No 'Star Trek'-ing on Ellison's work

leIn 1968, science fiction writer extraordinaire Harlan Ellison helped "Star Trek" do what many thought could not happen: win a major mainstream award. The celebrated episode "The City on the Edge of Forever" took home the Writers Guild of America Award for Best Original Teleplay. More recent genre shows, such as "Battlestar Galactica," "Heroes" and "Buffy the Vampire Slayer," have sniffed at the Emmys, DGA, WGA and SAG major awards, but mostly have not jumped that hurdle. (Patricia Arquette's Emmy win for "Medium" should not be overlooked!)

Now comes word that the acclaimed writer is suing CBS-Paramount, Simon & Schuster and CBS Corp. for breach of contract. The author says the companies failed to pay him "for use of elements of a 'Star Trek' screenplay he wrote in a trio of 'Star Trek' novels."

Not a lot has been revealed about the lawsuit, or which particular novels supposedly took which particular elements, but gleaning from the creations of others in a multiverse-size story like "Star Trek" or "Star Wars" or "Stargate" seems acceptable and desirable. Authors are really particular, though, about what they own (intellectually and emotionally), so there's surely more going on than just 'He took my Vulcan.'

Mr. Ellison is not one to shy away from speaking his mind though, as illustrated here:

Comments

[Arye Michael Bender]

He's right, you know.

[VDOVault]

Go Harlan!

[Jean Prouvaire]

The trio of novels in question is the Crucible trilogy by David R George III which uses characters and concepts from "The City on the Edge of Forever" episode.

Ellison's claims have been discussed in various corners of the internet since he first made them some months ago, albeit with limited hard facts at hand.

The repercussions are potentially major as it's always been taken as given that elements created for a TV show are owned by the show's producers/studio, and that the writer is not entitled to revenues arising from re-use of these elements (with some specific exceptions such as re-use of characters created for one episode in subsequent episodes).

It's worth noting that elements from the episode in question - such as the Guardian of Forever time portal or Captain Kirk's love interest Edith Keeler - have previously appeared in other Star Trek episodes (the animated episode "Yesteryear") as well as many other licensed Star Trek novels and comics.

What it seems to boil down to is the specific contract Ellison (who is as talented as he is rambunctious) signed back in 1966 and whether it assigns or reserves rights for derivative works such as tie-in novels (something that may not have been made explicit in the agreement at the time).

The broader question is that if the standard writer's guild contract - assuming this is what Ellison signed - does grant him the rights he claims, what happens to all the other elements created by the hundreds of writers working on not just Star Trek, but the many other successful media franchises?

On the one hand it would be highly beneficial for writers to be commensurately rewarded if their creations have a follow-on life. On the other hand the administrative and financial burden required to manage such rights may severely limit the creativity and scope of future writers which would also be a shame. After all, one of the appeals of the Star Trek franchise (and others like it) - to fans and writers alike - is the vast, rich tapestry that can be tapped into and woven together by building on the works of predecessors.

[Ronbo]

And when Ellison published his original script for "City" as a book (with the longest hissy fit introduction in the history of publishing, in which he repeated ad nauseum every slight he ever suffered at the hands of Roddenberry, Shatner, and the guy who mopped the dressing room floors), did he pay royalties to all of the people whose creations he used?

I know writers have to vociferously protect their rights, lest media companies treat them like rented mules. But Harlan - a love interest and a time portal, these are not exactly completely new and unique creations in the annals of science fiction. Notice how no other writer has complained if backstory is recycled, and with elements that were a heck of a lot more specific. Somebody needs to surgically remove the tree limb Ellison is sitting on, lest the splinters drive him to further silliness.

[Dt Shindler]

Regarding Ronbo's comments: Ellison didn't make use of anyone else's copyrighted material in his publication of the script for THE CITY ON THE EDGE OF FOREVER. He used afterwords provided by various actors and writers, all of them bolstering his claims. So when he brings suit against corporations (or other writers) for infringing on _his_ copyrights, he's doing a good thing. Furthermore, there have been copyright suits by other writers; but the majority of them don't pursue such matters -- even though it's their right -- because they often don't have the money or the courage. Many writers wont sue someone for fear of "rocking the boat" and losing potential future assignments. But as Ellison has noted, that's like bending over and asking to be taken advantage of even after you've had it done once.

And if Ellison's character "Edith Keeler" and all the concepts brought to life (even in the bastardized version) in his script are so common and unoriginal, why is that script sitting in the Smithsonian? And why is it constantly voted as one of the best (name a category) TV material in hundreds of polls and articles?

Regarding Jean P's comments: Since the studios and publishers in question make millions of dollars off of this franchise, spending a comparatively miniscule amount in order to cover administrative costs to oversee the proper payment of royalties is actually worth it. To them, most assuredly; but also to the writers who earned the right to such royalties when they sit down and cobble up their dreams.

People NEVER ask for free service (or free follow-up service) from electricians, plumbers, yard workers or paperboys. But they do so all the time when it comes to writers.