Tribbles Creator Calls On Trek Fans To Support Ellison Suit

[Carpe Occasio]

David Gerrold, screenwriter of one of original Star Trek's most popular episodes, "The Trouble with Tribbles," made multiple posts this week at http://trekmovie.com/ coming to the defense of Harlan Ellison, who has taken some internet heat recently due to his lawsuit againt CBS Paramount over its alleged failure to pay him for the merchandising, publishing and other exploitations of "City on the Edge of Forever."

"A lot of people are repeating a lot of BS about Harlan Ellison, creating a mental image of him as some kind of cranky belligerent dwarf on a rampage," wrote Gerrold. "That's just not true. I know Harlan, I've known him for over forty years. He's a passionate man. He gave me one of the character references I needed when I adopted my son. He's also set a standard for writers throughout the field to aspire to. And in all the time I've known him, I've watched him continually educate himself and grow, not only as a storyteller, but also as a human being. He does not deserve one-tenth of the BS that people spread about him."

Gerrold points out that Ellison is fighting not just for himself, but on behalf of all screenwriters who created concepts which were later exploited by others.

"Harlan Ellison isn't the only writer who is affected by this," he wrote. "Other Star Trek writers like DC Fontana (who wrote more episodes of the original series than anyone else and who created the characters of Sarek and Amanda) will also benefit. It is also likely that writers who worked on other series will benefit from the precedent.

"Here's an example a little closer to home. The scriptwriters of the DS9 episode 'Trials and Tribble-ations' will receive residuals in perpetuity every time that episode earns money. The scriptwriter who created the tribbles receives nothing for that reuse of his work. Is this fair? If you go by the letter of the contract, it's legal. But fair? You decide.

"While I appreciate that everybody has an opinion on this, what's really happening here is that the contracts of the Writers Guild have not kept up with the changing technology of entertainment delivery. Harlan Ellison's lawsuit is a direct challenge to the status quo, but it is also a declaration that those who toil in the factories of Hollywood should be allowed to enjoy the fruits of their labors."


http://scifiwire.com/2009/03/tribbles-creator-david-ge.php

 

[SFRabid]

I can relate to what he is saying when I put it in music terms. Imagine that a rap artist is inspired by a loop from a Michael Jackson song. Extremely funky with tight bass and drums overlaid with awsome rhythm guitar. That loop becomes the base from the next big RnB hit. People know Michael Jackson as creator of the loop because it is from his record. The drummer, bassist and guitarist who actually created the loop get nothing. No recognition. No studio pay. Nothing even though their idea and their playing is the foundation of the biggest hit on the radio. Not even an acknowledgement for playing. This happens all the time in the music business and it is not right. It's also not right in any other entertainment field, but it happens.

 

[kissthestar]

Creative people "deserve" their due, just as capitalists "deserve" their profits and workers their wages.

 

[Red Ranger]

Well, I have to say I'm not a big fan of Gerrold, either, Sure, Trouble With Tribbles is a good ep, but he did an Ellison and bitched and moaned about the changes to his script for The Cloud Minders. That's what happens when you write for episodic TV, fellas. THEY CHANGE THINGS! And Ellison does sound like a cranky old nutcase. If the shoe fits, wear it. As a writer myself, I do sympathize, but it is what it is. -- RR

 

[Ghel]

As someone who spent quite a bit of my life in the literary field myself, both writing and teaching in a college setting, I would like to say . . . blah, blah, blah.

Yes, Harlan Ellison came up with the idea and the first draft of Trouble, but (without seeing the exact contract) he also agreed to and received payment for the work that he did.

Now, his specific contract may be different, but MANY contracts (and indeed most corporate business contracts as well) include a waiver of rights to new ideas. Generally, they say something to the effect of: "any ideas you come up with on company time/for submission to this publication become the property of the company/the magazine."

Granted, Harlan Ellison's contract may have given him more rights because of his status as a writer, but to still be engaged in lawsuits thirty years after submitting one script to a weekly television series seems extremely absurd.

