[net.sf-lovers] The Terminator vs. Harlan Ellison

wahrman@WHITE.SWW.Symbolics.COM (05/31/85)

From: Michael Wahrman <wahrman@WHITE.SWW.Symbolics.COM>


In today's (May 30) Hollywood Reporter, there is a full page ad that
reads:

----------

Exhibit "A"
Press Release


Hemdale Film Corporation and HARLAN ELLISON are pleased to announce that
they have resolved their dispute regarding the motion picture The
Terminator and Hemdale Film Corporation acknowledges the works of HARLAN
ELLISON.  [In the ad, "Harlan Ellison" is in bold face]

[then at the bottom, in small type]

With special thanks to Destroyer Lawyer, Henry W. Holmes, Jr.

----------

Does anyone know what this is about.  

Reply to me, as I'm not on sf-lovers.

Michael

m1b@rayssd.UUCP (M. Joseph Barone) (06/05/85)

In <2151@topaz.ARPA>, Michael writes:
> Hemdale Film Corporation and HARLAN ELLISON are pleased to announce that
> they have resolved their dispute regarding the motion picture The
> Terminator and Hemdale Film Corporation acknowledges the works of HARLAN
> ELLISON.  [In the ad, "Harlan Ellison" is in bold face]
>
> Does anyone know what this is about.  
> 
> Reply to me, as I'm not on sf-lovers.

	I do not know how to reply to ARPA nodes so everyone is forced
to read this.  If someone could relay it to him, thanks.  To everyone
else, sorry.

	Ellison stated that the idea of 'The Terminator' came from
two episodes he wrote for 'Outer Limits'.  The episode names elude
me but the plots were: 1) the soldier from the future, Quallo Kaprikni
(sic?), and 2) Bob Culp as a robot from the future with a glass hand
('Demon with a Glass Hand'?).  He therefore sued for copyright
infringement and won.

Joe Barone,	{allegra, decvax!brunix, linus, ccice5}!rayssd!m1b
Raytheon Co,	Submarine Signal Div., Box 330, Portsmouth, RI  02871

joel@peora.UUCP (Joel Upchurch) (06/06/85)

> 	Ellison stated that the idea of 'The Terminator' came from
> two episodes he wrote for 'Outer Limits'.  The episode names elude
> me but the plots were: 1) the soldier from the future, Quallo Kaprikni
> (sic?), and 2) Bob Culp as a robot from the future with a glass hand
> ('Demon with a Glass Hand'?).  He therefore sued for copyright
> infringement and won.
> 
> Joe Barone,	{allegra, decvax!brunix, linus, ccice5}!rayssd!m1b
> Raytheon Co,	Submarine Signal Div., Box 330, Portsmouth, RI  02871

This seems a little thin.  The producers would have had  to  copied  a
lot  more  than the IDEA from Ellison for him to win a copyright suit.
Ideas are not copyrightable, only the particular expression  of  those
ideas are.  If you could sue a writer for stealing an idea, they could
sue every writer in existence.  When was the last time you  saw  a  TV
show  or  a movie with an original plot?  A writer has to be very good
just to come up with an interesting variation of an old idea.

I enjoyed the Terminator, even though I couldn't find a single element
in the plot that hadn't been used before.  As Siskel and Ebert pointed
out, it actually works better as romance than Science Fiction.

   'I came across time for you, Sarah.'

Heck, most women today would feel lucky if they could find a guy  that
would stop off at the cleaners to pick up their laundry. :->

chuqui@nsc.UUCP (Chuq Von Rospach) (06/08/85)

In article <1027@peora.UUCP> joel@peora.UUCP (Joel Upchurch) writes:
>> 	Ellison stated that the idea of 'The Terminator' came from
>> two episodes he wrote for 'Outer Limits'.  
>
>This seems a little thin.  The producers would have had  to  copied  a
>lot  more  than the IDEA from Ellison for him to win a copyright suit.
>Ideas are not copyrightable, only the particular expression  of  those
>ideas are.  If you could sue a writer for stealing an idea, they could
>sue every writer in existence.  When was the last time you  saw  a  TV
>show  or  a movie with an original plot?  A writer has to be very good
>just to come up with an interesting variation of an old idea.

