Implementing Vulcans into my story.

[The Stoic]

This will be my first post on this forum. It's fortunate I found an active Star Trek forum consisting of fans as devoted as I am.

"Science Fiction & Fantasy" is the only category that I believe this thread would fit, being that I am writing my own sci-fi novel removed from the Trek universe. That is, with the exception of Vulcans, or at the very least an alien race inspired by them.

From what I have studied of copyright and trademarks last afternoon, I believe can use the word "Vulcan" as a proper-noun in my story. It is not a word created by Gene Roddenberry, and you cannot copyright words. That leaves the possibility of a trademark. I cannot find if the word is a trademark in context of science fiction. However, if it was, I can still use "Vulcan" as an alien race in my story, as long as the race's name does not appear in the story title or slogan.

As for their culture and philosophy: those are ideas. Ideas cannot fall under copyright. Despite the numerous alterations I plan to make to the race in these categories, the practices of stoicism, vegetarianism, and emphasis on diplomacy will be retained.

That leaves the aesthetic. Vulcans are distinguishable by their tapered ears, some by the subtle green tinge to their skin pigmentation, and arched brows. Here is where it becomes more murky. Would it be enough to give my version of this race tapered and noticably larger ears, a copper-based yellow (instead of green) blood when met with oxygen, and different standard haircuts?

 

[Holdfast]

Interesting question.

I'm no copyright lawyer, and ideally you should consult one.

Certainly the Vulcan schtick has been used more widely than in Star Trek. However, I'd have thought that if your race is substantially similar to the Vulcans, such that the typical casual reader would think they ARE the Vulcans, then you may be deemed to be breaching copyright. Of course, fair use might apply, but not if you are essentially using the popularity and recognisable nature of the Vulcans to profit from their use, especially if they are a central and essential piece of your work.

In short, you're not going to get a yes/no answer, and need a legal opinion, which itself could be challenged.

 

[Christopher]

From what I have studied of copyright and trademarks last afternoon, I believe can use the word "Vulcan" as a proper-noun in my story. It is not a word created by Gene Roddenberry, and you cannot copyright words. That leaves the possibility of a trademark. I cannot find if the word is a trademark in context of science fiction. However, if it was, I can still use "Vulcan" as an alien race in my story, as long as the race's name does not appear in the story title or slogan.

As for their culture and philosophy: those are ideas. Ideas are cannot fall under copyright. Despite the numerous alterations I plan to make to the race in these categories, the practices of stoicism, vegetarianism, and emphasis on diplomacy will be retained.

That leaves the aesthetic. Vulcans are distinguishable by their tapered ears, some by the subtle green tinge to their skin pigmentation, and arched brows. Here is where it becomes more murky. Would it be enough to give my version of this race tapered and noticably larger ears, a copper-based yellow (instead of green) blood when met with oxygen, and different standard haircuts?

You have some misconceptions about copyright law. No, the word "Vulcan" by itself is not a trademark, but if you use that name for an alien race that's stoic, vegetarian, pointy-eared, and copper-blooded, then that is plagiarism, pure and simple. A name by itself can't be copyrighted, but if you use it in the same context in which some earlier creator used it, if it's part of a whole package that includes the name, the appearance, and the culture, then that's direct imitation and it does violate intellectual property laws.

Besides, why would you want to do something so blatantly imitative and unoriginal? First of all, it's against the law, and no publisher or editor is going to touch your manuscript if you insert these thinly veiled copies of the Vulcans. Second, even if it weren't against the law, even if you gave them a different name and description, editors still get a ton of manuscripts that are just thinly disguised Star Trek stories, and those manuscripts get rejected out of hand because they're so derivative. Changing the names and details won't fool any editor, since they've seen it all a million times.

Third, and most importantly, you're selling yourself short if you just copy someone else's creation. If you have the ability to write, then you have the ability to imagine, to create something that's uniquely yours rather than just a lazy copy of something you saw on TV. Conversely, if you don't have enough imagination to come up with a distinct alien race, then you have no hope of ever becoming a professional writer. Writing is hard work. It takes a complete, committed effort. You can't succeed by taking shortcuts. You have to put all of yourself into it, and tell stories that come from you. If you're relying on imitations of other people's ideas, then you're not challenging yourself, not developing your own creativity. And you'll never succeed that way.

