Tuesday, October 27, 2009

The Disputes on the Edge of Forever

Let’s begin with something near and dear to my heart: a contract dispute. Even better, let’s add in my favorite television series ever, Star Trek. And let’s toss in one of the most talented and gifted writers ever, Mr. Harlan Ellison. Ever since Star Trek creator Gene Roddenberry rewrote major parts of Mr. Ellison’s original script of the original series episode The City on the Edge of Forever some forty-four years ago, the creative and monetary disputes over that one episode have continued to the present day. If you want to read about these disputes, Mr. Ellison himself chronicled the history of events as well as the treatments and scripts in The City on the Edge of Forever: The Original Teleplay that Became the Classic Star Trek Episode (available from Amazon.com and other book retailers).

Back in March, 2009 the website TrekMovie.com http://trekmovie.com/2009/10/23/harlan-ellison-settles-lawsuit-with-cbs-paramount/ reported the Mr. Ellison was suing CBS/Paramount for merchandising royalties related to the classic episode. Last week, TrekMovie.com reported that the suit was over and that Mr. Ellison was “pleased with the outcome”.

Mr. Ellison is a man of great passion and a master of his craft. He also understands the entertainment business and the need to protect his rights and be compensated for his work. In the entertainment business, there is an ongoing chess game (or is it more like football?) between media corporations and participants. Corporations want to retain as much of their earnings as they can. Participants want to maximize what they are owed under terms of their agreements. I have always maintained that participants should get the most that they can negotiate in the advance because collecting on the backend can be problematic. Standard terms and defined net proceeds should be reviewed as carefully as the main contract before signing.

I would suggest that the struggle between corporations and third-party participants is a natural occurrence. This has always happened and it will continue to happen. I don’t consider one side or another to be good or evil. At times, the inability to reach a settlement consumes too much time and energy on both sides. Of course, when money is involved, the disputes will continue to happen.

Congratulations to Mr. Ellison. May his fighting spirit live forever! For more about Harlan Ellison, pick-up Harlan Ellison: Dreams With Sharp Teeth (available from Amazon.com).

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