I read somewhere that the settlement with Ellison cost them $70K. (locus?)
There is a strong difference between reusing and idea and rehashing a
story. What is and isn't plagiarism is a very nebulous point, but there is
a big difference between building a new story around an old idea (as
Gerrold did with Trouble With Tribbles) and what seems to have happened
here. This isn't the first time Hollywood has ripped off Harlan -- he and
Ben Bova got a settlement a number of years ago for a TV show that ripped
off their short story 'Brillo' about a robot cop. The reality is that SF
authors get ripped off a LOT, mainly because they seem to be afraid to
fight back, either independently or through their agents or SFWA. The
Mystery Writers group, on the other hand, has relatively little problem
because they DO tend to police their work. Harlan, who has been around that
industry for a long time and isn't known for his timidity, is also not
afraid to go for what he believes is his. If other authors or the SFWA took
a more active stance in hollywood, perhaps hollywood would take SF a bit
more seriously...
-- 
:From the misfiring synapses of:                  Chuq Von Rospach
{cbosgd,fortune,hplabs,ihnp4,seismo}!nsc!chuqui   nsc!chuqui@decwrl.ARPA

The offices were very nice, and the clients were only raping the land, and
then, of course, there was the money...

root@trwatf.UUCP (Lord Frith) (06/11/85)

In article <2818@nsc.UUCP> chuqui@nsc.UUCP (Chuq Von Rospach) writes:
> off their short story 'Brillo' about a robot cop. The reality is that SF
> authors get ripped off a LOT, mainly because they seem to be afraid to
> fight back, either independently or through their agents or SFWA. The
> Mystery Writers group, on the other hand, has relatively little problem
> because they DO tend to police their work. Harlan, who has been around that
> industry for a long time and isn't known for his timidity, is also not
> afraid to go for what he believes is his. If other authors or the SFWA took
> a more active stance in hollywood, perhaps hollywood would take SF a bit
> more seriously...

How do you differentiate between rip-offs and coincidence?  The idea of a robot
cop doesn't sound so obtuse to gaurentee another writer won't think of it
again... and invent story lines around it.

Harlan's stories may have been inovative in their day, but that doesn't mean
that they are inovative now.  Thus it seems presumptuous for him to conclude
that he was ripped off.

Terminator is somewhat more unique than a robot cop story.

"The sun never sets on this child...."
-- 

UUCP: ...{decvax,ihnp4,allegra}!seismo!trwatf!root	- Lord Frith
ARPA: trwatf!root@SEISMO

"Give a man a horse... and he thinks he's enormous"

hsu@cvl.UUCP (Dave Hsu) (06/12/85)

> In article <2818@nsc.UUCP> chuqui@nsc.UUCP (Chuq Von Rospach) writes:
> > off their short story 'Brillo' about a robot cop. The reality is that SF
> > authors get ripped off a LOT, mainly because they seem to be afraid to
> > fight back, either independently or through their agents or SFWA. The
> 
> How do you differentiate between rip-offs and coincidence?  The idea of a 
> robot
> cop doesn't sound so obtuse to gaurentee another writer won't think of it
> again... and invent story lines around it.
> 
> UUCP: ...{decvax,ihnp4,allegra}!seismo!trwatf!root	- Lord Frith
> ARPA: trwatf!root@SEISMO
> 

I seem to recall that OMNI mentioned this case 4 or 5 years ago.  Ellison
was apparently approached by (was it CBS?) a network for a storyline, and
the 'Brillo' concept was the one they presented, only to be deep-sixed.
Imagine your surprise if somebody produced something remarkably similar
to a design of your own AFTER you've shown them how it works.  Gee, we'd
all go out, solicit inventions, turn them down, and then mass market the
good ones for free.

-dave

Leban%hp-hulk.csnet@csnet-relay.arpa (06/12/85)

From: Bruce <Leban%hplabs.csnet@csnet-relay.arpa>

Subject: ... and "Melancholy Elephants" by Spider Robinson (*SPOILER*)

From: rayssd!m1b@topaz.arpa (M. Joseph Barone)

> Ellison stated that the idea of 'The Terminator' came from two episodes
> he wrote for 'Outer Limits'.  The episode names elude me but the plots
> were: 1) the soldier from the future, Quallo Kaprikni (sic?), and 2) Bob
> Culp as a robot from the future with a glass hand ('Demon with a Glass
> Hand'?).  He therefore sued for copyright infringement and won.

From: peora!joel@topaz.arpa (Joel Upchurch)

> This seems a little thin.  The producers would have had to copied a
> lot more than the IDEA from Ellison for him to win a copyright suit.
> Ideas are not copyrightable, only the particular expression of those
> ideas are.  If you could sue a writer for stealing an idea, they
> could sue every writer in existence.  When was the last time you saw
> a TV show or a movie with an original plot?  A writer has to be very
> good just to come up with an interesting variation of an old idea.
> 
> I enjoyed the Terminator, even though I couldn't find a single
> element in the plot that hadn't been used before.