So don't waste your imagination on looking for legalistic excuses to get away with idea theft. Apply that imagination to creating something distinct. Broaden your horizons beyond Star Trek. Go to the library, read lots of science fiction, and see the immense possibilities that exist for alien characters in fiction. Don't copy anything, but think about the ideas the books expose you to, let those ideas raise questions in your mind, and think of possible answers to those questions. Let that whole body of experience inform your imagination and try to synthesize new possibilities from it. Instead of jacking someone else's car and slapping new paint and license plates on it, which is essentially what you're proposing, study the whole range of cars out there, learn the general principles of how they're designed and built, think about what the good designs share and what hasn't been tried yet, then design your own model based on those insights.

Of course, fair use might apply, but not if you are essentially using the popularity and recognisable nature of the Vulcans to profit from their use, especially if they are a central and essential piece of your work.

Fair use would only apply if it were a parody, or if it were treating Star Trek as a work of fiction on which the characters were commenting.

 

[The Stoic]

You have some misconceptions about copyright law. No, the word "Vulcan" by itself is not a trademark, but if you use that name for an alien race that's stoic, vegetarian, pointy-eared, and copper-blooded, then that is plagiarism, pure and simple. A name by itself can't be copyrighted, but if you use it in the same context in which some earlier creator used it, if it's part of a whole package that includes the name, the appearance, and the culture, then that's direct imitation and it does violate intellectual property laws.

I made it crystal clear that I was more than willing to alter appearance, and explicitly said that I was planning to make numerous alterations to the culture. What would then remain is the exact name, different appearance, and a culture somewhat resembling that of the Vulcans. That is hardly the whole package.

Besides, why would you want to do something so blatantly imitative and unoriginal? First of all, it's against the law, and no publisher or editor is going to touch your manuscript if you insert these thinly veiled copies of the Vulcans. Second, even if it weren't against the law, even if you gave them a different name and description, editors still get a ton of manuscripts that are just thinly disguised Star Trek stories, and those manuscripts get rejected out of hand because they're so derivative. Changing the names and details won't fool any editor, since they've seen it all a million times.

It is difficult to believe that an editor would reject the entire work simply because it includes "thinly veiled" Vulcans. To accurately predict an editor's reactions to the Vulcans in my story, you need to factor in what the story and setting themselves are. Information which only I possess at this time.

Third, and most importantly, you're selling yourself short if you just copy someone else's creation. If you have the ability to write, then you have the ability to imagine, to create something that's uniquely yours rather than just a lazy copy of something you saw on TV.

Is an author selling himself short if he uses Earth as a setting in his story? After all, it has been used as a setting countless times before in fiction.

Would an author be markedly unimaginative if one of his characters was human?

Conversely, if you don't have enough imagination to come up with a distinct alien race, then you have no hope of ever becoming a professional writer.

Point out to me where I ever said, or came remotely close to suggesting, that there would be no distinct, original alien races in my story.

The arrogance and patronization in the remainder of your misplaced lecture is worthy of an eye roll.

 

[barnaclelapse]

No offense, but that's a pretty paper thin argument. Using earth and humans to justify your interest in Vulcans and Vulcan as a means to creating your own character and world doesn't really make sense to me, since the overall concept of earth and of humans aren't trademarked (so far as I know). Vulcans and the planet Vulcan are.

But you're not wrong to draw on your influences, interests, passions and so on for your own ideas. That's generally what writers do. It's just a very, very tricky line to walk between a unique creation with strong, distinct influences in past fictional creations and something that's just clearly a thinly-veiled ripoff with a slightly different make-up.

You seem to be pretty aware of this line, so I can only wish you the best in coming up with something that stands as the product of your own imagination while also paying homage (since I assume that's at least partially why you're doing this) to the characters and worlds that have compelled you to take up writing in the first place.

Again, tricky line to walk. But you're at least aware of that, so you're already off to a better start than most.

 

[The Stoic]

No offense, but that's a pretty paper thin argument. Using earth and humans to justify your interest in Vulcans and Vulcan as a means to creating your own character and world doesn't really make sense to me, since the overall concept of earth and of humans aren't trademarked (so far as I know). Vulcans and the planet Vulcan are.

