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Axanar: CBS/Paramount still haven't provided evidence

Despite CBS and Paramount providing a rather lengthy list of examples of alleged copyright infringement, Axanar Productions are claiming that no infringement has taken place since they haven't even produced the film.

By Christopher Halsey Thu 31 Mar, 2016 6:56 PM - Last Updated: Mon 04 Apr, 2016 1:42 AM
"You just don't get it, do you...? The trial never ends."

Despite CBS and Paramount providing a rather lengthy list of examples of alleged copyright infringement (as covered in our earlier story HERE), Axanar Productions are claiming that no infringement has taken place since they haven't even produced the film and that regardless of that fact CBS and Paramount still have not provided enough clarity regarding which copyrights have been infringed.

Name:  QThingy.png
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Size:  141.0 KB"I see no charges against us, Your Honor."Axanar Productions have therefore filed yet another claim to have the case thrown out on the grounds that "Plaintiffs implausibly claim infringement as to elements not protected by copyright, have failed to put Defendants on fair notice of their claims, and seek premature relief."

The argument that they haven't yet produced the film might be valid if they hadn't already shown off the 'Prelude to Axanar' or a scene taking place on Vulcan that was shown off at a convention, the fact that they have released so much content already does surely damage their argument here.

As for the lack of clarity, CBS and Paramount have been very clear about how they feel Axanar has infringed on Star Trek but it seems like Axanar Productions are claiming that most of these examples don't actually show copyright infringement because the allegedly infringed items aren't subject to copyright.

Some of the examples provided for example cover Vulcan, the species and their visual appearance. 'Vulcan' for example has existed since before Christ when you look at ancient mythology and pointed ears can be found in numerous places "including, but not limited to, vampires, elves, fairies, and werewolves, as well as in many animals in nature.”

Starfleet's distinctive triangular medals seen in The Original Series? Axanar says they are just triangles and you can't copyright a triangle.

The United Federation of Planets logo? Axanar says it is just a rip off of the United Nations logo and you can't copyright a rip off of the United Nations logo.

And so on and on and on and on and on and on and on.

Axanar Productions probably have some valid points with some of their objections of the specific evidence that CBS and Paramount have provided when considered in isolation, however put it all together and it would be very difficult to claim that Axanar had not infringed on Star Trek, wouldn't it?

What do you think? Are Axanar Productions guilty of trying to use legal tricky to get away with grievously savage copyright infringement or should Judge Q rule in their favour and go pester the Calamarain?

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Christopher is on an ongoing mission to seek out new life in the hopes it is less annoying than most of Earth's population. It isn't going well.

Written and Edited by Chris Halsey - chris.halsey@ufplanets.com
3 Comments
Thu 31 Mar, 2016 9:30 PM
Definitely some interesting arguments. Some may lead to a slippery slope of "we don't really want to go down there". Like the UN suing CBS and Paramount for Copyright infringement on their Logo? Others may not go so favorably for Axanar and they will have to pay CBS/Paramount. Not sure if going with the legal tricky is the way to win this.

Hopefully, some agreement can be reached and Axanar (and other fan productions) can move forward with creating some new and original Star Trek stories. I am not sure how the who Star Wars Expanded Universe worked in regards to any of those stories/ideas got the "greenlight" from Lucas. But in the absence of movies/TV series, the Expanded Universe kept Star Wars pretty well alive and active. Which I saw as a good thing.
Thu 31 Mar, 2016 9:35 PM
I am not sure how the who Star Wars Expanded Universe worked in regards to any of those stories/ideas got the "greenlight" from Lucas. But in the absence of movies/TV series, the Expanded Universe kept Star Wars pretty well alive and active. Which I saw as a good thing.
Yeah with Star Wars (whilst it was owned by Lucas) everything that was official was basically canon, that meant Lucas basically had to greenlight everything, with Star Trek whilst books, comics, games etc have rules to stick within CBS and Paramount weren't as fussy because only the movies and live action TV shows were considered canon. Definitely different ways of handling things.
Thu 31 Mar, 2016 11:10 PM
We've had a Twitter response to this story but since I don't use Twitter I'll put it here. I also don't know how to embed Tweets so apologies.

https://twitter.com/JamesNHams/statu...65501591044096

So, the Klingon language is one of the items that CBS/Paramount have cited as an example of copyright infringement. The Klingon language is clearly something that was created for Star Trek and the Klingon Dictionary and other publications using the Klingon language have been officially licensed and are copyrighted works. Whilst constructed languages can apparently be copyrighted natural languages can not but there is very little in the way of legal history around the copyright status of a language.

Klingon is a recognised language and has be used in a number of other television shows including Buffy the Vampire Slayer, Fraiser, How I Met Your Mother, The Big Bang Theory and The Simpsons. Does it's popularity and status change it from being constructed to natural? I'm no copyright lawyer so I don't have a clue but the copyright status of the Klingon language may be something that is further explored as part of this case.