Star Trek Axanar: The Controversy Continues

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Star Trek Axanar is back in the news, twelve years on from the last controversy. For those unfamiliar with the original debacle, in 2014 Prelude to Axanar was released via YouTube. This Star Trek “fan-film” presented as a faux 21-minute, Starfleet documentary was very well received by fans and was intended by its makers as a proof of concept for a feature-length film. Set in the year 2245, during the final year of the Four Years War against the Klingons, Prelude to Axanar pushed the boundaries of what a fan film could be. The subsequent Kickstarter and Indiegogo campaigns raised more than $1.1 million. Prelude to Axanar was promoted as a professional-quality, “independent” Star Trek production, employing experienced actors and filmmakers and even established its own studio facilities. The presence of such actors as Richard Hatch, J. G. Hertzler, Kate Vernon, Tony Todd and Gary Graham (resuming his role as Vulcan Ambassador Soval) certainly made Prelude to Axanar distinct from other fan-films.

However, CBS Studios Inc and Paramount Pictures Corporationregarded its scale, commercial activity and extensive use of Star Trek characters, terminology, uniforms, species and designs as having crossed the boundary normally tolerated for amateur fan films. They subsequently filed a joint copyright-infringement lawsuit on 29th December 2015 and the following year the media storm began. During 2016, J. J. Abrams publicly suggested that the studios intended to withdraw the legal action, but it continued. CBS and Paramount instead issued far stricter Star Trek fan-film guidelines, limiting productions to short, amateur and non-commercial works. In January 2017, a federal judge rejected the producers of Star Trek Axanar (as it was now colloquially known) fair-use defence, leaving it facing a jury trial and potentially substantial damages. However, the parties settled on 20th January 2017, shortly before the trial was scheduled to begin.

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The settlement hinged upon the Star Trek Axanar producers and writer and actor Alec Peters acknowledgement that the original 21-minute film, as well as proposed feature film had crossed boundaries acceptable to CBS and Paramount. They agreed to make “substantial changes”. In return CBS and Paramount permitted the following. That Prelude to Axanar could remain on YouTube without advertising. That the planned feature was to be replaced by two further episodes of no more than 15 minutes each, distributed free and without advertising. Certain actors from Prelude to Axanar could return but without being paid. Finally, that any future productions by Alec Peters or the production team had to follow the official fan-film guidelines. The complete financial and contractual details were not initially disclosed but there was apparently no damages payment arising directly from the original lawsuit.

Unfortunately, the relationship between Axanar Productions, CBS and Paramount has remained contentious. In 2022 CBS and Paramount began arbitration over alleged breaches of the settlement. In September 2023, the arbitrator found in their favour and awarded approximately $292,373 in legal fees and costs against Peters and Axanar Productions. However, despite this incident and the ongoing acrimony between all parties, Axanar productions have continued with their planned two short film sequels. The next of which, The Gathering Storm, premiered at a small San Diego cinema and on YouTube on 26th July 2026. Within a 48 hour period the fan-film accumulated roughly 120,000 YouTube views. However, on 29th July, YouTube removed The Gathering Storm following a formal copyright-removal request from Paramount Pictures Corporation and CBS Studios Inc. This was therefore more serious than an ordinary Content ID claim, redirecting advertising revenue.

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At the time of writing, neither studio has yet published a detailed explanation of exactly which settlement provisions it believes has been breached. The apparent areas of dispute could include the film’s approximately 21-minute total length, compared with the agreed 15-minute limit. The appearance of additional former Star Trek performers who were not part of Prelude to Axanar and therefore may not have been covered by the settlement’s exceptions, could also be a bone of contention. Whatever the reasons, Axanar Productions anticipated a possible removal and have now placed the film on its own website. There it remains available, along with Prelude to Axanar and other related short films as a free stream or download. Alec Peters has put out a statement on the Axanar YouTube channel, stating he intends to fight both CBS and Paramount for what he sees as a breach of the 2017 settlement.

At first glance, it is understandable why the copyright owners balked at what Axanar Productions have done. Can such a project legitimately be called a fan-film, when you consider it’s production pedigree? However, before we answer that question, let’s not forget Star Trek Continues. In many ways this fan-film series consisting of eleven episodes released between 2013 and 2017, had equally high quality production values and a similar cast of known actors, Yet despite transgressing the same rules as Alec peters’ production, this show seemed to get a free pass from the rights holders and suffered no legal action. Does an endorsement from Rod Roddenbery carry such weight? Hence, something seems off with the recent renewal of hostilities between Axanar Productions, CBS and Paramount. Let us see what happens between now and September when the final instalment of Star Trek Axanar is due to be released.