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Archive for 'Intellectual Property'

Star Trek: The Net Generation

I just noticed a New York Times article (free registration required) on Star Trek fans creating their own digital video versions of the show. I initially thought the article was going to describe one-off, You-tube-style fan projects, but many of the projects cited are major (if volunteer) ongoing productions. One (Star Trek: Hidden Frontiers) is now into its seventh season. Another (New Voyages) has attracted sufficient download traffic to tempt Walter Koenig and George Takei into its productions, and has also received scripts from writers who contributed to previous Star Trek series. Any old trekkies out there looking for a break from grading might enjoy some of the following sites:

Star Trek: New Voyages - This series starts from the point when the original series was cancelled, casting new actors in the roles of the Enterprise crew. It focusses on authenticity of props, sets and costumes, and has attracted support from some writers and actors associated with the series. Several episodes are currently available for download.

Star Trek: Hidden Frontier - Now in its seventh (and apparently final) season, this series involves the adventures of a new crew in what I gather is a post-DS9 time frame. The series is a publicly-available spinoff from an earlier production called the Voyages of the USS Angeles, which was produced for cast and crew only, and is therefore not (officially, at least - I haven’t personally looked) available on the net.

Star Trek: Intrepid - This Scottish production has released some trailers, outtakes and stills, and has apparently moved into the editing stage. It follows a Federation starship sent to protect a distant and isolated colony.

Starship Exeter - Set in the timeframe of the original series, this production follows the adventures of a different Starfleet crew. This project hopes to convince Paramount that a new series, set in the context of the original, would be a viable commercial project. A couple of titles are currently available for download.

Starship Farragut - Another series set in the timeline of the original, and following a different starship and crew. Trailer and teasers are available for download, with the pilot and first episode scheduled for release in following months.

Trekkie nostalgia aside, I find these productions interesting for the delicate balance required to sustain them, while trying not to antagonise the copyright holder.

The Star Trek: Hidden Frontier site Copyright FAQ highlights this tension:

Hidden Frontier has taken great care to assert that we are in no way attempting to infringe upon Paramount’s copyright and trademark rights with respect to Star Trek. Hidden Frontier makes no money, solicits no funding, and makes no Paramount-produced copyrighted material publicly available in high-resolution or -quality formats that would impinge on Paramount’s ability to continue to make money from their trademark and ownership of Star Trek.

So far, Paramount has generously elected not to take any action to ask us to cease and desist our efforts, though we acknowledge they have the right to do so at any time. We have attempted to remain true to Star Trek’s spirit, and we hope our efforts help to maintain Star Trek’s fan base and commercial viability for Paramount Pictures in the future.

The Starship: Farragut site contains a similar disclosure:

Starship Farragut has taken great care to assert that they are in no way attempting to infringe upon CBS Studios Inc. copyright and trademark rights with respect to Star Trek. Starship Farragut is free for you to download and distribute for private, non-commercial viewing. However be aware that Starship Farragut is fully protected by Federal and State Copyright Law. Unauthorized tampering, altering, or creating of derivative works from the show, or any images or audio contained therein is strictly prohibited and subject to civil and criminal penalties under the law. DO NOT make copies and sell them. If the producers, cast and crew can’t make money from the show, neither should you! IF YOU FIND ANY OF STARSHIP FARRAGUT EPIOSDES FOR SALE or RENT ANYWHERE, WHAT YOU HAVE FOUND IS AN ILLEGAL COPY! Star Trek®, Star Trek: The Next Generation®, Star Trek: Deep Space Nine®, Star Trek: Voyager®, Star Trek Enterprise® and all associated marks and characters are registered trademarks of CBS Studios Inc. All rights reserved. The use of anything related to “Star Trek” on any of these web sites is not meant to be an infringement on CBS Studios Inc. property rights to “Star Trek.”

While it’s good that these productions - which are clearly labour-of-love efforts from devoted admirers of the commercial series - have been allowed to proceed, I’ll take the passing opportunity to say that I find it generally unfortunate that fan fiction and other non-commercial creative products have to tread such a careful line. The right to improvise around works that have inspired us, with a clear acknowledgement of the extent of our intellectual and artistic debt, seems like a right worth interpreting expansively…

I also can’t help thinking of the contrast between the potentials obviously embodied in the technologies - some of the special effects have been executed remarkably well, and the ability to film these productions on donated time and funds speaks as much to the lowering cost of amateur film production, as it does to the devotion of the fans - and the social/legal restrictions on these potentials. Regular readers will know I’m not a fan of the faith that technology drives social change - of the conviction that a tension between potentials embodied in technology, and social restrictions on the use of technology, will always and inevitably be resolved in favour of technological potential. This doesn’t prevent me, though, from being fascinated by the contrast between what we can do (technically), and what we (collectively) allow ourselves to do.

