RED ALERT Lost 3 ft TOS Enterprise found????

With any luck, scans can be had right away as part of the verification process (and made available to the public) before final dispensation of the model itself is decided.

That would be cool. I know some think it should not be restored. But I think like the 11 foot model they should restore most of it and retain what they can in regards to paint.
 
While I don't disagree with you, the 11 foot situation was very different. It had gone through 2 minor restos and
one major re-imaging so there was nothing original (apart from the top of the primary hull).
The last restoration was the only one that tried (and succeeded) in bringing it back to as filming condition.

As far as we know, the 3 foot model has never had a restoration, so there is some indication that the paint and finish
are original.

Thankfully, I don't have to make the decision. As long as the job is done correctly, restoration or recovery, I'll be happy.
 
While I don't disagree with you, the 11 foot situation was very different. It had gone through 2 minor restos and
one major re-imaging so there was nothing original (apart from the top of the primary hull).
The last restoration was the only one that tried (and succeeded) in bringing it back to as filming condition.

As far as we know, the 3 foot model has never had a restoration, so there is some indication that the paint and finish
are original.

Thankfully, I don't have to make the decision. As long as the job is done correctly, restoration or recovery, I'll be happy.

Yeah I like the fact that they kept the paint untouched on the top of the primary hull. Has a few paint bubbles but overall after 58 or so years it looks great. I will be looking forward to seeing the journey of the 3' ...
 
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A fixing-up in the same spirit that Tom Spina uses with masks would be good. Heavy on conservation, light on restoration. I suspect most of the grunge could be removed harmlessly. Straighten up and add internal support for the pylons, maaaaaaybe a tiny bit of fill/paint in cracked areas, and done.
 
I agree with this except that any competent attorney working for you is going to say my client currently has a legitimate receipt of ownership of this valuable item, please produce the written proof that ownership was ever transferred from the studio that owned this model to your client.
The person who won the storage unit auction most definitely does not have a definitive receipt of ownership of the model. At best, he has proof that he purchased the contents of the unit with the disclaimer that warranty of title to the contents, stolen goods in particular, is not guaranteed.

The lack of a receipt or written proof is no bar to assertion of legal ownership of property if there is other evidence of possession/ownership. If that were the case, gifted items or inherited/heirloom possessions could be freely stolen without consequences to the thief. Thieves are convicted of theft of such items all the time. And asserting that the Roddenberrys didn't legally own the model wouldn't make the auction buyer's claim to legal ownership any stronger.
Like most of these relics it probably unofficially went out the back door at some point. If that receipt transferring ownership exists (and it should if this was an official gift from the studio) this is a done deal, if not we may see a fight to get legal ownership definitively determined.
However he came to have it, executives from Paramount, the company that acquired the Star Trek assets from Desilu, were aware that Gene Roddenberry had the model and never disputed his ownership, essentially giving him implied warranty of title even without actual written proof that they gifted it to him. With the photographic and documented evidence of the model in his possession, there's really no doubt that Roddenberry's heirs are the legal owners of the model, and there's no law bomb that Bob Loblaw can lob that'll convert legal ownership to his client.
Think about the 3.1 Million X-Wing auction that just happened. That had "disappeared" since the 70s also. There is 0 chance the police are going to come and arrest the person who bought it at that auction for buying stolen property if some one claims to have owned it. They are going to say to the person making the claim to produce the proof of ownership. If that is Lucas Film they have a receipt, if that is someone who took it with them as a souvenir when filming was done it may be a bit more grey area.
With regards to the X-wing, who knows? Presumably the auction house cleared up the ownership rights before they sold it, because any expert who could authenticate it with any authority would certainly be aware of its history and reputed status as stolen ILM property. Which would preclude the sale of the item until that matter was settled.
 
I suspect that this model will go to auction, and here's why: It isn't worth the legal hassles and expense.

- Paramount could not care less about this. It would just cost them money for no return. Their ownership claims would be weak anyway.

- The language of Rod Roddenberry's letter never said anything about pursuing possession of the model, just wanting to get scans of the model for the archives. They may only be in talks with the person who found it just to get the scans. RR may try to persuade the finder to donate it to the Smithsonian or other museum, but I'm not sure Roddenberry is in a position to compel the finder to do so. Forcing the issue with a lawsuit will only create an antagonistic scenario that would make everything else they want harder.

