The Foundry for Star Trek Online EULA FAQ
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Join Date: Dec 2007
05-21-2012, 12:06 AM
Originally Posted by
But the question was "What if the actor is unrecognizable?" They don't define what that means. The actor that crawled around in the Horta suti, sure. The actor who played Dukat, I doubt it. In "Far beyond the Stars," I clearly recognize Dukat.
David Warner was considered unrecognizable enough to circumvent the internal "no reusing actors who are recognizable" rule. The series producers didn't consider Madred recognizable as Warner... and they cast J.G. Hertzler and Jeffery Combs in multiple roles. I recall, specifically, that they allowed this because the side roles they played were considered to look distinct enough from the actor's own face that they believed the average reasonable person would not recognize them... which sounds like the bar we have to hit here.
If we had to get a hard clarification, I'd probably push for it to be by species or by percentage of face covered in makeup.
No Ferengi is really recognizable at all. Neither are Klingons or Changelings or Jem'Hadar.
I THINK what is being said is, "Could it easily be mistaken for the actor on the street?"
That seems to be the same standard for how and when Cryptic has used canon characters, outside of deceased actors where they got special permission.
The fact that Cryptic used Madred without David Warner's involvement and Warner was allowed to be cast in the role in spite of the two year role says to me that Cardassians are probably distinct enough that actors would have no claim to the likeness.
The dividing line is probably Romulans with the forehead makeup, which Cryptic seems fine using without likeness permissions.
Vulcans and humans require likeness permissions unless there's aging applied. Which does get into the question of some of what we've seen onscreen with age makeup. Riker in All Good Things doesn't really look like Frakes; if anything, he looks more like Orson Welles. Picard as the end of The Inner Light really doesn't resemble Stewart either and is presumably what an in-game Picard would look like.
That is where you get into the real cutting edge of the issue.
If I were to set a policy, it would probably be:
1) It should not resemble an actor as they appear out of character, on the street. If it uses prosthesis, it's fair game.
2) In addition to the above, no humans or Vulcans.
Though, technically, the answer Branflakes gave us would allow for AGT Riker or Picard from the end of the Inner Light... as virtually none of the actor's actual face was visible, the makeup neither looks like the actor's real face at the time or the way it's aged, and there would be no mistaking the character for the actor on the street.
The bone structure is different. It doesn't really look like Patrick Stewart:
More pronounced with Riker. Different jaw shape, hairline, bone structure. Either than the actor at the time or the actor as he is now. It looks more like Orson Welles than Jonathan Frakes:
These would both technically fall under Branflakes' answer.
Although I think a fairer cutoff would probably be to just exclude humans, Vulcans, Trill, or Bajorans.
Maybe, if absolutely necessary, have a checklist, like:
- Is there a prosthetic brow?
- Is the skintone a natural human color?
- Are there prosthetic ears?
- Is there a prosthetic nose?
- Is a wig or bald cap evident?
And you'd need clear evidence of 3 out of the 5. If 3 out of the 5 are in play, go for it. If not, don't.