Copyright of exams and related study guides

[lilgodwin]

I'm a Florida resident residing currently in California (only til the end of next year then I should be back in Florida).

I've seen a few threads quite similar to what I'm about to post, so I do apologize if you feel as though they're total repeats. But, with what little I know about law related topics, everything seems to be a case by case basis. That is to say that one small difference can turn things from one side of the law to another.

I'm interested in creating products (to sell for a profit) that are to be used as study guides for various tests/exams. Think of any career oriented exam and, in theory, I would like to be able to cover it. For the most part, there are various websites and study materials out there for practically every exam you can think of. A few examples of tests would be Engineering (FE and PE), SAT, ACT, LSAT, GRE, and ASVAB. Many of these, that I've seen so far, have an abundance of materials. Some of these materials are free to the public to use (such as websites that offer practice questions), and of course there are the paid-for study guide books, some of which are only full of questions/answers that seem to come straight from the tests.

How can I safely go about looking at these materials and creating my own study guides?

#1: I feel like each exam would be a different case on its own in respect to making sure I'm not infringing on someone's copyrights. For instance, I have my Masters in Civil Engineering, and I've taken the FE. With my knowledge in the field, and the ability to look at current study materials and completely understand the topics provided, would I not be able to create questions and answer banks to use as a marketable product? Granted, many of the concepts are straight forward and would be very similar to current questions/answers out there already. It'd be impossible to pick up two books for the same exam (in any field), and not have any questions that appear to be copies. But, unlike some other threads I've read, I'd truthfully want to create my own question/answer banks. How is this done without appearing to be copyrighting from current materials? When in fact, I don't believe I would be (infringing upon copyrighting).

#2: In a different scenario, say there's a topic of study that's much more common, such as a class in Statistics. These principles are common knowledge, no? At least, to those who have completed high school, and even some basic college classes I'm sure. Is this a different case than the above due to topic and according to some term I'm sure I'm not familiar with. Common knowledge maybe? Fair use or something else I think I read somewhere?

#3: On a third scenario, same as scenario #1, except pretend I'm NOT an engineer. So, while the information may be freely available and all that jazz, I *don't* have the knowledge in engineering and would still like to pursue in creating a study guide from various products out there. The idea, in my eyes, is the same. But, then again, that's why I'm seeking advice.

#4: As a martial artist (also something I'm knowledgeable in) in various styles, I would also like to create a product that's pretty much a study guide for various belt levels in a particular style that I think would benefit from such a product. Are techniques, forms, etc. in any given style of martial arts copyrightable? Is there any reason to believe that this, aside from the other 3 scenarios, would cause any issues for me legally?

I hope I explained myself clearly, and I hope that it's known by now that I intend to do things right. But, I'm obviously hoping that the answer is "Proceed! Nothing you've explained should give you any concern in regards to copyright infringement." And equally as obvious, I'm sure that I won't receive that answer. I plan to seek actual professional advice from an IP Lawyer, but beforehand, I'd like have more confidence as to which side of the law the above mentioned methods would reside.

Thanks for reading!

 

[quincy]

I'm interested in creating products (to sell for a profit) that are to be used as study guides for various tests/exams. ... A few examples of tests would be Engineering (FE and PE), SAT, ACT, LSAT, GRE, and ASVAB. ... Some of these materials are free to the public to use (such as websites that offer practice questions), and of course there are the paid-for study guide books, some of which are only full of questions/answers that seem to come straight from the tests.

How can I safely go about looking at these materials and creating my own study guides?

The safest way to go about creating your own study guides is to read not only the tests, making note of the subject matter covered in the tests, but also read from several different sources about the subject matter covered in the test. Create your own questions based on ALL of your source material. Write your questions based on the subject matter. Do not copy or modify any test questions or answers for use in your own guides.

#1: I feel like each exam would be a different case on its own in respect to making sure I'm not infringing on someone's copyrights. For instance, I have my Masters in Civil Engineering, and I've taken the FE. With my knowledge in the field, and the ability to look at current study materials and completely understand the topics provided, would I not be able to create questions and answer banks to use as a marketable product? Granted, many of the concepts are straight forward and would be very similar to current questions/answers out there already. It'd be impossible to pick up two books for the same exam (in any field), and not have any questions that appear to be copies. But, unlike some other threads I've read, I'd truthfully want to create my own question/answer banks. How is this done without appearing to be copyrighting from current materials? When in fact, I don't believe I would be (infringing upon copyrighting).

Try to forget the questions you read in the copyrighted exams. Come up with different, original questions that cover the same material. This is not unlike writing a paper for a college course. You take several sources and compose your own paper based on the knowledge you acquired from reading the source material.

