Maybe Axanar Could Klingon to Its Fair Use Defense in a Parallel Copyright Universe

ILN IP Insider (International Lawyers Network)

James P. Flynn, a Member of the Firm and the Managing Shareholder of the firm’s Newark office, authored an article in the ILN IP Insider, titled “Maybe Axanar Could Klingon to Its Fair Use Defense in a Parallel Copyright Universe.”

Following is an excerpt:

On January 3, 2017, in Paramount Pictures Corp. v. Axanar Productions, Inc. et al., a United States District Court held that Axanar could not rely on a fair use defense during the upcoming trial over whether Axanar infringed Paramount’s copyright in the popular Star Trek television and motion picture franchise.  Axanar has an existing twenty-one minute film Star Trek: Prelude to Axanar (“Prelude”) and at least two trailers for a planned full-length feature film (the “Axanar Motion Picture,” and, collectively with Prelude, the “Axanar Works”).  Central to the Court’s rejection of that defense was Axanar’s inability to convince the Court that the Axanar Works had the characteristics of the sort of works, such as parodies, that are recognized as deserving of a fair use defense under 17 U.S.C. § 107, as further explained by the United States Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994). …