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By CARLOS PEDRAZA | OCTOBER 12, 2020 | 11 MIN. READ
 
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1. Jenkins Strikes Back Against Peters in Axanar Defamation Suit
Also:
2. Peters' amended lawsuit still suffers from fundamental flaws
3. Two former employees start GoFundMe to defend against Alec Peters' lawsuit

1. Paul Jenkins Countersues Alec Peters for Deceptive Trade Practices, Defamation

HAPPIER DAYS From the October 2019 Axanar shoot, director Paul Jenkins, now the third man to have left over Alec Peters' mismanagement, takes a selfie with the Ares bridge crew. Photo/Paul Jenkins' Twitter
Countersuit. Paul Jenkins, Axanar's third ex-director, files his answer in a Georgia court to producer Alec Peters' defamation suit, including these four counterclaims (links below for copies of the document):
  1. Falsely representing Jenkins' affiliation with the Axanar project for months of fundraising even after the director was "fired" by Peters.
    • Peters only removed Jenkins from the Axanar website this past Saturday.
  2. Defamation. Leading up to and following filing his suit against Jenkins (we reported: "Peters, Surrogates Lash Out at Ex-Director Jenkins"), Peters allegedly defamed the well-regarded writer and award-winning multimedia producer, on his YouTube livestreams and multiple Facebook pages, such as:
    • Calling Jenkins a "liar," who is “not smart” and has engaged in “behavior totally unacceptable.”
    • Describing Jenkins as “a wannabe [and] amateur director” who has “never worked in Hollywood,” and that Jenkins failed in his job as director, and is “screwing the fans.”
    • Accusing Jenkins and his production company, META Studios, of “fraudulent attempts … to gain access to Axanar IP [intellectual property].”
  3. ‘Vexatious Litigation.’ Jenkins alleges Peters' suit against him is nothing more than an action "brought for delay or harassment," featuring "a complete absence of any … justifiable fact or law."
  4. Deceptive trade practices. Jenkins' counterclaim alleges Peters "improper conduct is … unfair and deceptive" under Georgia and federal laws with regard to representing Jenkins' ongoing connection to Axanar while continuing to raise money for the long-delayed fan film. 
Non-Retractions? In statements on the Axanar website and his YouTube livestream, Peters issued perfunctory retractions in response to Jenkins' legal demand in an apparent attempt to avoid punitive damages sought in Jenkins' counterclaim of Peters defaming him.
  • ‘Snarky and defamatory.’ On his September 30 livestream, and on the Axanar website, Peters offered a "Correction, Retraction and Clarification" for why he "fired" Jenkins.
    • In a letter to Peters' attorney, Jenkins' attorney, Andrew Crain, the offered retraction "fail[ed] to actually correct or retract anything," after which Peters went on to further defame Jenkins — "snarky and defamatory statements" that are part of Peters' "calculated efforts to injure [Jenkins'] reputation in this industry."
Damages. Jenkins' counterclaims seek unspecified but substantial monetary damages in a jury trial, including punitive damages, under Georgia law, for the defamation claims.
  • No damages for Peters. As we've previously reported, Peters' cannot seek punitive damages against Jenkins because Peters filed suit before the seven days Jenkins was entitled to for correcting or retracting the statements to which Peters objected; he is entitled only to actual damages.
Go Deeper »
Download the legal documents in Peters v. Jenkins.
You can read these lawsuit filings:
  • Jenkins Answer and Counterclaims  2 MB PDF
  • Peters v. Jenkins Amended Legal Complaint  582K PDF
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2. Jenkins Answers Allegations in Peters' Lawsuit

Answering allegations. In a filing on Friday, ex-Axanar director Paul Jenkins (left) answers the allegations in producer Alec Peters' amended legal complaint of defamation against the well-regarded writer and producer.

Correcting flawed lawsuit. Peters amended his complaint on September 2 after it became apparent the original document suffered from fundamental errors, including suing Jenkins under the wrong Georgia statute, and filing too early to be eligible to seek punitive damages. While the amended complaint fixes the first problem, it continues to ignore the second.