#2: In a different scenario, say there's a topic of study that's much more common, such as a class in Statistics. These principles are common knowledge, no? At least, to those who have completed high school, and even some basic college classes I'm sure. Is this a different case than the above due to topic and according to some term I'm sure I'm not familiar with. Common knowledge maybe? Fair use or something else I think I read somewhere?

Facts and ideas are not copyrightable. You can use the same facts that you find in tests (for example: 1+1=2). Anything original and creative that you find in the test, including the order of the questions and how they are worded, will be rights-protected.

#3: On a third scenario, same as scenario #1, except pretend I'm NOT an engineer. So, while the information may be freely available and all that jazz, I *don't* have the knowledge in engineering and would still like to pursue in creating a study guide from various products out there. The idea, in my eyes, is the same. But, then again, that's why I'm seeking advice.

If you are going to write a study guide, you need to know the subject. Read and learn and then write down what you've learned (in your own words). Make notes of what you run across in your reading that you consider the vital points. Or underline/highlight the key points in what you read. Create your test questions from these sources. Only after you have created your own questions from the same subject matter covered in the tests should you check the test's questions to see if you have covered the same material.

#4: As a martial artist (also something I'm knowledgeable in) in various styles, I would also like to create a product that's pretty much a study guide for various belt levels in a particular style that I think would benefit from such a product. Are techniques, forms, etc. in any given style of martial arts copyrightable? Is there any reason to believe that this, aside from the other 3 scenarios, would cause any issues for me legally?

Some techniques and forms can be protectable, yes. Depending on what exactly you intend to use, and how you intend to use it, you could have some legal issues to deal with.

I hope I explained myself clearly, and I hope that it's known by now that I intend to do things right. But, I'm obviously hoping that the answer is "Proceed! Nothing you've explained should give you any concern in regards to copyright infringement." And equally as obvious, I'm sure that I won't receive that answer. I plan to seek actual professional advice from an IP Lawyer, but beforehand, I'd like have more confidence as to which side of the law the above mentioned methods would reside. ...

Sorry but I am not going to say "Proceed!"

I think your plans to sit down with an IP professional in your area is smart. It is certainly what I would recommend. You will want to have a personal review of your own study guides, and a comparison of your guides to the tests and guides on the market, prior to thoughts of publication.

Good luck, lilgodwin.

 

[lilgodwin]

Quincy, thank you so much for such a quick reply, as well as some extremely useful information and a seemingly professional opinion, respectful at the very least. I truly appreciate you taking the time to read through my concerns and give honest feedback. I'm sure I'll definitely go the route of an IP Lawyer, but the more I feel comfortable with prior to meeting with one, the less time I'll have to spend (and less money) on said lawyer. I'll keep looking through sources for information to get a better understanding, but I'll definitely keep your info in regards while setting things up. You rock.

 

[quincy]

Quincy, thank you so much for such a quick reply, as well as some extremely useful information and a seemingly professional opinion, respectful at the very least. I truly appreciate you taking the time to read through my concerns and give honest feedback. I'm sure I'll definitely go the route of an IP Lawyer, but the more I feel comfortable with prior to meeting with one, the less time I'll have to spend (and less money) on said lawyer. I'll keep looking through sources for information to get a better understanding, but I'll definitely keep your info in regards while setting things up. You rock.

I think you are smart to become educated about the different legal issues that can arise with your business plans before sitting down with the IP lawyer. It saves him from having to explain the basics and that, as you note, will save you money.

Thank you for the thanks. Good luck with your study guides, lilgodwin.

 

[lilgodwin]

Thanks Quincy. One last thing, I think. What is your experience with IP law? Just so I can gauge how credible your information may be. It seems like sound info, that's for sure. But just because it's on the internet, doesn't mean it's true, haha.

 

[quincy]

Thanks Quincy. One last thing, I think. What is your experience with IP law? Just so I can gauge how credible your information may be. It seems like sound info, that's for sure. But just because it's on the internet, doesn't mean it's true, haha.

What I have presented to you is sound information but I suggest you re-read the Terms and Conditions on this site and take from them what you will.

You know the most important fact already. Just because something is on the internet doesn't make it true. Knowing that, you should be able to easily accept that you should never rely on anyone's advice on a legal forum, regardless of their credentials, unless the advice they offer is to seek out the help of an attorney in your area (that is good advice).

While you can usually rely on case law that is linked or quoted and you can usually rely on current laws that are linked or quoted, the sources of ALL information should always be checked, whether the information is gathered online, on TV, from a book or from a newspaper. Knowing the source of the information can help you assess its reliability and can help you understand the biases that might be present in the content.

For personal legal problems, however, no information provided and no advice offered will be more reliable or credible than the information and advice you receive from an attorney you see who is licensed to practice in your own jurisdiction and who has the ability to personally review all of the specific facts of your situation.

I know this does not really answer your question.