Are Languages Created Past Times I Unmarried Adult Man Sapiens Protected Past Times Copyright?

You may think that Paramount Pictures as well as CBS Studios are suing Axanar Productions as well as its primary Alec Peters over the brusque motion painting Prelude to Axanar (see here as well as here). Plaintiff claims the motion painting is an unauthorized derivative work, as well as that it infringes their copyright inward Star Trek. Plaintiff filed an amended complaint final month, which details farther what they consider to endure infringement.

The electrical load alleges that ane of the infringing elements of Prelude to Axanar is the graphic symbol of Garth of Izar, the legendary Starfleet captain who won the battle of Axanar, as well as after became insane, equally shown inward ane of the master Star Trek episodes, Whom Gods Destroy. The Complaint besides alleges infringement inward the characters of Soral, a Vulcan ambassador, Starfleet captain Richard Robau, as well as historian John Gill.

Plaintiffs besides claim copyright infringement inward the Klingon race (a “warrior race”) as well as their appearance, as well as inward the Vulcans, which “are a humanoid race amongst pointy ears from the planet Vulcan that are responsible inward a large business office for the founding of the Federation” as well as their appearance. Plaintiffs besides claim copyright infringement inward the Andorians, the Tellarites, as well as the Romulans, the final a species from the planets Romulus as well as Remus.

Plaintiffs besides claim copyright inward the costumes worn past times the Enterprise crew, the Vulcan robes, the cowl cervix as well as Starfleet ascendency insignia, as well as triangular medals on uniform. If a courtroom would recognize such infringements, it would ready a precedent for fashion designers to claim copyright inward their ain works. However, this is highly unlikely, as well as claiming copyright inward a cowl neck, especially, takes gumption, to state the least.

Can an Invented Language endure Protected past times Copyright?

The listing of the claims goes on, as well as it is an interesting read. I would similar to concentrate inward this shipping service on the claim inward the Klingon Language, “Klingonese or Klingon, the native linguistic communication of Qo’noS” (p.31). Can an invented linguistic communication endure protected past times copyright?

I read online this interesting post past times Cory Doctorow virtually the issue, wich provides links to other interesting articles on the Klingon language. Cory Doctorow does non believe it tin endure protected past times copyright. I learned reading the shipping service as well as its linked articles that the Klingon linguistic communication was created past times linguist Marc Okrand, as well as is a combination of Hindi, Arabic, Yiddish, Turkish, as well as Mohawk. It has its ain dictionary.

There is no dubiety that a natural linguistic communication cannot endure protected past times copyright. Influenza A virus subtype H5N1 linguistic communication is a combination of signs, which stimulate got meanings, as well as the linguistic communication is organized using a syntax. Natural linguistic communication evolve over time, as well as are created past times fellow member of particular tribes of the human species, next an organic process. As such, natural languages tin endure described equally “procedure, process, system, method of operation, concept, principle, or discovery” which are non protected past times copyright (§ 102. ii of the Copyright Act).

But what virtually a linguistic communication which is “created”? Cory Doctorow argues that the Klingon linguistic communication “admittedly borrows phonemes from Hindi, Arabic, Tlingit, as well as Yiddish as well as grammer from Japanese, Turkish, as well as Mohawk” which makes claiming a copyright inward it dubious.

However, the Supreme Court explained inward 1879, inward its Trade-Marks case, that “[t]he writings which are to endure protected [by copyright] are the fruits of intellectual labor, embodied inward the cast of books, prints, engravings, as well as the like.” That does non hateful that mere “sweat of the brow” is plenty to claim protection of a compilation past times copyright, equally explained past times the Supreme Court inward Feist Publications, Inc. v. Rural Telephone Service Co. The Supreme Court ruled inward this example that a compilation of facts may endure protected past times copyright solely if such selection, coordination as well as organisation is master enough. However, a modicum of originally suffices.

Is the Klingon Language an Original Compilation of Facts?

Feist could endure cited past times Plaintiffs to scrap that the Klingon linguistic communication is protected past times copyright. Is the Klingon linguistic communication only an unoriginal combination of data? In that case, it would non endure protected past times copyright nether Feist. But the Klingon linguistic communication is original, as well as master move is protectable past times copyright. The Supreme Court defined originality inward Feist equally important “that the move was independently created past times the writer (as opposed to copied from other works), as well as that it possesses at to the lowest degree to a greater extent than or less minimal marking of creativity” (at 345). It tin easily endure argued that this is the example amongst the Klingon language.

Even if ane argues that the Klingon linguistic communication is only a combination of natural languages, it tin even as well as hence endure protected past times copyright nether Feist, equally the Supreme Court explained inward this example that factual compilation may endure protected past times copyright:

“Factual compilations… may possess the requisite originality. The compilation writer typically chooses which facts to include, inward what social club to house them, as well as how to conform the collected information as well as hence that they may endure used effectively past times readers. These choices equally to selection as well as arrangement, as well as hence long equally they are made independently past times the compiler as well as entail a minimal marking of creativity, are sufficiently master that Congress may protect such compilations through the copyright laws” (Feist at 348).

In our case, it could endure argued that Marc Okrand compiled facts, the natural languages, as well as decided inward which social club to house them, as well as how to conform them. This move sure enough entailed a minimal marking of creativity. I would state that the Klingon linguistic communication may endure protected past times copyright.

Klingon is Not the Only Original Language Ever Created

The number of whether a linguistic communication which has been created is protected is topical: the telly serial “Game of Thrones” features its ain language, the Valyrian, which was created past times David Peterson as well as has fifty-fifty a high as well as a depression aeroplane of linguistic communication (hear them here). David Peterson wrote a mass named “The Art of Language Invention” (he speaks virtually it here) as well as has created several other languages for the motion painting industry.

Mark Okrand himself has been asked if the Klingon linguistic communication is protected past times copyright as well as he answered that he does non ain the copyright, equally he created it equally a move for hire, but that he is non sure if Paramount owns it either. And you, what practise y'all think?

Picture of the Klingon Dictionary courtesy of Flickr user geraldford nether a CC BY-SA 2.0 license.

Picture of Sign courtesy of Flickr user Aaron Gustafson nether a CC BY-SA 2.0 license.