The long-fought suit over merchandising and other rights to Harlan Ellison's great "City on the Edge of Forever" episode of Star Trek has been ruled in Ellison's favor, reports Slice of Sci Fi.
Ellison sued Paramount Pictures over the various spinoff merchandising to his story, which regularly ranks as one of the -- if not the -- best episode of the Trek series. He also sued the Writers Guild of America for not living up to its duties to defend his interests.
Ellison sued for the whopping price of ... wait for it ... $1, plus costs.
Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts
Sunday, October 25, 2009
Tuesday, August 11, 2009
James Warren Loses Famous Monsters Court Case
Abandoned. That's the ruling of a recent Philadelphia court hearing the case from legendary publisher James Warren, seeking to assert copyright over images of his former monster movie magazine, Famous Monsters of Filmland.

Famous Monsters ceased publication in 1983 when Warren's publishing mini-empire went out of business. Later, the title was revived by publisher Ray Ferry, who published it for a number of years before ending in a legal free-for-all. At issue in the court case was whether a book, Famous Monster Movie Art of Basil Gogos, had violated Warren's copyrights on the cover paintings by the famed Gogos by reprinting images of the covers in the book.
The court said no. The Philadelphia Inquirer reports:
All of which does suggest I just might have been correct when I wondered on this blog many moons ago whether Starlog was keeping its claim alive to discontinued print titles (Comics Scene, Future Life, Cinemagic, Fantasy Worlds) by using them as headers for special sections of that magazine. Just wanted you to know how darned perceptive this blog is ...

Famous Monsters ceased publication in 1983 when Warren's publishing mini-empire went out of business. Later, the title was revived by publisher Ray Ferry, who published it for a number of years before ending in a legal free-for-all. At issue in the court case was whether a book, Famous Monster Movie Art of Basil Gogos, had violated Warren's copyrights on the cover paintings by the famed Gogos by reprinting images of the covers in the book.
The court said no. The Philadelphia Inquirer reports:
[The federal judge ruled] that James Warren - the publisher who created Famous Monsters of Filmland - had effectively abandoned any claim to the title of the magazine that began the horror-fan magazine genre 51 years ago.The Legal Intelligencer notes:Warren's association with the magazine ended in 1983, wrote U.S. District Judge Michael M. Baylson, and since then, "Warren has taken virtually no action to retain his common-law ownership of the mark. Indeed, for almost 25 years, he has not published another issue of the magazine, and has not engaged in a substantial attempt to sell memorabilia or anything else with the Famous Monsters name."
Baylson also rejected Warren's contention that publication of the book interfered with Warren's plans for a coffee-table book on his magazines, noting that Warren had taken no significant steps to produce a book until after Spurlock's book was published, and that witnesses had testified that Spurlock's book would not adversely affect the market for Warren's book if it were published.Frankly, I hope Warren does plan such a book, especially if it only focuses on Famous Monsters. That could be quite a book. On a different track, other Warren titles -- the comics magazines Creepy and Eerie -- are being collected and republished by Dark Horse in a series of deluxe coffee table editions. Could Warren also (or instead) publish a collection of reprints of Famous Monsters? I think they'd have a good chance at finding an appreciative audience.
All of which does suggest I just might have been correct when I wondered on this blog many moons ago whether Starlog was keeping its claim alive to discontinued print titles (Comics Scene, Future Life, Cinemagic, Fantasy Worlds) by using them as headers for special sections of that magazine. Just wanted you to know how darned perceptive this blog is ...
Saturday, April 25, 2009
Parodic Interruption
A legal threat from a major newspaper publisher can kill a career in comedy.
That's what we found out in the late 1980s. I was the editorial pages editor of The Badger Herald, the independent daily student newspaper at the University of Wisconsin-Madison, and we had to come up with an idea for our April 1 issue, the annual April Fool's edition. We hit upon the idea of doing a parody of USA Today, mimicking its design, colors, and -- most important -- its editorial tone of "we're all happier today."
The parody we produced was, if I many say so myself, quite good. We got lots of great feedback from readers, including someone at USA Today who wrote to let us know they loved the parody so much they'd like us to send them some extra copies, which we did. Feeling on a roll, the next April 1 issue was planned as a follow-up USA Today parody; in preparation, one of our editors contacted that paper to ask for the exact colors of the logo and the name of the typeface, so we could better mimic it on our end. The word came back from the East Coast that parodies are all fine and good, but if we did it again they'd sue us.
So, no follow up.
But I've always been a fan of good parodies. Magazines and newspapers are perfect targets for parodies, because readers have spent a lot of time with them, and the editors and publishers have spent years designing the magazine so that it's memorable in tone, design, and quality. It lets a (hopefully talented) humorist play in a world made by someone else, tweaking them, bringing them down to earth, and playing with their ego.
There are a couple masters of the magazine parody: Harvard Lampoon and National Lampoon. Both have published books with compilations of their magazine parodies: 100 Years of Harvard Lampoon Parodies (Harvard Lampoon, 1976) and National Lampoon Magazine Rack (National Lampoon Press, 2006). The older of the two, Harvard Lampoon, is the granddaddy of the genre, and it keeps active with last year's National Geographic parody (pictured). The USA Today parody picture on this page, by the way, is from the Harvard Lampoon, not the Badger Herald. I don't know where our Herald copies are.

