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Thanks James. That makes sense. I just find it odd that out of all this time this is the first email not from kick-starter. I would have thought that this would have happened sooner not later.
"For all campaigns, Kickstarter gives to the Project Creator each Backer’s User ID and pledge amount. For successful campaigns, Kickstarter additionally gives to the Project Creator each Backer’s name and email."
So yes, they have your e-mail, which you agreed to give them and they have the right to contact backers about the project.
In Axenars case they corwdfunded on multiple platforms so its probably easier to send the mass spam via there own service then each individual funding platforms methods.
I'm not fond of that, it smacks of laziness too me.
But as long as the e-mail is project related and not like the spam mail they sent out quite a while back for some other business of Alecs they aren't breaking any rules. (Probably the first time I've ever said that. It must be the booze.)
Did anybody else get an email from Axanar Productions with the title: Axanar Productions moves on from lawsuit | In memory of Richard Hatch | Fulfillment update ... and more!
First how did they get my email? The only emails I should be getting are from kick-starter regarding official updates on the Axanar kick-starter page. I never signed up for their Ares digital whatever.
I would like an explanation Alec.
@James, regardless of the Youtube ads, which, in this particular case, the uploader did not monetize. I dispute that Axanar Productions can claim a copyright as a result of the settlement and fan film guidelines that they agreed to follow. Again, the epitome of hypocrisy.
@James - The guidelines do not allow any copyright takedowns. You'll see re-uploads of Horizons, Continues, etc and there are no takedown attempts. Further, neither channel had any apparent ads nor can anyone verify there was any monetizing with the channels.
I have no problems giving alec and axanar all the shit they deserve for the crimes they've committed, the lies they've told, the abuse they give backers and there continued disregard for the backers and the rules they agreed to when they created this kickstarter BUT I also believe they are still people (very bad people) and deserve the same rights as the rest of us, which includes the right to protect there work and the right to prevent other people from profiting off it without there permission, ESPECIALLY if such profit might negate the settlement they reached and cause them further grief.
In short, I may believe they are assholes, but even assholes have rights.
@Carl You do realize that content creators generate revenue (for profit) on youtube?
Here's a quick procedure I found to do so with like 5 seconds of google searching...
Step 1: Enable your channel for monetization.
Step 2: Connect your YouTube channel to an AdSense account in order to earn money and get paid for your monetized videos.
Step 3: Take a minute to get to know the kinds of videos you can monetize and the different ad formats.
So yes, if in fact it was posted to a monetized channel and the poster was in fact generating revenue from Axanar's work then Axanar had every right to shut them down, just as CBS had the right to shut down Axanar when they used the money to build a for profit studio.
James, it was NOT posted to generate profit. It was posted to Youtube. What basis does Axanar Productions have to claim they have a copyright? The lawsuit settlement and the fan film guidelines that were dictated in the settlement state that there should be no claims to the Star Trek IP. How does Axanar Productions have a copyright?
I'm assuming the redux wasn't done by Axanar Productions.
If it was posted to a channel that generates income from views / subscriptions then it would be someone using Axanars work to generate profits, i.e. a non fair-use case.
If so Axanar is entirely within there rights to ask for a take down notice.
I see that the "Redux" version has been removed from Youtube with this statement being displayed: "Prelude to ..." This video is no longer available due to a copyright claim by Axanar Productions, Inc.."
I thought the terms of the settlement and the fan film guidelines prevent fan films from claiming copyrights? How can Axanar Productions claim a copyright on IP owned by someone else. And even if they did have rights? What about the "fair use" claims that were central in Peter's defense against the suit? Isn't this video edit doing the same? This really seems to be the ultimate in hypocrisy and also seems validate the concerns that CBS/Paramount had in bring the law suit.
Hi. Yeah I saw the recut and thought it was better than the original. While it may be possible to make two 15min films, I find it hard to see it happening as one actor quit and and one passed away. I still want a refund.
Not sure if anyone has seen this but a recut of Prelude to Axanar was uploaded on to Youtube and it meets the new guideline length - link below:
Since the new Axanar film will require it to be cut down to 2-15 minute episodes, this goes to show that it might be possible to meet the guidelines and still deliver on quality we expected (actors that would appear is still a big question). That said, the main issue still being that what the project was supposed to be has drastically changed. In that situation, I would still want my money returned.
@Axanar ETA on refunds?
