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echo: startrek
to: JAY P. HAILEY
from: MICHAEL MAREK
date: 1997-07-07 20:12:00
subject: Trek Trademarks

 JPH>  Paramount is getting pretty serious about protecting their property
 JPH>  rights to the trek franchise.  They are taking every possible measure
 JPH>  to protect themselves against unauthorized use.
Not just Paramount.  FOX is doing the same thing to X-Files WWW sites,
etc.
 JPH>  We do *not* have to get permission to use these names in *ordinary
 JPH>  conversations*.  Between you and me we have first amendment rights to
 JPH>  talk about anything we see in public place.  But that's just a private
 JPH>  conversation.
This is correct.  Any use which is in private conversation, or is in the
form of a review is legal.
 JPH>  I run a Trek fanzine. I may in fact be breaking the law by publishing
 JPH>  stories set in the Star Trek universe.  My partner in the endeavor 
ays
 JPH>  that the place where that breaks is if we are attempting to harm
 JPH>  Paramounts business or profits by the doing.
 JPH>  Emphatically we are not.  We are not doing this for profit at all.
Legally, there is no difference whether you profit from your venture or
not.  It is illegal to write fiction using Paramounts characters.  As a
practical matter, however, if you are not making a profit, Paramount
may not consider it worth while to prosecute you.
On the other hand, Paramount has a big contract with The Microsoft
Network for WWW sites dealing with Star Trek.  If people can get similar
sound and graphics from free, non-MSN sites, Paramount loses money.
This is why they have been assaulting fan-created WWW sites.
As long as you do not use copyrighted sound and images, pretty much
anything that is non-fiction is allowed.  All Star Trek fiction is
illegal, unless specifically permitted by Paramount.
--- GEcho 1.00
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* Origin: >>>>>> (1:205/1701.6)

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