Dale Hoppert said:
Harlan's note says he was alerted to the situation by Peter David, who used the Guardian in one of his books (Imzadi). Did PD buy the rights or pay HE royalties? Or does that only apply within television and movies?
First off, David wouldn't have had to pay Ellison, since he does not retain ownership of his
Star Trek novels; at the time, if payment had been required, Paramount would have had to pay. If
Imzadi were published today, CBS Studios would have had to pay.
However, it's my understanding that Paramount/CBS doesn't have to pay royalties to use one-off characters that Paramount/CBS owns in the novels, as this is not required in the WGA contract. However, if the writer of an episode were to retain legal ownership, then that changes and the writer has the same rights over the character or element that he has in a live-action production. So, if they want to use the Daleks in a
Doctor Who novel, then they have to get permission from the Terry Nation estate and pay it royalties (though the situation is a bit different becase the authors of
Doctor Who novels retain the copyright of the novel instead of it going to the BBC).
In any event, way back in the day, Peter David contacted Ellison and asked, personally, for permission from him to use the Guardian in
Imzadi. If Ellison doesn't own the Guardian, it wasn't legally necessary, but David did it anyway because they're friends. It's my understanding that Ellison neither asked for nor recieved royalties for the Guardian's use in that novel.
Jackson_Roykirk said:
It's like the estate of Gene Roddenberry (Majel and children). Will they get compensated by Abrams and Paramount for the use of Gene's Characters in this film? Or did they give away those rights when they "sold the store" to Paramount?
It's my understanding that the principle characters of the original
Star Trek, like
Star Trek itself, are owned lock, stock, and barrell by CBS and that Paramount Pictures currently has the license from CBS to produce films based upon it. In the past, the whole thing would have been owned by Paramount.
So, no, they don't need the Roddenberry estate's permission for anything.
CaptJimboJones said:
Was Ellison compensated for the recent novel series that spun off the "Guardian" episodes? I recall that he shrieked about that one as well.
I don't believe that anyone involved has issued any statements about the issue since Ellison threw his hissy fit about a year ago. The novels were published, and author David R. George III acknowledge Ellison's original contributions just like he acknowleged a those of many other Trek writers and actors in the acknowledgments section of the final novel.
It is, however, my understanding that Ellison has never recieved royalties nor been required to be asked for permission for any of the novels or comics in which the Guardian has been used, including
Yesterday's Son and
Time for Yesterday from the early-to-mid-80s, which very prominently featured the Guardian.
That said, I think it's pretty clear that he would indeed be owed some royalties if elements of his script were to be used.
If his WGA contract from "City" is similar to that of other TOS freelancers, it's my understanding that he would probably be owed royalties for use of the Guardian, but they wouldn't have to ask his permission to use it, nor would he have creative control over the Guardian's use, nor would he have the right to use the Guardian himself in other fiction, as CBS would retain ownership of it.
peacemaker said:
Would any of this be happening if the WGA was not on strike at the moment? One wonders. If not, then it's not about the money; it's not about Ellison; it's not about the characters, Trek, etc.; it's about solidarity with his guild. That's it. So, it's not being done because he actually values the material or his work; it's being done so he can make a statement for the Gipper.
Ellison was making the same noise about the use of the Guardian and Edith Keeler in the recent
Crucible novel trilogy by David R. George III about a year ago, so I don't think the WGA strike has anything to do with this.
Kegek said:
What about D.C. Fontana? They're using Sarek and Amanda from her episode "Journey to Babel", are they not?
This, too, depends upon Fontana's contract. Ellison was a freelancer, not part of the regular writing staff, but Fontana was a staff writer, so it's possible that her contract differed. She may not be owed any royalties for use of Amanda and Sarek at all, in point of fact, because she's a staffer. Similarly, I don't think I've ever heard of anyone having to pay Roddenberry or Fontana royalties for the use of Q from their episode "Encounter at Farpoint," nor Katharyn Powers for the use of Elim Garak from "Past Prologue"."