Inspiration vs Copyright

OT: anything goes!

Moderator: Edi

Post Reply
User avatar
Kitsune
Sith Devotee
Posts: 3412
Joined: 2003-04-05 10:52pm
Location: Foxes Den
Contact:

Inspiration vs Copyright

Post 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?
"He that would make his own liberty secure must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
Thomas Paine

"For the living know that they shall die: but the dead know not any thing, neither have they any more a reward; for the memory of them is forgotten."
Ecclesiastes 9:5 (KJV)
User avatar
Dalton
For Those About to Rock We Salute You
For Those About to Rock We Salute You
Posts: 22640
Joined: 2002-07-03 06:16pm
Location: New York, the Fuck You State
Contact:

Re: Inspiration vs Copyright

Post 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.
Image
Image
To Absent Friends
Dalton | Admin Smash | Knight of the Order of SDN

"y = mx + bro" - Surlethe
"You try THAT shit again, kid, and I will mod you. I will
mod you so hard, you'll wish I were Dalton." - Lagmonster

May the way of the Hero lead to the Triforce.
User avatar
C.S.Strowbridge
Sore Loser
Posts: 905
Joined: 2002-07-03 05:32pm
Location: Burnaby, BC, Canada
Contact:

Post 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?
User avatar
Darth Wong
Sith Lord
Sith Lord
Posts: 70028
Joined: 2002-07-03 12:25am
Location: Toronto, Canada
Contact:

Re: Inspiration vs Copyright

Post 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.
Image
"It's not evil for God to do it. Or for someone to do it at God's command."- Jonathan Boyd on baby-killing

"you guys are fascinated with the use of those "rules of logic" to the extent that you don't really want to discussus anything."- GC

"I do not believe Russian Roulette is a stupid act" - Embracer of Darkness

"Viagra commercials appear to save lives" - tharkûn on US health care.

http://www.stardestroyer.net/Mike/RantMode/Blurbs.html
User avatar
Wicked Pilot
Moderator Emeritus
Posts: 8972
Joined: 2002-07-05 05:45pm

Re: Inspiration vs Copyright

Post 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.
The most basic assumption about the world is that it does not contradict itself.
User avatar
Stofsk
Emperor's Hand
Posts: 12925
Joined: 2003-11-10 12:36am

Re: Inspiration vs Copyright

Post 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.
Image
User avatar
zombie84
Jedi Knight
Posts: 872
Joined: 2002-09-15 03:40pm
Location: toronto, Canada

Re: Inspiration vs Copyright

Post 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.
I'll swallow your soul!
User avatar
Beowulf
The Patrician
Posts: 10621
Joined: 2002-07-04 01:18am
Location: 32ULV

Post 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.
"preemptive killing of cops might not be such a bad idea from a personal saftey[sic] standpoint..." --Keevan Colton
"There's a word for bias you can't see: Yours." -- William Saletan
Post Reply