As famous as the Star Trek shows and films have become since their debut nearly 50 years ago, the legion of fans devoted to the franchise has become almost as famous. Star Trek devotees continuously present themselves in huge numbers for conventions, mobilize diligently to advocate against the cancellation of the various TV series, and, most recently, raise huge sums of money for major fan-made projects such as the feature film Axanar.[1]
Axanar, an independent prequel to the original Star Trek series, is no ordinary fan-made production. The project, led by Alec Peters, has drawn more than $1 million in crowdfunding via fundraising websites Kickstarter and Indiegogo.[2] Peters has promoted the project openly and enthusiastically, stating that the production “has professionals working in front and behind the camera.”[3] The project even drew the attention of renowned Star Trek actor George Takei, which led to further fan contributions.[4]
Unsurprisingly, the magnitude of the project drew the ire of Star Trek copyright owners Paramount Pictures and CBS, who have an official Star Trek movie, Star Trek Beyond, coming out later this year, along with the launch of a new television series in 2017.[5] In their complaint, filed on December 29, 2015, Paramount and CBS pointed out that the independent Axanar film is set within the canon universe of Star Trek, and draws on characters and plots originating in the Star Trek series.[6] The film will portray a battle between the Federation and the Klingons that is referenced in the original Star Trek series, featuring characters that appeared in the original series.[7] Paramount and CBS are seeking both an injunction and damages.[8]
However, in a motion to dismiss, the Axanar team has attempted to point out technical errors made in the complaint,[9] hoping to defy predictions that the lawsuit will scuttle the project.[10] According to the motion and the attached proposed order, plaintiffs failed to clarify which Star Trek copyrighted works were being infringed, failed to clarify which plaintiff owned which rights, and improperly based certain allegations “on information and belief.”[11] Additionally, according to the defendants, the plaintiffs are unable to get an injunction against a work still in production, as that would be “an impermissible prior restraint” in violation of First Amendment case precedents.[12]
The plaintiffs have responded with a lengthy amended complaint making clarifications and adding further detail, including pictures,[13] and it remains to be determined whether we will get to see what a million-dollar independent Star Trek movie would look like. Paramount, which had been lenient about fan-made projects since the 60’s, is letting the fans know where the line is drawn.