QUESTION
Can I use the exam questions from a book published by an educational company to earn money?
Asked on Sep 01st, 2014 on Intellectual Property - California
More details to this question:
If I want to start a new company aiming for test preparation like SAT, GMAT or LSAT tests, can I use the published or online materials such as books, questions, etc from ETS to generate profits? If not, can I use the questions I made up by myself that is similar to the real test questions? I know it is illegal to publish out their questions without permission. But is it still illegal to just use them as class materials?
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
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Hayes Soloway P.C.
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The standardized exams are protected under copyright law. Whether you are copying the questions verbatim or making your own based on the questions is not unlike copying the music exactly or making your own music based on someone else's, your actions can still result in copyright infringement.
Whether you publish the questions online or just to a select group of students, whether you operate for free or for profits, these are choices that could impact a fair use defense. Before you get yourself in trouble, you may want to speak with a copyright attorney and have them review a sample of exactly what you intend to do so that you can calculate your risk.
Good luck,
Todd
Answered on Sep 02nd, 2014 at 6:40 AM