From Spider Robinson's story "Melancholy Elephants" in the book of the same
name (TOR, 1985):

        "... Remember the /Roots/ plagiarism case?  And the dozens like it
    that followed?  Around the same time a writer named van Vogt sued the
    makers of a successful film called /Alien/, for plagiarism of a story
    forty years later.  Two other writers named Bova and Ellison sued a
    television studio for stealing a series idea.  All three collected.
        "That ended the the legal principle that one deos not copyright
    /ideas/ but /arrangements of words/.  The number of word-arrangements
    is finite, but the number of /ideas/ is /much/ smaller.  Certainly,
    they can be retold in endless ways [sic] --- /West Side Story/ is a
    brilliant reworking of /Romeo and Juliet/.  But it was only possible
    because /Romeo and Juliet/ was in the public domain.  Remember too that
    of the finite number of stories that can be told, a certain number will
    be /bad stories/."

This is an interesting perspective.  But before I'm willing to give up, I'd
like to at least know the order of magnitude of the number of ideas.

Incidentally, the last sentence quoted above is my response to "The
Problems of SF Today".  We need to have writers who write bad books so it
will enable other writers to write the good ones.  If everyone were writing
good books, we'd run out a lot sooner.  (:-)

Bruce Leban	...hplabs!leban
		leban@hplabs.csnet
-------

crm@duke.UUCP (Charlie Martin) (06/12/85)

In article <981@trwatf.UUCP> root@trwatf.UUCP (Lord Frith) writes:
>In article <2818@nsc.UUCP> chuqui@nsc.UUCP (Chuq Von Rospach) writes:
>> off their short story 'Brillo' about a robot cop. ....
>
>How do you differentiate between rip-offs and coincidence?  The idea of a robot
>cop doesn't sound so obtuse to gaurentee another writer won't think of it
>again... and invent story lines around it.

In the Bova/Ellison case, the network had bought Brillo with a creative
control clause for ellison and bova -- ellison and bova came to realize
that the network was making crap from a pretty good story, and couldn't
get them to stop, so they withdrew the story.  The network made the show
anyway, trying to use just this argument.  And lost.
-- 

			Charlie Martin
			(...mcnc!duke!crm)

chuqui@nsc.UUCP (Chuq Von Rospach) (06/14/85)

> == Lord Frith

>How do you differentiate between rip-offs and coincidence?

How do you describe color to a blind man? That isn't as facetious an
answer as you might think, because plagiarism is one of the great grey
areas of literature law.

>The idea of a robot
>cop doesn't sound so obtuse to gaurentee another writer won't think of it
>again... and invent story lines around it.

The best way to look at this is through example.  If I were to write
a SF series set in a bar, I wouldn't have a lot of problem except
having publishers return it as being derivative. Spider Robinson has
done a bar series (Callahan's Bar) but doing another bar story doesn't
mean I'm plagiarizing him.

Now, if I decide to make one of the Bartenders Irish, and one of the
Bartenders an ex-minister, and maybe one night a week we have a
joke-a-thon and aliens keep wandering in after saving the world I'm
sure I'd hear from Spider's lawyers. Bar stories aren't illegal. Bar
stories that look like they have been borrowed from already published
bar stories are.

>Harlan's stories may have been inovative in their day, but that doesn't mean
>that they are inovative now.  Thus it seems presumptuous for him to conclude
>that he was ripped off.

It is also presumptuous for you to assume it otherwise. Whether or not his
story is still innovative is beside the point. Harlan owns the copyright to
Brillo, and the copyrights to the Twilight Zone scripts, and that gives him
the right to market them as he sees fit. If someone infringes upon the
marketability of his work by borrowing from them without paying him, then
Harlan is out money and is within his right to try to get it back.

If you decided to rewrite Unix, you could do so without any problem. If you
decided to rewrite Unix, however, with any of the materials the AT&T
considers proprietary, then AT&T would have your office 18 deep in lawyers.
The laws are different (copyright vs trade secret/contractual) but the
concept is the same. Harlan owns Brillo, AT&T owns Unix. Neither is unique,
but if you use the protected resources to create another resource without
paying for them they you are equally in the wrong whether that resource is
software, a SF story, or the patented formula for Valium.
-- 
:From the misfiring synapses of:                  Chuq Von Rospach
{cbosgd,fortune,hplabs,ihnp4,seismo}!nsc!chuqui   nsc!chuqui@decwrl.ARPA

The offices were very nice, and the clients were only raping the land, and
then, of course, there was the money...