important website names. this is a SOFT WAY of the antibuckaroo agenda but is also good because it makes it easy for BUDS WHO KNOW LOVE IS REAL to prove love (all). please understand this is website to take DARK MAGIC and replace with REAL LOVE for all who kiss the sky. here are some links that make bad dogs blue very upset (as angry NORMAL men)
(3) FUTURE OF TREK FAN FILMS STILL CLOUDY. ScienceFiction.com feels that despite J.J. Abrams’ announcement that the Axanar lawsuit is “going away” it may not be that simple – and it may not clear the way for other fan films.
For CBS and Paramount, the issue seems to be far from over. Per reports from Tommy Kraft, creator of the ‘Star Trek: Horizon’ fan film, made on the project’s Facebook page, CBS has contacted him within the last 30 days with a cease and desist on a sequel project that he was preparing to launch.
Yesterday it was announced by JJ Abrams and Justin Lin that the lawsuit over the Axanar project would be “going away.” I’ve had many people ask if Federation Rising, the sequel to Horizon, will now happen. As some of you may know, we had plans to launch a Kickstarter for Federation Rising on April 23rd, but just days after announcing our plans, CBS informed us that we could not continue. After fact-checking the phone number and email address, I can confirm that it was absolutely CBS I spoke to.
Repeated attempts to communicate with CBS via phone and email since that incident have gone unanswered. As of this time, we’ve received no indication that we would be allowed to legally continue our plans to create Federation Rising and the poor reception to our original science fiction space film, Project Discovery, has indicated a decline in interest for crowdfunded films. This whole experience has left me disenchanted with the Star Trek fan film genre and uninterested in moving forward on Federation Rising even if we were told it would now be okay. So the question is: why?
Quite frankly, I’ve been quiet on this for some time but feel the need to speak out. The Axanar case caused a rift in the community and has led to many folks feeling wary of new projects. With the announcement that the lawsuit was going to “go away”, I became quite frustrated, much moreso than when CBS told me I could not move forward with Federation Rising. The reason is two-fold: Axanar should not get off so easy and it has come to my attention that CBS/Paramount had plans to drop the lawsuit for sometime but still told me not to continue with my sequel due to the legal troubles with Axanar.
Kraft seems far more angry at Axanar’s Alec Peters than CBS, for his post continues with a detailed history of Kraft’s involvement with the earlier Axanar movie in which Peters is heavily criticized.
Since I’m here on Ann’s blog, I’ll point out that if we reach our $600 stretch goal, she and I, along with writers John Chu, Adam-Troy Castro, Ken Liu, Juliette Wade, and Alyssa Wong, will write a story together about dinosaurs. I really want this to happen, so I hope we reach the goal. We’ve got about a week left to go!
(The $600 goal was met today. Check the following link to learn what the $700 stretch goal is….)
There’s advice I’ve heard all my life. You’ve probably heard it, too.
In elementary school, it was “ignore the bullies.” It never seemed to work…..
Bullies can hurt people. That’s what “If You Were a Dinosaur, My Love” is about, and perhaps why it makes bullies howl. But you know what else it’s done? It’s inspired hundreds of people to come to me and tell me about their experiences being bullied as kids or being hated as adults, being pummeled or harassed, and how they’ve moved past it. How “Dinosaur” has been cathartic for them, has helped them realize they aren’t alone.
Bullies aren’t the only ones who can travel in groups. We have our bonding and our strength. And at its best, it can be fun, and silly. It can destroy hatred with humor and positive energy. It can emphasize kindness and compassion. I believe in the power of humor, and I believe in the power of people clasping hands to help other people.
Don’t get me wrong. Humor won’t stop the bullies either. We’re always going to have to spend our time walking carefully around some amount of crap on the carpet. But humor reveals that the emperor is not only naked, but not even an emperor—as often as not, he’s some poor, pathetic exiled criminal, dreaming of ruling the world with an army of poltergeists and toddlers.
Going forward, each class has one slot that is the Plunkett slot, which is reserved for someone who couldn’t otherwise pay for the class. To apply for a Plunkett, mail me at catrambo AT gmail.com with the subject line Plunkett Application (class name/date). In the email, provide a brief statement regarding you want to take the class. Plunkett eligibility is self-determined and covers the cost of the class in full; it is based on whether or not you can afford to take the class otherwise. If you can’t but feel it would be helpful to you, I encourage you to apply. The name of the recipient remains private. I particularly welcome QUILTBAG and PoC participants. The Plunkett scholarships are named for Edward Plunkett, who wrote as Lord Dunsany.
