Copyright infringement represents the fixed expression of an idea. If you don't copy the arrangement of another person's ideas, then you are not violating the copyright. But, if for example, your table of contents effectively duplicated the competitor, then that could be an infringement.
Likewise if the look and feel of the product, taken as a whole, could cause confusion in the marketplace as to the source or affiliation of the product, then that could violate both common law trade dress laws as well as statutory unfair and deceptive trade practices.
Actually the deceptive trade practice laws, which are somewhat different in each State jurisdiction, are probably your greatest obsticle. You cannot make the mistake of trading off the goodwill of another's product, by making it appear to be that person's product.
There are fine grades of gray in determining the sort of infringement that you could be sued for. The objective is to not be sued at all, because it's costly to defend. But, if you get close enough to someone else's product, that person may sue you just to try to force you to pay for your defense -- especially if your competitor is a large organization that can afford the litigation fees, whereas you cannot.
Hope this helps.
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Thanks for your response. From what I'd read before asking this question, I think my ideas had dealt with some of these issues. i.e. arranging the ideas as an outline to avoid infringing on the fixed expression of the idea, and calling it "Faux Whatever-The-Original-Name-Was" thereby clearly establishing that it's not affiliated with the actual product. I'm thinking along the lines of cliffs notes, which evidently don't violate copyright.
Your answer implied that the suggestions I put in my question didn't deal well enough with the possible issues at hand. So I guess the real question is: understanding what you know of copyright law, how would you undertake to make a project like this work?
Thanks.
I certainly wouldn't name my competitor in the title -- that's for sure.
Without knowing exactly what you're up to, it's impossible for me to conjecture about what you would want to do in any substantive way.
However, the fundamental issue is that an original creative work is "original." If you are intentionally contaminating yourself by trying to copy someone else's product, you may at least want to put somethings of your own into it. Any insight or idea that provides a useful addition to what is already known about the subject, alters the character of the finished product such that it is "yours."
Anyone can make a margarita. But, a margarita with a little mexican beer for fizz isn't a margarita anymore. If you follow my meaning.
And, that is what makes all the difference.
Yes, I see what you're saying about the title. Even if it purposely differentiates me from the competitor, it draws their attention to me... and like you said, they might sue me just for fun.
Hmmm... would a review of the work, which incorporates the facts presented in the original work be appropriate and "safer", as opposed to simply an outline? It's only the distilled facts that I and my potential readers, would be interested in, after all.... but then more of my own writing would be there as well...
If my work ends up being presented as a review, should I still avoid putting the competitor in the title?
You're asking me to evaluate your creative work, without actually reviewing it. This is a job for an editor, not a lawyer. A review may be better or worse, but it depends on what you're competing with, and how this may differentiate you.
Regardless, I would not use my competitor's name.
Ok. I think I need to totally re-think this idea and maybe ditch it altogether. Despite the whole "facts aren't copyright-able" thing, I may be getting in over my head.
Thanks for the help!
You're welcome and good luck!
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