- There is a very legitimate argument that Gene Roddenberry abandoned (in a legal sense) the model by not pursuing the recovery of the model. He lent it out; and besides a letter asking for its return, he doesn't seem to have done anything more to try to get it back for the rest of his life. This could legally be viewed as "abandonment", in which case his heirs would have a weak case for ownership.

- The cost of a lawsuit to the Roddenberrys would also be very high, with little chance of getting their money back. Too expensive for the hassle. Besides; as Rod's letter implies, if they can get the scans they want for free by being friendly, there is no incentive for them to sue.


All that being said, I do hope it ends up on public display rather than hidden away in a private collection, but that is out of my control.
Like it or not, that's what I predict.
 
I suspect that this model will go to auction, and here's why: It isn't worth the legal hassles and expense.

- Paramount could not care less about this. It would just cost them money for no return. Their ownership claims would be weak anyway.

- The language of Rod Roddenberry's letter never said anything about pursuing possession of the model, just wanting to get scans of the model for the archives. They may only be in talks with the person who found it just to get the scans. RR may try to persuade the finder to donate it to the Smithsonian or other museum, but I'm not sure Roddenberry is in a position to compel the finder to do so. Forcing the issue with a lawsuit will only create an antagonistic scenario that would make everything else they want harder.

- There is a very legitimate argument that Gene Roddenberry abandoned (in a legal sense) the model by not pursuing the recovery of the model. He lent it out; and besides a letter asking for its return, he doesn't seem to have done anything more to try to get it back for the rest of his life. This could legally be viewed as "abandonment", in which case his heirs would have a weak case for ownership.

- The cost of a lawsuit to the Roddenberrys would also be very high, with little chance of getting their money back. Too expensive for the hassle. Besides; as Rod's letter implies, if they can get the scans they want for free by being friendly, there is no incentive for them to sue.


All that being said, I do hope it ends up on public display rather than hidden away in a private collection, but that is out of my control.
Like it or not, that's what I predict.

You may be correct. I have been saying it all along..... If it was so cut and dried and the storage unit guy didn't have a leg to stand on his lawyers would have told him to give the model up. Hopefully we are wrong and it does make its way into a museum.
 
[...] - There is a very legitimate argument that Gene Roddenberry abandoned (in a legal sense) the model by not pursuing the recovery of the model. He lent it out; and besides a letter asking for its return, he doesn't seem to have done anything more to try to get it back for the rest of his life. This could legally be viewed as "abandonment", in which case his heirs would have a weak case for ownership. [...]
We have no idea what he did or didn't do either himself or through his attorney. And what was he supposed to do? Call every single member of the fired ASTRA group and everyone who worked at Trumbull's and Dykstra's shops who might've inherited stuff from ASTRA and ask if they have took it? And expect they'd answer truthfully?

Gein Jein told me that by the end of TMP they had so much leftover stuff and no budget to store it that they'd tell people, "Here, have a planet," and send them on their way. In such environments it wouldn't be surprising if the model just got carried off by someone.
 
I suspect that this model will go to auction, and here's why: It isn't worth the legal hassles and expense.

- There is a very legitimate argument that Gene Roddenberry abandoned (in a legal sense) the model by not pursuing the recovery of the model. He lent it out; and besides a letter asking for its return, he doesn't seem to have done anything more to try to get it back for the rest of his life. This could legally be viewed as "abandonment", in which case his heirs would have a weak case for ownership.
No, that isn't a legitimate argument. People have recovered stolen artworks decades after the theft without ongoing active recovery efforts. Abandonment has a specific legal definition with regards to personal property that isn't met here.
- The cost of a lawsuit to the Roddenberrys would also be very high, with little chance of getting their money back. Too expensive for the hassle.
That door swings both ways. With the legal ownership of the model in dispute, it can't be sold legitimately until that matter is settled. Anyone who could pony up the millions of dollars to buy it at auction would almost certainly be advised to wait until then as well. I don't doubt for one second that Rod Roddenberry has deeper pockets than some storage unit reseller vulture picking the bones of the dead and could wait him out. Especially since Gene Roddenberry's estate has the stronger claim of ownership.

