So a while ago my friend and co-blogger Marc Randazza texts me. "If a 1 is 'I banged any chick I ever just winked at' and a 10 is 'I can recite hamlet in the original klingon,' how much of a Trekkie are you?"
Marc's been my friend for quite a while now so this text wasn't off-putting in the least. For the record, I told him a 6.
Marc needed some translation help. Why? Because he was writing an amicus brief for the Language Creation Society to argue that Paramount Pictures may have a copyright on Star Trek but it can't have a copyright on the Klingon language. The legal point is a fascinating one: if a language is created in connection with a copyrighted work of fiction, can there be a copyright on other use of the language, even if it's not to speak the lines from the copyrighted work?
This is not a case about Defendants using specific, previously used Star Trek dialogue, such as “Tea, Earl Grey, Hot”, but rather about precluding Defendants from creating original dialogue that happens to be in the Klingon language. Plaintiffs provide no authority supporting their assertion that Klingon (or any language) can be copyrighted. “[T]here is no Klingon word for ‘deference’”, and Plaintiffs are entitled to none. Norwood v. Vance, 591 F.3d 1062, 1074 n. 4 (9th Cir. 2010) (Thomas, J. dissenting).
Whether you like law, or language, or Star Trek, the brief is a joy. Marc continues to demonstrate that legal writing can be entertaining, irreverent, and persuasive at the same time.
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