I get irritated by people who think that something as minor and benign as, "Guy won't read my Star Trek book" constitutes corruption and oppression.
Yeah. It's like walking into a hospital off the street with no medical training, asking them to let you perform surgery, and calling them corrupt when they say no. Writing may not be as life-and-death as surgery, but it's still something you need professional training to do as a paying job.
The problem is that there are a lot of people who write Trek fanfiction as a hobby, and they assume that writing professional Trek fiction is no different. But it's very different, in the same way that a paying profession is always different from a similar hobby.
If it was rejected by Pocket or CBS and never published, that means it's not under copyright to them -- so, no, it wouldn't be illegal to use the original elements in a non-Star Trek context. It is the act of publishing a Star Trek novel that causes all of the original elements within it to become CBS property.
I really don't think that's correct. My contracts say that the publisher and/or CBS owns the rights to the manuscript and associated drafts, outlines, etc., not just the published work. I think that as soon as you sign a contract for a Trek novel, you're ceding ownership of the work. It's not like original writing where you write it first, then sell it and get a contract to publish it. Here, you sign the contract before you write the book, and usually before you write the outline. So it's at that point, not the point of publication, that the work becomes theirs. Because it was never yours to begin with. You agreed
in advance to create something that would belong to them.
Being entitled to a royalty for use of an original element is a separate legal issue from retaining ownership of that element or having creative control over the use of that element.
Right. A lot of people get those two things confused. For instance, D. C. Fontana probably got a royalty check for ST'09's use of Sarek and Amanda, but she wouldn't have had the right to tell them they couldn't use those characters, because they don't belong to her. Work-for-hire means you're entitled to compensation for the use of what you create, but that doesn't mean you own or control what you create. You cede ownership in exchange for monetary compensation.
I imagine that whether or not an author is entitled to royalties if an original element is used would depend upon the contract signed between the author and CBS.
I think only TV/movie writers get royalties for the use of their characters or dialogue in new productions. I don't think tie-in writers would. My contracts only specify royalties for various editions of the book, not for other uses of the characters or concepts therein.
Though maybe it depends on the element. The only elements from prose that have really shown up onscreen have been things like the first names of pre-existing characters, a couple of Klingon terms from
The Final Reflection, Andorian weapons, customs, and environment from an RPG manual, stuff like that. I don't think there's ever been a case of a character or species created for a novel appearing in an onscreen production -- except for Janeway's father, whom Jeri Taylor created in
Mosaic and then put into "Coda." But in that case, the person who wrote the book also produced the show.
Well, specifically, CBS owns Star Trek as a franchise and Paramount Pictures owns the ST films, which they get to make under license from CBS. The same way Universal Studios owns the copyright on Serenity, which they made under license from 20th Century Fox, which retains ownership of Firefly.
In other words -- Paramount Pictures is to Pocket Books; a separate company that gets to make a new work of art adapted from the original copyrighted material that CBS owns. The difference is that CBS's deal lets Paramount retain ownership of the films and their original elements (but not of Star Trek itself), whereas its deal with Pocket does not let Pocket (or the novelists) retain any ownership whatsoever.
Oh, I get it. That makes sense.
And just the general fact that it could in theory happen, even though it never has apart from The Wounded Sky/"Where No One Has Gone Before."
And it's important to note that that was
not a case of the producers coming to Diane Duane and asking to adapt her book. It was a case of Michael Reaves developing an independent pitch, realizing it was similar to
The Wounded Sky, and asking Duane to collaborate with him on it, and then the two of them pitching and selling it to Paramount the same way any freelance TV writers would pitch and sell their ideas (and then seeing it rewritten virtually beyond recognition, which is often the fate of ideas sold to TV series).
So yeah, you could certainly take the premise of a novel you'd written and pitch it to CBS or Paramount or whoever, and if you were lucky maybe you could sell it to them as an episode (just as Dennis Bailey & David Bischoff sold TNG an episode based on their original novel
Tin Woodman). But anyone who thinks that the studio actively seeks out novels to adapt into episodes, or that we write the novels with the intent or expectation that they'll become episodes, is fundamentally misunderstanding the process.