“The court leaves the question of subjective substantial similarity to the jury.” Gary Klausner ruled that the accusation from CBS and Paramount that the fan film Axanar does indeed have “objective substantial similarity to the Star Trek copyrighted works,” but stopped short of ruling one way or another.
On Wednesday, Deadline reported that U.S. A jury will determine whether the un-produced movie, which billed itself as the most professional fan film ever made, infringed on the copyrights held by the Viacom-owned companies. The contentious lawsuit filed by CBS and Paramount against Star Trek fan film production Axanar will now head to trial.