Re: [quizbowl] Re: Value of Question Sets

Suzy and all --
	First off, I am a law student with some background in copyright law,
but I am not a lawyer, and this is not legal advice. I think I'm right, but
that's as much as I'm willing to guarantee.

	The statement you have on the front page is pretty good, and will
probably prevent the Bealls fo the world from ripping you off. I might
rewrite it like this, and if it's easy to do, stick it at the top of every
packet in the archive:

=== Snip! ==
The copyright owners have granted permission for these packets
to be used only for personal, non-commercial purposes or for practices
within an academic competition team. Any other use, including but not
limited to the use of these packets in any academic competition involving
more than one academic competition team, is prohibited without the express
permission of the copyright owner, which is not necessarily the Stanford
College Bowl Club.
=== Snip! ===

A larger issue is the general copyright situation for packets in
packet-submission tournaments. Who owns the copyright to a question? The
question writer? The question writer's team? The tournament sponsor? IS a
question a work-for-hire for the team, which licenses the packet to the
tournament? Is the whole packet a work-for-hire for the tournament sponsor,
in consideration of permission to compete in the tournament?

Who knows?

Since the amount of copyright litigation in the QB community is going to be
EXTREMELY small (I hope), a set of agreed-upon rules will do just as well as
figuring out and codifying everyone's copyright situation. The problem is
not, as far as I know, people deliberately doing things with packets they
know they can't do; it's that people don't know what they can do. A draft
set of packet-distribution rules for packets submitted to tournaments might
be as follows, from what I understand of the community standards:

1.	Submitting a packet to a tournament is granting a perpetual,
exclusive license to use, modify, and redistribute the packet, as well as to
authorize further distribution by other parties. 
2.	Once a packet is submitted to a tournament, no part of it may be
submitted to another tournament or otherwise distributed without the consent
of the tournament sponsor.
3.	Packets distributed by a tournament sponsor may be used at team
practices, but may not be used at any academic competition involving more
than one academic competition team.
4.	Packets distributed by a tournament sponsor may not be copied and
redistributed outside the receiving organization without the consent of the
tournament sponsor.

Comments?

Joe Gratz

On Thu, Oct 31, 2002 at 04:26:43AM -0000, Suzy wrote:
> This is something I'd also be very interested in knowing, for the sake
> of the Stanford Archive.  Whilst redoing the Archive, I put up my
> (hamhanded, uninformed) statement of what I thought the general
> copyright rules were.  I just thought we should go on record as
> saying, "No, it's not ok to charge high school students exorbitant
> amounts of money to play on these questions that have generously been
> made available to us for free."
> 
> I don't think packets default to the public domain even if the
> organization allows them to be posted to the Archive - the situation
> seems to be analogous to content posted in a freely accessible online
> publication.  The copyright owner certainly retains some rights. 
> Since I am nowhere near a lawyer or law student, I'm going to stop
> that train of thought right now before I get further behind.
> 
> That said, if someone who *is* more familiar with legal matters would
> like to help me draft a better statement for the Archive that
> concisely explains what rights the organizations who own the packets
> retain, and what is and is not considered fair use of the packets,
> that would be wonderful.
> 
> suzy

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