Toledo, OH asked in Copyright and Intellectual Property for Ohio

Q: is it copy right infringement if I change all of the words and numbers from college exams and profit of off it?

The university exams are copyrighted by professors. I am planning on altering all the numbers, words and images before I start selling them online.

3 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: It could be infringement. Access + similarity = infringement. If the professors have registered copyrights in those exams with the US Copyright Office, they can seek statutory damages for each item infringed. 17 US Code Section 504(C)(2): "In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."

R. Scott Patterson
R. Scott Patterson
Answered
  • Zanesville, OH
  • Licensed in Ohio

A: You are essentially talking about paraphrasing someone else's writings. There is not a blanket or pat answer to your question, operating in a vacuum. I would not engage in any for profit enterprise of the nature you described without first showing a copyright attorney your paraphrased or derivative work, as well as the original copyrighted materials. Then the attorney will be in a position to offer sound legal advice.

Griffin Klema
Griffin Klema
Answered
  • Intellectual Property Lawyer
  • Tampa, FL

A: I partially agree with the other attorneys.

With respect to Mr. Jaap's answer, one clarification I would offer is that a copyright registration is not the right, it's just evidence of a right. The copyright (as an intellectual property asset) comes into being at the moment of creation, and a registration does not change that. Instead, a copyright registration just demonstrates the existence of a claim to a copyright, and it is also necessary prerequisite before filing an infringement lawsuit. So even if the professors have not registered a copyright in their exams, they still likely have a copyright to them.

As for Mr. Patterson's answer, I add a clarification that yes, you might be able to protect the materials you created through copyright. Derivative use and alteration can give rise to an independent copyright, separate and apart from the source material. That all depends on how similar your work is to the material that inspired you. And that is a fact-intensive question.

At bottom, I agree that you would be well advised to seek the counsel of an attorney before trying to sell your materials, otherwise you may be facing a lawsuit for copyright infringement. Lawsuits can be expensive to defend, so it is wise to ensure you are on solid ground before proceeding with your new business venture.

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