Discussion:
Let's say I was having a casual conversation with the author of this best-selling book. And, I mention to the author that I could make a really good software app from his book that would help people implement the techniques taught in his book. I also say that it might be a great thing to offer to his customer list. He says that's a great idea, and sends me a copy of the book.
Then, I spend several months digesting, gleaning, and reorganizing his work. I take several pages, and condense them down to the essential concepts in one or two paragraphs. Out of 15 chapters, I come up with five sections.
I develop the application (foolishly without having agreed upon any details of the deal). I show it to the author, who is impressed. But, negotiations breakdown because we cannot agree on terms or on control of the software product.
So, can I take those same sections, remove the content that is specific to his book, pull content from other books on the same topic to populate the same sections, without violating derivative rights?
Let's pretend the book is on hypnosis. From studying this book, I break the process down into sections: Relaxing, Induction, Positive Suggestions, and Reinforcement. His book actually addresses 15 elements of hypnosis.
These aspects of hypnosis are widely known and commonly accepted and are discussed in many books on hypnosis.
Can the original author claim that I violated derivative rights simply because I began the process with his book, even though the specifics of each section ultimately get pulled from other books?
If so, how can I avoid it?
Answer:
I am not an attorney, but I think you can proceed without
problems; provided, you do not literally copy information
from other copyrighted books, magazines, etc. You will
need to put the information you obtain in your own words
and your own style of writing. Otherwise, you will need
to obtain permission from the copyright owners/holders,
which may or may not involve some type of royalty fee, etc.
As far as the original book, you might have some problems
if the original book is very unique in design and nature.
For example, Microsoft was sued some years ago by Apple
when Microsoft's first version of their Windows operating
system/screens were very similar to Apple's. I don't know/
remember the outcome of the lawsuit.
If it is apparent to the average person that (1) the design
and style of the original book is unique and original, and
(2) your application closely approximates the design and
style of the original book, then you might be subject to
copyright infringment.
If you have seen other books with a similar design and
style, then you are less likely of being subject to copyright
infringement.
Eventually, you will probably want to copyright your software
program/application; therefore, you should go ahead and
contact an attorney. It would be best to show the attorney
(1) the book which gave you the idea for your application, (2)
your existing work and planned work, and (3) any books
similar in design to the book in question.
I am thinking derivative rights only pertain to the actual
title, characters, etc, where it is apparent that you are
trying to make a sell by (1) using the notoriety of another
person's work, and/or (2) making buyers think there is
a connection between your work and another person's
work.