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What do I do to copyright my ebook?

How can the ebook 'Weasley Crusher: Teenage F#ck Machine" be published under copyright law?

  • http://www.amazon.com/Wesley-Crusher-Teenage-Machine-ebook/dp/B007A2RTNM Is there not something preventing the author from publishing work derived from the Star Trek universe in such a plainly degrading and inappropriate way? Also, would have to endorse it in some way to have his image on the cover? no? Don't get me wrong, I read it and it was hilarious. However, it takes the entire context of and rapes it, something tells me that wouldn't be legal...

  • Answer:

    In addition to 's answer regarding the copyright issues involved, I'll also note that there are certain trademark issues here as well. Should Paramount lawyers choose to pursue it, this book would quite probably be legally considered as an example of "Passing off" -- that is, by using the picture on the cover and the undisguised names of Star Trek characters in the title and in the work, the author is trying to profit by making the book look like it is a legitimate part of the Star Trek franchise. Trademark protections for the names of fictional characters is also a legal gray area -- it depends mainly on the distinctiveness of the name of the character (e.g., Wesley Crusher being more distinct than John Smith), the strength of the brand (e.g., how well known is it/how likely is it that a random person will associate the character name with a particular franchise), and the extent to which the work in question is "diluting" the brand.

Suzanne Grubb at Quora Visit the source

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In that particular book, they're using a copyrighted image on the cover. It survives only because Paramount and the Roddenberry estate haven't taken notice. In general, copyright refers only to use of actual text. As long as you're not republishing TNG scripts, you're not in conflict with copyright law. In fact, you can even use chunks of script, as long as you're engaging in a "transformative use", which lets you in under the Fair Use requirements of copyright. Parodies in particular have been cleared for use. Overall, it's actually a legal gray area. There are some legal theories forbidding fan fiction anyway. Judges have found that sufficiently well-developed characters have a kind of copyright of their own, and that use of them constitutes unjust ennrichment and copyright violation.  It's a hazy legal theory and most of the time it's not worth it to the copyright owners to pursue it. Frequently, they'll do it only when they think you're passing yourself off as authentic. Free fan fiction generally survives under the wire. Try to make money off of it, and you're going to find legal nastygrams. Cease-and-desist letters are a lot cheaper than actual suits. They are best heeded: their lawyers are better than your lawyers, and you will likely fare badly if it does go to a court of law. There's so much of it that the lawyers don't bother with most of it. But I'd be surprised if this particular book lasted long on Amazon once the Paramount lawyers have it brought to their attention.

Joshua Engel

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