Thanks for the info James :)
There is an article on it over on axamonitor. I've copied a quote below.
In an interview on the Mortis podcast, Todd explained he was initially not interested in the role, and only took it after being convinced by Prelude to Axanar director Christian Gossett, who also eventually left the project:
It’s a very delicate situation because when they approached me about [Prelude to Axanar], I didn’t want to do it. I don’t believe in creating content and not sharing in the residual opportunity,5) which is what we do. But I had dinner with Christian Gossett, who is the director [of Prelude to Axanar], who… I could look him in the eye, and he convinced me he was going to be very professional, and it was going to take just one day of my time, and I agreed based on his influence.6) [IMDb link added]
Asked about his departure from the project, Todd criticized Axanar’s management of the project, particularly its production delays and change of directors:
It’s hard for me to say too much about it, but something’s not right on that ship. … I get a lot of interest, a lot of offers on my table, so people, certain people dragging their feet, I can no longer commit to that. I have got to move on. And then again, when Christian left the project, that validated my feeling.7)
That sucks that Tony Todd quit. He is an awesome actor. I loved him in Babylon 5: A Call to Arms, Final Destination, 24, and the voice of Zoom on the Flash. Any word on why he left the production? Was it due to the lawsuit?
Tony Todd, Before the lawsuit.
Which basically means 2 of the 3 actors I actually cared about are gone.
at least one actor has quit, another died.
The 90 minute movie is down to 2 x 15 min.
Its evident to anyone but Mr. Delusional himself, Alec Peters, that he can not fulfill the rewards and is required to provide refunds as per Kickstarters terms, which he agreed to when he created the project.
Yes, I also do not use Facebook but I want to be included. Got this reply from Alec just today, after asking twice for a refund of my $350 pledge:
"We are not offering refunds as this project is ongoing. You donated to a project, which according to the terms of the Kickstarter, we are continuing to execute.
Thank you for your donation, and please be patient as we work towards fulfilling our project."
For those who refuse to join Facebook (I can not blame you) we are working on setting something up that will get the conversation off here, and somewhere private. We'll keep you posted.
I have issues with Facebook and have pretty much vowed never to create a Facebook account, but would appreciate if you and others kept me posted here as to how things are developing. Obviously I want to be included in the class action suit once lawyers are prepared to file in court.
While I believe a lawsuit will ultimately be necessary because lets face it, Alec has no scruples, decency, integrity or even common courtesy and will never follow the rules he agreed to when he used kickstarter for this project (history clearly indicates Alec does not believe rules and laws apply to him) and refund the backers who request one due to his inability to complete the project, I'm not going to join facebook, which I despise almost as much as I do Alec, because doing so would make it a "win" for him.
I wish you the best of luck and if you are willing to work with people not on facebook let me know.
The Facebook group that is actively seeking a class action lawsuit for those that would like their money back.
Hey folks, I just wanted to reach out because we've been hearing about Alec bullying some folks into not joining the class action lawsuit.
I, and others who are on board, want you to know that you should not feel bullied. We have strong precedent, and are just starting to get the wheels turning.
You are not alone, but if you want to be counted in the lawsuit, with some sort of refund, you do need to speak up. Once things get locked in, we will need to get a head count and a financial count. You'll need to join the private group, and when we are ready, we'll take down your info (which will be private and never shared).
So stay vigilant, and know that everyone is fighting to get our money back. We may not get 100% back, but we will fight to get the most possible and make sure those that feel wronged, get some right out of this.
Well said, James.
I couldn't have said it better.
It is a shame that Richard Hatch's participation in Axanar will be remembered as the lowest point in his life rather then a milestone.
All because one man's arrogance to believe he was above the law, greed to strive for more then he should, disrespect towards the people who supported him and selfishness drove him to turn what should have been a revitalization of Star Trek fan films into the near destruction of Star Trek fan films.
Had he used the money to create the film instead of allowing his Ego to make him give into his greed Star Trek Axanar would have been done, the lawsuit wouldn't have happened and it'd be something the fans of Star Trek & Richard Hatch could be proud of instead of the complete and utter disgrace it is.
RIP Richard Hatch, you will be sorely missed.
I really don't see this production moving forward after these events. Alec do the right thing and give us our money back.
This could be the excuse Alec uses to drop any pretense that he intends to actually push forth with this production.
I wouldn't be surprised.
However, there are a lot of us expecting refunds nevertheless. Our donations were for a production, not his own personal enrichment.
