After going home last night I decided that I should attempt to dot my I's and cross my T's, so I spent an hour or so digging around and found my backup copies of FJ's Tech Manual and "The Making of Star Trek", and a few other things.
The first thing I noticed was that, looking inside a 1st Edition Fifth printing of the Tech Manual it lists (emphasis mine) "
Franz Joseph Designs" as the
copyright holder (1975). It also states that : "The publisher gratefully acknowledges the cooperation of Paramount Television, a division of Paramount Pictures Corporation, the producers of the Star Trek television series, in
granting permission to publish this volume." Rodenberry is "gratefully appreciated" in a list of "civilians" (in keeping with the "official document" nature of the project). So then I dug around and managed to find the copyright for the FJ Booklet of General Plans:
Which clearly states that the BoGP is
copyright (1973) by
Paramount Pictures Corporation. Interestingly enough, the signature of Roddenberry is merely printed, despite the fact that he was FJ's main facilitator for the whole project (approving the project, presumably introducing him to the other people referenced in the acknowledgments). The BoGP lists the FJ version of the Constitution class registries (
which are therefore copyright of Paramount, not FJD (since, as I understand it, the BoGP precedes publication of the TM):
The Bonhomme Richard and Achernar class (not to mention DD/SC/DN/TT) registries and diagrams are in the Tech Manual, along with all the UFP member world data (flags, etc.), are
not the BoGP so these, presumably are
copyright by FJD. But, as we know, these items were used in Star Trek I, II, and III, at the least. If they were used without permission than FJD would have a legitimate beef. If they were used with permission, then one has to wonder why they are so "verbotten" of late? Answers to some of these questions can be found in various places, and one place to start is the FJ timeline. In part, Rodenberry facilitated the production of FJ's work and then Paramount came in and claimed all rights, insisting that FJ get permission from them -- not GR. An example of how this process went is contained in these quotes:
http://www.trekplace.com/fj-timeline.html
"FJ has made about a dozen drawings at this point and writes GR regarding proprietary rights."
"GR writes back, encourages FJ to proceed, and wants to arrange with FJ to have Lincoln Enterprises (his wife Majel Barrett's ST memorabilia business) market the drawings."
"GR calls FJ and is highly complimentary about the BGP. Neither he nor his staff has seen work of this caliber and they still are amazed that such a drawing of the Enterprise could be produced. GR invites FJ to visit him at Warner Studios in Burbank to discuss equipment problems he's been having with Planet Earth."
"10 months have passed, and FJ has received no response from either GR or Lincoln Enterprises regarding marketing the BGP and TM. FJ takes a different tack and writes Paramount Television asking for information as to who holds the proprietary rights to Star Trek, and how FJ might obtain a licensing agreement to sell copies of the BGP at Equicon '74 in April."
"Lou Mindling, Vice President of Paramount Television, calls FJ. He says Paramount holds all the proprietary rights to the Star Trek theme and that FJ will have to deal with them (not GR) in all future marketing. He says Paramount is extremely interested in marketing FJ's work through their international organization, and Paramount will offer FJ a royalty agreement after looking for a suitable publisher. He will discuss the matter with Ballantine Books and get back to FJ as soon as he has something definite."
"FJ tells GR about his interaction with Paramount, and apologizes to GR, but it is obvious that Paramount has the legal/marketing rights to Star Trek and will be handling the marketing of FJ's work instead of Lincoln Enterprises."
"After lengthy negotiations with Paramount over royalty percentages, FJ, Lou Mindling, and Judy-Lynn Del Rey reach an agreement. Paramount gets the lion's share of the profits."
"FJ, Ballantine, and Lou Mindling go through lengthy negotiations over the proposed contract for the TM. FJ has more original work involved in the TM than in the BGP and wants a higher percentage of the profits; he also wants the book copyrighted in his name, not Paramount's."
"Lou Mindling says Paramount will not contest a copyright on the TM in FJ's name."
"GR writes FJ to acknowledge he has received the TM. He is bitter about his previous arrangements with Paramount during the live TV series, and he doesn't think FJ has given him a large enough acknowledgement credit in the front of the TM."
"Lou Mindling calls to tell FJ that Paramount is going full-blown on the Star Trek movie, with an expected release in 1977, although they were starting from scratch. He said they would should shortly have a project for FJ and to think about "modernizing" the Enterprise. Nothing will be done to compromise GR and his ideas as creator, but Paramount wants FJ to help get this thing off the ground. FJ has no idea what they have in mind, but assumes they'll tell him when they're ready."
"Lou Mindling calls FJ, and they have a long conversation. Lou asks if FJ would like to be involved with the Star Trek movie either as a writer, a consultant, an actor -- whatever. Anything. Please. FJ declines the offer, feeling it is not his place to be telling GR what to do with his creation."
"FJ re-enters the hospital with symptoms that lead to a diagnosis of intestinal cancer. He has surgery May 30 and is released from the hospital June 12. [FJ's health problems this year had been draining his energy for quite some time beforehand, and were probably one of the other reasons FJ did not want to get involved with any Hollywood Star Trek projects -- he was tired all the time and having trouble just getting through day-to-day tasks. After he got through these two hurdles, his health rebounded until his final illness in 1994.]"
So, how much crow do I have to eat? A little, I guess.
Technically, the Tech Manual is copyright of FJD, not Paramount. However, it is published (according to the actual publishers) with the permission of Paramount. Conceivably it can only be republished with further permission of the copyright holder, though we don't know the full details of any agreement: it may be a blanket permission, or it may not, and it might be either to the author of the publisher (though the latter could be implied). What does this mean? FJD owns the copyright on a derivative work. He does not own the copyright on the original IP. In another context, a publisher may hold the rights on a particular edition of a book (and would prosecute another company who did a "knock-off" version while they hold the rights), but their derivative rights do not supercede those of the original IP holder.
So in theory I was wrong regarding ownership of the DD/SC/DN/TT designs, but that did not stop Paramount from using them. Frankly, FJD would be glad to get a small amount of money for use of these materials, IMHO. I was correct about ownership of the BoGP and the FJ version of the Constitution class Registry list (the basis of my original claim), which was the main point of the discussion revolving around FJ and the Constellation. Does FJD have permission to hand out licenses to the entire Star Trek universe? No, everything Trek related, including under his own copyright, was only possible with the permission of the IP holder. In point of fact, AFAIK FJ did not
sell "licenses" to either ADB or Gamescience, merely wrote back positively to inquiries that 'they could use his work'. The TM does not include any images or alien species or starships, and as such use of these TOS IP items, even if the FJ copyright held up in court, ran them afoul of Paramount's lawyers. Frankly, I would guess that these lawyers may have had a word or two to FJD regarding these "licences" and no more have (AFAIK) been granted.