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Harlan Ellison Sues For "Star Trek" Episode
Miracle Jones writes "The ever-quotable speculative fiction writer Harlan Ellison has launched a lawsuit against Paramount and the Writer's Guild West for rights to residuals surrounding his famous and award winning 'City on the Edge of Forever' episode for the original Star Trek series. Ellison, recently featured in the documentary 'Dreams with Sharp Teeth,' said that 'The Trek fans who know my City screenplay understand just exactly why I'm bare-fangs-of-Adamantium about this.' Regarding his lawsuit, he had this to say: 'The arrogance, the pompous dismissive imperial manner of those who "have more important things to worry about," who'll have their assistant get back to you, who don't actually read or create, who merely "take" meetings, and shuffle papers — much of which is paper money denied to those who actually did the manual labor of creating those dreams — they refuse even to notice... until you jam a Federal lawsuit in their eye. To hell with all that obfuscation and phony flag-waving: they got my money. Pay me and pay off all the other writers from whom you've made hundreds of thousands of millions of dollars... from OUR labors... just so you can float your fat asses in warm Bahamian waters.'"
Tell us what you really think dude ;)
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
This is not YRO. This did not happen online. The summary is so bad that I'm not even sure that this is about his rights.
He has a mouth and he must sue...
Get over it. Your copyright should have expired anyway by any sort of good definition of limited term.
I really enjoyed the Star Wars stuff he wrote...
On one hand, we have the tired old story of a writer/creative not receiving due credit for his work. On the other hand, said creative is possibly the most obnoxious asshole still living that I've known of.
On the third hand, this is Star Trek.
God, I'm so conflicted here, who do I want screwed over the most?
I don't know what is contract said, but if he's like most of us it's called "work for hire" and he's already been paid. Unless he has a contract that promises a percentage of the future royalties and licensing he's just upset that he didn't negotiate said type of contract back in the day.
How many of us negotiate compensation not as $120k/year but as 1/4% of future royalties?
Yep.
Ellison is one of my favorite sci fi writers but the version of the screenplay he wrote only vagely resembles the one that was used in the film, it was rewritten several times himself and by 4 others including D.C. Fontana and Roddenberry himself before it was finally filmed. As is the original script was unfilmable, it was written from a writers skew not a screenwriters one and also dismissed alot of the established character traits of the crew. He was originally upset enough by the rewrites that he threated to pull his name from the script.
Fast forward 42 years and a Hugo and now he wants all the credit? I take it his books arent selling like they used to? Seriously Harlan maybe you need the cash or something but get over it.
Regardless of what any contract says, regardless of who actually owes what, screenplay writers are the major breadwinners yet get paid virtually nothing for their efforts. Nobody got rich writing scripts, but many many rich actors and movie moguls got rich from bloody good stories.
Now, onto the crux of what he says. It is well-known that money brought in through lawsuits, etc, via the MPAA and RIAA have not been forwarded to artists. It is also well-known that artists repeatedly sue managers, producers and studios for payment of royalties. Is it too hard to imagine the studios rip off those who are respected and heard even less?
The totals are probably exaggerated a little. A Star Trek FAQ from the 1990s suggested the annual turnover of Star Trek merchandise was around 60 million dollars. Recent FAQs don't show any estimate and deny it's possible to calculate one, so this is the only figure I can really go on. It simply isn't possible for a single episode (minus residuals owed to everyone else involved) to be worth hundreds of millions of dollars, even if we assume the FAQ figure to be about right. Tens of millions, divided amongst everyone, for the entire time since original screening - that sounds more likely.
Given the number of people involved wasn't many, I could see that he should have made somewhere in the low single-digit millions or upper three-digit thousands off a single script at this point. If he has made less than this, he has every right to feel like the studio is ripping him off.
Of course, legally, all that matters is what the contract says. If the contract says he should be paid X amount and he has been paid less than that (a common enough experience with artists, so why not writers?), then he has not just a moral argument but a legal argument.
Those who accuse him of kicking up a fuss over nothing should remember that the studios ARE rip-off merchants, and ARE making a great deal of money off Star Trek. There isn't the slightest possibility all of the money Paramount is making is legal. Maybe most of it is, but don't expect me to believe they're being honest for the first time in their lives over one of their biggest money-spinners. Their lawyers are bigger and their accountants are sharper. If there's a way for them to have hidden income, you can be certain they have.
It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
This is why you don't take $$$ from the profits. You take them from gross revenue. Accounting can make all the profits vanish into thin air. Of course, this was done to deprive people with % of profits clauses in their contracts. Every solution that comes up, the studios will always try to find ways to minimize those numbers, to keep all the money to themselves.
The lawsuit is based on the master Writer's Guild contract in effect in 1967.
The contract defined who was entitled to be credited as a writer. It defined the writer's share in derivative works and merchandising.
It doesn't matter who owns the copyright on the script as broadcast.
The geek is abysmally naive about copyrights.
He forgets who owns the master prints. The trademarks that protect logos, character designs and props.
He forgets that Disney or Paramount has a corporate line of credit. Production facilities. Talent. Marketing and Distribution.
The screenwriter - the pro - never - forgets that without a strong union - without out a strong contract - the studios will find ways to profit from his work for all eternity.
The Last Dangerous Visions, the third volume of the anthology series, has become something of a legend in science fiction as the genre's most famous unpublished book. It was originally announced for publication in 1973, but other work demanded Ellison's attention and the anthology has not seen print to date. He has come under criticism for his treatment of some writers who submitted their stories to him, of which some estimate to be nearly 150 (many of the authors have died in the subsequent three-and-a-half decades since the anthology was first announced). Harlan Ellison
Greedy, arrogant writer sues greedy, arrogant corporation.
A few years ago at Worldcon, a famous SF author told a story about Harlan Ellison. It seems that Ellison once asked a friend and fellow SF author what he thought about his (Ellison's) latest book, and the friend told him, in polite terms, that he didn't feel it was Ellison's best work. Ellison never spoke to the man again.
But that's not the end of it. Years later, Ellison had a heart attack, and the former friend sent him a note to express that he was sad to hear it had happened and wish him a swift recovery.
Ellison wrote him a nine page letter to reject his get-well note.
I'm fascinated to see what's in Ellison's books, what comes from the mind of such an angry man that could fascinate people for generations, but I'm waiting for him to die before I buy any of them, I don't want to give him any of my money.
$1 is a minimum dollar amount required to trigger "consideration" aspects of law, and is not considered a "trifle". There are many suits calling for $1, and no I'm not going to get flyswatted by a lazy "Citation Please". It's because the elements of contract law of Offer, Acceptance, *Consideration*, Capacity, Legality usually require Consideration>0.
What Harlan is suing for is to establish precendent for future cases that if the Guild does not assist authors in certain ways, Bad Things will happen.
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine