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Ben Jones
Ben Jones, UK Lawyer
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Hi I wonder if you could help me. I want to produce videos

Resolved Question:

Hi I wonder if you could help me. I want to produce videos and a phone app to demonstrate how to answer specific questions from GCE mathematics examinations from various exam boards. Is this a copyright issue due to the fact I am using actual exam questions
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Where will you obtain the questions from?

Customer: Hi Ben I will be taking the questions direct from the edexcel or aqa past examination papers
Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

There is a potential copyright issue here because the questions could be classified as copyrighted material as they would be a literary piece of work created by an individual with such work being original, and exhibiting a degree of labour, skill or judgement.


 


In these circumstances copyright is automatically granted on the creator of the work and it is not necessary for it to be registered anywhere or for any copyright notices to be published alongside the work.


 


So the key is whether the questions were originally created by someone, with the copyright most likely belonging to their employer, that being the specific examining board or the government department responsible for publishing these tests.


 


Therefore there is the likelihood that if you were then to use these questions in a business opportunity, or simply in any unauthorised way without the copyright holder’s consent, you could be in breach of copyright. The copyright does expire after some time but we are talking over 70 years from the death of the author so highly unlikely it would be the case here just yet.


 


To be on the safe side you should approach the individual exam boards responsible for publishing the questions and seek their permission to use their material for the purposes you intend to.

Customer: For Ben jones Could I then make up my own questions and claim that they are similar to the actual questions given by the exam boards
Ben Jones :

yes you could. The risk there is if they are too similar it could amount to 'derivative work' which can also be a copyright breach but that would depend on someone actually hunting for the similarities and showing that it was obvious you had based your question on their copyrighted work. So if you change the wording and values sufficiently it should be ok. Also you should remember that it is impossible in some respects to make maths questions that different because they all follow established principles that cannot really be changed so it would make someone claiming it was a copyright breach even more difficult

Customer: Thank you Very much Ben I am most grateful
Ben Jones :

you are most welcome, best of luck with your venture

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46760
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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