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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11745
Experience:  30 years as a practising solicitor.
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I'm seeking written response to copyright issues that i am

Resolved Question:

I'm seeking written response to copyright issues that i am coming across.I'm a new forming company who will deliver 11+ Online programme to train and educate children from year 5 to sit the CSSE (body who administers test for over 5000 children in Essex) Exam which the sit to get into Grammar School.My questions are:
1. Can I use comprehension passages on my internet programme without seeking permission from the publishers, as long as I give them credit by including publisher, author and link to where I picked up the passage?2. The CSSE have a yearly exam. In that exam they have a question around continuous writing ( Describe in 5/6 sentences how to brush teeth?) They do not provide any answers to these questions and also state there are no model answers available. Can I use the same question on my online programme?3. Can I include a statement on my website such asLearn 11+ Online have examined and analysed the last 3 years (2015-2017) of CSSE Exam papers to arrive at our "Hard Rating' difficulty (appropriate mix of Level1, Level2 and Level3 questions). We believe, in our opinion, that our 'Hard Rating' difficulty is comparable to the CSSE Exam, based on Learn 11+ Online's analysis of the last 3 years of Exams.We are NOT affiliated in any way with the CSSE and we have not approached the CSSE to seek their endorsement for our 'Hard Rating' or anything else relating to our 11+ Online programme
Submitted: 6 months ago.
Category: Law
Expert:  JGM replied 6 months ago.

I hope that helps. 1. From your narrative the exclusions in sections 32 and /or 33 of the Copyright Deigns and Patents Act 1988 may apply. Read these sections carefully and revert to me. You may have a problem with section 32 of you are charging commercial fees. 2. A question such as thatvwould not be termed a literary work and so would not be subject to copyright. 3. There is nothing to prevent you putting this statement on your website. I hope that help. Please leave a positive rating so that I am credited for my time.

Customer: replied 6 months ago.
Dear JGM,Firstly, please send me your response to my email address which is***@******.***With regards ***** ***** I have asked this questions before on this site and was informed I would be ok if I was only using on the internet and not bulk printing. So rather than myself reading sections of Law I would like you to clarify point 1 much better please. Point 2 I am in agreement with you but want to re-confirm the CSSE claim this is copyright and you cannot use. Please re-confirm even if the CSSE have this printed in their paper that I can still use, especially since there are no answers to this question? 3. I agree.Nadeem
Customer: replied 6 months ago.
Dear JGM,I did select the box for now and detailed response when I purchased the question. Can you please indicate when you are likely to respond please?Regards
Nadeem
Expert:  JGM replied 6 months ago.

1. If you are using copyright material you are in breach of copyright unless you fall into the education or exam provisions of the sections Inhave cited and if you are running a business you should be aware of these. In the absence of your commenting on these sections, my answer is that you are likely to be in breach of the Act. The fact that is on the internet is irrelevant. The internet isn't exempt from the law of copyright. 2. I don't agree that these questions are subject to copyright unless you use them altogether as part of a paper that the organisation hasn't written.

Customer: replied 6 months ago.
Answers 2 and 3 have been answered. thanks you.For clarity, I am educating the children. Please see my statement on About us (does this fall outside the copyright law):Our GoalsWe want to enhance every child’s ability level in Maths and English in the first instance. Secondly, we want to assist those children who aspire to take the11+ Exam, and have an ambition to secure a Grammar School place in the county of Essex. For these children we have developed the hard rating, which, in our opinion, is similar to the 11+ exams undertaken for the past 3 years. We also aim to develop a very hard rating around the summer of 2018.
Expert:  JGM replied 6 months ago.

Are you doing this commercially for money?

Customer: replied 6 months ago.
if this breaches copyright. What are the consequences if I publish and give credit and the publisher, what can they do as trying to get permission is a nightmare and i have tried they just don't respond to emails.
Customer: replied 6 months ago.
2. I don't agree that these questions are subject to copyright unless you use them altogether as part of a paper that the organisation hasn't written.Upon reading this response again are you saying if I include the question as part of a paper that I make up I will breach copyright?
Customer: replied 6 months ago.
If I altered the question as part of a paper that I made up would that be acceptable? For example:Original Question: Write down, in 5 or 6 sentences, instructions for a younger brother, sister or friend on how to clean their teeth.Amended Question: Write a paragraph, using full range of punctuation, grammar, spelling and vocabulary to describe how you brush your teeth at night before going to bed?
Expert:  JGM replied 6 months ago.

There probably aren't any as they are unlikely to sue for using small exerpts where credit is given. As regards ***** ***** am saying that if you use the whole series of questions as one work you could encounter difficulties. However one question in isolation is unlikely to breach copyright a question is a question and you are right you could reword. However, how hard is it just to make these up yourself anyway?

Customer: replied 6 months ago.
They are not hard but parents expect to be able to at least know how to answer past exam papers written by the CSSE.
They have answers to maths and English which is not the issue. Parents don't know what a model answer looks like for continuous writing which equates to 25% of the paper.What I want to do is take the question as its written and included a model answer either:1. In my English Guidance to parents and children; or
2. Include the question as its written or amended into my own constructed paper for English (not same as CSSE)
Customer: replied 6 months ago.
What do you think is best or any?
Expert:  JGM replied 6 months ago.

Amend the question as necessary and provide the model answer which I presume will be your work in any event.

Customer: replied 6 months ago.
it will beThe only thing they can come back to me is that we claim you used same subject matter
Expert:  JGM replied 6 months ago.

Subject matter cannot be copyright.

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Customer: replied 6 months ago.
Thanks for you help and assistance.I just need a copy of this transcript. How do I get it?I will then complete the review and submit.
Customer: replied 6 months ago.
Thanks I have managed it.Regards
Nadeem