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# 11
05-29-2011, 11:18 PM
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.
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# 12
05-29-2011, 11:26 PM
Quote:
Originally Posted by Nagorak View Post
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.
Correct; "likeness" refers to characters that have been portrayed by an actor. In this case the problems are copyright and trademark, and would come down to the terms of CBS's license from Peter David's publisher, the publisher's license from David, Cryptic's license with CBS; in short without knowing what several different contracts say, we can't know whether we have the right to use the character or not.

Cryptic says don't.
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# 13
05-30-2011, 06:13 AM
Quote:
Originally Posted by syberghost View Post
Correct; "likeness" refers to characters that have been portrayed by an actor. In this case the problems are copyright and trademark, and would come down to the terms of CBS's license from Peter David's publisher, the publisher's license from David, Cryptic's license with CBS; in short without knowing what several different contracts say, we can't know whether we have the right to use the character or not.

Cryptic says don't.
Calhoun is a bit of an oddity, while never portrayed by an actor, he probably does have some kind of likeness issue since he does have an accepted standard look on covers, and he is the only charcacter not portrayed by an actor to have a figure. http://www.google.com/imgres?imgurl=...w=1585&bih=967
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# 14 Just to Clarify
06-01-2011, 10:08 AM
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.
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# 15
06-01-2011, 10:20 AM
Quote:
Originally Posted by shadowgate View Post
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.
Your take on the entire situation is great and all, except CBS and Cryptic say you can't use ANY of the characters at all in conjunction with the Foundry (except to mention them in passing).

So if you want to use their tools, you have to play by their rules.

I think it sucks and it gimps creativity, but it is their sandbox.
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# 16 We will see
06-01-2011, 11:10 AM
Quote:
Originally Posted by boglejam View Post
Your take on the entire situation is great and all, except CBS and Cryptic say you can't use ANY of the characters at all in conjunction with the Foundry (except to mention them in passing).

So if you want to use their tools, you have to play by their rules.

I think it sucks and it gimps creativity, but it is their sandbox.
Actually there POST doesn't reference Star Trek New Frontier. Even more so I might get my wish! I started researching Peter David a little bit more. He has a friend named Bill Mumy. I was able to get in touch with Bill Mumy's wife. It was a bit strained conversation. I have to admit it made me nervous lol. However she took my name and telephone number down and said she would pass my request along to Peter David with no promises of any kind.
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# 17
06-01-2011, 11:17 AM
Quote:
Originally Posted by shadowgate View Post
Actually there POST doesn't reference Star Trek New Frontier. Even more so I might get my wish! I started researching Peter David a little bit more. He has a friend named Bill Mumy. I was able to get in touch with Bill Mumy's wife. It was a bit strained conversation. I have to admit it made me nervous lol. However she took my name and telephone number down and said she would pass my request along to Peter David with no promises of any kind.
The unfortunate point is, even if you get personal permission from the creator of that character, you still have to follow Cryptic's rules when you are playing their games.
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# 18
06-01-2011, 11:28 AM
He called Will Robinson's wife to bug her to call Peter David, to bug him about a foundry mission..... Danger! /wavearms
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# 19
06-01-2011, 12:21 PM
Quote:
Originally Posted by CapnBludd View Post
He called Will Robinson's wife to bug her to call Peter David, to bug him about a foundry mission..... Danger! /wavearms
I was thinking the same thing. Nice with the /wavearms

It'd be really funny if Mr. David were to say "sure, use by character...send my check to this address....."

and even after all of that, it would still be a violation of the Foundry EULA.
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# 20
06-01-2011, 01:42 PM
Quote:
Originally Posted by shadowgate View Post
This post has been edited to remove content which violates the Atari Community Rules and Policies ~WishStone
Ahh, cheer up. At least you got a response from the guy.
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