Is a techique or idea copyrightable?

14 years ago

No one can answer that with any authority without comparing the original to the copycat version. "You might be" is the only answer possible from such limited information. Generally speaking, an idea can't be copyrighted but techniques, methods, systems, etc. can be. To get an authoritative answer you really would need to contact an attorney. Asking for legal advice on a forum will only get you guesses from people who aren't legally qualified to answer, like me.

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Paul Myers

14 years ago

Mike,

Depends on how you do it. Probably not, but you'd need to watch out for the concept of derivative work.

If you actually use the technique, and create a video based on your results, it would be very hard to step into infringement territory.

If you want specific legal advice, talk to a lawyer.

In regards to the title of the thread, no. Ideas cannot be copyrighted. Only the form of expression. Techniques can be patented, but the patent can be either rejected or removed if there's evidence of prior art, or the idea is sufficiently obvious.

Again, not a lawyer, and that is a very general answer even so.

Paul

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mnonline

14 years ago

I believe that you can actually do that. Since you did not use their videos as your own. Overall, i don't think you will have any issues. You can tell the techniques in your own words. Or you can add something to make it better

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Tim Franklin

14 years ago

In general terms, as long as you provide value, (of a different sort) than I see nothing wrong, ethically or legally, (we are not lawyers, this is not advice) however, say for instance, you watch a video about how to brew coffee and you have a better method of doing the same thing, that is basically just expression and I know of no laws that regulate expression.

But again it could be different say if you do a video about the process of creating a filament by creating a threaded tungsten thread, (which is copyrighted or patented,) then you might be in violation, again, when in doubt, find a better way.

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ZaraK

14 years ago

How do I protect my idea?
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

That seems pretty clear cut to me.

U.S. Copyright Office - What Does Copyright Protect? (FAQ)

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mrcouchpotato

14 years ago

Thanks for the replies. To expand on this, I saw a youtube video that had more of a marketing strategy, I guess, than a techinque.

This "strategy" happens to be in my niche which got me to thinking about creating a similar video explaining the same strategy but in my words and with my own graphics.

I was thinking it's the same thing as taking someone's e-book and completely re-writing it and claiming it as your own. The strategies and ideas are the same, but the e-book is completely different so it should be ok....or is it?

I know this can be done with PLR products with no worries. I just wanted to make sure it's ok with videos as well.

Mike

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ZaraK 14 years ago

A video is an expression.
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JohnMcCabe

14 years ago

Originally Posted by mrcouchpotato

Thanks for the replies. To expand on this, I saw a youtube video that had more of a marketing strategy, I guess, than a techinque.

This "strategy" happens to be in my niche which got me to thinking about creating a similar video explaining the same strategy but in my words and with my own graphics.

I was thinking it's the same thing as taking someone's e-book and completely re-writing it and claiming it as your own. The strategies and ideas are the same, but the e-book is completely different so it should be ok....or is it?

I know this can be done with PLR products with no worries. I just wanted to make sure it's ok with videos as well.

Mike

Re-read Paul Myers' comments on "derivative works"...

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levmonch

14 years ago

I dont think so, its like teaching and who know what has been though or where and how..

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Andrew Leatherland 14 years ago

The really useful point is that very few of us are qualified to give legal advice. When I saw your post I'm reminded of the two guys who took Dan Brown to court in the UK when he released the Da Vinci code book.

Despite his claims to the contrary much of his theme was lifted from a book produced in the 80's called Holy Blood, Holy Grail.

Anyway, their claim was thrown out because the judge said you can't steal an idea.

In reality there's nothing new under the sun but I suspect it's how much you can make it original
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Ben Kendall

14 years ago

I have purchased a few products from IMers here that teach how to do this by taking the best from other products and put it togther in your own words.

Is this technique that much different?

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JohnMcCabe

14 years ago

Originally Posted by Ben Kendall

I have purchased a few products from IMers here that teach how to do this by taking the best from other products and put it togther in your own words.

Is this technique that much different?

One of my professors put it this way...

Steal from one, and it's plagiarism. Steal from fifty, and it's research.

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TelZilla 14 years ago

Originally Posted by JohnMcCabe

One of my professors put it this way...

Steal from one, and it's plagiarism. Steal from fifty, and it's research.

Sounds like what my wife is doing. She's just about ready to write her dissertation to finish off her PhD in History, so I'm sure ... no positive, that your professor's theory is a sound one.
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seasoned

14 years ago

mrcouchpotato,

If their idea is UNIQUE, you could conceivably be in trouble. Technically, a copyright does NOT protect an idea or technique. A copyright protects the EXPRESSION of it. That DOES have some broader coverage though, due to translations, etc...

To protect a technique or idea, you generally get a PATENT!

And PAUL IS right. I by the way, am ALSO not a lawyer, though I DID study the types of protection. It is probably BEST to STAY AWAY if it is in any way unique and you don't bring anything new to the table.

BTW I recently bought two publications. BOTH were TOTALLY different, so they obviously were NOT copied! If you think about the biological reasoning, the theory makes sense. I, myself, when I recently had the problem with my leg due to delta's problems, I ended up testing it by accident. THOUGH, on its face, it sounds counterintuitive, and I never heard about things this direct before, I could probably write a book on that. But I CAN explain how I accidentally tested it and show that neither is that unique. Their methodologies were pretty different, the expression was totally different, and the other stuff was as different as night and day.

