[net.startrek] Authors' rights vis a vis Star Trek novels

boyajian@akov68.DEC (JERRY BOYAJIAN) (08/03/85)

[I showed the following quoted message to PDDB, who's contributed a few
items to net.startrek. Unfortunately, she no longer has access to the
newsgroup, and I'm typing in her response for her. Unfortunately, I've
been short of time since she gave me her response, so this is a tad late.
Better late than never, though. All typos, if any, are mine. I should
perhaps mention now that PDDB is Pamela Dean Dyer-Bennet, who as Pamela
Dean wrote THE SECRET COUNTRY. My comments on the article follow hers.]

> From:	ucdavis!ccrrick	(rick heli)
 
> I have been told by a fairly knowledgable source that anyone who
> writes Star Trek novels has basically sold out and probably can't
> sell non-Star Trek material.  Apparently Paramount holds all the
> rights to Star Trek stories and pretty much has such writers at
> their mercy.

	How does this follow?  Yes, John M. Ford has remarked to me
that the Paramount contract for writers of Star Trek novels is
horrifying and makes any normal publisher's contract look kind,
gentle, and uncomplicated. Yes, Paramount holds all the rights to
Star Trek stories. But what has this to do with non-Trek
material?  I am a very newly-published writer who's writing a Star
Trek novel; not at their invitation, just because I want to. My
agent would certainly warn me if writing a Star Trek novel meant I
could not sell other material; she has not.

	Besides, vonda McIntyre and Diane Duane have published
non-Trek material after having published Star Trek novels.  A.C.
Crispin wrote some "V" novels after publishing a Star Trek novel.
furthermore, given my agents account of what sort of advances and
royalties Pocket gives for Star Trek novels, a writer would be mad
to restrict himself to writing only in that field.  They would not
be able to get some of the real and talented writers they have in
fact published if such restrictions applied.

PDDB/jmb

************************************************************************

The trouble with the whole concept put forth by the "fairly knowledgable
source" is that it doesn't hold up to logic. First fo all, as Pamela
pointed out, some rather prominent authors --- John Ford, Diane Duane,
and Vonda McIntyre, plus Greg Bear, Barbara Hambly, Lawrence Yep, et al.
--- have all written Star Trek novels. None of them are in such dire
financial straits that they need to sell a Star Trek novel under such
ridiculous restrictions in order to feed themselves. Thus, to voluntarily
place themselves at the mercy of Paramount by writing a Star Trek novel
would be the stupidest thing they could possibly do.
	As far as A.C. Crispin goes, it was the sales on her Trek novel
that got her the contracts for the V novels. And she has gone on to
bigger and better things, such as collaborating with Andre Norton on
GRYPHON'S AERIE.

The whole notion of Paramount having a Trek author at their mercy is
patently ridiculous anyway. It would be tantamount to their owning you
body and soul, which is not legal in this country. Their contracts
*cannot* restrict your activities in other areas.
	Now, what *is* not uncommon for a new-author contract is that
for a period of n years or n books, the publisher may place a clause
in the contract by which the new author cannot sell a book elsewhere
unless the particular publisher in question has a chance to buy it
first (this is generally known as "first refusal rights"). There can
be exceptions to this clause. PDDB, for instance, is under such a
restriction from Ace/Berkley (I believe --- unfortunately, she has
moved back to Minnesota, so I can't check with her right now), but
since Ace/Berkley does not have the license to publish Star Trek books,
Pamela is free to market such a book to a publisher that *does* have
such a license.
	I suggest that you tell your "knowledgable source" that he
doesn't know what he's talking about.