Jenkins' Answer to the amended complaint goes on to:
  • Criticize Axanar Productions' description as a "non-profit production company," since the company is listed by the Georgia secretary of state's office as a "domestic profit corporation."
  • Dispute Peters' assertion he's the "dominant author" and his description of Jenkins' work on Axanar as being on a "voluntary, non-paid basis."
  • Dispute Peters' characterization of Jenkins' work on the Axanar script as merely "editing a pre-existing script authored by Mr. Peters." Instead, Jenkins' asserts he "made many and substantial modifications, additions and changes" to Peters' original screenplay.
  • Deny Peters' characterizing Jenkins as lacking "professional experience as a film director" prior to directing Axanar.
  • Admit he had no written agreement with Peters regarding authorship, compensation or copyright of Axanar.
  • Dispute Peters' claim Jenkins "failed to perform the work necessary to prepare the director's [selections of footage] filmed on October 4 to 6, 2019."
  • Admit to sending an email in which Jenkins told Peters, "You have absolutely no knowledge in this [production] arena."
Axanar copyright dispute. Though Peters' lawsuit is solely about defamation, he spends a lot of pages disputing the copyrights Jenkins has registered for his specific writing that appears in the two scripts for the Axanar short film, asserting Jenkins is claiming to be a "joint author" of the scripts.
  • Copyright registration. Instead, Jenkins' August copyright registrations do not even specifically name Axanar as the work. The registrations name only "Paul Jenkins' Contributions to Episode IV" and "Paul Jenkins' Contributions to 4 Years War Episode 5," and refer to specific colored text in the submitted screenplays.
    • The industry-standard screenwriting software, Final Draft, easily identifies via colored text what additions or changes are made by a given author.
  • Joint authorship? Peters argues that if Jenkins is a joint author, Peters still has the right to exploit the copyrighted work himself, so long as he shares any proceeds with his co-author, as we observed in our previous analysis on the topic ("Can Paul Jenkins’ Copyright Claims Over Axanar Screenplay and Footage Really Stop Production?").
  • Sole author. Instead, Jenkins' registration asserts copyright as a sole author only over the specified words he wrote comprising a large portion of Axanar.
  • Licensing the work. Jenkins' move makes production of an Axanar film using his words a derivative work under which he holds sole copyright control, meaning Peters cannot use those words in any production without licensing them, something Jenkins' attorney (perhaps cheekily) offers in a letter to Peters' attorney. (Jenkins Answer, Exhibit D).
  • Endangering Axanar. Unless he successfully disputes Jenkins' copyright in federal court — something he isn't allowed to do under the fan film guidelines incorporated in Peters' copyright infringement settlement with CBS and Paramount Pictures — Peters loses the ability to produce Axanar with the script including Jenkins' copyrighted passages, as well as the footage shot using that script.
  • Deathblow? Without licensing Jenkins' copyrighted work, effectively three years of work are erased. Peters now says he is rewriting the script and reshooting footage.
    • Peters neglects to inform his supporters that rewriting and re-shooting could cost them close to $100,000, further delaying the project even past 2021.
Copyright as defamation? Jenkins' attorney disputes the relevance of a copyright dispute in a defamation action, stating:
"My client is further unimpressed by any insinuation or assertion that [his] copyright registrations somehow constitute actionable defamation, as any such contentions are baseless."
Defenses. Jenkins asks the court to dismiss Peters' suit with prejudice because Jenkins can rely on "truth, good faith, consent, privilege and statement of opinion" as defenses for any defamation alleged by Peters.

Damages. In addition to damages, Jenkins' counterclaim also seeks attorneys' fees he has incurred in defending against Peters' "baseless" claims.
Go Deeper »
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3. Peters' Employees Start GoFundMe to Defend Against Lawsuit Over Sale of Enterprise-E Model

SOVEREIGN CLASS The physical model of the Enterprise-E lies at the center of a lawsuit by Peters against two former employees. It is pictured here with its previous owner. Image/Memory Alpha
Same lawsuit, different defendants. Axanar producer Alec Peters returns to Nevada court disputing the 2017 sale of the Enterprise-E filming model, only with a new set of defendants, his former employees, who are seeking financial help via GoFundMe to defray legal costs. (Look below for links to the legal filing)

