DMCA - Are answers to a test copyright?

Dark Cognitive

Dark Cognitive

Goodbye Blue Sky
Feb 18, 2010
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Behind The Wall
One of my sites has just received a DMCA from a publisher who has a series of books, which is basically a test.

My site has all the answers to this test. Specifically in the format of:

1.a
2.b
3.cat
4.dog


etc etc etc. The publisher of the test also claims they hold the copyright to the 'answers' of the test as well, even though the answers i have published on my site are basically my own opinion of what the answers are (they could be wrong answers.)

In any case, the answers were compiled by me - they have not been copied from anywhere else.

So my question is this, if you publish a popular test in a series of books, does the publisher also own the copyright to the answers of that test?


It's obvious that the publisher is just pissed off i'm giving everyone the answers, and thats why he's sent a DMCA... I'd just like to know the legality of it and whether or not he actually holds the rights to the answers.
 


No they can't copyright a factual answer. Just like software is not copyrighted by the math that makes it work.

Now an interpretation could be different -- I'm thinking about like a legal scenario where there are many factors involved and the answer is not so cut and dried.

But 1+1 = 2 is Not copyright-able.
 
Dark Cognitive said:
I just checked, and yes it seems they have their own book with all the answers in it.

My website has the same, or very similar answers, published in a complete different format to their book though.
Click to expand...

Interperse the answers with the publisher's face photoshopped onto goatse & lemonparty pics, and claim it's a parody. Boom. Instant 1st amendment protection*.


*Disclaimer: May not actually work. But would be pretty funny.
 
amateursurgeon said:
Interperse the answers with the publisher's face photoshopped onto goatse & lemonparty pics, and claim it's a parody. Boom. Instant 1st amendment protection*.


*Disclaimer: May not actually work. But would be pretty funny.
Click to expand...


lol, i'd love to do that. Unfortunately my host removed access to the content the moment the DMCA was filed - at least until i file a counter notice.
 
What the larger sites like sparknotes have been doing is calling them user-contributed study guides.

If these are textbooks, you're dealing with some groups who will do whatever they can to get your site down. If the students have easy access to the answers, they have no reason to buy the textbooks. This is why (especially math books) come out with new editions every few years, where the only difference is the problem sets.

It took a coordinated effort by a lot of schools to convince them to wait 3 or 4 years between editions so that the students can sell back their $150 books for $30 instead of $15.
 
Assume you are right find laws opinion and cases to support you. The mere fact you are asking questions in this manner is working against you. It's just business. They are protecting theirs. The smart thing is you do the same. Removing any reference to the book would be the first thing. Plenty of way to address the topic and not mention the book.

Person has a right to be pissed. Figure a more creative way to do what you are doing and still make money. Both of you can make money without screwing over the other.

And certain recipes are protected. However most authors and publishers do not pursue this. But if it is a signature recipe, please believe if the originator finds out about this and knows the law, there will be a court case. And they usually win. (This is why certain recipes (copy/clone) almost always use some variation or leave out an ingredient or mention it in a different manner).

Logic however is not protected. Process and process of such is. More than money, your rights are always worth the effort. Respond in kind. It is business.
 
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