Why am I calling them the Plunkett scholarships? Because it amuses me, and because that’s the name I gave the little press I’m using to self-publish some story collections. There’s some interesting class-based tensions coiled inside the Plunkett/Dunsany name and I figured that made it a good name for a scholarship whose criteria are economic.
Why am I doing it? Recently Keffy R.M. Kehrli paid for one of my classes for a student and it got me to thinking about it. F&SF has a rich tradition of paying it forward, and while I’m trying to do some of that with the SFWA Presidency, this is another way to help ensure a rich range of new voices in the field. I want these folks around to write wonderful fiction for me to read. So yep, this is a purely selfish move on my part.
(6) CATCH. There seems to be an extra page in Joe Hill’s encyclopedic knowledge of cinema.
Whenever I'm in Iowa I recall that film where a guy builds a library in a cornfield & and all these dead people bring back overdue books.
(9) TWO MISTAKES. Steve Davidson takes on Jim Henley and George R.R. Martin in “Hugo Gloom & Doom” at Amazing Stories.
The second mistake is in thinking that the Hugo Awards are a thing that is defined by its individual parts – the voting methodology, the ceremony, the lists, the shape of the award itself.
The Hugo Awards are a concept. A self-referential celebration of Fannishness. Changing how, or when, the awards are determined doesn’t negatively effect its character, so long as well-meaning Fans continue to participate in good faith – and despite the actions of those who have negative intentions. The Hugo Awards are a belief in the rightness and goodness of Fanishness; if, at the end of time, there are only two Fans left in the universe and they decide to host a Worldcon and vote for Hugo Awards, it will still be Worldcon, the awards will still reflect the traditions and history of Fandom and they will still retain their Fannish character. (And it doesn’t take two Fans. It only takes ONE fan to make something Fannish.)
Right now, well-meaning Fans, for whom there is no question of the character of the awards, are exhibiting true Fannishness by voluntarily working on methods designed to address the issues that have arisen over the past couple of years. They do this out of love for the awards and, by extension, love for Fandom. NOTHING can change or diminish that. As long as that love remains, the Hugo Awards will retain their character.
You’ll need to read the post to find out what the first mistake is….
(10) SAY IT AIN’T SO. Can it be that some movie superheroes don’t look exactly as they do in comic books? Where is my forehead cloth?
The outfit featured in Deadpool set the new standard, and both Black Panther and Spider-Man’s costumes in Captain America: Civil War look fantastic. But for every comic-accurate costume, there are plenty more page-to-screen adaptations that are just…wrong.
(11) FINDING LIFE IN THE UNIVERSE. Frontiers of Science and Science Fiction plans a live online panel May 27.
How will we discover life in the universe? What are the cosmos’ biggest unknowns? How do scientific discoveries inspire and transform the stories we tell? Join sci-fi authors Larry Niven, Kim Stanley Robinson, Connie Willis, Allen Steele, Charlie Stross, Joe Haldeman and Harry Turtledove and a panel of the scientists and engineers of the Hubble and Webb space telescopes as they explore the places where their worlds collide.
Get insight into the scientific and creative processes as they discuss topics ranging from why we can’t seem to find evidence of intelligent aliens to the ways that science happens in real life.
It’s been nearly a year since New Horizons blasted past Pluto and sent back incredible images and groundbreaking data, but because of its incredible distance from the Earth, data is still coming in at a trickle, and it’s leading to new discoveries about the planet on a regular basis.
For example, a new study published earlier this month in the Journal of Geophysical Research — Space Physics found that Pluto behaves less like a comet and more like a planet in the way it interacts with solar wind — a big deal considering the fact that just a few years ago Pluto was demoted from its former status as the ninth planet in our solar system.
Robinson warned those gathered that sea levels are rising even faster than scientists thought they would. “This is one of the greatest problems that humanity faces,” he said, noting America might end up with some of its major cities — like New York and Miami — halfway under water, becoming a “Super Venice, Italy.”
Robinson explained that the problem stems from melting ice in western Antarctica and Greenland, an unstoppable process once it gets going.
He is also worried that the ice from eastern Antarctica will also begin to melt to compound the problem.
Robinson mentioned one possible solution; building 60 huge pumping stations that would pump the melting ice water back up onto the Antarctic bedrock for refreezing.
His presentation was followed by a “Telesmatic” lecture slideshow by architect Haque that came over the Internet from London in real time. Haque is a founding partner of Umbrellium and Thingful, and has won awards from the Design Museum UK, World Technology, Japan Arts Festival, and Asia Digital Art Association.
