“PARTIES IN STAR TREK FAN LITIGATION DON’T BOLDLY GO INTO THE UNKNOWN; SETTLE CLAIMS”

http://www.lexology.com/library/document.ashx?g=6749943f-7b46-4758-9eab-431536c9c6ff#page=1

I’m amazed these fans, who were well on the path to creating an entire Star Trek movie, pushed their case as far as they did . . .

The article recounts with some detail the court’s rationale behind its rulings, in many cases citing various factual considerations that even a casual fan of the series would know.

Excerpt:

Defendants first argued that Garth and the alien species used—specifically Klingons and Vulcans—are not copyrightable. The Court disagreed…

Second, the Court found that the Axanar Works were substantially similar to the Star Trek works  because “Defendants expressly set out to create an authentic and independent Star Trek film that [stayed] true to the Star Trek canon down to excruciating details.”

…Third, the Court rejected Defendants’ fair use defense, finding all four factors favored Plaintiffs . . .

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