[MissionTrek08]

Originally Posted by jerhanner

But HE created the characters and the story. As such, they're his intellectual property - Edith Keeler didn't spring fully formed from the forehead of a studio executive; Harlan created her.

As such, any time that story is used, he should get a piece of the action. He's smart enough not to sue unless he has a good case, too.

Sorry, but that's not entirely true -- in that much of his case depends on whatever (if any) settlement or deal was made at the time of his original involvement. Any final agreements are what is is 'entitled to' afterwards.

This doesn't stop him from suing for more, of course -- that's his right. But it's one thing to pay a writer or any contributor for their contracted amount, and another to pay them for what they perceive they're worth.

Same thing with classic TV shows and DVD royalties... or in the old days, syndication. Stars had no such clauses in their contracts because no one anticipated such technologies and after-production usage, so there was no way to compensate participants along those lines. Might they deserve to collect such royalties? Yes. Are the studios automatically obligated to pay them accordingly? Not at all.

While I can often disagree with Ellison's personality or attitude in such matters, they have no bearing or impetus on pursuing his legal rights. In the end it's still up to courts to decide the case on its merits and practicality. He'll win or lose on that basis, and not on his personality.

I can totally see Harlan stirring the shiz-storm to gain emotional momentum and rile all the right people on his and others' behalf -- as noted, that's what he does. But that will have no weight in court either. In effect, he's fighting two battles: one as a writer, and one as a 'personality'... and I'm guessing Harlan will go to some lengths to make sure he doesn't lose both battles. He may lose the lawsuit, but live on to be Harlan Ellison another day... which is also his coin of the realm.

[jerhanner]

And that's why we love him so! Heck, Harlan could sue Santa Claus and I'd back Harlan!

[horatio]

Harlan like Harlequin?

Anyway, no one knows his contract and it is probably not crystal clear so it falls into the hands of the lawyers.