A copyright-infringement lawsuit over Star Trek: Axanar, a fan film, will go to a jury trial, U.S. District Court Judge R. Gary Klausner ruled Tuesday that Star Trek: Axanar doesn’t qualify as fair use.

Klausner determined that Star Trek: Axanar has objective substantial similarity to Star Trek. He sent the case to trial.

Set 21 years before the second pilot of the classic Star Trek series, Axanar focuses on legendary Starfleet captain Garth of Izar and his crew during the Four Years War between the Klingon Empire and the Federation. Axanar filmmaker Alec Peters argued that his Prelude to Axanar short film amount to satire and parody. Judge Klausner noted to the use of Garth, Klingon and Federation starships, the Vulcan council and the teachings of Vulcan philosopher Surak to support his ruling that Axanar is objectively similar to the original Star Trek.

Erin Ranahan, the attorney for Axanar told Bloomberg, “We look forward to presenting our defense against CBS Paramount’s claims at trial.”

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A copyright-infringement lawsuit over Star Trek: Axanar, a fan film, will go to a jury trial, U.S. District Court Judge R. Gary Klausner ruled Tuesday that Star Trek: Axanar doesn’t qualify as fair use. Klausner determined that Star Trek: Axanar has objective substantial similarity to Star Trek. He sent the...