While you can copyright scripts, novels, song lyrics, and many other ways of using the English language, you can’t actually copyright the English language. But what about a language that you construct out of whole cloth? Once you share it with the world, are people free to use that new language however they wish, or do you maintain control over its use? 
 
 This is one of the questions at the heart of an ongoing legal battle between the creators of a Kickstarter-funded Star Trek fan film and Paramount Pictures, which says the project violates various Trek-related copyrights, including the studio’s copyright claim to the Klingon language. 
 
 In Paramount’s original complaint [PDF] against the filmmakers, the studio listed a number of exclusive rights it contends it holds with regard to the Star Trek universe — “characters, themes, plots, dialogue, settings, sequences, situations, and incidents therein, and also the props, character makeup, costumes, sets, fictional language, events, and fictional history.” 
 
 Klingon, as you’re likely aware, is a fictional language originally created for use in the Star Trek films and TV shows, but which is now also spoken by fans around the world, both in and outside of the context of Star Trek. 
 
 Nowhere in its 1,288 compendium does the U.S. Copyright Office specifically deal with the copyrightability of constructed or fictional languages, let alone Klingon, but in filing their motion to dismiss the complaint [PDF], the filmmakers argue that, among other things, Paramount can not hold the copyright to Klingon. 
 
 “The Klingon language itself is an idea or a system, and is not copyrightable,” reads that filing. “As the Supreme Court held in the context of a system of bookkeeping, although copyright protects the author’s expression of the system, it does not prevent others from using the system.” 
 
 This week, Paramount fired back, arguing in its response [PDF] that the filmmakers’ claim is this argument is “absurd, since a language is only useful if it can be used to communicate with people, and there are no Klingons with whom to communicate.” 
 
 The studio says that the filmmakers’ use of the Klingon language in their movie, which has raised hundreds of thousands of dollars from supporters, is “simply further evidence of their infringement of Plaintiffs’ characters, since speaking this fictitious language is an aspect of their characters.” 
 
 So who is in the right on this one? As we noted above, the U.S. Copyright Office hasn’t specifically addressed the issue, and there doesn’t seem to be much in the way of case law with regard to the exact topic of copyrighting a fictional language. 
 
 However, in 2014, the Harvard Journal of Law & Technology published a note [PDF] — originally written for a class by Harvard Law grad Michael Adelman — attempting to answer this very question. 
 
 Adelman acknowledges that authors may be tempted to assert a copyright claim over the use of a fictional or constructed language “to prolong her control of the language’s dissemination and development,” but concludes that this sort of copyright claim is “both misguided and likely to fail.” 
 
 In fact, Adelman’s note specifically cites the ways in which Paramount has previously established its authority over the use of Klingon. 
 
 While linguist Marc Okrand is the creator of the Klingon language and author of subsequent official dictionaries and books about the language, Paramount remains the copyright holder on those titles. Paramount is also the copyright holder of a Klingon translation of Shakespeare’s Hamlet produced by volunteers from the Klingon Language Institute. 
 
 For his various writings about Middle Earth, J.R.R. Tolkein created the Elvish language, which like Klingon, has gone on to have a life of its own beyond these works of fiction. Adelman notes that while the Tolkein estate contends that it controls the copyright for this language, it has not yet filed lawsuits specifically claiming copyright violations. However, he notes that the estate did threaten legal action against a writer who tried to publish an analysis of currently unpublished Tolkein works written in an Elvish language. 
 
 “[U]ltimately, most scholars of Tolkien’s languages are making the calculated gamble that since they are publishing obscure texts to limited audiences for no money, the Tolkien Estate will not actually haul them into court,” writes Adelman. 
 
 THE ARGUMENT AGAINST COPYRIGHTING A LANGUAGE 
 
 To those who believe that languages — whether created by one person or the result of centuries of human interaction — can’t be copyrighted liken this idea to trying to claim copyright of a musical scale. The Copyright Office has explicitly barred scales from eligibility, because these notes are simply generative elements upon which a copyrightable work could be constructed. 
 
 For example, the first movement of György Ligeti’s Musica ricercata may be primarily made up of only two notes — A and D — it is the arrangement and expression of these two notes that is copyrightable, not the notes themselves. 
 
 “It is the infinitely generative capacity of a language, the ability to communicate new thoughts and ideas, that makes a set of sounds and grammatical rules into a language,” writes Adelman, acknowledges that the actual Star Trek products and the Klingon dialogue they use are deserving of copyright, “the language itself is too generative to be held within a single copyright.” 
 
