Tuesday, March 15, 2016

A'gachak doruno matak! (Klingon for 'copyright infringement')

What makes up 'Star Trek'? Vulcans with pointy ears? Check. The cowl necks and Starfleet command insignias on crew outfits? Check. Planet Archanis IV (first seen in the original TV series episode "Day of the Dove," in 1968)? Check. Phasers and dilithium and use of Star Dates? Check, check and check. And the list of things Paramount Pictures and CBS Studios say are being ripped off by a California film and TV production studio goes on. Paramount/CBS filed an amended complaint Monday in U.S. District Court in Los Angeles, alleging copyright infringement by Axanar Productions, the wanna-be maker of an independent 'Star Trek' film.

Axanar in 2014 put out a 21-minute film, "Prelude to Axanar," to drum up support for its goal of raising money for a full-length feature film. Here's how Axanar puts it on its website: "Axanar is the independent production that proves a feature-quality Star Trek film can be made on a very modest budget -- approximately $80,000 in the case of the short film that you just watched -- and outside of the studio system. Filmed in Hollywood, this effort, our short proof-of-concept film to show what our professional and highly talented cast and crew can deliver, was made possible by generous donations to our first Kickstarter effort by fans like you. Prelude to Axanar is told in a retrospective documentary fashion, but the follow-up feature-length film that is currently in production will unfold as a traditional film that is told chronologically would. You are fans of Star Trek. We are fans of Star Trek. Together we can make amazing things."

Of course, not if Paramount/CBS has its way. In the suit, the two allege the Axanar works "are substantially similar to, and unauthorized derivative works of, [their] Star Trek television series and movies in contravention of the copyright laws of the United States."

The suit includes side-by-side comparisons of many 'Star Trek' staples, like Vulcans and ship design, with screen shots of what Axanar has done. And to this not-a-copyright-attorney eye, there's no denying Axanar is making a 'Star Trek' movie. Whether Axanar has any legal leg to stand on when it's using ideas and Proper Nouns owned by someone else is going to be interesting to see.

Paramount/CBS is asking for an injunction stopping any further copyright infringement, as well as statutory damages of up to $150,000 for each separate Trek infringement, from "Teachings of Surak," which were referenced in 'Enterprise' episode "Two Days and Two Nights" in 2002, to Klingon home plant Qo'noS (first seen in TNG episode "Sins of the Father" in 1990").