Christopher seemed to be approaching it from another perspective than merely legal matters. He contested that to use a concept that has been used before in fiction, your merits as an author are thrown into question. That, is of course, false.

It's astoundingly premature to say that on the basis of a fictional universe having Vulcans, that the universe itself is a complete rip-off of Star Trek. For all he knows, my story could be strikingly dissimilar to Star Trek in every aspect save for the Vulcans.

But you're not wrong to draw on your influences, interests, passions and so on for your own ideas. That's generally what writers do. It's just a very, very tricky line to walk between a unique creation with strong, distinct influences in past fictional creations and something that's just clearly a thinly-veiled ripoff with a slightly different make-up.

Indeed.

You seem to be pretty aware of this line, so I can only wish you the best in coming up with something that stands as the product of your own imagination while also paying homage (since I assume that's at least partially why you're doing this) to the characters and worlds that have compelled you to take up writing in the first place.

Again, tricky line to walk. But you're at least aware of that, so you're already off to a better start than most.

Thank you.

All I wish to do is write a legitimate novel, perhaps later on a series of novels, for others to enjoy. The fictional universe has to be me. Star Trek molded much of what I am, especially Spock and the Vulcans in general. So in that sense, I would be selling myself short if I chose not to pay homage.

 

[barnaclelapse]

Right. I'm certainly not prepared as both a writer and reader to write you off because you happen to work in something that comes out of your interest in Vulcans. It's just, again, a tough route to take. If it comes off badly, the overall work does run into the danger of being viewed by others as derivative or even just a flat-out rip off. Doesn't necessarily mean that's right, but that's just the way it can sometimes.

Like I said, you seem to know the difference between a rip-off and something that is the product of your own interests. Just be careful, have faith in your own artistic instincts and strive for as much originality as is humanly possible in this day and age.

You know, the obvious stuff.

 

[T'Baio]

Don't be a hack.

Write something wholly original.

Otherwise...you're a hack.

Plain and simple.

 

[Greg Cox]

Helpful advice: Do your own thing and don't call them "Vulcans." That's just asking for trouble.

And calling them "Vuulcans" is just silly and will only make readers roll their eyes.

Don't laugh. I still remember this one submission I got a few years ago. The very first scene featured a "Klargon" battler cruiser activating its "stealthing device."

I think I read all of five pages before reaching for a rejection slip . . . .

 

[Christopher]

I made it crystal clear that I was more than willing to alter appearance, and explicitly said that I was planning to make numerous alterations to the culture. What would then remain is the exact name, different appearance, and a culture somewhat resembling that of the Vulcans. That is hardly the whole package.

Yes, it is. If you use the name "Vulcans" for a stoic, logical alien culture, that is copyright infringement. It doesn't have to be exact, it just has to be recognizable and use the same name. If you call them "Hephaestians" or something, but still portray a race that's obviously an imitation of the Vulcans, it's technically legal, but still guaranteed to get you a rejection.

It is difficult to believe that an editor would reject the entire work simply because it includes "thinly veiled" Vulcans. To accurately predict an editor's reactions to the Vulcans in my story, you need to factor in what the story and setting themselves are. Information which only I possess at this time.

Doesn't matter. If you're capable of telling a story that's worthwhile otherwise, you're capable of coming up with something better than a copy of the Vulcans. And any editor who published a story featuring such thinly veiled Vulcans would be a laughing stock. You're dooming yourself to failure if you try this.

Is an author selling himself short if he uses Earth as a setting in his story? After all, it has been used as a setting countless times before in fiction.

Would an author be markedly unimaginative if one of his characters was human?

A nonsensical comparison, since Earth and humans aren't fictional creations.

Point out to me where I ever said, or came remotely close to suggesting, that there would be no distinct, original alien races in my story.

If you're capable of creating original alien races, you don't need to do anything as self-destructive and ill-advised as copying the Vulcans.

The arrogance and patronization in the remainder of your misplaced lecture is worthy of an eye roll.

I'm trying to do you a favor. What you're proposing is a terrible idea on every possible level, and is in fact illegal. I wouldn't be doing you any favors by soft-selling that. You need to be talked out of this at all costs, because it's only going to hurt you if you go ahead with it.

Helpful advice: Do your own thing and don't call them "Vulcans." That's just asking for trouble.

And calling them "Vuulcans" is just silly and will only make readers roll their eyes.

