Paramount is backtracking on its claim of copyright over the Klingon language.
Conlangs, like Klingon, cannot be copyrighted under US law.
Deep dives
Paramount vs. Axanar: Copyright Battle Over Klingon Language
In the podcast episode, the host discusses the ongoing copyright battle between Paramount and Axanar Productions. Paramount, the owner of Star Trek, sued Axanar Productions, a fan film project that raised money on Kickstarter. The Language Creation Society (LCS) is particularly interested in a small piece of the case where Paramount appears to claim copyright on the Klingon language. The LCS filed an amicus brief to inform the court that conlangs, like Klingon, cannot be copyrighted under US law. While the motion to file the amicus brief was denied, it seems that Paramount is now backtracking on its claim of copyright over Klingon. The LCS believes that if the case goes to trial, it may not set any precedent on copyright of conlangs, which is considered a positive outcome for the society.
Conlangers' Position on Copyright and Conlangs
The host expresses the position shared by the Language Creation Society and many in the conlanging community regarding copyright of conlangs. They argue that while descriptions of conlangs, such as dictionaries or grammar descriptions, can be copyrighted, the actual language itself cannot. The host believes that not being able to copyright conlangs is the right approach, as it would be too restrictive. They emphasize that the beauty of a conlang is the freedom for anyone to learn and use it without needing a license. Despite the limitations of US intellectual property laws, the host is glad that the LCS had the opportunity to advocate for this position in the court case.
George gives a quick update on the Paramount v Axanar case and the LCS’s part in it. This was previously discussed in episode 119. For more information, please see the Language Creation Society’s Axanar information page.
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