You may be correct. I have been saying it all along..... If it was so cut and dried and the storage unit guy didn't have a leg to stand on his lawyers would have told him to give the model up.
No they wouldn't. For an item of such value, they'd advise him to do nothing with it other than keep it safe until its authenticity and legal ownership is determined. That takes time, certainly more than two weeks.
 
From Roddenberry Transmitter Blog just posted​
Rod Roddenberry Seeks to Recover the Original 3-Foot Filming Model of the Starship Enterprise

"Along with much of the Star Trek community, I was excited and pleased to learn that the original 3-foot filming model of the Starship Enterprise appears to have been discovered after being missing for decades (pending full authentication). I can confirm that I am now, through an intermediary, in contact with the individual who possesses the model.

This prototype played a key role in the visualizing design of the famous television starship during Star Trek’s early development in 1964. Once the show went into production, the model was actually filmed in numerous visual effects shots seen throughout the life of the original Star Trek series, along with a larger, 12-foot model that is currently displayed at the Smithsonian National Air and Space Museum. I am convinced that this prototype model holds immense significance for Star Trek and its 58-year history. From its creation in the mid-60s until about 1977, the model was in the possession of my father, Star Trek creator Gene Roddenberry. Unfortunately, it went missing after being loaned out during the production of Star Trek: The Motion Picture.

Beyond its physical value, the greater significance is this prototype Enterprise model really represents the underpinning ideas my father imbued into the series. That we are clever, resilient and can learn from our mistakes. We can and will move beyond archaic belief systems. And once we truly embrace the infinite diversity all around us, both in form and idea, we will then take those next steps into a prosperous and unlimited future.

Guided by this principle, one of my primary goals over the past decade has been to locate, recover, and digitally archive significant Star Trek materials and artifacts through the Roddenberry Archive project. The intention would be to scan it in the finest detail for the Roddenberry Archives and after rigorous scrutiny make it available to the public. Furthermore, I firmly believe that a piece of such importance should not be confined to any private collection. This iconic artifact should be enshrined alongside the 12-foot shooting model at the Smithsonian’s National Air and Space Museum, where it can serve to help tell the story of television history, the history of space exploration and ultimately, a beacon of hope for the future.”

— Rod Roddenberry
.
 
Just catching wind of this. Wow ... for years I've wondered whose garage or storage locker or attic the 33" model ended up in. That someone "stole" it from Robert Abel & Associates (where it is believed to have last been photographed, on loan from Roddenberry, for reference in Phase II preprod) is questionable and up to endless, futile debate. That it went missing is known -- the Great Bird even sent a letter to Katzenberg asking for it to be found and returned.

Anyhoo, CessnaDriver tells me this thread hasn't yet seen this contact sheet of 33" model photographs from back in the day. I seem to recall these were test shots for lighting, angle, and lens for VFX work. Remember that in addition to the opening VFX of "The Cage" pilot, there are several insert VFX shots of the model at the end of the pilot. I believe these are that same setup. (I rather think that these were inserted particularly to show NBC, "here, this is what we can do for exterior shots of the spaceship.")

YES I realized my error a day later. You don't have to correct me.

Contact sheet of the 3 foot Enterprise model.jpg

Yes, folks, fire up your Blu-ray player and go watch "The Cage" again. (IMHO it was a better pilot than "WNMHGB." YMMV.) Raise a snifter of Saurian brandy to the long lost 33" model which is finally, hopefully coming home to the Roddenberrys. (Substitute "green stuff" as needed.)
IMG_1952.JPG
 
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Pictures please?

Just catching wind of this. Wow ... for years I've wondered whose garage or storage locker or attic the 33" model ended up in. That someone "stole" it from Robert Abel & Associates (where it is believed to have last been photographed, on loan from Roddenberry, for reference in Phase II preprod) is questionable and up to endless, futile debate. That it went missing is known -- the Great Bird even sent a letter to Katzenberg asking for it to be found and returned.

