--- title: Star Trek: Lawsuit Explores Vulcans and Vampires description: Also in question, whether Klingon can be copyrighted canonical: https://time.com/4275972/star-trek-lawsuit-vulcans-vampires/ author: TIME article:opinion: false article:content_tier: free article:published_time: 2016-03-30T07:22:35.000Z article:modified_time: 2026-02-22T16:18:51.330Z article:section: Entertainment og:title: 'Star Trek' Lawsuit Explores Vulcans and Vampires og:description: The case also concerned whether the Klingon language is subject to copyright og:url: https://time.com/4275972/star-trek-lawsuit-vulcans-vampires/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt014a6606f4b3058a/69888cf2a988ca20b96b730e/gettyimages-478192628.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 og:image:width: 1200 og:image:height: 675 og:image:alt: Star Trek: The Original Series og:type: article twitter:card: summary_large_image twitter:title: 'Star Trek' Lawsuit Explores Vulcans and Vampires twitter:description: The case also concerned whether the Klingon language is subject to copyright twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt014a6606f4b3058a/69888cf2a988ca20b96b730e/gettyimages-478192628.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  # _Star Trek_ Lawsuit Now Explores What Vulcans and Vampires Have in Common > Sponsored content. 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Terms and conditions apply. * Savings buckets are a feature of Ally Bank's Savings Account. * No ATM fees from Ally Bank at Allpoint and Moneypass ATMs plus we reimburse for fees charged by other ATM owners nationwide up to $10 per statement cycle. * Early direct deposit offers eligible direct deposits up to two days sooner. * Spending buckets are a feature of Ally Bank's Spending Account. by [Eriq Gardner / The Hollywood Reporter](https://time.com/author/the-hollywood-reporter/) ## Eriq Gardner / The Hollywood Reporter Mar 30, 2016 7:22 AM UTC  James Doohan as Lt. Commander Montgomery Scotty Scott and William Shatner as Captain James T. Kirk in 'Star Trek: The Original Series' on March 29, 1968 James Doohan as Lt. Commander Montgomery Scotty Scott and William Shatner as Captain James T. Kirk in 'Star Trek: The Original Series' on March 29, 1968CBS/Getty Images by [Eriq Gardner / The Hollywood Reporter](https://time.com/author/the-hollywood-reporter/) ## Eriq Gardner / The Hollywood Reporter Mar 30, 2016 7:22 AM UTC The lawsuit brought by Paramount and CBS over _Axanar_, a crowdfunded _Star Trek_ film, continues to chart a course for exploration of the intellectual property galaxy. To quickly review, _Star Trek_ rights holders, despite tolerating decades of fan-made works,[sued _Axanar_ producers](http://www.hollywoodreporter.com/thr-esq/crowdfunded-star-trek-movie-draws-851474) led by Alec Peters in December. This drew a [motion to dismiss](http://www.hollywoodreporter.com/thr-esq/star-trek-fans-want-paramount-868691) that called upon Paramount and CBS to do a better job describing the copyrighted elements allegedly being infringed. Two weeks ago, Paramount and CBS did just that with a well-decorated [amended complaint](http://www.hollywoodreporter.com/thr-esq/paramount-claims-crowdfunded-star-trek-874985) that claimed ownership to such things as the pointy ears of the Vulcans, the gold shirts and triangular medals that Federation officers wear, and even the language of Klingon. It’s now time for another attempt by the defendants to stop the lawsuit at the doorstep — and there’s plenty to chew. Axanar Productions repeats its contention that the claims are not sufficiently detailed to survive, plus argues that a potential fan film that hasn’t been produced yet makes for a premature lawsuit. **The Hollywood Reporter:** [_Crowdfunded ‘Star Trek’ Movie Draws Lawsuit from Paramount, CBS_](http://www.hollywoodreporter.com/thr-esq/crowdfunded-star-trek-movie-draws-851474) “Despite Plaintiffs’ allegation that _scripts_ exist, Plaintiffs have not plausibly alleged that any version of the script violates their rights, let alone the _film_ itself, which does not exist in a fixed, tangible form,” states the defendants’ motion, authored by Erin Ranahan at Winston & Strawn. That itself makes for a watchable legal showdown given the [inconsistency of past rulings](http://www.hollywoodreporter.com/thr-esq/universal-wants-mgms-james-bond-707351) on the topic of unrealized film scripts. But this being _Star Trek_, it’s hardly the highlight of the latest brief. Instead, the defendants tackle each of the elements that Paramount and CBS are claiming are theirs to copyright. Take Vulcans, the famous species best known for their adherence to logic, pointy ears and “V” shaped salute. If the classic sign-off by Vulcans like Spock is “live long and prosper,” Ranahan writes that Vulcans have indeed lived