Page 1 of 1

Inspiration vs Copyright

Posted: 2003-11-28 08:53pm
by Kitsune
I am not sure but I am often currious if the Defiant did not insider JMS to design the white star.

The reason why I am curious is that I created an NPC of a charcater type called cosmic knight. They have some similarities to Jedis although they are much different as well. Maybe something like a combination between a jedi and superman <g> They have a code of conduct that if they do not follow, they lose most of their powers. I was playing in a game where a person was playing and I thought that the character should have lost their powers. I used that as a concept and had the character find another source of "mystic" power which was actually supernatural evil. The idea was inspired by his character. We are not on the best of terms and I have not given him credit based on tha fact that it is a complete rewrite and only has the most remote similarities including changing such things as background and race. It si any kind of copywrite violation?

Re: Inspiration vs Copyright

Posted: 2003-11-28 09:42pm
by Dalton
Kitsune wrote:I am not sure but I am often currious if the Defiant did not insider JMS to design the white star.
The concept of a tiny, powerful ship used often by the "good" guys was NOT invented by Star Trek. It's existed for a long time, the most immediate, to my mind, example predating it being the Millennium Falcon.
Kitsune wrote:The reason why I am curious is that I created an NPC of a charcater type called cosmic knight. They have some similarities to Jedis although they are much different as well. Maybe something like a combination between a jedi and superman <g> They have a code of conduct that if they do not follow, they lose most of their powers. I was playing in a game where a person was playing and I thought that the character should have lost their powers. I used that as a concept and had the character find another source of "mystic" power which was actually supernatural evil. The idea was inspired by his character. We are not on the best of terms and I have not given him credit based on tha fact that it is a complete rewrite and only has the most remote similarities including changing such things as background and race. It si any kind of copywrite violation?
I...don't think I quite grasp what you're trying to ask.

Posted: 2003-11-28 09:53pm
by C.S.Strowbridge
I'm a Celebrity, Get Me Out of Here didn't break copyright law over similarities to Survivor.

Tanya Grotter did over similarities to Harry Potter.

So there's a fine line. ...

Was he involved in the initial design past the inspiration phase? I.E. did he help flesh out the character?

Re: Inspiration vs Copyright

Posted: 2003-11-28 10:33pm
by Darth Wong
Kitsune wrote:I am not sure but I am often currious if the Defiant did not insider JMS to design the white star.
I was under the impression that it was the other way around.
The reason why I am curious is that I created an NPC of a charcater type called cosmic knight. They have some similarities to Jedis although they are much different as well. Maybe something like a combination between a jedi and superman <g> They have a code of conduct that if they do not follow, they lose most of their powers. I was playing in a game where a person was playing and I thought that the character should have lost their powers. I used that as a concept and had the character find another source of "mystic" power which was actually supernatural evil. The idea was inspired by his character. We are not on the best of terms and I have not given him credit based on tha fact that it is a complete rewrite and only has the most remote similarities including changing such things as background and race. It si any kind of copywrite violation?
Copyright violations generally apply to direct duplication rather than mere inspiration, which is why the guy Cameron ripped off for Terminator isn't walking around weighted down with money.

Re: Inspiration vs Copyright

Posted: 2003-11-28 10:41pm
by Wicked Pilot
Kitsune wrote:I am not sure but I am often currious if the Defiant did not insider JMS to design the white star.
JMS had the series planned out from day one. DS9 had no impact on the direction of B5. The same can not be said the other way around.

Re: Inspiration vs Copyright

Posted: 2003-11-29 02:15am
by Stofsk
Kitsune wrote:...We are not on the best of terms and I have not given him credit based on tha fact that it is a complete rewrite and only has the most remote similarities including changing such things as background and race. It si any kind of copywrite violation?
Does he have copyright on the concept? If so, then it is a violation. If not, then all that's happened is you've been inspired by someone's work and have molded it to fit your own ideas and concept.

I've been in a somewhat similar circumstance, where a friend of mine had an idea for an alien race which I was considering to put into my work. At the time we were friends, but that changed and now we don't really talk to one another anymore.

Did I use his idea? No, but mainly because I wanted to come up with my own ideas.

Another question you have to ask yourself is who's doing all the work? Copyright exists to prevent exploitation of other people's hard work. If you've done all the hard work, then who the hell are you exploiting? If all you gained from him is one or two ideas, and you supplied the dozen or more complimentary ideas which enhance and build upon the original, then how is that a violation?

Be honest - how influenced were you, or how inspired were you by your friend's idea? Both are slightly different.

Technically, though unless he has put out a copyright on the idea then it isn't a violation. That's splitting the hairs mighty thin though.

Re: Inspiration vs Copyright

Posted: 2003-11-29 02:27am
by zombie84
Darth Wong wrote:Copyright violations generally apply to direct duplication rather than mere inspiration, which is why the guy Cameron ripped off for Terminator isn't walking around weighted down with money.

Actually, Harlan Ellison sued Cameron in the late eighties--the original Terminator now has the statement "Acknowledgement to the works of Harlan Ellison" in the end credits. But if you ask me Ellison was just being greedy; the works of him and Cameron are very different (and Terminator was based off a combination of different stories, not just one).

Anyway, its all a matter of judgement when it comes to matters like these. Usually unless a work directly ports distinctive elements from another source in such a matter that it could be argued that it is actually theft of recognizable creative work, these things are usually left alone; in most cases, the authors let it go as simply inspiration, and even in cases where it is obvious that their work has been plagerized they only sue if the alleged "theif" has made a shitload of cash. There are so many complicated issues that its hard to make too much of a blanket statement because things kinda depend on each case.

Posted: 2003-11-29 02:39am
by Beowulf
Technically, all work is copyrighted the moment you finish with it. It doesn't need to be registered with anyone to be copyrighted, it just is. To be actually able to enforce your copyright, you need to have some proof as to the time you wrote it.