Anyhoo, CessnaDriver tells me this thread hasn't yet seen this contact sheet of 33" model photographs from back in the day. I seem to recall these were test shots for lighting, angle, and lens for VFX work. Remember that in addition to the opening VFX of "The Cage" pilot, there are several insert VFX shots of the model at the end of the pilot. I believe these are that same setup. (I rather think that these were inserted particularly to show NBC, "here, this is what we can do for exterior shots of the spaceship.")
View attachment 1762381

Yes, folks, fire up your Blu-ray player and go watch "The Cage" again. (IMHO it was a better pilot than "WNMHGB." YMMV.) Raise a snifter of Saurian brandy to the long lost 33" model which is finally, hopefully coming home to the Roddenberrys. (Substitute "green stuff" as needed.)
View attachment 1762383

Those contact sheets feature the model with its post-pilot modifications, so I'd guess that they were shot for publicity/reference.
 
Lots of talk of theft, but wouldn't any claim of theft need to establish intent? From what I've read in this thread the model fell through the cracks, and more than likeley no-one truly knows what happened to it or can present any kind of paper trail.
 
From Roddenberry Transmitter Blog just posted​
Rod Roddenberry Seeks to Recover the Original 3-Foot Filming Model of the Starship Enterprise

"Along with much of the Star Trek community, I was excited and pleased to learn that the original 3-foot filming model of the Starship Enterprise appears to have been discovered after being missing for decades (pending full authentication). I can confirm that I am now, through an intermediary, in contact with the individual who possesses the model.

This prototype played a key role in the visualizing design of the famous television starship during Star Trek’s early development in 1964. Once the show went into production, the model was actually filmed in numerous visual effects shots seen throughout the life of the original Star Trek series, along with a larger, 12-foot model that is currently displayed at the Smithsonian National Air and Space Museum. I am convinced that this prototype model holds immense significance for Star Trek and its 58-year history. From its creation in the mid-60s until about 1977, the model was in the possession of my father, Star Trek creator Gene Roddenberry. Unfortunately, it went missing after being loaned out during the production of Star Trek: The Motion Picture.

Beyond its physical value, the greater significance is this prototype Enterprise model really represents the underpinning ideas my father imbued into the series. That we are clever, resilient and can learn from our mistakes. We can and will move beyond archaic belief systems. And once we truly embrace the infinite diversity all around us, both in form and idea, we will then take those next steps into a prosperous and unlimited future.

Guided by this principle, one of my primary goals over the past decade has been to locate, recover, and digitally archive significant Star Trek materials and artifacts through the Roddenberry Archive project. The intention would be to scan it in the finest detail for the Roddenberry Archives and after rigorous scrutiny make it available to the public. Furthermore, I firmly believe that a piece of such importance should not be confined to any private collection. This iconic artifact should be enshrined alongside the 12-foot shooting model at the Smithsonian’s National Air and Space Museum, where it can serve to help tell the story of television history, the history of space exploration and ultimately, a beacon of hope for the future.”

— Rod Roddenberry
.

Just one nobody’s opinion, but I don’t think the 1/4 scale model should be displayed permanently at NASM. Much as I‘ve loved visiting the big E at NASM over the years, its ending up there was the culmination of a unique set of circumstances that really just can’t be duplicated. I’m glad the Big E is back on prominent display. And I hope to get the chance to see the smaller model in a museum somewhere. Perhaps it could even be put on temporary display along with its big sister. I think that’d be great. But wherever it ends up, I’ll make a point if visiting it. That is, if such a thing becomes possible while I’m still upright.
 
The question of whether the model was maliciously "stolen" or merely "misplaced" is not relevant to the issue of who rightfully owned it. Gene definitely owned it at the time and he lent it out with the expectation of getting it back. When that didn't happen, he made it clear in writing that he wanted it back. It never stopped being his.
 
Lots of talk of theft, but wouldn't any claim of theft need to establish intent? From what I've read in this thread the model fell through the cracks, and more than likeley no-one truly knows what happened to it or can present any kind of paper trail.
You're confusing the property law issues, which have been copiously explained above, with the criminal law concept of intent. No one has made any criminal referrals in the matter, and it would be tricky to figure out who, if anyone, "stole" it. Besides, the identity of the supposed thief isn't relevant to the property law issue of whether an innocent downstream buyer can keep a stolen item (no, he can't).
 
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