But parodies have been done by many, many others. Playboy once published a parody of competitor Men's Health. Mad and Cracked did many parodies over the years. Mole magazine, a short-lived humor magazine in the early 1980s, included a New Republic parody in its first issue (not exactly reaching for a wide audience with that one, I'm afraid).
Playboy itself has, naturally, been the target of many lampooners over the decades, going all the way back to the 1950s. Harvard Lampoon produced one of its most popular parodies with its 1966 parody, PL*YB*Y (which featured, among many other treasures, an interview with the Magic Eight Ball). You've got to love a magazine that lists in its next-issue section a featured interview with Christopher Robin. Very early in its run in the 1970s, National Lampoon published its Playdead parody. But it was the 1980s when the leading men's magazine faced an onslaught of parodies, including Playboy The Parody (which featured "The Girls of Penthouse" -- cute joke, that) and Playbore (whose editors seemed to rather dislike Hugh Hefner quite a bit, judging from his portrayal in the magazine).
Harvard Lampoon's still at it, of course, even well into its second decade of ruling-class humor. Last year it published its National Geographic parody (which I neglected to pick up, and have been kicking myself since), and its five-times-a-year magazine continues to be published out of the Lampoon castle near Harvard U.
And parodies are international. In the mid-1980s, there was a German-language parody of Playboy published, Playbock, which included translations of articles and photos from the English-language Playboy The Parody and Playbore, as well as original material specific to readers of the long-running German edition of Playboy. The same German parodists produced take-downs of venerable German news magazine Der Spiegel and Stern (pictured). If you don't read German, it might just be wasted paper to you, but for those who do know the language, it's proof that Germans do, after all, have a sense of humor.

What all this (and more; there've been parodies of Sports Illustrated, Time, The Economist, Fangoria, Newsweek, and tons of others) means is that a lot of other snarky writers and editors didn't let a little thing like the threat of legal action deter them from having fun in someone else's playground.
Does anyone know where I can get a copy of the Badger Herald USA Today parody?
7/27/09 UPDATE: Yes, someone does.

That's what we found out in the late 1980s. I was the editorial pages editor of The Badger Herald, the independent daily student newspaper at the University of Wisconsin-Madison, and we had to come up with an idea for our April 1 issue, the annual April Fool's edition. We hit upon the idea of doing a parody of USA Today, mimicking its design, colors, and -- most important -- its editorial tone of "we're all happier today."
The parody we produced was, if I many say so myself, quite good. We got lots of great feedback from readers, including someone at USA Today who wrote to let us know they loved the parody so much they'd like us to send them some extra copies, which we did. Feeling on a roll, the next April 1 issue was planned as a follow-up USA Today parody; in preparation, one of our editors contacted that paper to ask for the exact colors of the logo and the name of the typeface, so we could better mimic it on our end. The word came back from the East Coast that parodies are all fine and good, but if we did it again they'd sue us.
So, no follow up.
But I've always been a fan of good parodies. Magazines and newspapers are perfect targets for parodies, because readers have spent a lot of time with them, and the editors and publishers have spent years designing the magazine so that it's memorable in tone, design, and quality. It lets a (hopefully talented) humorist play in a world made by someone else, tweaking them, bringing them down to earth, and playing with their ego.
There are a couple masters of the magazine parody: Harvard Lampoon and National Lampoon. Both have published books with compilations of their magazine parodies: 100 Years of Harvard Lampoon Parodies (Harvard Lampoon, 1976) and National Lampoon Magazine Rack (National Lampoon Press, 2006). The older of the two, Harvard Lampoon, is the granddaddy of the genre, and it keeps active with last year's National Geographic parody (pictured). The USA Today parody picture on this page, by the way, is from the Harvard Lampoon, not the Badger Herald. I don't know where our Herald copies are.