--- jayembee (Jerry Boyajian, DEC, Acton-Nagog, MA)

UUCP:	{decvax|ihnp4|allegra|ucbvax|...}!decwrl!dec-rhea!dec-akov68!boyajian
ARPA:	boyajian%akov68.DEC@DECWRL.ARPA

ccrrick@ucdavis.UUCP (Rick Heli) (08/13/85)

> [I showed the following quoted message to PDDB, who's contributed a few
> items to net.startrek. Unfortunately, she no longer has access to the
> newsgroup, and I'm typing in her response for her. Unfortunately, I've
> been short of time since she gave me her response, so this is a tad late.
> Better late than never, though. All typos, if any, are mine. I should
> perhaps mention now that PDDB is Pamela Dean Dyer-Bennet, who as Pamela
> Dean wrote THE SECRET COUNTRY. My comments on the article follow hers.]
> 
> > From:	ucdavis!ccrrick	(rick heli)
>  
> > I have been told by a fairly knowledgable source that anyone who
> > writes Star Trek novels has basically sold out and probably can't
> > sell non-Star Trek material.  Apparently Paramount holds all the
> > rights to Star Trek stories and pretty much has such writers at
> > their mercy.
> 
> 	How does this follow?  Yes, John M. Ford has remarked to me
> that the Paramount contract for writers of Star Trek novels is
> horrifying and makes any normal publisher's contract look kind,
> gentle, and uncomplicated. Yes, Paramount holds all the rights to
> Star Trek stories. But what has this to do with non-Trek
> material?  I am a very newly-published writer who's writing a Star
> Trek novel; not at their invitation, just because I want to. My
> agent would certainly warn me if writing a Star Trek novel meant I
> could not sell other material; she has not.
> 
> 	Besides, vonda McIntyre and Diane Duane have published
> non-Trek material after having published Star Trek novels.  A.C.
> Crispin wrote some "V" novels after publishing a Star Trek novel.
> furthermore, given my agents account of what sort of advances and
> royalties Pocket gives for Star Trek novels, a writer would be mad
> to restrict himself to writing only in that field.  They would not
> be able to get some of the real and talented writers they have in
> fact published if such restrictions applied.
> 
> PDDB/jmb
> 
> ************************************************************************
> 
> The trouble with the whole concept put forth by the "fairly knowledgable
> source" is that it doesn't hold up to logic. First fo all, as Pamela
> pointed out, some rather prominent authors --- John Ford, Diane Duane,
> and Vonda McIntyre, plus Greg Bear, Barbara Hambly, Lawrence Yep, et al.
> --- have all written Star Trek novels. None of them are in such dire
> financial straits that they need to sell a Star Trek novel under such
> ridiculous restrictions in order to feed themselves. Thus, to voluntarily
> place themselves at the mercy of Paramount by writing a Star Trek novel
> would be the stupidest thing they could possibly do.
> 	As far as A.C. Crispin goes, it was the sales on her Trek novel
> that got her the contracts for the V novels. And she has gone on to
> bigger and better things, such as collaborating with Andre Norton on
> GRYPHON'S AERIE.
> 
> The whole notion of Paramount having a Trek author at their mercy is
> patently ridiculous anyway. It would be tantamount to their owning you
> body and soul, which is not legal in this country. Their contracts
> *cannot* restrict your activities in other areas.
> 	Now, what *is* not uncommon for a new-author contract is that
> for a period of n years or n books, the publisher may place a clause
> in the contract by which the new author cannot sell a book elsewhere
> unless the particular publisher in question has a chance to buy it
> first (this is generally known as "first refusal rights"). There can
> be exceptions to this clause. PDDB, for instance, is under such a
> restriction from Ace/Berkley (I believe --- unfortunately, she has
> moved back to Minnesota, so I can't check with her right now), but
> since Ace/Berkley does not have the license to publish Star Trek books,
> Pamela is free to market such a book to a publisher that *does* have
> such a license.
> 	I suggest that you tell your "knowledgable source" that he
> doesn't know what he's talking about.
> 
> 
> --- jayembee (Jerry Boyajian, DEC, Acton-Nagog, MA)
> 
> UUCP:	{decvax|ihnp4|allegra|ucbvax|...}!decwrl!dec-rhea!dec-akov68!boyajian
> ARPA:	boyajian%akov68.DEC@DECWRL.ARPA

You misconstrue the issue.  It is not that Paramount would seek to
prevent writers from writing non-Star Trek related materials, only
that their restrictions are so bad that no writer would want to
write for them.  So who does?  Simply those who can't write anywhere
else...  in general, anyway...  if not in every particular...

