Fictional universes (as in science fiction) are more likely to be protected in whole or part, but they must be original to be protected.įor example, a universe in which planets are joined in a United Nations- like “Federation” may be purely fictional, but it has been deemed by one court as a science fiction clich. This is especially true when the universe is an historical period (as in historical fiction). Rarely is a universe alone copyrightable, especially if it has non- fiction elements, because it’s too close to an idea. Universe aka the fictional world in which the idea plays out.Įxample: Denmark in the late middle ages. An idea is just an idea and copyright law doesn’t care if you steal it. Example (from Hamlet): A Prince goes nuts after the King dies in suspicious circumstances. If you consider yourself to be in an advanced class on this discussion, skip down to where we start talking about specific cases. These examples are taken from a brief written by David. There are five layers of abstraction to keep in mind when considering a work of fan fiction from the perspective of copyright law: idea, universe, universe elements, plot and story, and the written word on the page. Some of this might seem obvious, but if you're looking for a basic understanding of how the law currently functions, David has gone the extra mile to cover those bases. Before we talk cases, it's important to understand how fan fiction is seen through the lens of copyright law. There's a history of cases that have shaped copyright law as it pertains to the works of fans for a very long time.Īnd where the case against Axanar fits into that tapestry can only be understood by looking at the larger picture. To understand the future of Star Trek fan projects, we need to talk about more than just Star Trek - we even need to talk about fandoms outside of the realm of science fiction and fantasy. Kluft is a lawyer who deals specifically with issues of copyright, trademark, commercial disputes, issues of unfair competition, and basically every other conflict that comes to bear whenever the rights of fans to play in the worlds they love require legal resolution.
With the legal complexity of fan film projects like Axanar leading to changes in the way studios and rights holders handle copyright and fan content, what's the future for these fan projects? Will people still be free to express their fandom through stories, costumes, video, and physical content? Or is the case against Axanar a sign of things to come? The good news is we can ask a professional, one who cares about both copyright law and Star Trek.
#Star trek beyond full movie free 1080p trial
Just weeks before a jury trial was scheduled to begin, Paramount Pictures Corporation/CBS Studios Inc. Advertisement Back in 2015, CBS and Paramount filed a lawsuit.Īs reported a week ago, STAR TREK CONTINUES has announced a release date for its eighth episode. While full details about the home video releases of Star Trek Beyond aren The long and winding tale of CBS and Paramount versus Axanar has finally come to an end. Whether it's how we connected with our friends and family, how it informed our moral compasses, or how it made us dream of other worlds far from our own, it's the creative side of fandom that Star Trek Month here at Blastr has shown again and again. As Blastr's Star Trek Month comes to a close, the number one thing you've seen from our contributors and in comments from our readers is that yearning and desire to be part of Star Trek. Star Trek, Axanar, and the future of fan fiction.
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