Legal Question in Intellectual Property in Massachusetts

My question is about copyright law applied to small samples of text (500-600 words) used as practice passages for test prep books. Specifically, I'm writing a manual to teach students the MCAT -- the test to get into medical school. The students have to read short, confusing texts having nothing to do with medicine and answer comprehension questions. I excerpted 580 words from a 26-page article on liability insurance for businesses, since this is a topic far removed from medicine; the entire original article is available online for free in at least 2 places (one the site for the business journal that published it). I added multiple-choice comprehension questions. The agency that handles copyright for this journal told me it will cost $300 *per year* to license the use of this article to include in a published MCAT test prep manual. Is my proposed usage arguably fair use or do I have to leave this practice passage out (since I can't see paying $300 per year)? If you can also comment on the legality of similar excerpting from other large works I'd appreciate it.


Asked on 2/08/10, 11:15 am

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Having once sought permission, you are wearing the black hat if you then decide that the owner's terms are too rich for your blood and you try to get it for nothing. Not clearly fair use, and you risk statutory damages plus attorneys' fees if you are on the losing side (to say nothing of having to spend upwards of $250k to mount a defense in federal court). Find something else, in the public domain, to use in your manual.

Best wishes,

LDWG

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Answered on 2/13/10, 4:37 pm


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