PRODUCTION TIPS: Clear the Script and Get Permission BEFORE Shooting

-
There is alot wrong in this picture according to CBS/Paramount.
Maybe you've heard about the Star Trek fans lawsuit? In January 2016, CBS and According to The Wrap, Paramount sued “producer Alec Peters of Axanar Productions for copyright infringement... The suit concerns “Axanar” and the prequel film “Prelude to Axanar,” collectively referred to as “the ‘Axanar’ Works.” “The ‘Axanar’ Works infringes plaintiffs’ works by using innumerable copyrighted elements of ‘Star Trek,’ including its settings, characters, species, and themes,” the complaint reads. CBS and Paramount are seeking up to $150,000 for every copyrighted “Star Trek” element present in the films.”

 I admire the love, devotion and skill Peters has demonstrated with the making of the 'Axanar Works' but he doesn't seem to have a strong defense, even if he cites "fair use." The fair use doctrine would provide protection if he were making a parody like this In Living Color "Star Trek" skit or if he were commenting upon or critiquing Star Trek for the purposes of a documentary. 

 I am not sure what was happening during the development meetings for 'Axanar' but had I been there, my script clearance report would have listed all the things in the script he needed to get permission from CBS/Paramount for. And, in the alternative, I would have suggested ways he could have made his film in line with a fair use defense. But it is too late for that now and either Peters somehow successfully negotiates for the rights and licenses or his film gets shut down.

 If you want to know more about script clearances, getting permission and ways to avoid copyright infringement lawsuits, contact me at danny@djimlaw.com.

Comments

Post a Comment

Behind the visuals, a vision.

Popular posts from this blog

PRODUCTION TIPS: What is a Loan-Out Company? And Should I Form One?

-
Although I wrote this originally for El Blog de HOLA with actors in mind, loan-out companies are used by artists and entertainers of all stripes; directors, musicians, writers, producers, fashion designers, etc. Therefore, the following below is beneficial to you too if you have reached a certain level of success in the arts and entertainment industries. +++++++ “I’ve heard that a lot of Hollywood actors have a loan-out company for their acting services. What is a loan-out company and should I form one?” A loan-out company is a business entity formed by entertainers like actors, musicians, directors, producers, etc. (“owner”) to provide their services under the guise of  “employee” to a third party like a studio, production company, television network, record label, etc. Although usually a C corporation (one that is taxed separately from its owners), the loan-out can be an LLC (limited liability company)or an S corporation. It is called a loan-out because the company “le
Read more

PRODUCTION JOURNAL: How Tarantino Got Reservoir Dogs Funded and Why It's Worth Knowing People Who Know Celebrities

-
Image
The gift of overwhelming information to read on the internet burdens us to actually read it. One article that I came across that I found personally engaging was Peter Darling's Best Way to Run a Business. I think it is aimed at solo attorneys and budding entrepreneurs and small businesspeople. I think it is also useful for filmmakers. (To read the entire short article, click here .)  The part that stood out for me and which I find relevant for filmmakers is this one:  There are people all around you excelling at what you’re trying to learn. Start paying close attention to how they do it... Every day I am surprised when I ask clients and filmmakers if they know how "X director" or "Y producer" made "Z film" and the answer is "no." I am surprised because anyone who has been in the trenches long enough will tell you how hard it is to make a film. The difficulty comes in 7 stages, each getting progressively harder: It's hard to c
Read more

CASE STUDY: A Look at Some of TV's Most Successful PODs

-
With news that Neal Baer (showrunner of Under the Dome, Law & Order: SVU, ER) just signed a POD deal with 20th Century Fox , I thought it was worth looking at the holy grail for television writers/producers: the POD deal aka the production overall deal.  Now we don't often talk about television productions but with the quality of television productions meeting and oftentimes exceeding the quality of films, it's time to reconsider. I'm a big believer in aiming high and learning from successful people so the article below will give you something to aim for (POD deals) and give you examples of people with POD deals to learn from. A Look at Some of TV’s Most Successful PODs  Originally published by Film Escape April 5, 2015 and written by Charlie Sierra It’s every TV writer/producer’s dream to get a POD deal at a studio. To be paid handsomely and respected for the work that you create is something that everyone strives for.  A POD (production overall deal is bas
Read more