Haque prefaced his talk with the statement, “I tend to work in the here and now. I don’t usually speculate about many years into the future,” and went on to clarify that he doesn’t consider his work to be “speculative,” which typically produces ironic, tongue-in-cheek designs. He calls his type of futuristic architecture “participatory design,” because “it has no final images or outcomes, but rather designs a system that enables others to produce outcomes.”
(14) SOMEWHERE OVER. This installment of What If by xkcd starts with a Star Wars-related question — “Tatooine Rainbow”.
Since rainbows are caused by the refraction of the sunlight by tiny droplets of rainwater, what would rainbow look like on Earth if we had two suns like Tatooine?
Vox was my editor in getting the book ready for publication. He stated up front that he wanted to ‘make a good book better’, not try to remake it in his image, or make it into something it wasn’t. I found him a very effective editor indeed. He went through my manuscript and made many proposed changes, averaging two or three per page, but did so on the basis that these were his suggestions rather than his demands. I was free to accept or reject each of his proposed changes. In about two-thirds of cases, I went along with his proposals. They did, indeed, make the book better. In the remaining third of cases, I went with what I’d originally written, or re-wrote a few lines, because I felt it fitted in better with my vision for the book and what I hope will be the series into which it will grow. Vox accepted that with aplomb. The man’s a gentleman.
There will doubtless be those who’ll be disappointed that I’ve chosen to publish with a man, and a publishing house, that they regard with the same revulsion as the Devil regards holy water. To them I can only say, go read what my friend Larry Correia had to say about Vox last year. I endorse his sentiments. I don’t share all – or possibly even most – of Vox’s opinions, but then he’s never asked me to share or support them in any way, shape or form. He’s merely tried to be the best editor he can be, and help me be the best writer I can be. I’ll be damned if I condemn him because of past history or exchanges to which I wasn’t a party, and in which I had no involvement at all. Not my circus, not my monkeys. I certainly won’t demand that he embrace political correctness. As you’ve probably noted from my blog header, that’s not exactly a position I embrace myself!
(17) MORE BOOM, MORE DOOM. Here’s the Independence Day: Resurgence official International Extended Trailer #1.
(18) RETRO RACHEL. Here’s Rachel Bloom at the 2011 Worldcon singing “Season’s of Love” …in Klingon!
Rachel Bloom’s performance at Renovation, the 69th World Science Fiction Convention. She was at the convention because her song “F*** Me Ray Bradbury” was nominated for a Hugo award.
[Thanks to John King Tarpinian, JJ, Will R., Vox Day, and Tracy Vogel for some of these stories. Title credit goes to File 770 contributing editor of the day Steve Davidson.]
Representing Axanar Productions and Peters will be attorneys Erin Ranahan and Andrew Jick from the firm’s Los Angeles office. Winston & Strawn have agreed to represent Axanar Productions and Alec Peters on a pro-bono basis.
The suit, filed by CBS and Paramount on December 29, 2015, seeks to stop Axanar Productions from producing a fan film set in the Star Trek universe. The suit also asks for damages from the production company, its chief executive Alec Peters and a host of unnamed defendants who were involved in the production of the short film PRELUDE TO AXANAR.
“We’re pleased to have our case taken up by Winston & Strawn,” said Peters. “The knowledge, credibility and reputation they bring to this matter will certainly help us work things out with CBS and Paramount in a professional manner and, we hope, to a mutual benefit so we can go on and make a Star Trek film fans have told us they want to see.”
Peters says Axanar Productions suspended fund-raising activities for the feature production, but is still taking “retroactive” pledges to Prelude to Axanar. Principal photography also has been delayed “until the fate of the lawsuit can be discussed in more detail with counsel.”
Axanar already raised more than $1 million on Kickstarter and Indiegogo.
I loved the exhibition so much that I wanted to take home some souvenirs. Particularly one of the range of awesome tshirts that were for sale, given that I love wearing geeky tshirts. I wear them round the house with jeans. I wear them with skirts and funky tights when I’m out and about. Perhaps I should buy one featuring the first woman in space, Valentina Tereshkova. Or one inspired by those glorious Russian propaganda posters, with their instantly recognisable design aesthetic. But it turns out that the Science Museum only offered one tshirt in a woman’s fit – a rather dull design based on a spacewalk motif. When I asked the assistant on duty if there were any woman’s fit tshirts available he seemed surprised I’d even asked.