 Additionally, while authors may have a direct interest in attempting to protect the integrity of the language they created, that doesn’t necessarily mean they have the legal right to stop others from using it. 
 
 “No one would dispute that J.R.R. Tolkien’s integrity right in The Lord of the Rings would be infringed if someone released a version identical to the original except with all references to ‘Mordor’ replaced by ‘Candyland’,” notes Adelman, adding that “Tolkien cannot hold a right to all compositions in [the Elvish language of] Quenya any more than Noah Webster of Webster’s Dictionary can hold a right to all compositions in English.” 
 
 WHAT ABOUT FAIR USE? 
 
 As we recently reported, many schools are now teaching proscriptive lessons on copyright: Don’t do this, don’t do that… or you’ll get sued. What’s not being taught in these cases is the Fair Use doctrine, which lays out guidelines for when it’s okay to take something you didn’t create and use it in your own work. 
 
 The doctrine grants exceptions to copyright when works are used for the purpose of criticism, comment, news reporting, and education. And Adelman contends that — even if you could successfully argue that a fictional language is copyrightable — “fair use would protect most of the activities” of people who are accused of violating that copyright. 
 
 But again, the problem faced here by people looking to use a constructed language would likely be cost. How much can one afford to spend on arguing the fair use of Klingon or Elvish when the financial rewards of being able to do so are likely minimal. Thus, few pursue this argument through the legal system. 
 
 The debate over the copyright for Klingon is just one, small aspect of the current lawsuit filed by Paramount, so it’s possible that the court could make a decision in this case without giving full consideration to the language debate. 
 
 Of course, if the copyrightable nature of the Batmobile can get inches away from being heard by the Supreme Court, it’s possible that someone willing to put in the time, money, and effort could ultimately get the court system to settle the issue of whether or not we need an author’s permission to use their made-up language. 
 
 [via TorrentFreak.com] ||||| THANK YOU ALL! We are fully funded the way we need to be to execute Prelude to Axanar and you have given us enough money to start working on the feature film Axanar as well! 
 
 Prelude to Axanar is a short film that will give viewers a historical look at the events leading up to the Battle of Axanar, the central event of the film Axanar, to be filmed later this year. Shot like a History Channel special, Prelude to Axanar will be Star Trek like you have never seen it before, showing the central characters of Axanar giving both a historical and personal account of the war. How did Starfleet build its fleet? How did they hold off a Klingon fleet that had been conquering star systems for centuries? What role did the various founding planets play in Starfleet? Why were the Constitution class ships so important to Starfleet? How did Garth of Izar come to be regarded as the greatest Starfleet Captain of his time? 
 
 
 
 This Kickstarter is for Prelude to Axanar, which we will film at the beginning of May. The Kickstarter for Prelude will pay for the actors, the make-up, visual effects and actual filming costs. The resulting film will be about 20 minutes and also produce about half a dozen vignettes of the characters talking about different subjects. 
 
 
 
 Prelude to Axanar will then allow us to launch into Axanar having proven our ability to deliver professional quality Star Trek. There will be a subsequent Kickstarter for the feature-length "Axanar". 
 
 The Axanar team is determined to make the first true independent Star Trek film. 
 
 THE STARS OF PRELUDE TO AXANAR 
 
 Prelude to Axanar features some well known actors portraying both new and familiar characters in the Star Trek universe. 
 
 Richard Hatch as Kharn, the Klingon Supreme Commander 
 
 Michael Hogan As Captain Robert April 
 
 JG Hertzler as Captain Samuel Travis 
 
 Gary Graham as Soval, Vulcan Ambassador to the Federation 
 
 THE VISUAL EFFECTS OF AXANAR 
 
 Prelude to Axanar has the amazing talents of Tobias Richter, one of the top Visual Effects artists in the world. What you have seen in our videos is all Tobias and his crew. 
 
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 PERKS 
 
 We want to give you great perks for your donations. And so we reviewed what other projects have done and did better. We hope you will enjoy the perks we offer. And please stay tuned for special offers we will be unveiling during the 30 days of this Kickstarter. 
 
 USS Ares patch. Part of the $ 25 level. 
 
 You get a limited edition Soundtrack CD featuring the music of composer Alex Bornstein at the $ 35 level 
 
 Prelude to Axanar DVD / Blu-Ray 
 
 USS Ares T-Shirt (Back) 
 
 USS Ares T-Shirt (Front) 
 
 STRETCH GOALS 
 
 Prelude to Axanar has been hit almost all of our stretch goals! 
 
