tlhIngan-Hol Archive: Wed Jun 20 16:22:14 2001

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RE: Any Lawyers here



>Any lawyers here? 
>-----------------

Err, promise you won't shoot me If I say yes?
(actually, no, but I study law and have a fair working knowledge...)

>---------------
>As far as I understand, even the word "Klingon" is
>copyrighted by Paramaunt. 
>---------------

Sort of.

>---------------
>Can one write in _Klingon_, say speeches in it,
>publish anything in it - or one must buy the right to do so first? 
>----------------

No you don't necessarily >>have to<< buy the rights - or the KLI would have
been persecuted/prosecuted to death long ago. PUBLISHING, however is an
entirely different matter, best asked of Dr Schoen vis-à-vis Hamlet &
Gilgamesh. IMHO the legal standing of "Fan Publications" and associated
materials (where we "legally" fit, if I understand the law correctly) has
been pretty well established as "non-infringing".

>----------------
>If yes, Iam not sure it can be done _at all_. If no, then --- then the road
is open.
>I personally would start with publishing a fantastically well-illustrated
>dictionary, a picture book which will be bought, I assure you, even of pure
>curiosity. 
>---------------

Been there, done that, Paramount got the check. TKD, KGT, "Klingon" CD,
et.al.


However, here is the rub as I see it.  "Klingon" is a Trademark.
Trademarking is easy. However, copyrighting a WORD is nigh impossible and
copyrighting a LANGUAGE is even worse as there is no "static" component
except individual textual references (TKD/KGT/etc.)  Basically, you can
copyright A speech, but you cannot copyright SPEECH.

Paramount can lose its trademark quite easily if the American Word "Klingon"
ceases to mean "bumpy headed guys in ST TV/ films" and takes common usage as
"international language of love, combat and conquest"...err, "global
language of international cooperation and space exploration..." (better than
English, or Russian IMHO...) I'm sure this is why many take great pains to
ensure they (publicly) talk about tlhIngan Hol and not "Klingon" lest the
targhs of Paramount come snarling at us with writs.

>---------------
>You give me twenty years, and the language can well become a fairly real 
>accomplished fact. I am not sure I will see it, though.
>---------------

Who needs 20 years Igor?  You get the Cosmonauts speaking it and we'll get
the Astronauts to speak it.  It'll be a done deal...

>--------------
>Okay then. I will try to find out what it might look like if I decided to
>start publishing a weekly in St.Pete, Russia, or Helsinki, Finland. Hope I
>will find someone among you who will help with editing - for a modest fee,
>of course. However, this will not happen tomorrow. Besides, I have to
>improve _my_ skills in the language first.
>--------------

Fan Publications outside of the US are even LESS prone to corporate
harassment than US Fanzines.  As long as you don't start making a noticeable
international profit based upon your usage of the word Klingon or other
internationally copyrighted/trademarked/patented Paramount products (don't
go selling bat'leth over the web...) you should be fine.

My 2 rubles...

- Qama

HoH batlh, HoH baj batlh
'a po' batlh vaj 'ut joch neH

___________________________________________________________________
Bryan Potratz

All I say is by way of discourse, and nothing by the way of advice.
I should not speak so boldly if it were my due to be believed.

* HONOR PRAE OMNIBUS - INIURIA MINIMA OMNIBUS
* Honor Before All - Doing Least Harm Always
___________________________________________________________________



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