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— | klingon_language_copyright [2017/01/08 20:55] – adds LCS statement in response Carlos Pedraza | ||
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+ | {{:: | ||
+ | ====== Judge Avoids Klingon Language Copyright Issue ====== | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
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+ | Despite a clever, headline-grabbing effort by the Language Creation Society to draw attention to the copyright ability of constructed languages like Klingon, a federal judge turned aside an effort to attach the issue to the Axanar copyright infringement case. | ||
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+ | ===== Moot Issue ===== | ||
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+ | In an order issued January 5, 2017, federal [[judge_r._gary_klausner|Judge R. Gary Klausner]] said the issue of whether Klingon, or any other language, is entitled to copyright protection was rendered moot by his order earlier that week denying Axanar a fair use defense for copyright infringement: | ||
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+ | > [The] Language Creation Society … argues, in support of Defendants’ position in the cross motions for [[summary judgment]], that the Klingon language should not be entitled to copyright protection. … The Court did not reach the issue of whether a language, and specifically the Klingon language, is copyrightable in the order. | ||
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+ | [{{ :: | ||
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+ | ===== Copyrighting a Language ===== | ||
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+ | In April 2016, Language Creation Society filed an amicus brief, partly written in Klingon, opposing [[paramount_pictures|Paramount]]’s claim of owning the copyright for the Klingon language, developed for the studio by linguist Marc Okrand for the film, //Star III: The Search for Spock//. | ||
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+ | ==== Language Creation Society ==== | ||
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+ | The mission of the [[http:// | ||
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+ | > Allowing copyright claims to a language would create a monopoly on use extending far beyond what is needed to protect the original work or to claim credit for the language’s creation. The potential threat of a lawsuit for merely using a conlang [constructed language], or creating new works to make it more accessible, has a chilling effect.(([[http:// | ||
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+ | [{{ :: | ||
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+ | === Not Affiliated with Axanar === | ||
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+ | While the LCS filed a brief alongside the defendants, the society emphasized it was taking no sides in the larger copyright dispute between CBS, Paramount and Axanar. | ||
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+ | === Substantial Similarity === | ||
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+ | The issue of whether a language can be copyrighted was first dealt with by Klausner in his May 9, 2016, order rejected Axanar' | ||
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+ | Klausner ruled the language issue was beside the point; Paramount' | ||
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+ | The same reasoning appeared to be behind Klausner' | ||
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+ | === Disputing Copyright Claim === | ||
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+ | In its reply to the judge' | ||
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+ | > Paramount went beyond mere similarity by claiming copyright over the Klingon language. In doing so, they went too far, and claimed something that didn’t — couldn’t — belong to them: an entire language.(([[http:// | ||
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+ | While acknowledging the judge' | ||
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+ | === Paramount ' | ||
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+ | The statement went on to characterize the studios' | ||
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+ | > The Court seemed persuaded by our position, writing that the Klingon language “may not be individually original and copyright protectable”. In its recent response to Axanar’s motion that the jury not be told about Klingon, [[https:// | ||
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+ | ---- | ||
+ | **Keywords** {{tag> |