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Saturday, March 21, 2009

Thoughts on the Ellison Star Trek Lawsuit

Entertainment sites have been reporting the recent news that Harlan Ellison, writer of 'City on the Edge of Forever' is suing Pamaount Pictures over the use of elements from his story such as The Guardian of Forever and the character of Edith Keeler.

Harlan Ellison is clearly a very good writer of Science Fiction. 'City on the Edge of Forever' is one of my all-time favourite episodes, and Mr. Ellison was also influential in the groundbreak series 'Babylon 5'.

I do not know the legal situation, or whether Mr. Ellison has any valid claim in this case, but I would like to share my personal thoughts on how I think this should be.

I think that when you contribute writing to a franchise like Star Trek, you are, in a way, partially foreiting your ownership of the story. Mr. Ellison was playing in Gene Roddenberry's backyard. Should Ellison have had to pay Roddenberry for the use of characters such as Kirk and Spock? Once the episode aired, the Guardian of Forever and Edith Keeler became part of Star Trek canon. The story was part of something bigger than itself.

If Mr. Ellison wins this case I believe it will set a disturbing precedent that could kill off the concept of continuity in fiction. No longer will writers or producers dare to make mention of characters or events that took place in previous episodes. It would simply become too expensive.

As an ameteur writer I can understand Harlan Ellison's possessive feelings over 'his babies', but the thought that subsequent writers, be it novels or episodes, would want to reference his story is a testament to the power of his writing.

Maybe I don't fully understand the situation, but that's my thoughts.

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2 Comments:

  • At 11:01 AM , Blogger Wickle said...

    Very well said.

    The "Star Trek" canon exists, and Edith Keiler and the Guardian are part of it.

    As I understand it, the copyright ownership is established ... and unless he retains some particular right, it's not his.

    That would open an impossible can of worms, and no one would dare participate in a series again for fear that someone other than the obvious creator made something.

     
  • At 8:26 AM , Blogger SueLee said...

    I got nosy and read the Writer's Guild current contract template online several years ago.

    As I understand the contract (I'm not a lawyer and I'm not a writer), if they use a character that you create in another episode, you get compensated. If they use the character in another television show you get compensated. That was the current contract.

    David Gerrold has stated that he got nothing for the ST:DS9 Trials and Tribulations episode. I'm not sure why. Maybe the contract didn't allow compensation for that in the 60's.

    You don't get compensated for other uses such as novels etc.

    It's strictly filmed production.

    I guess that's why they sometimes create new characters in shows instead of using a previous character. They would have to pay the writer who created that character extra.

    May work well in episodic fiction, but must be hell for story arcs and soaps.

     

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