1. Fanworks, Transformative
Fandom, and Copyright
A Look at Axanar and the Implications
of Paramount/CBS v. Axanar Productions
Paula DuPont
LIS 7000, LSU

2. Fans, Fandom, and Fanworks
• Transformative fandom has existed in a legal gray area. While fan
creators often invoke “fair use,” this defense rarely holds up in
court.
• Fandom has been largely self-policing, with informal guidelines
governing “ethical” fan practice.3
• Fans who act “unethically,” including profiting from fanworks,
may draw negative attention from copyright holders and often are
denounced by others in the fandom.
3 Ian Condry, "Dark Energy: What Fansubs Reveal about the Copyright Wars," Mechademia (2010): 193-208.

3. Fans, Fandom, and Fanworks
• Fandom has been tolerated by copyright holders, because it promotes
engagement from fans and can be profitable for the franchise.
• Fanworks are typically challenged when the unlicensed work is a threat
to the potential revenue that may be generated by as yet unproduced
licensed derivative works.
• Creative fair use is difficult to defend and is often decided on a case-by-
case basis.
• This means that that application of creative fair use is subjective and relies on
the aesthetic judgement of the court.

4. Introduction to Axanar
• Axanar is a proposed fan-produced film, based on the 1969 Star
Trek episode “Whom Gods Destroy.”
• Paramount Pictures and CBS Studios own the copyright to the Star
Trek media franchise.
• Until recently, Paramount/CBS has been reluctant to provide
official guidelines to fan film creators.

5. Introduction to Axanar
• Axanar Productions completed a series of crowdfunding campaigns and
banked over $1.1 million
• On December 29, 2015, Paramount/CBS filed a complaint accusing
Axanar Productions of multiple counts of copyright infringement.
• Though the suit against Axanar Productions is ongoing, on June 23, 2016,
Paramount/CBS released official fan film guidelines.
• Axanar Productions had previously suggested using the Lucasfilm guidelines for
Star Wars fan films as a model.

6. Fan Film Guidelines—Star Wars
1. Lucasfilm owns all submitted fan films.
2. Films are limited to 5 minutes.
3. Only music and effects licensed by Lucasfilm may be used.
4. Crowdfunding is forbidden.
5. Former Star Wars cast and crew may not work on the film, nor may their immediate family.1
6. Films may not be distributed.
7. Films must be “appropriate for audiences of any age.”
1 The Star Trek ban is a lifetime ban that extends to all cast and crew, whereas the Star Wars ban extends to
cast and crew who have worked on any Star Wars property that has been promoted in the last six months.

7. Fan Film Guidelines—Star Trek
1. Fan films are owned by the fans, except for the Star Trek intellectual property.
2. Film are limited to two segments, not to exceed 30 minutes total.
3. When available, licensed props must be used.
4. Crowdfunding is limited to $50,000 per project.
5. Former Star Trek cast and crew may not work on the film.
6. Films may be digitally distributed.
7. Films must be “family friendly.”

8. What Does This Mean for Axanar?
• Axanar Productions has received too much funding.
• The crowdfunding “perks” promised to supporters would be
prohibited.
• As a feature-length film, Axanar would be too long.
• Former cast and crew already signed on to Axanar would not be
allowed to participate.

9. What about Other Star Trek Fan Films?
• The new guidelines apply to all Star Trek fan films, not just Axanar.
• Guidelines will not be applied retroactively, so previous productions are safe.
• Funding will be limited going forward.
• Multi-episode series are in jeopardy.
• Fan films employing former cast and crew are in jeopardy.
• Star Trek Renegades, directed by and starring a former Star Trek: Voyager cast member will be
“filing off the serial numbers.”2
2 “Filing off the serial numbers” refers to the fan practice of removing all instances of the franchise IP to
avoid copyright infringement.

10. The Case of Damnatus
• Damnatus is a fan film set in the universe of the tabletop game
Warhammer 40,000, published by Games Workshop.
• Similar to Paramount/CBS and Axanar, Games Workshop had
ignored other Warhammer 40,000 fan films.
• Wallis has proposed two reasons that may have motivated Games
Workshop to challenge Damnatus.4
• Paramount/CBS have yet to provide a reason for challenging Axanar,
but the production value and connection to Star Trek canon have been
cited as possible factors.
• The complaint against Damnatus was successful, and the film
was banned from release.
4 John Walliss, "Fan Filmmaking and Copyright in a Global World: Warhammer 40,000 Fan Films and the Case
of Damnatus," Transformative Works & Cultures 5, (2010).
Possible reasons for challenging
Damnatus:
• High production value of
Damnatus
• Strict adherence to
Warhammer 40,000 canon

11. What Does This Mean for Fandom?
• Fandom had long avoided the sort of spotlight shined by Axanar,
preserving the status quo.
• Fandom is receiving renewed attention.
• Paramount/CBS v. Axanar Productions will likely be settled out of
court, meaning that no legal precedent will be set.

12. What Does This Mean for Information
Professionals?
• The outcome of Paramount/CBS v. Axanar Productions will be
important to anyone concerned with issues of copyright.
• While Paramount/CBS v. Axanar Productions is unlikely to set a
binding precedent, the outcome may set an informal precedent.
• The outcome may indicate how media companies and copyright
holders interact in future with fan creators and those participating
in the remix of copyrighted works.

13. Thank you for your
attention!
Read the full paper at
http://pauladupont.com/papers
after August 1, 2016.