As for the question of "is it fair," to NOT get essentially limitless residuals on all of your ideas, I would actually say, "of course it's fair." Harlan Ellison created the idea of a semi-sentient time machine. Ok. Desilu, and later Paramount took on the financial risk of funding and producing the television series. Contractually, H.E. would have gotten paid whether his idea became a classic Star Trek episode or a failed Team Knight Rider episode that lost money.
In addition to not having any risk, H.E. was working FOR Desilu when he wrote that script. As indicated, only "artists" seem to believe that their ideas should personally earn them limitless residuals in spite of the fact that they are on someone else's clock. If you hired an interior designer to create a room, and they kept coming back every year for more money because you let other people see the room, they would be laughed away. Yet writers like Ellison believe they are entitled to perpetually profit from every idea they've ever had.

When HE publishes his own novels he should be paid for as long as the novels sell. However, when he is working for another organization/company, and SIGNS A CONTRACT, he should accept the terms of the agreement and move on.

 

[JiNX-01]

I don't know how Hollywood worked back in the day, so maybe someone here can answer this question: Do Shatner and Nimoy get residuals for the sales of DVDs, videocassettes, and reruns of TOS?

They too worked under contract on someone elses clock and were no doubt well-paid for their efforts. I'm just curious...

 

[JustKate]

Wasn't this one of the points of contention during the most recent writers' strike? I can't remember how it was settled, but I very much doubt if TOS writers had anything in their contracts regarding video/DVD sales. Why would they?

 

[Triskelion]

Hm, compare Paramount's position here to what they might say about fans monetizing their IP. I'm just saying....

 

[QuasarVM]

Well, I have to say I'm not a big fan of Gerrold, either, Sure, Trouble With Tribbles is a good ep, but he did an Ellison and bitched and moaned about the changes to his script for The Cloud Minders. That's what happens when you write for episodic TV, fellas. THEY CHANGE THINGS! And Ellison does sound like a cranky old nutcase. If the shoe fits, wear it. As a writer myself, I do sympathize, but it is what it is. -- RR

Well, Red/Ghel --

You're right on all counts. Now prepare to be brow-beaten and flamed for daring to speak the obvious truth. The kool-aid drinkers and "friends of Harlan and Dave" will not allow it! And what's more, neither will THEY. I'm surprised Gerrold hasn't shown up here pleading Harlan's case.

And please...this whole "Harlan is really a teddy bear. Pay no attention to what he says and does" crap is a collossal load of horse puckey. He built his own reputation...and frankly, I doubt even he would deny the claims. I suspect he enjoys he pugnacious reputation, actually.

I was saying basically the same things on this subject in my posts.

But, ya know...I am really sick of this entitlement mentality that seems to be plaguing the nation in general. I mean what...is up...with people? Although as long as "squeeky wheels keep getting the grease" this will just continue and get worse...and it just makes me livid and wanna barf...and slap the perpetrators like Parmen slapped Kirk in Plato's Stepchildren.

In fact, I'd tell them what Parmen told Kirk! I'd tell them "Do not take that tone with meeee." and then proceed to slap them silly.

It'd be worth it...and most of all...fun!

Anyway, I digress (again, as I am want to do!)...

I say it's time to say a resounding NO! to the big crybabies...and draw the line HEAH!!! THIS FAH AND NO FAHTHA!!!!

Otherwise, we're going to see every opportunistic entitlement-brained crybaby in the country filing lawsuits for everything under the sun...things they aren't necessarily entitled to!

But ya know...whatever.

Worse things are (and will) happen in this country than Harlan getting a few sheckles (earned or not) a gig he took over 30 yarns ago...

But don't tell me he's a teddy bear.

 

[Kail]

The producers hired the writer to write a script, and he was PAID for his effort. End of story. The property belongs to the producers.

 

[Alidar Jarok]

Not if his contract says otherwise. The property belongs to whomever the contract says it belongs to. Ellison claims he has the rights to the Guardian of Forever. Modern day contract for Trek shows wouldn't have allowed this, but it's possible it was different back then.

 

[rramarr]

I hit up the commentary at Sciwire - another corporate crook. I hope it helps.

