Legal Question in Technology Law in New York

Information used from published books used in computer software

I am developing a software program and I am using some information from a publsihed book in the program. I am wondering if there is some copywrite infringement problems or what not??


Asked on 10/29/07, 11:21 am

2 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: Information used from published books used in computer software

There is - unless the content is in the public domain.

It would be far better for someone needing exemplars to create her own content, or choose something that is in the public domain.

The other option is to seek a license for the copyrighted material.

Including copyrighted material without the consent of the owner is copyright infringement.

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Answered on 10/29/07, 12:00 pm
Gerry Elman Elman Technology Law, P.C.

Re: Information used from published books used in computer software

It depends on what you mean by "information from a published book." If you are just using underlying facts from the book, and revising it so that the expression is yours, then it wouldn't be subject to the publisher's or author's copyright. However, it's more likely that you're asking whether copyright would prevent your making a literal copy of an excerpt from the book. And the answer is that unless the book was published before 1923, you should consider that it's probably subject to copyright in the U.S. Unless your use would qualify under the strictures of "fair use," then, yes, copyright infringement is a real possibility to be taken seriously.

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Answered on 10/29/07, 6:27 pm


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