Axanar Plaintiffs Objection to Defense SJ Motion

Janet Gershen-Siegel

Jespah (Janet Gershen-Siegel) has been a fan of Star Trek since probably the first set of reruns of The Original Series. She has an eclectic background, including an undergraduate degree in Philosophy, a JD (she practiced insurance defense law for a few years in New York and is a lot happier since she retired from that in 1990), and a MS in Interactive Media, which is a real-live social media degree.

Along the way, she has about a decade and a half of data analysis work under her belt and currently works as a blog coordinator for a high-end wedding blog and also as a blogger for hire (topics include diverse subjects like ad retargeting but also the nursing job market), and has a shingle out to work on social media presence, with a focus on independent authors as she is also a published science fiction author. Plus, she has been a community manager for a large Q & A website since 2002, which is before that existed as a job title.

She was raised on Long Island so, when she is riled up, the accent gallops back out and she can sound like Fran Drescher with a law degree. She lives in Boston with her husband of over 20 years and more computers than they need.

She can always be bribed with pie.

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Axanar Plaintiffs Objection to Defense SJ Motion

So I have the plaintiffs objection to the defense’s summary judgment motion. This is another one of the documents filed with the court on November 29, 2016. However, the documents may have been filed out of order in terms of who responded to whom. Instead of trying to sort that out, I will post blogs in the documents’ numerical filing order with the court. Because that’s just easier for me, folks.

Opposition Document

Axanar Plaintiffs Objection to Defense SJ Motion – Opposition Document

First of all, we begin with the opposition document itself. In addition, the plaintiffs state the following as facts and arguments:

  • The Axanar Works Are Not A “Fan Film.”
  • The Axanar Works Are Not “Social Commentary” or “Satire.”
  • Defendants Profited From The Axanar Works, And Intended
    To Compete With Plaintiffs’ Licensed Star Trek Copyrighted
    Works.
  • None Of Plaintiffs’ Claims Are Premature
  • The Axanar Works Are Substantially Similar To Plaintiffs’
    Works.
  • Fair Use Has No Application To The Facts Of This Case.
    1. The Purpose and Character of the Use
    2. The Nature of the Copyrighted Work
    3. The Amount and Substantiality of the Portion Used
    4. The Effect of the Use upon the Potential Market.

Fan Film, Social Commentary, and/or Satire

In the interests of brevity, this information appears below, infra (in the Fair Use section).

Profit, Competition, and Personal Benefit

Furthermore, and again the interests of brevity, this information appears below, infra (in the Fair Use section).

Plaintiffs’ Claims are not Premature

First of all, on page 6, plaintiffs claim:

First, Defendants claim that Plaintiffs’ copyright infringement claims are
“premature” because, after the filing of this lawsuit, Defendants revised their feature
film script (although Defendants do not explain what post-lawsuit revisions were
made). Plaintiffs’ claims are not premature.

Plaintiffs have sued for copyright
infringement based on all of the Axanar Works, which consist of the already
completed and released Star Trek: Prelude to Axanar (“Prelude”), the completed
and released “Vulcan Scene,” and the Axanar Script, which was completed as part
of the full-length Star Trek: Axanar film (together, “the Axanar Works”). All three
of these works have been fixed in a tangible medium of expression, and all three are
before the Court and may be compared to the Star Trek Copyrighted Works.

Fixed Medium Requirement

In addition, in order for a copyright infringement claim to have a chance of success, the allegedly infringing work must exist in a ‘fixed medium’. Hence essentially, this means a book (including ebooks), a computer program, a play, a sketch, a painting, a sculpture, a comic book, a story board, a film or video (on DVD, Blu-Ray, on the Internet, or even on VHS tape or 8 mm or the like), or some other tangible medium not yet contemplated as of the writing of this blog post. Because Prelude and the Vulcan scene exist on YouTube, and the script exists in both electronic and print formats, all of those fit the bill.

Janet Gershen-Siegel

Jespah (Janet Gershen-Siegel) has been a fan of Star Trek since probably the first set of reruns of The Original Series. She has an eclectic background, including an undergraduate degree in Philosophy, a JD (she practiced insurance defense law for a few years in New York and is a lot happier since she retired from that in 1990), and a MS in Interactive Media, which is a real-live social media degree.

Along the way, she has about a decade and a half of data analysis work under her belt and currently works as a blog coordinator for a high-end wedding blog and also as a blogger for hire (topics include diverse subjects like ad retargeting but also the nursing job market), and has a shingle out to work on social media presence, with a focus on independent authors as she is also a published science fiction author. Plus, she has been a community manager for a large Q & A website since 2002, which is before that existed as a job title.

She was raised on Long Island so, when she is riled up, the accent gallops back out and she can sound like Fran Drescher with a law degree. She lives in Boston with her husband of over 20 years and more computers than they need.

She can always be bribed with pie.

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