 

[BolianAuthor]

Gerrold and Ellison both can open wide, and take a stiffy. I don't give a frak about Ellison's little temper tantrum. When your story is used by the studio, it becomes their property, not yours. When you submit a spec script to the Trek writing staff, it becomes their property to use. Yes, you may be the writer of the story, but YOU willingly offered it to the studio for use. Don't like it? Then don't send it, or submit it. Simple as that. Ellison is just a big crybaby.

 

[The Grim Ghost]

Well, I have to say I'm not a big fan of Gerrold, either, Sure, Trouble With Tribbles is a good ep, but he did an Ellison and bitched and moaned about the changes to his script for The Cloud Minders. That's what happens when you write for episodic TV, fellas. THEY CHANGE THINGS! And Ellison does sound like a cranky old nutcase. If the shoe fits, wear it. As a writer myself, I do sympathize, but it is what it is. -- RR

Well, Red/Ghel --

You're right on all counts. Now prepare to be brow-beaten and flamed for daring to speak the obvious truth. The kool-aid drinkers and "friends of Harlan and Dave" will not allow it! And what's more, neither will THEY. I'm surprised Gerrold hasn't shown up here pleading Harlan's case.

And please...this whole "Harlan is really a teddy bear. Pay no attention to what he says and does" crap is a collossal load of horse puckey. He built his own reputation...and frankly, I doubt even he would deny the claims. I suspect he enjoys he pugnacious reputation, actually.

I was saying basically the same things on this subject in my posts.

But, ya know...I am really sick of this entitlement mentality that seems to be plaguing the nation in general. I mean what...is up...with people? Although as long as "squeeky wheels keep getting the grease" this will just continue and get worse...and it just makes me livid and wanna barf...and slap the perpetrators like Parmen slapped Kirk in Plato's Stepchildren.

In fact, I'd tell them what Parmen told Kirk! I'd tell them "Do not take that tone with meeee." and then proceed to slap them silly.

It'd be worth it...and most of all...fun!

Anyway, I digress (again, as I am want to do!)...

I say it's time to say a resounding NO! to the big crybabies...and draw the line HEAH!!! THIS FAH AND NO FAHTHA!!!!

Otherwise, we're going to see every opportunistic entitlement-brained crybaby in the country filing lawsuits for everything under the sun...things they aren't necessarily entitled to!

But ya know...whatever.

Worse things are (and will) happen in this country than Harlan getting a few sheckles (earned or not) a gig he took over 30 yarns ago...

But don't tell me he's a teddy bear.

From what I've heard Harlan is far from a teddy bear and a really mean spirited guy at times..HOWEVER:

Entitlement? We haven't seen the guy's contract. We always hear people saying that it is unusual for what he claims to be put into a contract. But we don't know. Maybe his contract states that he will always own a piece of these concepts. Maybe Paramount is screwing him over. If so, that isn't an entitlement philosophy. It is what the man deserves based on his contract, teddy bear or not.

 

[Steve Roby]

Damn, there's a lot of experts on the legal implications of WGA contracts around here. Why aren't you all making big bucks as contract or IP lawyers instead of hanging out here?

 

[Alrik]

Damn, there's a lot of experts on the legal implications of WGA contracts around here. Why aren't you all making big bucks as contract or IP lawyers instead of hanging out here?

How do you know some aren't? This is a pretty wide ranging and diverse board. You never know.

 

[USS Triumphant]

I'm torn, because on one hand, I want the writers paid their due, but on the other hand, I really don't want pieces of Star Trek under a whole bunch of separate people's control, making it more difficult for really cool stuff to be made.

 

[Maurice]

Merchandising and spin-offs as we know them today were not common back when these contracts were written, so even if the agreements did not address them specifically, is it fair that Corporation X gets to make money forever on Author Y's work just because Y wasn't able to see the future? I bet almost to a man or woman everyone here would be singing a different tune if they'd done some work for hire, were paid a pittance, and then had to watch some corporate machine grind profits out of that work for perpetuity.

 

[FalTorPan]

I support whomever is in the legal right. If Ellison is entitled to financial compensation, then he should be paid. If not, then he shouldn't.

Work-for-hire contracts are not unheard of. I work in IT. I've made significant contributions -- many of them creative in nature -- to many highly profitable applications. My compensation has always been my salary at the time I worked on those applications. End of story.

 

[S'kai]

So sue me.