how is this fair use again ? Lets examine Paramont Pictures vs Axanar . In determining whether fair use applies , original works that are still unpublished tend to get broader protection . However , according to the Axanar team that is clearly not the case here . The allegedly infringed works have been publicized over the course of the last fifty years , thus weighing this factor in favor of Defendants , , they write . Overall , the Axanar team states that the totality of curcumstances supports fair use and they hope the court will agree . Paramount Pictures and CBS Studios clearly disagree . In their motion for summary judgment they ask the court to rule that the Axanar works are infringing , arguing that fair use doesn ' t apply . Paramont Pics vs AxanarIt is beyond dispute that Defendant ' s works were not created for purposes of criticism , comment , news reporting , or teaching . Similarily the Axanar Works do not constitute either parody or satire , and prior to this lawsuit Defendants never claimed they were .