We Come Upwards Inwards Peace - Phasers To Kill

Our really ain star ship : NCC 1709 USS Lexington 

At the outset of this calendar month Marie-Andree reported that Paramount Pictures in addition to CBS Studios had sued Axanar Productions in addition to its original Alec Peters, claiming that its brusk moving painting Prelude to Axanar infringes their copyright inwards Star Trek, equally it is an unauthorized derivative work. Influenza A virus subtype H5N1 forthcoming feature-length cinema called Axanar is planned after Axanar Productions was able to heighten hundreds of thousands of dollars on both Kickstarter in addition to Indiegogo.  On Feb 22, 2015, the Defendants filed a motion to dismiss the claim, contestation that the electrical load did non comprise sufficient factual matters to set Defendants on fair abide by of the claims against them.

Peters had said that Axanar had professionals working inwards front end in addition to behind the camera, amongst a fully-professional crew — many of whom cause got worked on Star Trek itself — to ensure Axanar woud last of the same character equally an official Star Trek movie. Having inwards the past times been quite tolerant of fan fiction in addition to fan tribute films,  the cinema studios instead accused Peters of "unauthorized exploitation" of the Star Trek franchise: "The Axanar Works are intended to last professional person character productions that, past times defendants' ain admission, unabashedly cause got Paramount's in addition to CBS's intellectual belongings in addition to aim to 'look in addition to experience similar a truthful Star Trek movie" read the lawsuit, filed inwards federal district courtroom inwards California on Dec 29th. 


Arts Technica at in i trial tell us that the Star Trek rights holders are dorsum amongst an amended electrical load dated the 11th March 2016 that lists many of the specific instances of infringement of what they tell are copyrighted chemical ingredient inwards Star Trek, including the linguistic communication in addition to civilization of alien races such equally the Klingons in addition to Vulcans, the cowl-neck uniform that Majel Barrett wore equally the Enterprise’s inaugural off officeholder inwards the original serial episode The Cage, in addition to the concept of “Stardate."

The original serial Star Trek crew

Axnae's defense forcefulness seems to last that the projection is non commercial maxim "Axanar is an independent projection that uses the intellectual belongings of CBS nether the provision that Axanar is totally non-commercial” on its website. "That agency nosotros tin orbit the sack never accuse for anything featuring their marks or intellectual belongings in addition to nosotros volition never sell the movie, DVD/Blu-ray copies, T-shirts, or anything which uses CBS owned marks or intellectual property."

That doesn't operate for CBS in addition to Paramount, which demanded injunctive relief barring Axanar Productions from distributing Prelude to Axanar and Axanar, and statutory damages (up to $150,000 for each separate infringed copyrighted work)

Some 57 instances of infringement are listed inwards the amended complaint. These similarities are divided into categories similar characters (including Garth of Izar in addition to Vulcan Ambassador Soval), races in addition to species such equally the Vulcans,Romulans abd Tellarites, costumes, settings similar the planet Axanar in addition to the Klingon planet Qo’noS, equally good equally spacedocks in addition to the Starship Enterprise, logos similar the Federation logo, in addition to plot indicate similarities including the concept of dilithium crystals, phasers, in addition to the Klingon Empire.

The electrical load likewise points to copyrighted dialogue equally infringement. Mentioning transporters in addition to “beaming up,” warp drive, or speaking Klingon linguistic communication are items listed inwards the amended complaint.

Finally, CBS in addition to Paramount tell that Axanar Productions infringed the copyrighted works’ “mood in addition to theme”: "The mood in addition to subject of Star Trek equally a scientific discipline fiction activity risk inaugural off appeared inwards The Original Series episode “The Cage” in addition to has appeared inwards all subsequent episodes of The Original Series in addition to other derivative Star Trek Copyrighted Works,” the electrical load notes.

CBS in addition to Paramount cause got requested a jury trial.

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And to a greater extent than here https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/24/to-boldly-go-where-no-copyright-suit-has-gone-before/