Copyright Infringment

[obelkouteb]

I am in Florida.
Evening ladies and gentlemen! I am an SAT tutor and have a question in regards to using the College Board's Online Official SAT. I am trying to develop an Ecourse and want to use authentic questions (from the CB) to help students grasp the strategies by recording (using software that records my PC screen) a breakdown of the test (available online in PDF format on the College Board site). Does this violate the College Board's Copyright? If so, any reccomendations on alternatives; I've been told of Fair Use, but am not sure how this applies. If I wanted to reference a question on video, how would I go about this, so I do not violate any laws?

Location of the test:
https://satonlinecourse.collegeboard.org/SR/digital_assets/assessment/pdf/F4D31AB0-66B4-CE32-00F7-F5405701F413-F.pdf


Copyright Information:
https://www.collegeboard.org/request-form/instructions

 

[quincy]

I am in Florida.
Evening ladies and gentlemen! I am an SAT tutor and have a question in regards to using the College Board's Online Official SAT. I am trying to develop an Ecourse and want to use authentic questions (from the CB) to help students grasp the strategies by recording (using software that records my PC screen) a breakdown of the test (available online in PDF format on the College Board site). Does this violate the College Board's Copyright? If so, any reccomendations on alternatives; I've been told of Fair Use, but am not sure how this applies. If I wanted to reference a question on video, how would I go about this, so I do not violate any laws?

Location of the test:
https://satonlinecourse.collegeboard.org/SR/digital_assets/assessment/pdf/F4D31AB0-66B4-CE32-00F7-F5405701F413-F.pdf


Copyright Information:
https://www.collegeboard.org/request-form/instructions

You read the copyright and trademark permission request instructions?

 

[obelkouteb]

Yes I did and from my understanding, I cannot broadcast their content which is what I am trying to do. Now how can I, if I can, use Fair Use?

Would I be able to quote only the beginning and the end of a sentence without violating their Copyright?

 

[quincy]

I am in Florida.
Evening ladies and gentlemen! I am an SAT tutor and have a question in regards to using the College Board's Online Official SAT. I am trying to develop an Ecourse and want to use authentic questions (from the CB) to help students grasp the strategies by recording (using software that records my PC screen) a breakdown of the test (available online in PDF format on the College Board site). Does this violate the College Board's Copyright? If so, any reccomendations on alternatives; I've been told of Fair Use, but am not sure how this applies. If I wanted to reference a question on video, how would I go about this, so I do not violate any laws?

Location of the test:
https://satonlinecourse.collegeboard.org/SR/digital_assets/assessment/pdf/F4D31AB0-66B4-CE32-00F7-F5405701F413-F.pdf


Copyright Information:
https://www.collegeboard.org/request-form/instructions

Here is a direct link: http://www.collegeboard.org/request-form/instructions

The best way to not violate laws is to get written permission from the owner of the copyrights and trademark prior to use.

 

[obelkouteb]

You read the copyright and trademark permission request instructions?

Here is a direct link: http://www.collegeboard.org/request-form/instructions

The best way to not violate laws is to get written permission from the owner of the copyrights and trademark prior to use.

I am waiting to hear from CB, but am expecting a denial. I just want to consider other options if there are any

 

[quincy]

I am waiting to hear from CB, but am expecting a denial. I just want to consider other options if there are any

From the College Board site: "... no copyrighted material or other College Board content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any manner whatsoever without express written permission from the College Board or copyright owner. Any modification of the content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of the College Board copyrights and other proprietary rights."

You could create your own material as an option, but it seems clear from the terms and conditions of use that you need to get written permission from the College Board to use any of their material. I would wait to hear from the College Board on your request.

Fair use, as a note, is NOT permission to use another's copyrighted material. It is an affirmative defense to using copyrighted material - a defense that may or may not hold up in court if you are sued for infringement.

 

[obelkouteb]

From the College Board site: "... no copyrighted material or other College Board content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any manner whatsoever without express written permission from the College Board or copyright owner. Any modification of the content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of the College Board copyrights and other proprietary rights."

You could create your own material as an option, but it seems clear from the terms and conditions of use that you need to get written permission from the College Board to use any of their material. I would wait to hear from the College Board on your request.

Fair use, as a note, is NOT permission to use another's copyrighted material. It is an affirmative defense to using copyrighted material - a defense that may or may not hold up in court if you are sued for infringement.

Appreciate the response! So I can legally come up with my own sample questions that have the same patterns as CB questions to help students apply this to the actual test, is that right? Can I breakdown a question and reference to students only the Book Edition, Page Number, and Question number?

Ex: Question 2, page number X
A, is incorrect because it is irrelevant
B, is correct because....
C, is.....
D, is....

Again, really appreciate the advice

 

[quincy]

Appreciate the response! So I can legally come up with my own sample questions that have the same patterns as CB questions to help students apply this to the actual test, is that right? Can I breakdown a question and reference to students only the Book Edition, Page Number, and Question number?

Ex: Question 2, page number X
A, is incorrect because it is irrelevant
B, is correct because....
C, is.....
D, is....

Again, really appreciate the advice

I would wait for the College Board to get back to you on your proposed uses of their material.

The practice tests are for use in non-commercial educational settings only. Your test preparation classes are considered commercial.

I located this forum thread which addresses concerns similar to the ones you have, obelkouteb, although the poster in the following thread was teaching math preparation classes. Perhaps you will find the answer provided by divgradcurl helpful to you:
https://forum.freeadvice.com/copyrights-trademarks-39/copyright-protection-math-problems-436072.html