Don't laugh. I still remember this one submission I got a few years ago. The very first scene featured a "Klargon" battler cruiser activating its "steathing device."

I think I read all of five pages before reaching for a rejection slip . . . .

Listen to this man. He is an editor. He is the kind of person you'd be submitting your work to. If you don't believe me, believe him.

 

[The Stoic]

A nonsensical comparison, since Earth and humans aren't fictional creations.

Elves, dwarfs, and Hobbits.

Gary Gygax, co-creator of Dungeons & Dragons, had Hobbits in the original release of the role-playing game, but later renamed them "halflings" because of copyright issues. So all of the D&D franchise is out the window for you. I personally enjoy a good share of Forgotten Realms books, and think the unoriginal races are often handled very originally.

If you're capable of creating original alien races, you don't need to do anything as self-destructive and ill-advised as copying the Vulcans.

I explained this to another already, so I will repost it for you:

Star Trek molded much of what I am, especially Spock and the Vulcans in general. So in that sense, I would be selling myself short if I chose not to pay homage.

Surely the idea of taking a race from the Star Trek universe and placing it in another fascinates you to some degree.

Whether my version of the Vulcans must be renamed to avoid this potential legal issue or not, I am seeing this through. I wish you luck meanwhile in your own endeavors as a writer.

 

[T'Baio]

FAIL!

Writers who get so defensive over constructive criticism are bound to FAIL!

 

[Greg Cox]

You can certainly be inspired and influenced by Star Trek's Vulcans, but put your own spin on them and don't make it just a xerox with a funny name.

Here's the thing:

People who want to read STAR TREK novels know where to find them. And if they want to read about Spock and Vulcans, they can read about the real things. They don't have to go looking for thinly-disguised alternatives.

People who don't want to read STAR TREK novels will be annoyed if they buy what they think is an original sf novel and discover that it's just STAR TREK with the serial numbers filed off. That's not a recipe for good reviews or sales.

It's all about how blatant your influences are.

 

[JoeZhang]

Surely the idea of taking a race from the Star Trek universe and placing it in another fascinates you to some degree.

But this is the catch-22, unless you are doing parody work, you are going to have to put in a preface that explains that those characters are a em. "tribute" to Star Trek Vulcans, otherwise anyone reading it is simply going to say "this guy is trying to rip off Star Trek, what a hack!"

If you *do* put in such a preface, then you open yourself up to legal problems... and no editor is going to touch it.

 

[Christopher]

A nonsensical comparison, since Earth and humans aren't fictional creations.

Elves, dwarfs, and Hobbits.

Gary Gygax, co-creator of Dungeons & Dragons, had Hobbits in the original release of the role-playing game, but later renamed them "halflings" because of copyright issues.

Again, a bad analogy. That was a game, not a story, so people weren't bothered by the blatant imitations. The people who read original science fiction don't want to see blatant copies of aliens from TV shows.

As for elves and dwarves, those are creatures that have been around in folklore for centuries. Nobody owns them. Vulcans are universally recognized as being from Star Trek.

Besides, Vulcans are just one example of a broader category, humanoid aliens. It's not hard to come up with a less derivative entry in the same category.

I explained this to another already, so I will repost it for you:

Star Trek molded much of what I am, especially Spock and the Vulcans in general. So in that sense, I would be selling myself short if I chose not to pay homage.

Surely the idea of taking a race from the Star Trek universe and placing it in another fascinates you to some degree.

No, it doesn't. It's just imitation. There are better ways to pay homage. In my original SF, for instance, I try to pay homage to the principles of Star Trek, to portray an optimistic future with humanist values and interspecies cooperation.

After all, the aliens in ST are just symbols for ideas and aspects of the human condition. It's not the surface trappings that make ST what it is, it's the underlying philosophy and principles.

Instead of just imitating the Vulcans, try thinking about what it is within yourself that Spock and the Vulcans have inspired, how their example has shaped your own life and worldview, then use that as a starting point for creating something of your own.

Whether my version of the Vulcans must be renamed to avoid this potential legal issue or not, I am seeing this through. I wish you luck meanwhile in your own endeavors as a writer.

Well, I'd wish you luck in return, but as long as you insist on doing this, all the luck in the world won't help you. And you're selling your own imagination short. Believe me, if you come up with something of your own, you'll be much more satisfied by it.

