Prosecutor Focus of "Star Trek" Suit

Tuesday May 5 6:13 PM EDT

By Gail Appleson, Law Correspondent

NEW YORK (Reuters) - An enterprising prosecutor came under fire Tuesday from Paramount Pictures Corp. for writing "Joy of Trek," an advice book on how to have a romantic relationship with a "Star Trek" fan.
     In a hearing expected to last several days, Paramount, a unit of Viacom Inc., is trying to convince a federal judge that the book infringes on its copyrights because it contains unauthorized portions of some 300 scripts. It wants some $22 million in damages and a court order halting sales.
     Samuel Ramer, the 34-year-old New York City assistant district attorney who wrote the book, argues that it is a commentary and a guide to help non-fans communicate with the Trekkers they are dating. "Joy of Trek, How to Enhance Your Relationship With a Star Trek Fan," was released last year by Carol Publishing Group of Secaucus, N.J.
     He and his publisher say the book is covered by what is known as the fair use doctrine, in which copyright material can be used under certain circumstances, including parodies, reviews and scholarly works.
     Ramer said he was not trying to assimilate "Star Trek" episodes.
     "Just because you write about 'Star Trek' doesn't make it a copy," Ramer said in an interview. The cover of the book states that it has not been authorized by an entity involved with the creation of "Star Trek."
     But Paramount says resistance to its lawsuit is futile.
     Jonathan Zavin, a Paramount lawyer, and members of his firm lugged the some 300 scripts into Manhattan federal court and numerous boxes of other data.
     "We are saying material was taken from each one of them," he told the court. "Chapters 3-9 are based on nothing but material taken from the 300 episodes."
     The 217-page book describes characters from the original "Star Trek" and subsequent shows: "Star Trek: The Next Generation," "Star Trek: Deep Space Nine" and "Star Trek: Voyager.
     Other chapters deal with such subjects as "The Aliens; or "Why Do they All have Weird Foreheads?" and "Technobabble or What the Hell is Warp, Anyway?"
     The book gives advice on "really cool things to say to your Trekker" and lists the greatest "Star Trek" episodes.
     Ramer, who prosecutes firearms and narcotics cases, told Reuters his first contact with Paramount came when he was hit by the lawsuit in February.
     "I was shocked," said Ramer explaining that he has seen many unauthorized books in stores and "Star Trek" conventions. "I thought they (Paramount) encouraged it."
     He said there are only 10,000 copies of his $10.95 paperback in print and that Paramount could have "bought all the copies and burned them for one-fifth of the legal costs."
     Ramer said he became a "Star Trek" fan at age 6. Living in a dangerous part of the Bronx with his immigrant mother, he was often kept inside for safety.
     "I learned what it's like to be a man by watching the interaction of the 'Star Trek' crew," he said.
     Ramer said he always wanted to write and learned from a friend that Carol Publishing was looking for an author to create an advice book for non-fans. Since his wife, Bonnie, was not a fan, Ramer felt well qualified. The book is dedicated to her.
     Despite his problems with Paramount, Ramer said he remains a dedicated fan.
     "It (watching 'Star Trek') is a little present for myself," he said. After prosecuting narcotics and firearms cases all day, "It's nice to have a positive vision of the future to come home to."