Legal Question in Intellectual Property in Texas

Example of Copyright Infringement?

here is a hypothetical situation: a person wants to write a math book and they find a book already on the market and in print that they like. from the book they like they recopy it, dropping out all explanatory text but keeping all the actual equations, examples, problems (with the exception that with word problems names like ''tommy and sheila'' are changed to ''jimmy and kate'') in the exact same as the order original book.

now, nobody ''owns'' numbers and math problems probably(?) demonstrate a limited amount of original ''creativity'' so is this copyright infringement?


Asked on 12/15/04, 3:56 pm

3 Answers from Attorneys
Trang Tran Tran Law Firm L.L.P.

Re: Example of Copyright Infringement?

I agree with my bretherens. Rather than try to circumvent the copyright, contact the owner of the copyright directly and ask them to give you permission in writing. Alternatively, you can contact a licensing organization such as those listed on the U.S. Copyright Office. http://www.copyright.gov/resces.html

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Answered on 1/07/05, 11:01 am
Peter Bradie Bradie, Bradie & Bradie

Re: Example of Copyright Infringement?

Hypothetically you'd better have $100,000 for the statutory penalty just in case the courts find a deliberate infringement.

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Answered on 12/15/04, 5:02 pm
Roger Evans Mathis & Donheiser

Re: Example of Copyright Infringement?

This is about as clear a case of infringement as one could imagine. Copyright does not protect ideas, but it does protecte the expression of the ideas. In other words, you cannot copyright the idea of "addition," but you can copyright the tools by which it is taught. Using the calculations alone might not violate copyright law (although it could), but copying the word problems and simply changing the names of the people in them sure sounds like infringement to me.

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Answered on 12/15/04, 5:14 pm


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