Tagged: fan films

#Axanar & Alec Peters killed #StarTrek fan films. Not CBS Paramount

It’s an overly simplistic and clickbaity headline, I know. Show me one that isn’t. Of course CBS Paramount’s new ‘guidelines’ for Star Trek fan films are their own responsibility and so, at the least, they must shoulder a weighty proportion of the blame. But by ignoring what caused their release, you’re ignoring the meat of the story.

Before we get to that though, what are the guidelines? Well, google them. I’m not your dad. Here’s the highlights though.

Your fan film can be no longer than fifteen minutes in length. You can extend this by making it a two parter, but that’s it. Two fifteen minute ‘episodes’. No sequels, no remakes, no continuations, nada. One stand alone story in two pieces lasting no longer than thirty minutes in total.

No props unless you bought them from official sources. Made a captain’s uniform at home with a sewing machine? Can’t use it. Got a friend who makes plywood phaser rifles? Nope. Turned your tablet into an LCARS padd? That might be okay, if only because I’m not aware of an official toy of the sort, but if CBS have a licensed product out there already, you’re not using an alternative.

There are also narrative constraints, and their scope is wider than a Galaxy class’s saucer section. You can’t depict drugs or alcohol, so bang goes Sickbay or Quarks. You can’t show any “offensive” behaviour which could quite literally cover anything CBS wish it to, you can’t show anything “disparaging” so your O’Brien/Bashir-esque banter has to go, no “hateful” or “threatening” content either so say goodbye to your antagonists.

In truth these narrative constraints sound very familiar to those set out by Gene Roddenberry when laying the groundwork for The Next Generation, but it’s easy to forget this far removed that the first two seasons of TNG, like The Motion Picture which Roddenberry was in charge for were… well, let’s just say they’re not the parts we get nostalgic about.

It’s fair also to note that CBS’s restricitons are more about overall themes than individual characters motives. You’d likely get away with a Klingon who hates Romulans, but the moral of your story can’t be that hatred of others is a perfectly fine thing to feel. So far, so Star Trek.

The most limiting of these rules are those concerning length, and production. Anyone who’s ever seen the excellent Star Wars short, Troops knows that you can make a great little fan film in ten or so minutes, but the majority of Trek fan films are based on an episodic structure; indeed the most celebrated are fully fledged series of 43 minute films. Many, if not most, have costume designers who work, with varying degrees of success, to mimic the costumes and uniforms seen on screen while constrained by a tight budget. CBS have nuked that idea, and purchasing the uniform, combadge, and pips from official supplier Anovos to dress up as Captain Janeway or her equivelant will set you back six hundred dollars. Picture a halfway populated bridge and your fifteen minute film has now cost you anywhere from $3000 to $6000 before you’ve shot a single scene.

The quickest skim of these rules then, reveals that fan films have basically been Red Wedded by CBS. They will allow you to crowdfund up to $50,000, which isn’t nothing, but who really wants to spend $50,000 on a half hour concept that they can’t use in any way in  future? Star Trek fan films, never the most populous beasts to roam the Internet plains, are to become ever rarer.

But why? CBS have been fine with fan films for decades. There have been ongoing Star Trek fan series for as long as I’ve been using the Internet. They’re almost all dreadful, and the few that aren’t tend to be TOS-based which isn’t my thing, but because they were small, inoffensive, and crucially, didn’t make any money, CBS didn’t care. Why would they? A fan film is effectively free advertising for a franchise. LucasArts worked this out long ago, and though CBS have never embraced them to the same degree as their competitor, they knew that too.

Enter Alec Peters. Alec Peters is a fifty-five year old former volleyball coach who collects children’s toys and led his last company into bankruptcy owing creditors hundreds of thousands of dollars, and who describes his hair colour as “salt/pepper”. Which is fine.

Peters and some chums made Prelude to Axanar, an excellent documentary type short film set in the Star Trek universe. It met with near universal acclaim thanks to excellent visual effects, a tight script, and blessed lack of wannabe actors who would struggle to show more facial emotion than a Gerry Anderson character.

