Legal Question in Intellectual Property in Michigan

Use of published material by a consultant

A consultant wishes to use a questionaire format published in a book. She copies the format (not verbatim, but close to it) into an electronic document which she creates. The form is a process guide used by the consultant, and is not mass-produced, although she hands out a small number of copies to assist her in marketing her services.

She later discovers that the publisher of the book licenses for a fee forms similar to what she created.

Is it acceptable for the consultant to use the form she created from the published work? Is the fact that she generates income and business from use of the form relevant?

Thank you.


Asked on 7/17/03, 3:28 pm

2 Answers from Attorneys

Re: Use of published material by a consultant

The question is whether or not you have infringed the copyright of the publisher. In order to answer this, an intellectual property attorney would have to analyze how similar your form is to the material in the book and, potentially, the author's form.

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Answered on 7/17/03, 4:59 pm
Regina Mullen Legal Data Services, PLC

Re: Use of published material by a consultant

You can take a short-cut to a lot of legal action and inquire about using the form from the publisher. Once you get a release (it can't cost that much). Then, you can use it without worry.

If you don't want to pay for it, then you'll have to change a fair amount of it to avoid a probable finding of infringement. There's nothing wrong with using it for inspiration, but you can't take a significant part of it and publish that information to third parties. Of course, you can use it for yourself, the problem only comes when you use it outside of fair use. Profit-making is usually outside of fair use.

If you consult an attorney, I would make the form your own as much as possible, then simply get a legal opinion as to whether or not your version is likely to infringe. It's not like trademark or other intellectgual proerty, because ideas can't be copywritten, only the form of the publication.

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Answered on 7/17/03, 7:54 pm


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