Pursuing former employees. Peters first brought suit over the sale against Hero Prop owner Tiana Armstrong. That allegations in that suit, settled this year with undisclosed terms, are substantially reproduced in this new action, now against two of Peters' former employees, Dean Newbury and Jarrod Hunt.
  • Ares bridge builder. Peters is pursuing Dean Newbury, the man he has publicly praised for substantially constructing Axanar's vaunted bridge set for the U.S.S. Ares.
  • Propworx worker. Meanwhile, Jarrod Hunt is at the center of this legal action since he was the one who successfully negotiated the Enterprise-E sale with its owner at the time. Hunt formerly worked for Peters' company, Propworx, but went on to start his own company, Prop Block.
Problems with the suit. As has become typical with Peters' lawsuits, he gets fundamental facts wrong in his initial legal complaint. Here's what looks to be wrong here:
  • Wrong defendant. Peters is suing The Prop Block LLC, a Nevada-based company, for its part in the 2017 sale.
  • Wrong venue. However, that company didn't exist in Nevada until the following year. The Prop Block at the time of the sale was, and still is, registered as a California  LLC.
    • Further, Newbury is a California resident, not a Nevada resident. And while he is now listed as an LLC member of the Nevada company, that wasn't so at the time of the sale.
Timeline. Where Peters' seven-page legal complaint offers scant information about what happened and when, the now-settled Hero Prop suit, as previously covered by AxaMonitor, offers more detail:
  • October 2017: Hero Prop began working with Peters when Armstrong told Peters she had a buyer interested in purchasing the Enterprise-E model from its owner, New York collector Adam Schneider.
    • Peters alleged to Armstrong he knew Schneider "very well."
    • However, Peters admits in his current lawsuit that he himself never contacted Schneider, instead turning to Hunt to negotiate the sale, with he and Hunt splitting their share of the commission.
    • Armstrong's suit alleges Peters hadn't informed her he had a very poor relationship with Schneider.
    • Schneider allegedly told Hunt “he did not want to sell the Enterprise-E, "would not do any transaction involving Peters.”
  • November 15, 2017: Peters tells Armstrong Schneider was “being an asshole,” and that his efforts had come to nothing.
  • Late November 2017: After learning from Armstrong that the prospective buyer was willing to pay more for the model, Hunt, of his own accord, contacted the Enterprise-E’s owner; Hunt had not been a Propworx employee for months. After a few weeks of negotiations, the owner agreed to sell the Enterprise, along with a studio model of the Deep Space 9 space station.
  • June 2018: Peters learns of the sale and demands a share of the commission, claiming he was “the seller’s [Schneider's] agent” despite the fact Peters had no contractual agreement with the seller, no communications with the seller, and that Schneider wasn't ever supposed to know Peters was involved at all.
  • October 2018: Schneider tells AxaMonitor, “I have not communicated, or been called/emailed, from Alec in the last five years.”
Damages. While the legal complaint against Prop Block, Hunt and Newbury doesn't specify damages, Peters' claim against Armstrong in the sale alleged he was owed at least $165,000, plus legal costs.

Help! Hunt and Newbury posted an $8,000 GoFundMe campaign Sunday seeking assistance in defending themselves against Peters, who has a history of intimidating opponents by forcing them to spend thousands defending against his litigiousness.
  • Answers due soon. Under Nevada law, defendants must respond within 20 days of being served, which is coming up soon. Prop Block and Hunt were served on September 23 (Answer due tomorrow) and Newbury on September 29 (Answer due next October 19).
  • Donations so far. At the time of publication, the campaign had raised $1,350 from 18 donors. In a show, perhaps, of solidarity ex-Axanar director Paul Jenkins, also being sued by Peters, donated $100.
  • ‘Ridiculous suit.’ Commenters on the campaign page criticized Peters' litigiousness. Carlos Munoz, who donated $50, said, "Wish I could give more, this is a ridiculous suit and only meant to harass you guys and deplete you financially."
    • In their plea, Newbury and Hunt write that facing a lawsuit when the Coronavirus pandemic has deeply hurt them financially:
"Things are very difficult economically for everyone right now, and we know that it is a lot to ask that anyone help us."
Go Deeper »
Download the legal complaint in Peters v. Hunt et al.
You can read Peter's filing here:  221K PDF
Visit the GoFundMe for Hunt and Newbury. 
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