The goal was to intrigue people enough that they would contribute to a crowdfunding campaign to finance a full Axanar feature. This blog isn’t here to drown you with legalese, but in short, presuming the money is accounted for and all goes on the feature, this is generally fine. Strictly speaking every fan film you’ve ever seen is a copyright infringement, but as long as you pay your dues and don’t profit, most studios don’t give a damn. They’re not Konami, after all.

The trouble with Axanar is that all the money raised wasn’t going on the Axanar feature. Portions of it were going to Peters and Co. Effectively they were paying themselves out of the fund. Weasel wording aside, this is a textbook definition of “profiting” and they were doing it based on the Star Trek IP. Furthermore, funds were also being used to set up Peters own studio, which, it was planned, would go on to make for profit features. Effectively, the lure of a Star Trek fan film was being used to generate money to build something else, and line the pockets of those involved.

CBS, understandably, had something of an issue with this. Try to imagine this parable. You write and record a piece of music. You allow people to download it from the Internet for free, in exchange for the usual agreement that they won’t use it for public broadcast or to generate profit. If someone’s making money off it after all, it should really be you. Imagine then than James Cameron picks it up, and uses it as the main theme for the next Avatar movie trailer. The trailer has millions of views, Cameron gets the ad money from YouTube for this, and thereafter, Avatar 2 makes a billion dollars in large part because the trailer convinced people to go and see it. You get nothing. Wouldn’t you be pissed?

This is pretty much the same thing that Peters did to CBS. CBS are legally recognised as the creators and owners of Star Trek. What happens with Star Trek is up to them and you can’t do anything with it that they don’t want you to. This includes, but is not limited to, using their brand to crowdfund tens of thousands of dollars for yourself. Surprising, I know.

So CBS sued Peters, and rather than, “hey bud. Sorry about that. My bad,” Peters countersued CBS trying to alledge that among other things, they didn’t own the copyright to Vulcan ears. This lawsuit by the way, was also paid for using funds from the original crowdsourcing. Fans who had paid for a new Star Trek film, were instead paying for a new studio, Peters wages (some $30-40k per annum if I recall, but don’t quote me), and the frivilous lawsuit he winged at CBS to divert attention from the fact that he’d broken the law.*

  • – Allegedly, of course, each man being innocent till proven guilty, and this apparent evidence of Peters breaking the law isn’t proof that he broke the law or that he is a lawbreaker until of course a court of law decides that he broke the law and is a lawbreaker. I’m just saying it looks like he broke the law and is a lawbreaker.

Cue an effective media campaign launched by Peters & Co. CBS was “picking on” the fans. They “were jealous” that Axanar was looking better than Justin Lin’s Fast Stars & Furious Treks (which in fairness, looks to have all the charm of a hypocritical Simon Pegg moaning about comic book films and sequels propping up Hollywood). CBS were only suing Axanar because the fundraising had been so successful. They wanted the million dollars that had been raised. The CBS network is worth about $30 billion, but sure, they wanted the $1m Peters had raised.

You can pick whichever side of this you choose. You can criticise CBS for not supporting fan films. You can call Peters a dishonest money-grubbing git. You can pledge never to watch another Star Trek feature again (no one will ever believe you because you’re lying, but you can pledge nonetheless), you can ignore the whole thing because Star Trek will go on as it always has, and you’ve never really felt like you were in need of extra hammy acting, ropey special effects, or surprisingly impractical clothing beyond that you already get onscreen.

But it remains a fact that CBS never felt the need to lay down the law until Alec Peters and his friends decided to profiteer off fans desire to see ever more of a beloved franchise. So fine. I retract the headline. CBS is the one killing fan films.

But it was Alec Peters that inspired them to do it.

 

Nb – 29/06/2016 14:00 – This article originally stated that monies from the crowdsourced fund were being used to fund Axanar‘s legal case. Thanks to readers who pointed out this error below. Axanar’s legal team agreed to work on a pro bono basis, and I’m happy to acknowledge that here.

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