“One of the biggest surprises that filmmakers wanted to keep under wraps was that the Force awakens in Rey and she carries a lightsaber,” said Paul Southern, head of licensing for Lucasfilm. “We always planned a second wave of product after the movie’s release that would include secrets revealed in the movie.”
Hasbro’s new Rey toys will be based more on her action scenes later in the film, including a climactic one in which she wields a lightsaber.
There have been products including toys, T-shirts and costumes featuring Rey available for months, but to date virtually all have featured her only as she appears in the movie’s earliest scenes.
Nonetheless, some fans were upset about three toys in which the Rey character was notably absent, including the Monopoly game and a set of action figures, sold exclusively at Target, that excluded her entirely.
The movie’s director, J.J. Abrams, has supported those fans.
“It seems preposterous and wrong that the main character of the movie is not well represented in what is clearly a huge piece of the ‘Star Wars’ world in terms of merchandising,” he said that the Television Critics Association’s press tour Saturday, according to Entertainment Weekly.
Rowling placed the finishing touches on the seventh Harry Potter book at the Balmoral Hotel in Edinburgh, the city where she lives. After finally completing her manuscript, she indulged in a little friendly vandalism to commemorate the occasion, a photo of which she tweeted Monday.
Finished Hallows 9 yrs ago today. Celebrated by graffiti-ing a bust in my hotel room. Never do this. It's wrong. pic.twitter.com/HsqQKydY68
A: Non-profit does not mean “volunteer”. Just like the CEO of The Red Cross gets $400K a year in salary, non-profits can pay salaries. Payroll is an expense.
Q: Why did Alec Peters get paid $ 38,000 as noted in the annual report?
A: Because Alec (as well as Diana) worked full time at Axanar, certainly 60 hours a week not including conventions on the weekends. That means Alec and Diana probably got paid minimum wage. And Diana deferred all her salary. Now go compare that to any Hollywood studio exec putting out medicore content, and tell us Alec and Diana were paid too much! That doesn’t even cover their expenses. We don’t expect full time employees to work for free.
Q: Is Ares Studios a for-profit studio?
A: Ares Studio is the term we use to describe the warehouse we have built our sound stage to make Axanar. There is no profit being made, and in fact Alec personally guaranteed the 3 year lease, so the last two years are a $ 250,000 liability he is responsible for. Axanar Productions has been paying for the building while we build sets and prepare the make the movie. Would we like to make movies after Axanar? Sure would, but that is all speculative. We don’t have any revenue from the studio and so such talk is nonsense.
(6) MAJOR TOM. Bowie lyrics on the marquee of the closed Rialto Theatre in South Pasadena.
Much of Bowie’s work throughout his career is a dialogue with New Wave SF, refracting it through his own sensibility and bringing the concepts to a mass audience via the medium of rock and roll. As I’ve been listening to the Bowie catalog for the past day, I’m reminded of a few specific connections and patterns of inspiration.
The Jerry Cornelius Novels (Michael Moorcock). Moorcock, the quintessential New Wave author, is better known for his sword and sorcery character Elric, but in 1968, he unleashed the sexually ambiguous secret agent Jerry Cornelius on an unsuspecting public in a novel called The Final Programme. An acid-drenched mashup of James Bond and Doctor Who, the dapper Cornelius hopscotches around space and time foiling plots against reality, assuming new identities and dazzling people with his avant gard aesthetics as he goes. Three further novels followed, each stranger than the next. Jerry Cornelius is less a specific inspiration for Bowie’s work than a template for his entire persona.
Most geeks like me know Gates McFadden as Dr. Beverly Crusher from Star Trek: The Next Generation. But before her Trek role, McFadden was Director of Choreography and Puppet Movement on a bunch of Jim Henson films, including The Dark Crystal, Labyrinth, and even The Muppets Take Manhattan. As a choreographer, she’s typically credited as Cheryl McFadden — Cheryl is her first name, Gates is her middle name.
(9) DRAWN THAT WAY. The Slipper says farewell to David Bowie the comics reader and reproduces many images that characterized him or were influenced by his appearance.
In 1695, aged 67, he wrote Tales and Stories of the Past with Morals, a series of moral tales designed to prompt the reader to reflect on the dilemmas presented to the protagonist, which were well-known from folklore even then.
The volume contained the story now known as Mother Goose, alongside perrenially recognised titles such as Puss in Boots, Blue Beard and Cinderella, and less famous stories Ricky of the Tuft and Little Thumb
Issa bad news from Naboo… Ahmed Best, the actor who played Jar Jar Binks will never return to the ‘Star Wars’ movies, even if he was asked, adding ‘I’ve done my damage’.