 $ 15,000 Stretch Goal - UNLOCKED Everyone who donates at least $ 10 gets an Ares Class Development Project Uniform Patch. 
 
 $ 20,000 Stretch Goal - UNLOCKED Everyone who donates gets an exclusive Juan Ortiz "Axanar" digital movie poster. Those who donated $ 75 or more will get a printed 11" x 17" version to go with their original Juan Ortiz poster perk. 
 
 $ 40,000 Stretch Goal - UNLOCKED Everyone who has donated $ 10 or more will receive the Federation Historical Society Vinyl sticker. 
 
 $ 50,000 Stretch Goal - UNLOCKED Everyone who has donated $ 10 or more will receive the "First to the Fight" Starfleet fleet patch. 
 
 (Please note, for those donating at $ 20 or less, there is a small shipping fee since otherwise we are not shipping anything to you as everything is digital. All other levels we will just put these stretch goal perks in what we are already shipping you!) 
 
 Ares Class Development Patch 
 
 Please note that for all levels below $ 25, there will be a small shipping charge for all stretch goal perks. 
 
 WHERE THE MONEY GOES 
 
 First, understand that generally, you get about 70% of the total money raised. 10% goes to Kickstarter and Amazon payment processing fees. Another 10% we have budgeted for Perks (the gifts you earn at different donation levels). And there is generally a 10% drop out rate (which we hope is way less!). So basically we get 70% to spend on Prelude to Axanar. 
 
 The budget for Prelude to Axanar was about $ 20,000. But thanks to all your donations, we have doubled that to $ 40,000, allowing us to do everything better and more professionally. We set the Kickstarter bar low at $ 10,000 as we really didn't know what kind of response we would get. We could have gotten Prelude done for $ 10,000, but it would have meant deferring payment to our VFX team and others, who graciously offered to work and take payment after the main Kickstarter if needed. So now we don't have to do that, or cut any corners. So the first $ 40,000 goes to Prelude. So to get that $ 40,000, we need to raise about $ 57,000 (remember we only get 70%), which we have done. 
 
 What does that pay for? Well, first we need about $ 10,000 for make up. That is because we need to get all the initial design, sculpting and production of Richard Hatch's Klingon hair and make-up and Gary Graham's hair and make-up done up front. The good news is that money doesn't then need to be spent in Axanar. We have Make Up Effects Lab, the guys who actually worked on Star Trek since the beginning of TNG working with us, so you know we are getting the best. 
 
 We also need about $ 10,000 to pay the actors and their expenses (Michael Hogan and JG Hertzler do not live in LA). When you get such amazing actors as we have gotten, you have to pay them because this is how they make a living. And we want them very invested in our project and to go above and beyond. For example, Richard Hatch (who is also my acting coach) has opened up his Tuesday acting class to our production to do rehearsals and scene work in class. That is an amazing opportunity. Gary Graham said he was going to come by to work with the other actors in the class. So if you want these professionals to be invested in your production, you need to invest in them. We have expanded our cast thanks to this Kickstarter. 
 
 Then, there is the Visual Effects. That is $7,500 right now. That leaves $12,500 for the shoot itself. All those numbers are pretty accurate, but you never know what pops up. So it is nice to have a cushion. 
 
 So again, to get that $ 40,000, we need to raise about $ 57,000. And thank you all for helping us reach that! 
 
 Limited Edition Starfleet Procurement Patch available ONLY to donors! 
 
 So what about what we raise above that? Well, first it will be nice to have a cushion in case we experience any cost overruns. But mostly, anything above the $ 57,000 or so will go into our Axanar infrastructure. So here is where that money goes: 
 
 Infrastructure - We are spending $ 10,000 to fund the infrastructure of Axanar Productions. This means the legal paperwork needed to create our production company and the rather expensive insurance to cover all our productions over the coming year. It allows us to set up production offices (We have gotten the space for free in some amazing offices here in Los Angeles) and start to produce Axanar. 
 
 Starfleet Tunics - $ 10,000 allows us to fund the Starfleet costumes for Axanar. We have retained the services of the company that produces the TOS tunic replicas for Anovos, so you know these tunics will be top quality. With a large cast, and needing to custom manufacture top quality costumes in quantity, we need to do it right. Making the Starfleet tunics will actually take 90 days from beginning to end. 
 
 VFX - $ 10,000 goes to start paying Tobias Richter and his team for the work they are doing on Axanar. Tobias has already started putting out some amazing work and has spent days and days honing the look of the 3D ship models. 
 
