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Q&A Is anything like the propulsion systems (warp/impulse drives) copyrighted from being use in other sci-fi novels?

Yes, it can be confusing. The basics are simple, through commonly misunderstood, but there are grey area along the borders. The first and most basic rule of copyright is that you cannot copyright...

posted 5y ago by Mark Baker‭  ·  last activity 5y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2020-01-03T20:41:58Z (almost 5 years ago)
Source: https://writers.stackexchange.com/a/48276
License name: CC BY-SA 4.0
License URL: https://creativecommons.org/licenses/by-sa/4.0/
#3: Attribution notice added by user avatar System‭ · 2019-12-08T13:03:33Z (about 5 years ago)
Source: https://writers.stackexchange.com/a/48276
License name: CC BY-SA 4.0
License URL: https://creativecommons.org/licenses/by-sa/4.0/
#2: Initial revision by user avatar System‭ · 2019-12-08T13:03:33Z (about 5 years ago)
Yes, it can be confusing. The basics are simple, through commonly misunderstood, but there are grey area along the borders.

The first and most basic rule of copyright is that you cannot copyright an idea, you can only copyright the _expression_ of an idea. Boy meets girl, boy loses girl, boy gets girl back, is an idea for a story. That same idea has been used a billion times. There is no copyright infringement involved because you can't copyright an idea, only the specific expression of an idea.

Where is begins to get murky are the following areas:

- How big a section constitutes a copyright violation. The word "warp drive" alone is probably not large enough to enjoy protection, but "The engines cann'ae take it, Captain," might well be. Similarly, if you start to see all the same technology names showing up, even if they are just individual words, that might start to raise eyebrows. 

- Is something a derivative work? If you were to write a brand new story obviously derived from Star Trek, even if you did not quote any words from the original, if you called it Star Hike and used Weft Drive, and impetuous engines and fought Stickoffs, it is likely to be deemed a copyright violation because it is so obviously derivative of Star Trek. 

Ultimately, these things are a matter of judgement: the judgement of a judge or jury if someone decides to sue you for copyright infringement.

On the other hand, there is nothing wrong with being inspired by a work. Every successful work tends to spawn a flock of similar works in the same spirit and tone as the original.

Spirit and tone, like ideas, are not copyrightable. Write an original work in the same spirit and tone as Star Trek, and you should be fine. But no one can tell you for certain that simply avoiding the use of a word here or a word there will ensure you never get sued. It does not work that way.

And, as always, if you are worried you are trespassing on the boundaries of the law, consult a lawyer, not a web forum.

#1: Imported from external source by user avatar System‭ · 2019-09-30T17:05:03Z (about 5 years ago)
Original score: 8