IP, Copyright Question

[surrealcoma]

What is the name of your state (only U.S. law)? I'm Canadian.

I wrote and published an ebook on amazon, I have an ISBN number, in the book a very specific method is used to create an artificial lifeform, a very specific method for creating the lifeform, I was watching tv and saw the exact same method for creating the lifeform used. It was my idea and it isn't generic like building a robot on an assembly line. Does this violate my IP.

 

[quincy]

What is the name of your state (only U.S. law)? I'm Canadian.

I wrote and published an ebook on amazon, I have an ISBN number, in the book a very specific method is used to create an artificial lifeform, a very specific method for creating the lifeform, I was watching tv and saw the exact same method for creating the lifeform used. It was my idea and it isn't generic like building a robot on an assembly line. Does this violate my IP.

It could violate your IP or you could have violated its IP or no one violated anyone's IP.

Ideas on their own cannot be copyrighted - in the U.S. or in Canada. It will be how the ideas are expressed that could have protection. But it depends on the facts.

You can check with an attorney in Canada for a personal comparison of your book to the tv depiction of the lifeform.

Good luck.

 

[justalayman]

in the US a patent is used to protect your IP rights in a process

 

[quincy]

in the US a patent is used to protect your IP rights in a process

I am thinking this is not a real lifeform surrealcoma created but rather a literary creation.

 

[surrealcoma]

It is a fictional story

I'm thinking it wouldn't be any different than if I wrote about a cyborg that had liquid metal skin and could turn into any shape or copy any form than the people that wrote Terminator 2 could sue me. That is a very specific character, it isn't a generic robot. If I wrote about a character with 3 steel claws that came out of his knuckles than Marvel could sue me for wolverine. I wrote about a very specific process of creating a life form.

 

[justalayman]

I am thinking this is not a real lifeform surrealcoma created but rather a literary creation.

hey, why can't he be a bio-engineer?

I mean, is there some reason you think a bio-engineer that actually created a new life form wouldn't be publishing it in an e-book? You have to have faith and allow your mind to believe there is nothing that is impossible.

 

[justalayman]

I'm thinking it wouldn't be any different than if I wrote about a cyborg that had liquid metal skin and could turn into any shape or copy any form than the people that wrote Terminator 2 could sue me. That is a very specific character, it isn't a generic robot. If I wrote about a character with 3 steel claws that came out of his knuckles than Marvel could sue me for wolverine. I wrote about a very specific process of creating a life form.

actually the liquid metal thing is not a Terminator creation nor is it eligible for any sort of IP protections.

No, the Wolverine people couldn't sue you either,



unless your character so closely resembled the terminator or wolverine to cause confusion between your creation and theirs as they are both covered under trademark protections.

 

[quincy]

I'm thinking it wouldn't be any different than if I wrote about a cyborg that had liquid metal skin and could turn into any shape or copy any form than the people that wrote Terminator 2 could sue me. That is a very specific character, it isn't a generic robot. If I wrote about a character with 3 steel claws that came out of his knuckles than Marvel could sue me for wolverine. I wrote about a very specific process of creating a life form.

So you aren't a bioengineer? I was sort of hoping justalayman was right. It would make for a much more interesting thread.

If the process you described in your book to create the lifeform is the same or similar to the process described to create the same sort of lifeform on a tv show, it is possible the process is not as creative or original as either you or the tv show creator thought, and both of you came up with the idea independent of the other.

This is more likely if neither you nor the show creator had access to the other's work prior to publishing. And, if it is merely a coincidence that makes your processes for creating these lifeforms the same or similar, there has been no infringement.

It is also possible that the tv show creator came up with the process for creating the lifeform prior to you writing your book detailing the creation of the lifeform. If this is the case, it is possible you infringed on his work.

Then again, it is possible the tv show creator read your book and created his show using your creative lifeform-creating process. If this is the case, then he could have infringed on your work.

Whether there is infringement or not, therefore, depends on a comparison of the works and a review of all facts that led to the creation of these works. It is possible, once again, to use the same idea as someone else. It will be how closely these ideas are to each other in the way they are expressed that could make one's work infringe on that of another's.

But, because there are differences in U.S. and Canadian copyright laws, you will need to see a professional in your area to determine better if there is any legal action available for you to take. We cannot do personal reviews on this site.

Good luck.

 

[surrealcoma]

Technically I am a bioengineer.

Though I have no formal training, I did invent the process that will create a new life form, though it has not happened yet, the process has begun.

I did a very deep internet search for the process and at the time of my publishing it hadn't been done. I looked very hard to make sure I wasn't treading on Bradbury or Asimov.

