tlhIngan-Hol Archive: Wed Jan 28 14:54:04 2004

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Re: Klingon movies revisited/copyright and trademark

Lady K'Lyssia ([email protected]) [KLI Member] 


The big difference between these fan films and what Chet did was that he
sold his books for *Profit*. As long as you don't make nor plan to ever make
money from your movies your going to be safe for the most part. Just as
those that make costumes, web sites, games, Federation fan films,
newsletters, etc do. None of them do it from profit.

Those that do make a profit, the costume makers that sell for profit, the
weapons makers that sell for profit, the writers that sell for profit, etc.
These are the people that Paramount will and have sent flocks of lawers
after. 

So, as long as you make no money from it, Paramount most likely won't come
after you. They haven't come after the KAG people that have done Fam Films,
yet.

qurgh
teH pagh. Hoch chaw'lu'.

(note: I said most likely, not definatly, there is no certainty when it
comes to big corps and copyright law)

And there in lies the crux of the problem. On a writing list I belong to we have been a rather heated discussion on copyright.

Right now, Paramount has scaled back on their rabid pursuit because it was doing more harm than good. The fact is all of those so called fan productions - even if they are not for profit and not only Copyrighted by also Trademarked. Something we as fans need to realize, is if Paramount completely backs off from trying to defend their trademarks Star Trek and it's related trademarks will eventually become "house hold brands" much as the word aspirin, which was originally a trademark of Bayer Pharmaceuticals, but can now be used by anyone marketing salysicate (sp) acid as a pain reliever. 

We who truly love Trek as we do, do we want the trademarks to lapse to the point that mean nothing and anything Ferengi who wants to can slap the Trek name, the Klingon seal, etc on anything they want to?

Just something to think about. I know I'm guilty as well with my two little booklets on Klingon Genetics and Stardating, but at least I understand what it is I'm doing. 

PS: I really do think the movie is cool.

What would be really great is if Paramount set up a way for fans to get a license to produce their fan items (at a reasonable rate - maybe just a review board in the case of not-for-profit items). That would help protect the trademarks, allow for fan expression - and who knows maybe find new items that they would be willing to support mass marketing of. It would help preserve the quality of anything associated with the Trek name and allow for a closer relationship between the fans and the corporate offices. Conceivably a win-win situation if the studio didn't mind getting inundated with requests or get greedy. Just an idea.

Carol (Lady K'Lyssia) Hightshoe
www.klyssia.com
http://www.livejournal.com/users/klyssia/
Don't Write What You Know; Write What You Care About -- Passionately!

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