Legal Question in Intellectual Property in California
Can you copywrite a multiple choice question
Is it possible to copywrite a multiple choice question. I plan on using some multiple choice questions from some flashcards but they all say Copywrite 2006 on each of the cards. Does this mean I can't use the questions from the flashcards without permission.
4 Answers from Attorneys
Re: Can you copywrite a multiple choice question
Yes, if the question is an original work of authorship and includes copyrightable subject matter.
Re: Can you copywrite a multiple choice question
In order to use the multiple choice questions from someone else's copyrighted flash card, you can:
a) Get permission.
b) Change the questions and answers so they are slightly different.
c) Copy the entire flash card and risk getting sued.
d) All of the above.
Answer: d) All of the above.
Re: Can you copywrite a multiple choice question
I'd agree that the answer is yes; the message is what controls, not the medium. If you want to re-use the material, you have three choices: Stay within "fair use," get permission from the copyright holder, or modify the form of expression sufficiently so you're not infringing.
Re: Can you copywrite a multiple choice question
You pose an interesting question. If the multiple choice questions are seeking facts as answers, you may not be infringing a copyright. For example, if the question read:
When was the Declaration of Independence written:
(a) 1688
(b) 1776
(c) 1913
(d) 1945,
I would argue the question presupposes an unprotectable fact, i.e., (b) and is not copyrightable. Answers (a), (c) and (d), however, are original expressions and would, I suspect, give a claimant a theory. But you could easily alter the "wrong" answers.