The book was published on the 8th of April 2013, the tv show aired in November. I was required by my publisher (amazon) to offer my book for free for 5 days and it moved 108 copies on those days, it also sold a few copies after plus I sell soft cover versions. The book was only available online for 3 months before I suspended distribution.

The process on the tv show is essentially exactly the same as mine but mine has more detail. The tv show uses the same process though and they are both Orwellian in theme and set in a future Earth.

 

[quincy]

Though I have no formal training, I did invent the process that will create a new life form, though it has not happened yet, the process has begun.

I did a very deep internet search for the process and at the time of my publishing it hadn't been done. I looked very hard to make sure I wasn't treading on Bradbury or Asimov.

The book was published on the 8th of April 2013, the tv show aired in November. I was required by my publisher (amazon) to offer my book for free for 5 days and it moved 108 copies on those days, it also sold a few copies after plus I sell soft cover versions. The book was only available online for 3 months before I suspended distribution.

The process on the tv show is essentially exactly the same as mine but mine has more detail. The tv show uses the same process though and they are both Orwellian in theme and set in a future Earth.

Ah. So you are technically a bioengineer who is creating a process for creating a new life form and you checked to make sure that Asimov or Bradbury hadn't come up with the idea first. And you decided to reveal this new process for creating life forms in an ebook? Interesting choice.

Well, once again, because we are unable to view the two works in question, I suggest you contact a Canadian IP professional and have a comparison done between your fictional work and the tv show. You will need this personal review of both works, and of creation timelines and copyright registrations and all other pertinent facts, to determine if there has been infringement, or merely a coincidence that both you and the tv show creator came up with the same idea for stories involving a process to create new life forms.

Good luck.

 

[surrealcoma]

I have more proof of infringement

I have more proof, in episode 2 of the tv show the lead character shoots one of the mx policemen in the face because he loses his temper when it won't shut up, that episode film post july of 2013, my book which published on the 8th of April 2013 has the same thing happen, the main character loses his temper with one of his copies and shoots it in the head because it won't shut up.

So here is my list so far:

A very specific scientific process to create a humanoid.
An Orwellian future where the police are all identical humanoid automatons
The lead characters both lose their tempers and shoot an automaton in the face when it won't shut-up

That sounds like IP infringement to me.

 

[TigerD]

So you have a problem with the TV show Almost Human.

Sorry. Shooting annoying bots dates back to the 30s. A quick run down of tv shows, movies, and authors that have used that particular trick: Battlestar Galactica, Logan's Run, Star Wars, Star Trek DS9, Star Trek Voyager, Star Trek TNG, Lost in Space, Doctor Who, Babylon 5, David Weber, David Drake, Heinlein, Clarke, Kubrick, and dozens of others.

As for creating an android - Star Trek TNG, iRobot, Robot and Frank, Prometheus, Android Cop, Battle of the Damned, Android Insurrection, Blade Runner, IA, Forbidden Planet, Black Hole, and hundreds of others.

And as for the specific method of creating the androids in Almost Human - You didn't create the tech or the idea - if you did, you wouldn't care about a tv show because you would be the world's first quadrillionaire. JH Wyman has spoken about his influences "obviously, I’m influenced by Asimov and Philip K. Dick and all these people that everybody loves -- Blade Runner is obviously a huge influence" and those influences predate the possibility of your ebook.

Good luck.

DC

 

[Proserpina]

A very specific scientific process to create a humanoid.

That's been done before.

An Orwellian future where the police are all identical humanoid automatons

So has that.

The lead characters both lose their tempers and shoot an automaton in the face when it won't shut-up

And that.

 

[surrealcoma]

I would disagree

Your talking in generalities which you would have to because it is all I have given you and that is intentional. However, the specific methodology for creating the humanoid is not in practice and has not been done. Also I am not claiming to have invented the android, that would be stupid, they are not androids, the mx android example is based on my creation in that they explode purple, like my characters do and they all look exactly the same visually based on race just like my characters do and they are the police. Which specific sci fi has that? None. Blade Runner all looked different, Body Snatchers all looked different, Terminators in exo form all looked the same but they looked like machines, there is no mention in terminator lore that suggests the Terminators all looked the same except one, Arnold's terminator is the only one that looked the same movie to movie. Which specific story has the lead character shooting the automaton in the face when it won't shut up and it exploding purple? Specifically. The process I described for creating the new humanoid has never been done and probably wouldn't work and therefor he has just copied my idea "errors" and all. When you take the specifics and the generalities together it looks like IP infringement to me.

 

[surrealcoma]

However,

When I'm finished filming the animated version of my book than I will advertise it thusly:

"Before Wyman, Abrams and Bad Robot made 'Almost Human,' there was THE PRINTED MAN."

Then I'll send him a copy and he can take me to court.