Re: derivative work-copyright violation perhaps

[Gail Smith <ladyhunsdon@EARTHLINK.NET>]

Cheryl King wrote:

> I would rather someone like Carol Simpson weigh in on the issue of
> making tests for AR, etc., but my thought is that it would be a
> copyright violation because only the copyright holder has the right
> to make a derivative work and reap the profit from it --i.e.
> questions based on a book would be a derivative work.
>
I would also like to hear from an expert on copyright since a test, or any
other activity we make related to a book has never been what I thought was a
derivative work.  If indeed it is a derivative, then most everything we do
would in some way be a copyright violation.

As far as Renaissance Learning goes, I did check my manual, as it was
suggested that they might claim ownership of any tests entered into
Accelerated Reader.  I find nothing of that sort anywhere in the
documentation. I just don't see how they can claim copyright violation in
any way, since  even if it is some sort of derivative, it can only be a
derivative of the book, not of Accelerated Reader.  They cannot claim
intellectual property rights on the format of a multiple choice test, or
even a computerized multiple choice test, both of which existed long before
they did.

It sounds to me as if they are just using copyright as a ploy, knowing that
librarians as a group tend to respect copyright, rather than just telling us
that they don't want us to damage their profit structure.  I don't know for
sure what the legalities of selling tests would be, but I cannot see how it
could violate anything (except corporate profits) if we were to share tests
at no charge.


--
Gail Smith, Librarian and Technology Coordinator
Edison Regional Gifted Center, Chicago
gsmith@edison.cps.k12.il.us

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