tlhIngan-Hol Archive: Tue Jul 15 15:16:05 2003
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Re: Klingon and copyright
Kash:
>> > If it was done by fans and available for download and not for sale, I
>> > think you'd avoid most copyright issues.
>>
>> If my understanding on copyright law is correct, then this is true. If
>>(again, emphasizing the "if") I'm right about this, then it would also be
>>possible to sell dvd's or videos of the collection, so long as no profit
>>was made
Voragh:
> ... and you had the copyright holder's (i.e. Paramount)
permission. And, in the
> extremely unlikely event that they actually do give permission,
Paramount will
> no doubt insist on having their cut of the sales. <g>
Kash:
>> (unless my understanding of copyright law hasn't kept up with
>>the law itself..i don't watch the news much. lol)
Voragh:
> Historically, Paramount/Viacom has never viewed copyright issues as a
laughing matter.
>
> Do some research online and find out how Paramount dealt with martial
artist Chet Brown
> (a.k.a. HetaQ DoqwI') when he published his bat'leth manual "Secret
Fighting Arts of the
> Warrior Race" (vol. 1 {betleH yIqel}) without their
permission. Eventually his entire
> unsold inventory was ordered destroyed.
Carol (Lady K'Lyssia) Hightshoe:
>Under copyright you're correct - however the thing that gets people in
>trouble with Paramount is TRADEMARK infringement. The characters and just
>about everything associated with Trek has been Trademarked by
Including the words "Star Trek" and "Klingon"! Take a look at TKD, TKW,
KGT, etc. and you'll see the registered trademark symbol (the circled R)
following every mention of these words on the covers, front and back.
>Paramount as well as copyrighted. Under Trademark laws you can't use a
>trademarked item/person/image/etc. without specific permission. Even if
>you are giving it away not selling it.
Now that I think about it, Paramount may well have used the issue of
trademark, rather than copyright, infringement against Chet. I'd imagine
that's a lot easier to prove in court... or out of it. (IIRC Chet thought
he had a good legal case, but he couldn't even begin to afford to test it
in court. He came to an out-of-court settlement with Paramount.)
>We would still have to tread lightly.
Indeed. However, Paramount doesn't always get its way. It may only be an
Internet legend, but I heard that Paramount actually tried to trademark the
name "Enterprise" too. Of course, the US Navy reminded them that Paramount
didn't originate that particular name!
--
Steven L. Boozer
Cataloging Department [email protected]
University of Chicago Library (773) 702-8726