But parodies have been done by many, many others. Playboy once published a parody of competitor Men's Health. Mad and Cracked did many parodies over the years. Mole magazine, a short-lived humor magazine in the early 1980s, included a New Republic parody in its first issue (not exactly reaching for a wide audience with that one, I'm afraid).
Playboy itself has, naturally, been the target of many lampooners over the decades, going all the way back to the 1950s. Harvard Lampoon produced one of its most popular parodies with its 1966 parody, PL*YB*Y (which featured, among many other treasures, an interview with the Magic Eight Ball). You've got to love a magazine that lists in its next-issue section a featured interview with Christopher Robin. Very early in its run in the 1970s, National Lampoon published its Playdead parody. But it was the 1980s when the leading men's magazine faced an onslaught of parodies, including Playboy The Parody (which featured "The Girls of Penthouse" -- cute joke, that) and Playbore (whose editors seemed to rather dislike Hugh Hefner quite a bit, judging from his portrayal in the magazine).

Harvard Lampoon's still at it, of course, even well into its second decade of ruling-class humor. Last year it published its National Geographic parody (which I neglected to pick up, and have been kicking myself since), and its five-times-a-year magazine continues to be published out of the Lampoon castle near Harvard U.
And parodies are international. In the mid-1980s, there was a German-language parody of Playboy published, Playbock, which included translations of articles and photos from the English-language Playboy The Parody and Playbore, as well as original material specific to readers of the long-running German edition of Playboy. The same German parodists produced take-downs of venerable German news magazine Der Spiegel and Stern (pictured). If you don't read German, it might just be wasted paper to you, but for those who do know the language, it's proof that Germans do, after all, have a sense of humor.

What all this (and more; there've been parodies of Sports Illustrated, Time, The Economist, Fangoria, Newsweek, and tons of others) means is that a lot of other snarky writers and editors didn't let a little thing like the threat of legal action deter them from having fun in someone else's playground.
Does anyone know where I can get a copy of the Badger Herald USA Today parody?
7/27/09 UPDATE: Yes, someone does.
Thursday, February 12, 2009
Magazine Distribution Chaos Continues
The lawsuit by magazine distributor Source Interlink against competing distributors and major publishers has passed its first hurdle. A judge granted a temporary restraining order prohibiting the defendants from withholding their magazines from Source's pipeline, according to Folio:. Source claims the defendants were trying to force it to sell itself at bargain prices to competitors; the whole brouhaha follows a failed attempt by Source and other distributors to raise the fees they receive for distributing the magazines.
Now, whether there was actual collusion going on or whether Source is just playing hardball with the industry, I don't know. That will, with luck, be decided fairly by the courts. But I think this is pointing up the reality that the economic and technological changes we've gone through are less a challenge to publishers (which it is, just relatively speaking here) than to distributors.
I've written before that technology is already doing an end-run around print distribution and its costly model. Print publications can still survive; but they'll be getting their wares to the subscriber or the newsstand seller electronically rather than through delivery trucks and over-printing. (Similar things are happening to movie theaters receiving films to play.)
If Source Interlink wins, its victory might be a useless one in the end.
Now, whether there was actual collusion going on or whether Source is just playing hardball with the industry, I don't know. That will, with luck, be decided fairly by the courts. But I think this is pointing up the reality that the economic and technological changes we've gone through are less a challenge to publishers (which it is, just relatively speaking here) than to distributors.
I've written before that technology is already doing an end-run around print distribution and its costly model. Print publications can still survive; but they'll be getting their wares to the subscriber or the newsstand seller electronically rather than through delivery trucks and over-printing. (Similar things are happening to movie theaters receiving films to play.)
If Source Interlink wins, its victory might be a useless one in the end.
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