Copyright does not protect Klingon language: fan film creator

km2

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I would sure think something like "Starship Enterprise" would at least be trademarkable.
 

LazyLion

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I would sure think something like "Starship Enterprise" would at least be trademarkable.
It's been used on other ships long before Star Trek.

There were even sailing ships called "Enterprise" hundreds of years ago.
 

Flojo

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https://torrentfreak.com/paramount-we-do-own-the-klingon-language-and-warships-160414/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Torrentfreak+(Torrentfreak)

Best read the above link.

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The ongoing lawsuit between Paramount Pictures, CBS Studios and the crowdfunded Star Trek spin-off "Prelude to Axanar" is raising some interesting copyright questions. The spin-off makers argue that several of the Star Trek related elements they use are not copyrightable, but the movie studios clearly disagree.

klingonEarlier this year Paramount Pictures and CBS Studios filed a lawsuit against the makers of the Star Trek inspired fan film, accusing them of copyright infringement.

The dispute centers around the well-received short film Star Trek: Prelude to Axanar and the planned follow-up feature film Anaxar.

Among other things, the Star Trek rightsholders claim ownership over various Star Trek related settings, characters, species, clothing, colors, shapes, words, short phrases and even the Klingon language.

Axanar productions and Alec Peters, the makers of the fan-spinoff, responded to several of the allegations last month arguing that several of the allegedly “infringing elements” are not protected by copyright at all.

They argued that the Klingon language is not copyrightable because it’s not more than an idea or a system. They therefore asked the court to dismiss or strike the copyright claims in question.

However, Paramount and CBS disagree (bIlughbe’*). In their reply the rightsholders call the argument absurd and among other things, they point out that the language system is not very useful if there are no real Klingons to communicate with.

“This argument is absurd, since a language is only useful if it can be used to communicate with people, and there are no Klingons with whom to communicate,” they write (full filing: pdf).

“Defendants’ use of the Klingon language in their works is simply further evidence of their infringement of Plaintiffs’ characters, since speaking this fictitious language is an aspect of their characters.”

Klingon alphabet (image: wiki)

klingonalpha

In any case, the court should not rule on the matter prematurely, the rightsholders note. The question to what degree various elements are copyright infringing should be decided in future hearings where the issues can be properly addressed.

The same applies to other elements, including spaceships. Axanar productions argues that these general concepts can’t be copyrighted, but Paramount and CBS point out that their specific expression of Klingon warships is.

Klingon ships

klingonships

“Plaintiffs have not merely alleged that the general concepts of a ‘spaceship’ or a ‘spacedock’ have been appropriated – the Complaint’s allegations show that Defendants have misappropriated the expression of these concepts,” the movie studios inform the court.

Citing relevant case law, they argue that Star Trek starships deserve the same protection as the Batmobile.

“Even assuming that Defendants are properly dissecting the elements of the Star Trek Copyrighted Works (and they are not), courts have held that vehicles like the Batmobile are copyrightable as characters, and therefore, specific Star Trek starships are also copyrightable.”

Summing up, Paramount and CBS argue that the infringing status of the various elements should be considered in substantial similarity analysis during the lawsuit. They therefore ask the court to deny Axanar’s motion to dismiss or strike their claims.
 

LazyLion

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J.J. Abrams Responds To Lawsuit Against Fan Made Star Trek Film

Looks like the lawsuit is going away....

The Star Trek franchise has been pretty busy lately. Just last night there was a Star Trek Fan Event with executive producer J.J. Abrams, with Star Trek Beyond director Justin Lin in attendance, as well as some of the cast. A new and improved trailer for the third film in the rebooted franchise was premiered, which hit the internet soon afterward. A lot of positive energy was floating around the room, so Abrams took the time to address a darker note: Paramount’s lawsuit against one Star Trek fan film. Thankfully, Abrams had good news to share, and the lawsuit will be called off in the upcoming weeks.

A few months back it was announced that Paramount and CBS were filing a lawsuit against Axanar, a Star Trek fan film that raised over $1 million on Kickstarter and Indiegogo. Paramount lawyers claimed that the unofficial film was copyright infringement and sued the production team for damages. At the Star Trek Fan Event, Abrams was able to clear the air and credited director Justin Lin for helping to put an end to it all.

Justin was sort of outraged by this as a longtime fan. We started talking about it and realized this wasn’t an appropriate way to deal with the fans. The fans of Star Trek are part of this world. [Justin] went to the studio and pushed them to stop this lawsuit, and now, within the next few weeks, it will be announced that this is going away and that fans would be able to continue working on their project.
Full Article...
http://www.cinemablend.com/new/J-J-Abrams-Responds-Lawsuit-Against-Fan-Made-Star-Trek-Film-132397.html
 

ponder

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Jan 22, 2005
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Yeah really dumb schite, kinda like the guys uploading nintendo games to youtube with commentary being abused by nintendo.
 
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