The motion filed Monday on behalf of Axanar Productions and Alec Peters identifies what we view as deficiencies in the original complaint. Specifically, of all the copyrights CBS and Paramount claim to own that relate to Star Trek, none are specifically referenced as being violated by either PRELUDE TO AXANARor the feature film, AXANAR. Without knowing precisely what and how many copyrights are at issue, it’s not clear what the potential damages are or, more importantly, what Axanar Productions might be able to do to change its production to resolve the concerns of CBS and Paramount.
The motion also asks for a dismissal of the suit as it pertains to the feature film, AXANAR, because the film has not yet been produced. Without the ability to compare the film to the Star Trek copyrighted works, it’s impossible to evaluate substantial similarity between the works (to determine whether copyrights were infringed), and also impossible to evaluate our primary defenses, including fair use, which requires, among other things, an evaluation of the nature of the work and the amount of copyrighted material used.
According to Axanar Production’s Alec Peters, “Our interest is in resolving thiswith CBS and Paramount in a manner that addresses their concerns while allowing us to fulfill the wishes of thousands of fans who have contributed both financially and in-kind to tell this never-before-seen story. Although our initial settlement offer made to CBS the day we received the original complaint was rejected, we look forward to the opportunity to work something out that can be mutually beneficial to all parties.”
“One of the great things about Star Trek has been the intimate relationship the franchise enjoys with its fans. It was fans who saved the original show from going off the air in the 1960’s and it was fans who continued telling Star Trek inspired stories after the show was cancelled. We hope to continue that tradition like so many other fans around the world.”