Am I allowed to write an eBook?

[Venturer]

I am looking for some advice from you experts on the Fastlane forum.

Years ago a friend of mine found a forty years old book with certain exercises to overcome a physical discomfort experienced by many people. The instructions are based on old traditions from the indians of South America. My friend has been using the exercises for a few years now and it appears to helpo him a lot. In the meantime, he has added a few other exercises to his daily program. I hope you will understand that I have to be vague about the exact nature of the exercises.
This friend now wants to write an ebook with instructions for doing the old indian exercises because he is sure that many people can benefit from them and that he can make money by helping these people.

The question he posed to me, is whether he will be violating some form of intellectual property rights of the person who wrote that book (approximately 45 years ago), just by writing a new book about the same old indian exercises. Of course, he will phrase everything differently from how it's phrased and presented in the old book.
I see two potential issues, the strict legal side of his question and the moral side.

As to the legal side: imho the intellectual property rights (if they apply at all) of the exercises don't belong to the writer of the original book and there shouldn't be any problem as long as my friend uses a fully different phrasing and presentation (for example instruction photo's instead of drawings, etc.).

The moral side is a different thing. Thanks to the 45 years old book my friend got to know the ancient exercises. So, one could argue that he owes the man who wrote that book something. However, the book is no longer in print and my friend found out that the writer passed away some 15 years ago. Should my friend try to find the heirs of the writer and offer them a form of royalty even though he will produce an ebook which will differ considerably from the old printed book?

I would be grateful to hear your expert opinions about this case?
Thanks.

 

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[mtnman]

You need to know the difference between a copyright, trademark, and patent and if any apply. More than likely none except for the copyright, as I doubt they developed any physical products or follow up courses to compliment the program back then.

Also, this happens everyday. Almost all work is some variation of a previous work; it's how humans learn. But, ethically, if he uses the same system as taught earlier, you should site the original creator somewhere in the book. Understand that this man who published before you might not even be close to the original creator. Do a little DD and at least uphold your own integrity even if he did not.

There is another way to look at this. Having studied and used the methods for many years, one could start to become a master of that particular discipline themselves. I would think your friend would start to have his own take and improvements on the subject, almost as a master himself after a few more years (think martial arts). You could see if it's possible to assume the position of "trained by Grandmaster whatever...(the previous author, teacher, or creator of the methodology)."

 

[Venturer]

Since these are exercises of the ancient Inca's the exercises themselves can't be protected. The exercises don't require or involve any object (product). So, there is no related product that is patented. That leaves only the copyright.
Although my friend is planning to use completely authentic texts for his ebook, I like your suggestion to cite the author of the 45 year old book.

Yes, my friend developed some add-on exercises and some ways to facilitate the original exercises. So, in that respect his ebook will contain new information as compared to the old printed book. The idea of the master and the Grandmaster is also very good.

Speed++