Ask a Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Where will you obtain the questions from?
ok thanks let me get my response ready please
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.
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
you are most welcome, best of luck with your venture