Is it a copyright infringement if i write about the same thing??

Hello...

I have to wrtie articles on weightlifting and fitness. General stuff like:

how to lose fat
how to gain muscle mass
healthy diets ect ect

being that theres already a ton of articles about this same subject, can anybody sue me for copyright infringement if they consider my article is too much like theirs?

for example if i write "how to build big biceps" my article will be like every other one written on the same subject...the same principles apply (lift hard/eat big/rest and repeat) and all the "tips" and "tricks" are already out there as common knowledge there is no secret way or revolutionary method...

in short if i really write my own articles and they sound a LOT like other articles but not in the same words is this illegal?...

thanks for any info...

 

try to make it as unique as possible, but as long as its in your own words you'll be alright

 

Yes i don't think you have a problem here, not as though someone can patent the idea on how to build big biceps..Just make sure you rewrite the article in your own words and you won't run into problems!!

 

It's only copyright infringement if you copy the writing word for word. Ideas can't be copyrighted, so it's fine to use the same idea/topic as someone else.

 

just be careful techical side it not but you can get in trouble

 

As others have said, use your own words. Facts cannot be copyrighted.

"In order to lose weight, burn more calories than you take in." I would think something like that would be safe.

 

I'd just like to add that even if some words are swapped, it is still copyright infringement if the layout is the same. Then again, technically, if you never seen the articles and just so happen they are identical to yours, well, it's not copyright infringement. Scary nevertheless and very unlikely.

 

Copyright infringement covers much more than word-for-word copying or just swapping a few words. Derivative works are also covered. That being said, writing about the same subject as somebody else is not copyright infringement.

 

Derivative Works are covered, yes. In order to qualify it has to be different enough from the original work.

 

A derivative work can be almost completely different from the original, however, in order to be a derivative work one must use the original work to create the secondary work.

1) Person A writes an article. Person B then rewrites the article, swapping sentences and replacing every word possible with a synonym. This is still a derivative work and illegal. The more the original work is changed the harder it will be to prove.

2) Person A writes an article. Person B also writes an article at the same time on the same topic and the articles are almost identical. This is not infringement. However, even though under the law this is true, depending on the timing of the articles (and whether Person B can show he never saw article A), it could be easier to get a judge to rule infringement in this example than in example 1.

Just remember, it is not the topic but the content itself that determines infringement. If I take somebody else's article and just change the topic (but leave the rest of the content the same) then I have still created a derivative work.

A derivative work can be as simple as changing a few words to an entire rewrite. As long as you do your own research and writting you should be fine atvking. To be sure, either do the research personally or use multiple other sources (not just one) in order to write your articles.

 

When you say "topic" are you referring to the title or the subject matter?

 

Subject matter. For example, you write an article about cars and the wording is good enough for me to change cars to motorcycles without changing anything else.

 

It won't be copyrightable for certain. To be considered Derivative the work has to be distinct enough. Swapping words doesn't create anything new.

 

There is soooo much info on those topics on the Internet. You will be alright as soon as you generate your own articles. People may be more intrested in some new researches other than pure advertisement.

 

My point was that your first post made it seem that if you did more than swap a few words then it is okay. It may not have been your intent, but in any event that is not true. If I take an article you have written and swap every word with a synonym and rearrange sentences then all I have done is create a derivative work, which is illegal unless I have your permission. The right to create derivative works is with the original author. Article rewrites are copyright infringement (though harder to prove than straight copying).

 

how does one know the difference?

for example you write "how to make an omlet"

and i write the same article only "how to make scrambled eggs"

is this infringement?...its the absolute same text only with different words the process is the same everywhere?...

 

Copyright law is not an exact science. If two articles are written completely independent of each other but are exactly the same then it is not infringement. The trick here, of course, is the second person being able to prove the article was not copied or used. However, even if two articles are very different one can be infringing if it used the content of the first article to make the content of the second article. Depending on the amount of change it becomes harder for the first person to prove the infringement.

So theoretically, there could be situations where there is no infringement but the second person has a hard time proving it and other situations where there is total infringement but it is hard for the first person to prove. Those are the extremes of the law and unlikely. Two people writting about the same topic are not likely to write articles similar enough to be considered infringement if they have not had some influence from each other.

You also have to take into account what is actually copyrightable. Facts are not copyrightable. So if you are writting an article about what studies show is the best way to work your abs, chances are most of the material is not copyrightable. Recipes are also not copyrightable (though commentary on a recipe is). If you write in your own voice and use multiple sources to do your research then you should be fine.

I never say you will be fine because anything is possible. But if you write responsibly you shouldn't have anything to worry about. People write about the same topics all the time without problems. Like I said, write in your own voice, express your own opinions and use multiple sources (unless it is a review of a specific article, then you can use just the one, though even at that it would help to have other sources to back your critique.

As clear as I can be, if you rewrite another article it is infringement. If you independently write an article that happens to strongly resmble another article then it is not infringement.

 

Here's a quote from the post in question:

I hope that clarifies what I said a bit.

 

My contention was over the "...even if some words..." part. When it more like "...even if all words...". That's all I'm saying.

 

Well, if all words were swapped it wouldn't be copyright infringement.

My statement is true, however. I was simply pointing out that even if a few words were changed that would still be illegal. Anyway, I know what you were saying.