If it involves any actual appearance of the character Mackenzie Calhoun I regret to inform you we cant actually use him
Originally Posted by Stormshade
As far as Admiral Quinn, and other characters which already in STO, I've been told that you may reference them, but that we prefer you not use their appearance in your works as well. I've also had it confirmed that we will not be allowing players to use NPC mission givers that currently exist in-game and are tied to Cryptic made missions, to also be available for use in UGC missions as well.
The next Update/Patch could have that crate that so many use (*unfanthomable reasons*) to start Klingon missions start a Cryptic quest: "Please get me to the recycling unit for the greater glory of the Klingon Empire!"
Keep in mind, in regards to Cryptic-made NPCs they "prefer you not use", that "prefer you not use" is not the same thing as "prohibit in the EULA".
I feel I should point out also (as it doesn't appear to have been done yet) that Mackenzie Calhoun is not a Cryptic-created NPC like Admiral Quinn, but a character created by Peter David for his 'New Frontier' Star Trek novels. Cryptic has the permission to use his likeness like they have the permission to use Kirk/Spock/Picard/Morn/etc. So the part where they mention preferring we not use "Cryptic-based NPCs" probably wouldn't apply for him, anyway, and would probably be an outright 'do not use'.
At least that's my read on it, just to be on the safe side.
P.S: If you haven't read those New Frontier novels, I recommend them. They're good and gritty, and Calhoun's a sharp, dark-humored man that probably pushes the corner of Starfleet's philosophies. And what other Starfleet captain do you know of that keeps a bloody broadsword used in a planet's liberation on their ready room wall?
I'm not sure the term "likeness" applies in this case. It's a completely fictional character with no actual appearance. Likeness would apply to actors because the characters look like them. The author probably does retain rights to the character, but probably not his "likeness" per se.
Peter David before he started The New Frontier series specifically approached Paramount and CBS. He obtained a legally binding contract that he could do as he pleased with the books and the SECONDARY CHARACTERS, specifically Admiral Edward Jellico, Elizabeth Shelby, Dr Selar(who he KILLED in one of his recent books) The rules for the books have ALWAYS been if you write a book and want a chance in hell of it being published. The main characters of Star Trek Universe can't die unless they come back to life by end of story, can't alter the overall character etc basically Spock couldn't suddenly become a homosexual etc. However Peter David has the legal binding ability to do as he pleases with any of his characters that are not MAIN PLAYERS IN STAR TREK UNIVERSE. In my opinion based on the stated information. If you are going to risk putting a character in the missions you create then your take on the character must be true to the character and that character can't suffer a fatal death or anything that Paramount and CBS has previously laid out.