Re: Legal Aspects of Quizbowl

Well, here are my several cents…

"1) Who own the reproduction rights to written questions, if 
anyone?  Particularly, to events in which each team is required to 
submit a packet of questions? Are questions copyrighted?"

Questions, whoever wrote them, are copyright protected. The old 
rule was that the copyright needed to be registered and that 
there needed to be a notice on the text saying they were 
protected by copyright. Since the ratification of the Berne 
Convention, those formality requirements have been abolished.  
The above formalities would be required to initiate a lawsuit for 
copyright infringement, but those may be undertaken at any time, 
including after any alleged infringement takes place. 

It is important to remember that the actual facts in the questions 
are mere ideas rather than expression and are not 
copyrightable. No person or company can "own" the right to say 
that Topeka is the capital of Kansas. The bar for what constitutes 
expression is very low, but courts have ruled specifically that a 
mere list of names as in a phone book is not expression and 
that a list of results of sporting events is not expression.  

(Another thing. "Formats" are not copyrightable. This comes up a 
good deal in academic competition, since College Bowl 
Company, Inc. has at times asserted that other academic 
competition entities are violating their copyright by running 
tournaments with rules they deem too similar to theirs or based 
on their ideas.  Game systems have sometimes received 
_patent_ protection, but patent law is a whole different ballgame 
with a different set of standards.) 

It's never really been settled who owns reproduction rights to 
submitted questions to independent tournaments.  Some 
tournaments have explicitly arranged to own questions upon 
submission for tournaments, others have not. In theory the 
author of each individual question owns said question until 
those rights are waived. In practice it has made little difference, 
but the standard  practice of selling a tournament's questions for 
use in future internal practices, with the profits going to the 
tournament host, seems to indicate that  most people have 
considered tournament hosts to take ownership of reproduction 
rights.  In my many years of involvement in academic 
competition, I have never heard of any objections to this practice 
by the original question authors. 

"2) What, if any, penalties exist for plagiarism?"

For a submission tournament, the plagiarist along with his or 
her team is disqualified from that tournament and is pilloried on 
community message boards,  That doesn't sound like much, 
and, well, it's not. The quizbowl community hasn't developed an 
adequate penalty structure for plagiarism.  However, the 
decentralized nature of circuit organization would make any 
enforcement mechanism highly problematic.  

A dominant thread running through the "law of quizbowl," such 
as it is, is that the quizbowl circuit operates on a shoestring 
budget.  Central organizing authorities don't really exist, at least 
not at the college level. There are real liability issues 
(supervision of college students, etc.) that are never discussed, 
since acknowledging them might drive up costs to such a 
degree as to make the quizbowl circuit as we know it  
unsustainable. 

"3) Is there any sort of central authority that governs the validity or 
acceptability of questions?"

In a word, no. 

Question writing organizations such as National Academic Quiz 
Tournaments (NAQT) have their own internal quality control 
mechanisms. The Academic Competition Federation (ACF), 
partially a question writing group and partially a submission 
editing group, do as well.  But these organizations have no say 
as to the validity of questions outside of their own events. 

As for individual independent circuit events, no such authority 
exists except on a purely ad hoc basis. 
 
"4) Are there any legal issues with the use of copyrighted 
material within questions?"

In theory, yes. In practice, not really. 
 
There are people who have been known to copy words verbatim 
from published sources for questions.  They are infringing on 
copyright, but not to a degree that would be worth the trouble for 
anyone to go after. (There are of course statutory damages 
independent of economic loss for copyright infringement, but 
proving infringement would be problematic for any would-be 
plaintiff.) It's considered bad form to plagiarize, but from a 
practical perspective, the publisher of Benet's Readers' 
Encyclopedia isn't going to start suing QB players. (For one 
thing, this copying can't be said to deprive them of any economic  
benefit - if anything, QB players are encouraged to procure a 
Benet's by the knowledge that people write questions from it.)

And of course, the structure of quizbowl questions is such that a 
question writer will in most cases have to shift words around. 

As for people ripping off previously written questions, this has 
been a problem in the past, and frankly, we haven't found a 
practical solution to it.  

Chip Beall of Questions Unlimited has allegedly raided our 
archives in the past and passed the old efforts of various quiz 
bowl writers as his own and profited commercially from them. 
(These questions are alleged to be generally unaltered form, 
which would argue against both independent creation and any 
application of the "fair use" doctrine.) This action would be clear-
cut infringement, although it's still murky who the exact aggrieved 
party would be. 

It might serve quizbowl well to have some sort of clearinghouse, 
a nonprofit perhaps, that might be able to assert jurisdiction over 
this stuff. 

> 5) Are there any trademark issues involved with the use of 
school 
> names or the names of individuals? 

With regard to individuals, no trademark issues I know of. 

There are potential issues here with regards to school names, 
though most of them would apply to any student organization of 
any type. I'm not an education lawyer, so I'll use caution 
discussing this area of law.  

At the college level, all academic competition organizations I 
know of operate under the rubric of a university. Host schools of 
tournaments are required to comply with any relevant university 
regulations regarding trademarks and licensing, but as a 
practical matter these issues simply don't come up. 

The money involved is generally fairly low, what trademark 
policies exist that I know of are relatively easy to comply with 
(putting logos on recruiting posters or publicity materials, for 
instance) 

There is a trademark issue that does sometimes come up. It 
used to be common to refer to tournaments that employed the 
same rules as CB tournaments as "in the style of CBI." College 
Bowl then attempted to collect "licensing fees" for this practice. 
The first time they did so, the fees they proposed were 
prohibitively expensive for the programs involved.  (Later 
attempts to collect licensing fees were of the "nominal 
consideration" variety, but they still had little success collection 
any money.) Host schools all balked ; some of them cancelled 
their tournaments, some of them changed their rules and 
stopped using the colloquial name "College Bowl" in any of their 
announcements. (It was at the time standard practice to refer to 
a school's quiz team as a "College Bowl team," and in part as a 
result of this series of events, quiz teams generally have names 
that do not refer to College Bowl in any way.) 

College Bowl, Inc. has tried to claim a good deal of intellectual 
property for itself, but has never to my knowledge acted on most 
of its assertions.  At this date, no one questions their ownership 
of the name "College Bowl," their copyrights in their individual 
questions (indeed, most people in the quiz community dislike 
their questions) and the specific texts of their rules. CBCI has 
attempted to claim ownership of the "tossup-bonus" format, 
variations of which are employed by NAQT, ACF, and most other 
college-level academic competitions, and the terms "tossup" 
and "bonus" themselves. (In all fairness, it has now been some 
time since anyone at College Bowl has asserted such a broad 
claim.)  

"Format," as I said above, isn't the sort of thing one can 
copyright.  It's possible to get a patent for something like this, but 
they haven't obtained one and this format now is a half-century 
old, and I'm fairly certain that any window they would have had to 
get a patent is gone. 

I hadn't heard of College Bowl ever trying the trademark route. 

The issue that I think would doom College Bowl to failure if they 
ever tried to go after NAQT or ACF for trademark infringement is 
that consumers in the relevant marketplace are easily able to 
distinguish their respective products in several ways. (The rules 
may not look terribly different to outsiders, but even novice 
players and game officials know the differences in the rules and 
procedures, the look and feel of the questions, and indeed the 
overall atmosphere.) No relevant party at an ACF or NAQT 
tournament could reasonably find themselves under the 
impression that College Bowl, Inc. had anything to do with the 
tournament. (And neither NAQT nor ACF would ever _want_ to 
create that kind of impression, either.) In short, there is no 
"likelihood of confusion." 

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