Stubbornness is not a good trait for a writer. Learning to write takes hard work. You have to be willing to admit and correct your mistakes, to learn from rejection, to listen to advice from professionals who know the business, to strive constantly to improve. You have to be willing to let go of your initial ideas and work toward better ones. One of the most famous pieces of advice to writers is "Kill your darlings." That is, no matter how much you love an idea, no matter how strongly you're attached to it, you have to be willing to abandon it in service to the story.

 

[Temis the Vorta]

Why are you asking us? Ask your agent.

If you plan to publish this novel, you should already have an agent. If you're not planning to publish, then it's fanfic so anything's allowed. Knock yourself out.

 

[sojourner]

The problem is all you have to say is "race based on logic", just 4 words, and the first thing everyone thinks of are Star Trek Vulcans. It's the same reason you don't read about "laser swords" in books, everyone immediately thinks Star Wars ripoff. It has become a science fiction cliche' that now only works in the original setting.

 

[barnaclelapse]

FAIL!

Writers who get so defensive over constructive criticism are bound to FAIL!

Indeed.

For the life of me, I'll never understand how the entire industry of literature has been built on the backs of some of the most insecure people in history. No wonder we're junkies and alcoholics.

 

[The Stoic]

A nonsensical comparison, since Earth and humans aren't fictional creations.

Elves, dwarfs, and Hobbits.

Gary Gygax, co-creator of Dungeons & Dragons, had Hobbits in the original release of the role-playing game, but later renamed them "halflings" because of copyright issues.

Again, a bad analogy. That was a game, not a story, so people weren't bothered by the blatant imitations. The people who read original science fiction don't want to see blatant copies of aliens from TV shows.

As for elves and dwarves, those are creatures that have been around in folklore for centuries. Nobody owns them. Vulcans are universally recognized as being from Star Trek.

Besides, Vulcans are just one example of a broader category, humanoid aliens. It's not hard to come up with a less derivative entry in the same category.

I explained this to another already, so I will repost it for you:

Surely the idea of taking a race from the Star Trek universe and placing it in another fascinates you to some degree.

No, it doesn't. It's just imitation. There are better ways to pay homage. In my original SF, for instance, I try to pay homage to the principles of Star Trek, to portray an optimistic future with humanist values and interspecies cooperation.

After all, the aliens in ST are just symbols for ideas and aspects of the human condition. It's not the surface trappings that make ST what it is, it's the underlying philosophy and principles.

Instead of just imitating the Vulcans, try thinking about what it is within yourself that Spock and the Vulcans have inspired, how their example has shaped your own life and worldview, then use that as a starting point for creating something of your own.

Whether my version of the Vulcans must be renamed to avoid this potential legal issue or not, I am seeing this through. I wish you luck meanwhile in your own endeavors as a writer.

Well, I'd wish you luck in return, but as long as you insist on doing this, all the luck in the world won't help you. And you're selling your own imagination short. Believe me, if you come up with something of your own, you'll be much more satisfied by it.

Stubbornness is not a good trait for a writer. Learning to write takes hard work. You have to be willing to admit and correct your mistakes, to learn from rejection, to listen to advice from professionals who know the business, to strive constantly to improve. You have to be willing to let go of your initial ideas and work toward better ones. One of the most famous pieces of advice to writers is "Kill your darlings." That is, no matter how much you love an idea, no matter how strongly you're attached to it, you have to be willing to abandon it in service to the story.

Stubborn? I conceded that it may be ideal to change the race's name. Indeed my main objective remains. It is as unwise to compromise at every turn, as it is to cling to the repeatedly ineffective.

 

[The Stoic]

You can certainly be inspired and influenced by Star Trek's Vulcans, but put your own spin on them and don't make it just a xerox with a funny name.

Here's the thing:

People who want to read STAR TREK novels know where to find them. And if they want to read about Spock and Vulcans, they can read about the real things. They don't have to go looking for thinly-disguised alternatives.

People who don't want to read STAR TREK novels will be annoyed if they buy what they think is an original sf novel and discover that it's just STAR TREK with the serial numbers filed off. That's not a recipe for good reviews or sales.

It's all about how blatant your influences are.

This seems reasonable. I will consider your words.