I want my money back.
Condolences to his family and friends.
Dammit, I wanted Hatch's autograph for my picture. RIP you Cylon hating Klingon; we'll miss you.
ANOTHER BLOW TO THIS PRODUCTION; RICHARD HATCH HAS DIED AT AGE 71. RIP YOU WILL BE MISSED.
Can I at least get the hard copy of the script i paid for. Should be able to deliver that even if you don't make the movie.
Whatever happened to part 2 of the interview, to be posted tomorrow 3 days ago?
Did Alec realize that there are some people who haven't been brainwashed by his BS sales pitch and lies and run away out of embarrassment for the sorry state hes put Star Trek fandom in?
I miss my blue walls of spam so full of juicy material to make fun of him about.
We will continue to speak only for our group, and make every attempt to get 100% of our investment back. If you do not like that, you are welcome to that mindset, but do not call us out on making feeble attempts, when we are within every right to get our money back. And by the looks of legal precedent, we do have the upper hand. You are welcome to debate it however you like, and we welcome it, but you must come at us with facts.
I stand corrected, it was part of the settlement that Alec and Axanar had to publicly ackowledge they stepped over the line, which they did in a joint statement when Alec settled.
"In a joint statement issued Friday by Paramount, CBS, filmmaker Alec Peters, and his Axanar Productions, the latter two parties acknowledged that the short film Prelude to Axanar and the proposed feature Axanar “were not approved by Paramount or CBS, and that both works crossed boundaries acceptable to CBS and Paramount relating to copyright law.”
I know what the All Access page is, I've been watch how you "overwhelmed CBS with all 10 requests to make Star Trek free for all. Listen, if you can flush $200 down the toilet to Alec for his lavish lifestyle, you can toss up $5 for All Access. But let's face it, you lost that battle.
In the donor's group, all admins have to agree to allow someone in, or kick them out. And everyone must prove that the person is either beneficial to the group as a whole or toxic. So we didn't let you, or your friend, into our clubhouse. So what? Deal with it. There is only one purpose for the group, and if you want to spew hatred in there, we won't allow it. Your track record has proven that.
And we don't care if the donors paid $1 or $5,000. Everyone is equal (as in, they gave money), and have equal voice. That isn't for you to judge. We admins, as a group, will run it as we see fit for all members, without the bullying that Alec's Federation Council has become notorious for.
You are correct, our effort does not speak for everyone who gave Alec money, but the group speaks for those who have been wronged. We speak for those who want Alec to keep up his end of the bargain and give the money back because he failed.
We will continue to speak only for our group, and make every attempt to get 100% of our investment back. If you do not like that, you are welcome to that mindset, but do not call us out on making feeble attempts, when we are within every right to get our money back. And by the looks of legal precedent, we
Scott - if anyone is ignorant of facts, it's you. Small Access is not about torrenting Discovery (which is illegal and we do not condone)nor about sharing passwords. The idea of Small Access is for groups of people to get together and share the cost of a Small Access subscription to see the show. Nothing illegal in that.
Could you tell me in which document it says Alec has to make a public apology? Bet you can't. Who told you he did, Carlos?
Again, I don't care what the actual amount was you donated. It just seems the people who have donated smaller amounts are the ones crying the loudest. I don't have a problem saying I put over $200 into the three fundraisers, but am not screaming for some kind of perceived justice. Your "class action" group is suspect because the people in charge (outside of you) for the most part are neither donors nor have an active interest in Axanar outside of the continued harassment of Axanar Productions by virtue of their own personal issues with Alec Peters. Also, your alleged "all donors welcome" is false because at least one donor has already been denied entry into the group because one of the Admins (Shawn O'Halloran) had an issue with said donor. So yes, as a donor, this concerns me, because your effort apparently does not speak for all donors, only the ones you approve of.
@Carl & Others
He has been working on financials for a year now, for the lawsuit. The problem is the first set showed money paid to him, his Girlfriend and some personal expenses. The second set removed those items so as to show the venture was non-profit but failed (the studio is a profit) which is why they settled.
Now he's got friends and employee's working to doctor a set of documents that shows all the money gone, but nothing spent in a way it shouldn't have been, which I suspect is a near impossible task since its hard to fake that much missing money.
Interestingly one of the people already quit / was fired (depends on who you ask) from this effort.
