Makers of Star Trek Fan Film Argue for Statutory Damages Evidence

If plaintiffs CBS Studios and Paramount Pictures seek statutory damages in their copyright infringement lawsuit against the makers of an online Star Trek fan film (see 1609300002), the court should let defendants Axanar Productions and principal Alec Peters present evidence to the jury about all the factors relevant to a statutory damages analysis, including CBS/Paramount's "lost revenues (or lack thereof) and the conduct and attitude of the parties," Axanar/Peters said in a brief (in Pacer) Wednesday in U.S. District Court in Los Angeles. Such evidence would include public statements by J.J. Abrams, director of the 2009 Star Trek motion picture, and Justin Lin, director of 2016's Star Trek Beyond, supporting the end of the suit since the statements show the Axanar defendants "acted in good faith and with the reasonable belief that they were operating within the enduring tradition of accepted and celebrated Star Trek-inspired fan fiction," they said. Axanar defendants said if CBS and Paramount aren't allowed to offer evidence about actual damages to the plaintiffs, they should be precluded from offering evidence about Axanar's purported profit. CBS/Paramount didn't comment Thursday.