My intructor provided our review class with samples of years worth of collected questions and answeres. This information came from past students who have taken the license exam and have remembered a question here & there. I kept this info & four years later, I am in need in a little extra money to help bring down my student loans. Therefore, I thought of creating an e-book. I was planning on writing an advice ebook from experienced licensed massage therapist to future LMT, including a section with these raw Q&A. I would make it clear where the questions came from in my writing. My question is, after I gather the information into an e-book, how can I publish and sell it legally? How do I explain where the information came from? provide references? Would I even have to?? Thanks.I believe his purpose in doing so was to provide some insight into the Exam and help prepare students for the testing in their school. As is my intent too. Information gathered, were by paranoid students who have already taken the exam but wanted reassurance that they had answered correctly, therefore they will actually remember questions and answer options. I was once this paranoid student myself. For example, Which hypertonic muscle might result in rotation of the ilium causing a functional short leg? a)biceps femoris, b)iliopsoas, c)rectus abdominis or d)gleuteus medius; this is Q&A from my own memory when I took the exam for years ago. The e-book I plan to write are experiences from a licensed professional aiming to recently graduated students waiting to take the exam. Can I include the question above into my writing or provide it as an extension free of charge?
If those individuals helped you recall questions and answers knowing what you were doing with the information, then you'd be less likely to have a problem. The struggle, it seems to me, is that your instructor is providing material for the book and you've not chatted or received permission from him. Big problem.
I'm not your attorney; my answer to your question includes assumptions. If you want me to be your attorney, I'm easy to find.
Let's restate the facts: A person [your Instructor] asked some people if they could remember the questions on an examination they took. He then wrote down the questions remembered. He thought about those questions, came up with the answers, and wrote his answers down. He then distributed to you a handout containing those questions and answers. And you want to publish them in a book that you intend to sell. No way.
Nearly all writings are protected by copyright law -- including test questions and answers. In this case, the organization that created the test owns the copyright in the questions on its test and the Instructor owns the copyright in his answers. You'd have to get a license from both to lawfully include the questions and answers in your book.
Moreover, if the questions were part of a licensing examination and you're licensed by that organization [or a state agency that relies on that organization to grant its own license] then it's likely a violation of the organization's rules for you to publish its test questions and answers. Which could put your license in jeopardy.
There are likely other facts in play, however, that could change this analysis. Only your own attorney can gather them and provide you with actionable advice. Good luck. And good initiative.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
I don't really understand your question. If you're writing a book, you can copyright it.
If you're lifting other people's material, and putting it in your book, you can't do that.
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