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jonathan_zavin [2016/04/13 22:56] Carlos Pedraza adds 'Joy of Trek' lawsuit |
jonathan_zavin [2009/05/26 00:24] (current) |
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| Like the [[lawsuit|Axanar suit]], this 1998 case involved a fan accusing Paramount of trying to prohibit him from using the Star Trek copyright after turning a blind eye to its use for years by many others. Representing Paramount, Zavin asked a judge to stop sales of the book by fan Samuel Ramer, and asked for $22 million in damages for all 220 television episodes mentioned in the book.(([[http://www.nytimes.com/1998/05/02/nyregion/studio-sues-over-a-star-trek-book.html|"Studio Sues Over a 'Star Trek' Book," New York Times]], by Lynette Holloway, 5/2/98.)) | Like the [[lawsuit|Axanar suit]], this 1998 case involved a fan accusing Paramount of trying to prohibit him from using the Star Trek copyright after turning a blind eye to its use for years by many others. Representing Paramount, Zavin asked a judge to stop sales of the book by fan Samuel Ramer, and asked for $22 million in damages for all 220 television episodes mentioned in the book.(([[http://www.nytimes.com/1998/05/02/nyregion/studio-sues-over-a-star-trek-book.html|"Studio Sues Over a 'Star Trek' Book," New York Times]], by Lynette Holloway, 5/2/98.)) | ||
| - | [{{ ::joy-of-trek.jpg?nolink&200|**NO JOY** for this book whose publication was halted by Jonathan Zavin in a 1998 copyright case with similarities to Axanar.}}] | + | [{{ ::joy-of-trek.jpg?nolink&200|**NO JOY** for this book whose publication was halted by Jonathan Zavin in a [[https://scholar.google.com/scholar_case?case=16356117916964453773&hl=en&as_sdt=2006|1998 copyright case]] with similarities to Axanar.}}] |
| The judge in that case issued Zavin's requested injunction, finding the publisher failed on all four factors weighed to determine [[copyright_infringement#defense|fair use]], and rejected its claim that Paramount had relinquished its copyright by not prosecuting other unauthorized books. | The judge in that case issued Zavin's requested injunction, finding the publisher failed on all four factors weighed to determine [[copyright_infringement#defense|fair use]], and rejected its claim that Paramount had relinquished its copyright by not prosecuting other unauthorized books. | ||
| > While the book cannot serve as a market substitute for the richly entertaining television shows and movies, <wrap hi>it can interfere with Paramount's market for derivative works.</wrap> … Defendants claim that their book differs from any work presently licensed by Paramount. This makes no difference. … Defendants also argue that Plaintiff's lack of legal action against other allegedly infringing indicates that "The Joy of Trek" will not damage a potential market. This argument is without merit. … <wrap hi>The lack of earlier litigation against other similar works is simply irrelevant.</wrap> A self-avowed substitute for other Paramount licensed products adversely impacts the market for derivative works.(([[https://scholar.google.com/scholar_case?case=16356117916964453773&hl=en&as_sdt=2006|Paramount Pictures Corp. v. Carol Publishing Group, et al., Order re: Plaintiffs's Motion for Preliminary Injunction]], 6/1/98.)) <wrap lo>[emphasis added]</wrap> | > While the book cannot serve as a market substitute for the richly entertaining television shows and movies, <wrap hi>it can interfere with Paramount's market for derivative works.</wrap> … Defendants claim that their book differs from any work presently licensed by Paramount. This makes no difference. … Defendants also argue that Plaintiff's lack of legal action against other allegedly infringing indicates that "The Joy of Trek" will not damage a potential market. This argument is without merit. … <wrap hi>The lack of earlier litigation against other similar works is simply irrelevant.</wrap> A self-avowed substitute for other Paramount licensed products adversely impacts the market for derivative works.(([[https://scholar.google.com/scholar_case?case=16356117916964453773&hl=en&as_sdt=2006|Paramount Pictures Corp. v. Carol Publishing Group, et al., Order re: Plaintiffs's Motion for Preliminary Injunction]], 6/1/98.)) <wrap lo>[emphasis added]</wrap> | ||
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| ===== Biography ===== | ===== Biography ===== | ||