 USS Ares 
 
 So there you go! That is where your money is going. Rest assured that whatever money we raise will go towards bringing you the Star Trek you all want to see. We take our responsibility to you seriously and appreciate that you have invested with us! 
 
 We take PayPal! All donation levels can be acquired by sending the appropriate amount to donate@startrekaxanar.com. You will get a confirmation email from us and we will enter you in Backerkit, our back end solution. 
 
 Please make sure you check back for regular updates, which will also be posted to our Facebook page and website: 
 
 Star Trek: Axanar website 
 
 Star Trek: Axanar Facebook page 
 
 Star Trek: Axanar Twitter 
 
 Star Trek: Axanar You Tube Channel 
 
 © 2014 Axanar Productions. STAR TREK and all related marks, logos and characters are owned by CBS Studios Inc. This website, the promotion thereof and/or any exhibition of material created by the operators of this website are not endorsed or sponsored by or affiliated with CBS/Paramount Pictures or the STAR TREK franchise. ||||| Paramount wants to kill a fan-film by claiming copyright on the Klingon language 
 
 The crowdfunded, critically successful fan-film Prelude to Axanar has been in Paramount's cross-hairs since late last year, when the studio filed suit against the film's producers. 
 
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 In a fresh round of briefs, Paramount has expanded on the rationale for their copyright claims, including their claim to Klingon (which they erroneously claim has no speakers). 
 
 Ever since linguist Marc Okrand formalized his work on the Klingon language as a consultant on Star Trek films and published The Klingon Dictionary, the legal status of the synthetic language has been the subject of controversy. 
 
 From the earliest days, Paramount asserted a copyright over Klingon, despite the dubiousness of claiming copyright over a language, especially one that admittedly borrows phonemes from Hindi, Arabic, Tlingit, and Yiddish and grammar from Japanese, Turkish, and Mohawk. More problematically, what does it mean for a corporation to assert ownership of a language that has at least one native speaker (who may or may not have rated this amazing crib) and many more who speak it daily as a second conversational language, hosting learned workshops on their chosen language. 
 
 Paramount also asserts a copyright in the designs of Klingon ships and "spacedocks," citing a controversial 2015 ruling that held that the Batmobile was a "character" and subject to copyright restrictions. 
 
 However, Paramount and CBS disagree (bIlughbe’*). In their reply the rightsholders call the argument absurd and among other things, they point out that the language system is not very useful if there are no real Klingons to communicate with. “This argument is absurd, since a language is only useful if it can be used to communicate with people, and there are no Klingons with whom to communicate,” they write (full filing: pdf). “Defendants’ use of the Klingon language in their works is simply further evidence of their infringement of Plaintiffs’ characters, since speaking this fictitious language is an aspect of their characters.” 
 
 PARAMOUNT: WE OWN THE KLINGON LANGUAGE [Ernesto/Torrentfreak] 
 
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– Live long and copyright many things. Thus Paramount Pictures hopes to prosper as it wages a legal battle with the makers of popular Kickstarter crowdfunded Star Trek fan film Prelude to Axanar. Paramount claims the film's use of the fictional language Klingon adds up to copyright infringement; the filmmakers contend that attempting to copyright Klingon is absurd given the language is an "idea or a system." For legal precedent, they cite the system of bookkeeping: "Although copyright protects the author’s expression of the system, it does not prevent others from using the system." But there's doesn't appear to be a quick and easy answer. The US Copyright Office doesn't specifically "deal with the copyrightability of constructed or fictional languages, let alone Klingon," observes Consumerist, which was unable to dig up much in the way of case law on the matter. Paramount, which claims exclusive ownership over many Star Trek features, including characters, themes, plots, dialogue, settings, props, character makeup, costumes, sets, fictional language, and so forth, has responded to the filmmakers' plea by noting that "a language is only useful if it can be used to communicate with people, and there are no Klingons with whom to communicate," reports TorrentFreak. By allowing the characters in Prelude to speak Klingon, they assert, the film is infringing on Paramount's characters because speaking the language "is an aspect of their characters." The jury's still out, but Boing Boing goes so far as to call this Paramount's attempt to "kill" the film, and it frames Paramount's claims as "dubious," in part because it borrows phonemes (from Hindi, Arabic, etc.) as well as grammar (from Japanese, Turkish, etc.)—not to mention it's spoken by many fans around the world. (Here's one wild use of Klingon in the real world.)