Binks, perhaps the most reviled character in all of ‘Star Wars’ history, was the Gungan soldier know initially for his cack-handed clumsiness, and then, appropriately, his latter career as a politician in George Lucas’s prequel movies.
But in a rare interview, Best said that he has no intention of ever reprising the character.
Last month, November, saw the release of the very excellent science fiction anthology, MISSION: TOMORROW, edited by Bryan Thomas Schmidt. The anthology is chock-full of great stories, and my own “Tombaugh Station,” I’m honored to say, leads it all off.
I believe strongly that “Tombaugh Station” is one of the best science fiction stories I’ve ever written, strongly enough that I’d love to see it make the 2016 Hugo Awards ballot next August right here in my own hometown.
However, that November release, late in the year and only a month before the ballot was released (a week ago) is the very definition of what’s known in this business as an “end of the year handicap,” that is, few voters will have had the chance to see the story before voting begins. Now, I don’t particularly want to quietly fall victim to that handicap.
So I’ve just asked and received permission from Baen Books to give my story away. That’s right — I’m actively campaigning for a place on the 2016 Hugo ballot. I used to frown on such shenanigans, but that stigma obviously has melted away.
(15) SHERRY’S LONGLIST. Joe Sherry has posted “My 2016 Hugo Awards Longlist Recommendations” at Adventures In Reading, which is both interesting in its own right, and as an index of where recused creators and works might belong.
With all of the shenanigans regarding groups putting together slates to directly influence what gets on the final ballot, what I’m going to do instead is post a growing long list of stuff I thought was awesome in 2015. This list will likely grow and change as I continue to discover stuff published in 2015 that I likewise think is awesome. I’m listing everything alphabetically either by title or author, so don’t view anything listed at the top of a category as being my ranked order. It’s not.
From Slush Pile to Magazine to Anthology: The Making of Best of Apex Magazine: Volume 1
I came on board as the managing editor of Apex Magazine in October, 2014. I’d been involved with Apex for a while before that, but it wasn’t until then that I was let into the shadowed world of the slush pile and started sifting through to find stories to bring into the light. Because of this, and the fact that Best of Apex Magazine: Volume 1 covers the first six years of Apex Magazine, I missed that magical moment of discovery for many of the stories that ended up in the anthology. But not all of them.
Today I’d like to give you a peek behind the publishing curtain and share the journey that some of the stories in Best of Apex Magazine took from the slush pile to the anthology.
(18) BB-8. Here are two videos starring science fiction cinema’s latest Small Cute Robot.
Unlike some, BB-8 is too shy to come out of its shell…
[Thanks to John King Tarpinian, Will R., and James H. Burns for some of these stories. Title credit goes to File 770 contributing editor of the day Daniel Dern.]
“The Cage” — Jeffrey Hunter as Captain Pike. Leonard Nimoy as Spock.
Too much of a good thing? Paramount and CBS have filed a copyright infringement suit against Alec Peters and others involved in making Axanar, a fan-produced Star Trek movie project that raised more than $1 million on Kickstarter and Indiegogo.
Paramount has tolerated other elaborate fan productions over the years, such as the crowdfunded fan films Star Trek: Of Gods and Men, which received $150,000 in donations in 2006 and Star Trek: Renegades, which raised $375,000 in 2014. It may be that Axanar’s budget, or CBS being on the verge of launching its new TV franchise, caused the companies to pull the trigger.
Paramount and CBS gave this joint statement to The Hollywood Reporter:
Star Trek is a treasured franchise in which CBS and Paramount continue to produce new original content for its large universe of fans. The producers of Axanar are making a Star Trek picture they describe themselves as a fully-professional independent Star Trek film. Their activity clearly violates our Star Trek copyrights, which, of course, we will continue to vigorously protect.
The suit asks for statutory damages of up to $150,000 for each separate Star Trek copyrighted work infringed, or actual damages as proved, plus attorneys fees and costs. The suit also asks the court to enjoin Peters and the other defendants from activities that infringe on the Star Trek copyrights.
Alec Peters told The Wrap in August that he and his team had just met with CBS “but the network didn’t offer any specific guidelines concerning what his crew can and cannot do — the network simply told him that they can’t make money off the project.”
“CBS has a long history of accepting fan films,” Peters said. “I think ‘Axanar’ has become so popular that CBS realizes that we’re just making their brand that much better.”
Part of the immediate fan reaction to the lawsuit has been a Support Axanar Petition at Change.org.