Blogging and Academic Trade Secrets

When I mention the blog to faculty at my university who are unfamiliar with the medium, the most common assumption is that it must be something like a chat room. It therefore usually takes a while to get people to take an initial look. Once they have taken a look, the most common reaction then becomes: aren’t you afraid that someone will plagiarise your work?

I don’t think I’m particularly naive on this issue, but I find the question very odd. I suppose there might be the standard collection of desperate students who plagiarise blog entries - the same ones who would plagiarise Wikipedia and other online resources. I understand that this is a concern for their teachers (although, at least with online content, teaching staff can catch it with a Google search), but not really why it’s a worry for me on a personal level.

I therefore assume the question must be: aren’t you afraid that another scholar will plagiarise your work, and publish it as their own?

In some kinds of work, I could certainly see that there might be a very strong concern: if I were part of a team, for example, competing with other teams to complete a particular scientific investigation, blogging my preliminary results might seem a bit unwise… But I blog here primarily about social theory and, occasionally, about Melbourne planning. Neither topic involves the kind of rush to competitive discovery that should yield lurkers poised to steal, say, our photos of steel kangaroos so that they can use the tip to rush off and duplicate such photos themselves…

I generally respond that publishing on the blog, which has an explicitly-stated policy outlining the conditions for use of materials posted here, actually establishes a verifiable date of publication for specific works - a date that could then be used if someone were to take some of the content and, say, publish it under their own name in a dissertation or, riskier still, a peer-reviewed publication. The protection I receive from publishing here is considerably greater, for example, than the protection I receive when I deliver annual talks as required by the research grant - and yet no one seems nervous that someone might seize on an otherwise unpublished paper from one of those discussions, and put it to nefarious uses. I realise the potential audience is smaller - but so is the ability to establish firmly what I said, and exactly when I said it…

My response never seems to reassure people who are nervous about the issue - and, as I said, perhaps I am just being naive on the issue… I realise that there is certainly the potential for someone to borrow a concept from the blog - something difficult to trace, because it isn’t tied to a particular mode of expression - and begin promoting themselves as the originator of some critical association, when academic etiquette would ordinarily require that they ackowledge the source of their ideas. Then again, this happens to concepts originally released to the world in quite respectable publications, as well - I’m not sure that blogging makes it more likely (and, again, the online nature of the content may make it easier to catch, if it does…).

More broadly, once we move into the territory of acknowledgements for basic concepts, I become a bit uncomfortable, for reasons that have nothing to do with blogging.

Some years back (and not at my present university), I watched from the sidelines as a dispute erupted between some students and a faculty member from whom these students had taken several classes. The students had jointly written a paper that was accepted for publication by a major journal. Happy with this publication success, they had forwarded a copy of their piece with compliments to the faculty member, who was referenced in the piece and whose influence on their work they readily acknowledged.

The faculty member, as it happened, was horrified to see concepts that had been discussed in class, but not in any written publications, mobilised within the students’ analysis. The students had applied these concepts (which, I have to admit, I thought could potentially have been derived from many sources even if, in practice, they had derived from a specific university course) to a subject matter unrelated to the faculty member’s research interests, had drawn their own original conclusions, and had, of course, conducted their own original research.

An ugly conflict ensued, with the faculty member notifying the journal that the work contained plagiarised content. The students were shocked, and then angry. The conflict was eventually resolved, but with relationships damaged on all sides. Other faculty, watching like I was from the sidelines, were dismayed that an instructor would so claim to “own” concepts discussed in the classroom, and felt that part of the point of placing one’s work in the public sphere - whether through publication or through teaching - was to release concepts and ideas so that others could innovate around and through them…

I suppose I view the conceptual elements of the blog in a similar way: if someone owes a deep and specific debt to a particular theoretical or empirical exposition, by all means they should acknowledge that debt. If someone owes a small and superficial debt, it’s certainly polite to ackowledge this in some way, as well. But if a concept resonates so strongly that it becomes integral to someone’s own conceptual framework, chances are this owes as much to the time and to the context, as it does to the source where someone contingently encountered a concept for the first time. There are limits to intellectual debts - limits related to how broadly we all owe our conceptual frameworks to borrowed notions whose sources we half-remember…

At any rate, I’m not sure whether this is what worries the people who advise that I shouldn’t blog, from fear that people may plagiarise my work: perhaps the concern is more narrowly focussed on stolen phrases, which is, I think, an “easier” issue… But, since I do routinely use this blog as a conceptual scratchpad, I am curious what others think on the broader issue: is it the general practice of academics to try to maintain “trade secrets” about their work until a peer-reviewed publication is in hand? If not, then, does blogging substantially increase the risk that someone else will illicitly appropriate academic work?