Question Regarding A Copyright Issue

Banned 9 years ago

Does your friend own the copyright?

I'm no lawyer, but if he does, and if he's given you his permission to use it, and if it isn't a derivative work of anything to which anyone else owns the copyright, then it shouldn't be a problem?

I'm confused by the way you mention the pictures he "took from the book"? You also say that he "made the study guide"? I think it's probably a simple question, but I can't quite tell from reading your post "who owns the copyright of what you want to use?" And that's surely what the answer depends on?

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BDazzler

9 years ago

If your friend created the guide himself, he owns the copy right. If he gave you permission, it's to use it. It's better to get that permission in writing. (It cost us about $4K to have a lawyer write one of those things up one time, but it was worth it).

Since he still owns the copyright at the very least, someplace on your web page you need to say: Copyright 2014 by John Doe: Used By permission

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Steve B 9 years ago

Unless you have explicit written permission by the original creator of the work . . . no, you can't use it safely. Same for pictures unless they are in the public domain.

Steve
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TheDreamingTree145

9 years ago

It is a study guide for the MCAT that he created, but he had to learn that information somewhere. The pictures are from books and websites, which I won't be using. I just want to to make sure it wouldn't be breaking copyright because none of they information is cited if that makes sense?

Thanks
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BDazzler

9 years ago

Originally Posted by TheDreamingTree145

It is a study guide for the MCAT that he created, but he had to learn that information somewhere. The pictures are from books and websites, which I won't be using. I just want to to make sure it wouldn't be breaking copyright because none of they information is cited if that makes sense?

I'd look at this and make your choice:
Frequently Asked Questions about Copyright | U.S. Copyright Office

And I'd still get his permission in writing, even if you don't have a lawyer write it up.

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TheDreamingTree145

9 years ago

Here are the words from him as to how the study guide was created

yes, 1) words are my own, 2) my college resources (UGA textbooks and powerpoints from professors) and 3) over simplified paraphrasing from the practice tests/books of AAMC, Kaplan, Gold Standard, The Berkeley Review, The Princeton Review, Columbia Review, ARCO, and Exam Krackers 1001's

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2 replies

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Alexa Smith

Banned 9 years ago

Originally Posted by TheDreamingTree145

over simplified paraphrasing from the practice tests/books of AAMC, Kaplan, Gold Standard, The Berkeley Review, The Princeton Review, Columbia Review, ARCO, and Exam Krackers 1001's

It sounds to me like that part that might well be "derivative work"? I'd be very concerned about that, myself. Paraphrasal has definitely been held to be a breach of copyright. My concern isn't about your friend's copyright: it's about the copyrights of the publishers/authors whose work he's paraphrased. I suspect he may well have produced "derivative work". If he has, that's a problem for you.

Originally Posted by BDazzler

If your friend created the guide himself, he owns the copy right.

Not if what he created contains "derivative work". He may have created something to use himself and not publish, as a revision aid, which was very useful to him privately for the purpose for which he made it, but which might still lead to lawsuits if published elsewhere.

This thread illustrates some of the potential dangers of taking legal advice from those not qualified to offer it, in a forum. And no, I'm not a lawyer, either. But I think that's really who you need answers from.

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Thanks
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BDazzler

9 years ago

Originally Posted by Alexa Smith

It sounds to me like that part that might well be "derivative work"? I'd be very concerned about that, myself. Paraphrasal has definitely been held to be a breach of copyright. My concern isn't about your friend's copyright: it's about the copyrights of the publishers/authors whose work he's paraphrased. I suspect he may well have produced "derivative work". If he has, that's a problem for you.

Not if what he created contains "derivative work". He may have created something to use himself and not publish, as a revision aid, which was very useful to him privately for the purpose for which he made it, but which might still lead to lawsuits if published elsewhere.

This thread illustrates some of the potential dangers of taking legal advice from those not qualified to offer it, in a forum. And no, I'm not a lawyer, either. But I think that's really who you need answers from.

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Good point, which is why we paid $4K when it was us. But I promise if he gets in trouble, I'll refund him every dime he paid for my advise.

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BDazzler

9 years ago

Originally Posted by Alexa Smith

I

Not if what he created contains "derivative work". He may have created something to use himself and not publish, as a revision aid, which was very useful to him privately for the purpose for which he made it, but which might still lead to lawsuits if published elsewhere.

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I stand embarrassed. Ironically I served as an expert witness in a case to prove that a piece was not a derivative work.

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Angshuman Dutta

9 years ago

Originally Posted by TheDreamingTree145

Here are the words from him as to how the study guide was created

yes, 1) words are my own, 2) my college resources (UGA textbooks and powerpoints from professors) and 3) over simplified paraphrasing from the practice tests/books of AAMC, Kaplan, Gold Standard, The Berkeley Review, The Princeton Review, Columbia Review, ARCO, and Exam Krackers 1001's

So, it's most definitely not original work. Believe it or not one of my sites was shut down thanks to a freelancer who used an "inspired" logo for my business.

Here's the thread if you are interested

So, if you are not sure about don't do it. You don't hear them pulling down sites everyday for copyright iussues, but when they do they can be brutal. You'll not only lose your adsense account but might have to pay fines too.

So, be careful.

Thanks

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TheDreamingTree145

9 years ago

Thanks for your help. I'm reading up on it more and it say that facts cannot be copyrighted, so I would think as long as I'm not using the creative images shown to illustrate the facts, I would be ok.

Thanks

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Triplescan

9 years ago

It depends a lot on how he paraphrased, rephrased and cited the other works he used to write his own. If he did it all properly, there should not be any problem. Check with copyscape the eventual issues and if you find similar ideas, that are not cited, on the web, then it's copyright infringement. The main problem with these kind of books is the thin line between: plagiarized-not plagiarized. So, see where your book stands after releasing it online. All the best!

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Question Regarding A Copyright Issue

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