long. “In Roman mythology, Vulcan is the god of fire and metalworking,” she writes. “The first known use of ‘Vulcan’ was in 1513.” **The Hollywood Reporter:** [_‘Star Trek’ Fans Want Paramount, CBS to Do Better Job Explaining Franchise to Court_](http://www.hollywoodreporter.com/thr-esq/star-trek-fans-want-paramount-868691) In other words, the defendants are arguing this element belongs in the public domain. It’s reminiscent of the time that the producer of a mockbuster titled _Age of the Hobbits_ [unsuccessfully tried](http://www.hollywoodreporter.com/thr-esq/appeals-court-wont-lift-age-652134) to point out that “Hobbits” was a reference to a real-life human subspecies, _Homo Floresiensis_, discovered in Indonesia. No matter. Axanar Productions also says that the Vulcans’ appearance — specifically the “pointy ears” — “is not original to _Star Trek_, and has appeared in many fictional fantasy works depicting imaginary humanoid species predating _Star Trek_, including, but not limited to, vampires, elves, fairies, and werewolves, as well as in many animals in nature.” The motion to dismiss attempts to knock other elements as unprotectable. Here are some examples of the arguments: The gold shirts worn by Starfleet officers can’t be copyrightable because they fall under the “useful article” doctrine. ([See our discussion of Power Rangers costumes](http://www.hollywoodreporter.com/thr-esq/power-rangers-costume-lawsuit-272887).) Triangular medals fail as a protectable element because common geometric shapes can’t be copyrighted. The “Starship Enterprise” is too short a phrase to be protected. The Federation logo is adapted from the United Nations flag. Transporters have existed in science fiction since 1877, warp drive since 1945, phasers since H.G. Wells’ _War of the Worlds_in 1898. **The Hollywood Reporter:** [_Paramount Claims Crowdfunded ‘Star Trek’ Film Infringes Copyright to Klingon Language_](http://www.hollywoodreporter.com/thr-esq/paramount-claims-crowdfunded-star-trek-874985) And, of course, all this ([see the full motion here](https://www.documentcloud.org/documents/2778642-Axanar-Vulcan.html)) wouldn’t be complete without some retort on whether the Klingon language is subject to copyright. For this, the defendants manage to cite a Supreme Court case that dates back to 1879 (!), [_Baker v. Selden_](http://scholar.google.com/scholar%5Fcase?case=16308210976883953911&hl=en&as%5Fsdt=6&as%5Fvis=1&oi=scholarr), which presented the question of “whether the exclusive property in a system of book-keeping can be claimed, under the law of copyright, by means of a book in which that system is explained.” According to the defendants, “The Klingon language itself is an idea or a system, and is not copyrightable. As the Supreme Court held in the context of a system of bookkeeping, although copyright protects the author’s expression of the system, it does not prevent others from using the system. _Baker v. Selden_, 101 U.S. 99, 101 (1879). The mere allegation that Defendants used the Klingon language, without any allegation that Defendants copied Plaintiffs’ particular expression of that language, is therefore insufficient to state a claim for copyright infringement as to any protected element.” [_This article originally appeared on Hollywoodreporter.com_](http://www.hollywoodreporter.com/thr-esq/star-trek-lawsuit-explores-what-878837) ```json [{"@context":"https://schema.org","@type":"NewsArticle","@id":"https://time.com/4275972/star-trek-lawsuit-vulcans-vampires/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4275972/star-trek-lawsuit-vulcans-vampires/"},"headline":"Star Trek Lawsuit Now Explores What Vulcans and Vampires Have in Common","datePublished":"2016-03-30T07:22:35.000Z","dateModified":"2026-02-22T16:18:51.330Z","description":"Also in question, whether Klingon can be copyrighted","url":"https://time.com/4275972/star-trek-lawsuit-vulcans-vampires/","keywords":["movies","Lawsuit","Star Trek"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt014a6606f4b3058a/69888cf2a988ca20b96b730e/gettyimages-478192628.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Eriq Gardner / The Hollywood Reporter"}],"articleSection":"Entertainment","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt014a6606f4b3058a/69888cf2a988ca20b96b730e/gettyimages-478192628.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Star Trek: The Original Series","caption":"Star Trek: The Original Series","creditText":"CBS/Getty Images","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/entertainment/","name":"Entertainment"}},{"@type":"ListItem","position":2,"item":{"@id":"/tag/movies/","name":"movies"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/4275972/star-trek-lawsuit-vulcans-vampires/","name":"Star Trek Lawsuit Now Explores What Vulcans and Vampires Have in Common"}}]}] ```