A national trade organization and a testing service have published a book of sample test questions and related math problems. Their solutions are obtuse, confthe using and do not even use the formulas provided on a formula sheet.Can I publish a booklet that uses their math questions but provides meaningful solutions?If I can do this, can I market my book by referring to their publication and indicate the reasons I have prepared it?Thanks,Sam
State/Country relating to question: United States
I have only tried to ask you my question concerning my right to publish a booklet that provides meaningful and clear solutions to the math problems they have used. Their answers are not at all clear - mine are.
This is a gray area in copyright law, but you certainly will be sued. The test prep companies defend against this sort of thing vigorously, as there is a ton of money at stake. They will argue that you made illegal "derivative work" based on their original test. You will argue either that this does not count as derivative work or that this should be excused as "fair use" given your reasons for doing it. The law is unclear on who would win, but they will sue anyway (too much at stake) and you will suffer legal costs. Probably not worth the risk, sorry. Good luck.
Professor of Law at Top-Tier Law School, specializing in patent & copyright
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