And, PUHleeze, don't hold up Vonda McIntyre as an example of good
SF writing...  or even good Star Trek writing...  not to me at any
rate...
-- 
					--rick heli
					(... ucbvax!ucdavis!groucho!ccrrick)

chabot@miles.DEC (All God's chillun got guns) (08/14/85)

rick heli  == >  & > >
> You misconstrue the issue.  

No, you let yourself wide-open for this one
> > I have been told by a fairly knowledgable source that anyone who
> > writes Star Trek novels has basically sold out and probably can't
this is kind of nasty------------------------^                    ^
this implies that Paramount won't let them------------------------^
   or that they're incapable of it

> > sell non-Star Trek material.  Apparently Paramount holds all the
> > rights to Star Trek stories and pretty much has such writers at
> > their mercy.
this ------^
  sounds like the "slavery" clause we thought you were claiming--why else
  "mercy": hacks can always find work

> It is not that Paramount would seek to
> prevent writers from writing non-Star Trek related materials, only
> that their restrictions are so bad that no writer would want to
> write for them.  So who does?  Simply those who can't write anywhere
> else...  in general, anyway...  if not in every particular...
>  
> And, PUHleeze, don't hold up Vonda McIntyre as an example of good
> SF writing...  or even good Star Trek writing...  not to me at any
> rate...

Look, just don't get nasty.  Vonda McIntyre has sold a lot more fiction that you
have, unless you're publishing under a pseudonym, and you originally said
"...probably can't sell non-Star Trek material."  You've been given other 
examples of authors who've published non-ST material: John M. Ford, Diane 
Duane, A C Crispin, Greg Bear, Barbara Hambly (and she even has non-science-
fiction-fantasy stuff published, and fantasy, and I think even non-fiction), 
Lawrence Yep.  Now, that's 7 authors: how about you, or your knowledgeable
source, come up with a list of those who aren't published elsewhere.

There are bad ST novels, there are damn fine ones.  I've read two, based on
recommendations from this newsgroup and from PDDB, and those two were enjoyable.
(Ford's _The_Final_Reflection_ and Hambly's _Ishmael_ )  You can't just throw
out some data because, well, those authors *happen* to be _good_ and 
therefore don't fit into the category of ST authors, and you can't throw out
some data just because you don't happen to like what they write: the original
claim was that ST authors "can't" publish elsewhere.  Wrong.

If your issue was just to say nasty things about those who've published ST
novels, well, you've done that.  Congratulations.  We've given you 
counter-examples: what do you say to that?  Perhaps they're not to your taste.
Oh, well.  What *do* you like and KNOW about ST: let's talk about that instead.

So, if *you*'re just going to be nasty: you know what they say about people 
who quote an entire lengthy posting before adding their comment at the end!

L S Chabot   ...decwrl!dec-rhea!dec-amber!chabot   chabot%amber.dec@decwrl.arpa

jeand@ihlpg.UUCP (AMBAR) (08/14/85)

> And, PUHleeze, don't hold up Vonda McIntyre as an example of good
> SF writing...  or even good Star Trek writing...  not to me at any
> rate...
> 					--rick heli

Huh?  Are we talking about the same woman?  DREAMSNAKE is a fabulous
book!  Well plotted, well written, with characters that make you want
to crawl in the book with them!
Rick, I'm sincerely puzzled.  What DO you consider good SF writing?

				AMBAR       
	Until Aug. 16 -->	   	    {*ANYTHING*}!ihnp4!ihlpg!jeand
"I told you when I *MET* you that I was crazy, and you weren't listening!"

lear@topaz.RUTGERS.EDU (eliot lear) (08/21/85)

Let's not get our definitions mixed up.  Just because a novel is famous does
NOT make it good (at least as far as I'm concerned).
-- 

[lear@topaz.rutgers.edu]
[{allegra,seismo,inhp4}!topaz!lear]

ccrrick@ucdavis.UUCP (Rick Heli) (08/28/85)

Discussion continued where it belongs:  net.flame.
-- 
					--rick heli
					(... ucbvax!ucdavis!groucho!ccrrick)