$574, 434 raised by the Indiegogo campaign, which was 188% of the goal, plus $638,471 from the Kickstarter campaign, which was over 6 times the set goal. You stated that the Axanar feature would cost between $650,000 and $750,000. You raised $1,212,905 with the two campaigns, almost twice the amount you stated you needed to produce the Axanar feature. You now claim you have none of the original funding from the campaigns left and you say you only raised 1/3 of what you needed. The 1/3 is inclusive of the Kickstarter campaign? Come on. Here is the telling quote from the Kickstarter page: "Accountability and transparency are very important to us, because we take seriously our job of taking care of your money." Ok, Mr. Peters, be transparent and give us a detailed accounting of where the money went and how you intend to finance the production of the 90-minute Axanar feature when you are limited to two 15-minute videos and you have no more funds left. Are those of us who donated at the level to where we are supposed to receive a Blue-Ray disc still going to receive that obligation? Give us a true accounting of where the money went. Not a "happy-to-be-glad" report from your buddies "in the industry" but a true financial accounting of the money. You promised a 90-minute feature which implies that it is a continuous story, not some type of "content" which will no doubt be your attempt at a "documentary" about how you made Axanar. That is NOT what we funded. For those of you tired of this and want your money back, I urge you to investigate the potential of a Class Action Lawsuit by joining this Facebook page: https://m.facebook.com/groups/155724231511379
Since those that are straight up dissatisfied with the state of things, want a refund, just give the refunds to those who ask for it. Its the right thing to do, and guess what? The board game guys followed through and gave my money back, all $200. If they can do it after a year of a successful kickstarter so can you. The backers that put in money expected a specific result, the specific result can't be met, so a refund is in order. I had another KS, I didn't ask for a refund but they gave me one anyway cuz timeline was stretched and the model I ordered was not being made anymore, and they're still sending me the 3D scanner when it's done. So if these other companies can offer refunds so can you.
I would have preferred to have kept this to private message but as it's over two weeks since I received any contact, I feel that my request for a refund is being ignored.
Fact - This Kickstarter promised a 90-minute Axanar feature:
"This Kickstarter is for the full-length feature Axanar. Unlike the short film, which we shot in two days and cost $80,000, the 90-minute Axanar feature will take about 3 weeks and cost roughly between $650,000 and $ 750,000..."
Fact - This Kickstarter alone raised almost that amount, while the Indiegogo campaign raised almost the same amount:
"8,548 backers pledged $638,471 to help bring this project to life." & " $574,434 USD total funds raised 188% funded on August 11, 2015".
A total of $1.2m before KS/IGG fees.
Fact - My reward tier states:
"Receive all of the rewards up to $ 75 PLUS get a limited edition cast photo signed by one of the stars of your choosing. Richard Hatch, Tony Todd, Kate Vernon, JG Herztler or Gary Graham"
Since Tony Todd is no longer attached to this product in any way, I very much doubt that he will sign anything in relation to fulfilling rewards.
"A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
Project Creators are required to fulfill all rewards of their successful fundraising campaigns or refund any Backer whose reward they do not or cannot fulfill."
A 90 minute feature is what we were promised, not two 15 minute videos. The ""90 minute content" which implies that some type of additional video that is not part of the original storyline or promised feature production is unacceptable. I formally request a refund.
The financials he releases will be filtered and altered to show him in a good light. The only way to get the actual financials public is with a class action. Remember, he only gave in to CBS because his financials were going to be made public. Once he found out he had to settle, otherwise he'd risk the truth getting out.
So I have a question for Alec. When are you releasing the financials that you shared with CBS/Paramount? I would like to very much to see them. I also want my money back.
@Scott Nice to know that we have similar laws to the USA.
@Scott it's not really spamming if he posts it once.
Mind you it should be an update so it goes to all the backers, not just a message that only people that come to the messages will see if they are lucky to catch it before it scrolls down enough.
Personally I think its his way of "updating" us so he can claim he fulfilled kickstarters keep backers informed bit without actually informing everyone cause if he did it as an update more backers would see how much he is lying to everyone.
Interesting article. It's in Canada, but we do have similar laws. We also have someone who mismanaged funds.
Stop spamming, or I will report you again. You are overseas playing Warhammer, focus on that.
Also, if anyone is interested, the class action FB group link is below, and isn't "corrupted from copying and pasting (FYI Alec, that cannot happen). It looks like the ball is rolling forward, so please be patient as we cross reference everyone.