Steve

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sidpoudyal

14 years ago

Mike,

The answer to your question is YES! Absolutely and unequivocally, yes. Copyright has to do with any form of intellectual property and there does not need to be a Copyright notice for anything to be protected by Copyright. If you are passing off something as your own when it is not and you do not have explicit written permission then you are violating Copyright.

Now, if you reword your video enough so that no one can really tell that you took this person's idea and made it your own you may not be charged for Copyright violation but you are undoubtedly breaking the law.

Kind Regards,
Sid Poudyal

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Mike Grant

14 years ago

Unfortunately, despite what you may have heard, there is no effective way to protect an idea through intellectual property law. Copyright protects expression and patent law protects inventions, and neither protect ideas.

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seasoned

14 years ago

Originally Posted by mgtarheels

Unfortunately, despite what you may have heard, there is no effective way to protect an idea through intellectual property law. Copyright protects expression and patent law protects inventions, and neither protect ideas.

Patents CAN protect some ideas! One person. for example, found that aspirin can fatten cattle, so he got an APPLICATION patent!

O take a drug that USED to be patented! HOW! I mean ALL it is is a coumarin, which is a NATURALLY occuring chemical. It was discovered because cows had a "bleeding disorder" that was found to be caused by them eating clover. OBVIOUSLY, THEY got an application patent ALSO.

Some people have patented techniques, or formulas, that were different ONLY in relatively simple ways. HECK, an idiot once took a number of GENERAL WELL KNOWN IDEAS and patented this unoriginal idea. It was fairly worthless at the time because it wasn't widespread and couldn't be put into a small product. They work with a company that tried to leave bombs in the courts praying for the day that someone does something similar! I mean HELL, someone could have patented the idea of an electronic device to perform instructions in and out of sequence to display results or do a task. Such a bomb could have stopped CTR from getting started. THEY finally created such a product. They called it a computer, and eventually became known as IBM.

YEAH, I KNOW! You are SUPPOSED to include plans and possibly a prototype. It is supposed to be UNIQUE, and not immediately obvious. BUT, the USPTO today is run by a bunch of idiots. The australian patent office ACTUALLY allowed the WHEEL to be patented, and the USPTO hasn't been much better. One thing they patented was one click ordering!

A little company by the name of RIM made a product that happened to do things like "transmit email through a mobile product that used radio waves(duh!!!!!), and they got SUED! The ECA stack was PATENTED! It was merely ephedra, caffeine, and aspirin. ALL openly avaiolable at the time, and ephedra and caffeine were obvious candidates.

BTW maybe you have heard of the RIM product? The BLACKBERRY!!!!!

Steve

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Mike Grant

14 years ago

Originally Posted by seasoned

Patents CAN protect some ideas! One person. for example, found that aspirin can fatten cattle, so he got an APPLICATION patent!

O take a drug that USED to be patented! HOW! I mean ALL it is is a coumarin, which is a NATURALLY occuring chemical. It was discovered because cows had a "bleeding disorder" that was found to be caused by them eating clover. OBVIOUSLY, THEY got an application patent ALSO.

Some people have patented techniques, or formulas, that were different ONLY in relatively simple ways. HECK, an idiot once took a number of GENERAL WELL KNOWN IDEAS and patented this unoriginal idea. It was fairly worthless at the time because it wasn't widespread and couldn't be put into a small product. They work with a company that tried to leave bombs in the courts praying for the day that someone does something similar! I mean HELL, someone could have patented the idea of an electronic device to perform instructions in and out of sequence to display results or do a task. Such a bomb could have stopped CTR from getting started. THEY finally created such a product. They called it a computer, and eventually became known as IBM.

YEAH, I KNOW! You are SUPPOSED to include plans and possibly a prototype. It is supposed to be UNIQUE, and not immediately obvious. BUT, the USPTO today is run by a bunch of idiots. The australian patent office ACTUALLY allowed the WHEEL to be patented, and the USPTO hasn't been much better. One thing they patented was one click ordering!

A little company by the name of RIM made a product that happened to do things like "transmit email through a mobile product that used radio waves(duh!!!!!), and they got SUED! The ECA stack was PATENTED! It was merely ephedra, caffeine, and aspirin. ALL openly avaiolable at the time, and ephedra and caffeine were obvious candidates.

BTW maybe you have heard of the RIM product? The BLACKBERRY!!!!!

Steve

I'll take a patent attorney's word over yours.

Gene Quinn, Patent Attorney & Founder of IPWatchdog.com | IPWatchdog.com | Patents & Patent Law

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mrcouchpotato 14 years ago

sidpoudyal,

But what about this senerio?

I'm sure years ago someone wrote on their blog something like...

"To increase hits to your website, make your website address the first line in the description for your YouTube videos."

I'm sure to the very first person that wrote that, this "idea" was a great strategy. Does that mean that nobody else is allowed to take that "strategy", put it in their own words and post it on their blog cause they'd be violating a copyright law?

Mike
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Is a techique or idea copyrightable?

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