How much can you "copy" before violating the copyright

T

temujin

#1
Dear Forum,

I am currently setting up a checklist for compliance to a particular standard (EN 60601-2-xx). In the checklist I write the requirement (often exactly as written in the standard) with information on how compliance is achieved.

The final version of this checklist might well be distributed to our customers on request.

Is such a checklist violating any copyrights? Do I need to completely rewrite the requirements from the standard? (or simply censor the text when distributing it)


regards
t.
 
Elsmar Forum Sponsor

Ajit Basrur

Staff member
Admin
#2
Dear Forum,

I am currently setting up a checklist for compliance to a particular standard (EN 60601-2-xx). In the checklist I write the requirement (often exactly as written in the standard) with information on how compliance is achieved.

The final version of this checklist might well be distributed to our customers on request.

Is such a checklist violating any copyrights? Do I need to completely rewrite the requirements from the standard? (or simply censor the text when distributing it)

regards
t.
Good question temujin :agree1:

I donot have the answer but have seen many checklists that copy the entire portion of the standard in one column, proposed questions against the standard requirements in the second column and observations in the third column.

Thus in the above example, the entire standard is there in bits and pieces. :cool:
 
Last edited:

Gert Sorensen

Forum Moderator
Moderator
#3
Very good question!! The solution is usually to just refer to relevant paragraphs and then expect the receiver to acquire their own copy. :bigwave:
 
Last edited:

Jim Wynne

Staff member
Admin
#4
Dear Forum,

I am currently setting up a checklist for compliance to a particular standard (EN 60601-2-xx). In the checklist I write the requirement (often exactly as written in the standard) with information on how compliance is achieved.

The final version of this checklist might well be distributed to our customers on request.

Is such a checklist violating any copyrights? Do I need to completely rewrite the requirements from the standard? (or simply censor the text when distributing it)


regards
t.
In general the Cove isn't a good place to seek legal advice, but in this case I don't think there's much of a problem with what you're doing. It's very common, and I doubt that the copyright owner would object to the use of the standard in the way you're using it. In the US, we have what's known as the doctrine of "fair use," but here's what the US Copyright Office says about it:
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Nonetheless, your use of the standard is commonplace and not worth being concerned about, imo. If you're really worried about it, consult a lawyer who's familar with international and local copyright laws.
 
Q

qualitytoughnut - 2010

#5
Very good question, an eye opener and debatable. I am really curious to see the outcome of ensuing debate. :argue:
You have touched upon a hornet's nest.

Quality toughnut :rolleyes:
 

Jim Wynne

Staff member
Admin
#7
Very good question, an eye opener and debatable. I am really curious to see the outcome of ensuing debate. :argue:
You have touched upon a hornet's nest.
I don't think so. In the end, in most cases, infringement has to result in harm (loss of revenue, e.g.) to the copyright owner, at least in the US. What the OP is doing is far different from making and distributing complete copies of the standard.

In a recent case in the US, a filmmaker used about 15 seconds or so of John Lennon's "Imagine" without getting prior permission, and Yoko Ono sued. A New York court found in favor of the defendants and ruled that the use of the clip constituted fair use, despite the fact that the clip was used for commercial purposes.

In the end, the courts decide what's fair use and what isn't, but the idea of a copyright holder suing a company for quoting its standard in work documents just silly (IMO).
 
M

MIREGMGR

#8
Will the receivers/users of the checklist, by the nature of the work they're doing, also be obtaining a copy of the standard itself to provide deeper support for their use of the checklist?

If so, the creation of the checklist would not be diminishing sales and clearly there would be no infringement.

That's not to imply that the opposite circumstance applies, though.
 

BradM

Staff member
Admin
#9
NOTE: I'm certainly not a lawyer, or an expert on the subject.

I am under the impression that copyright on standards is centered more around a financial issue, than an intellectual issue. If everyone just copies the standards, it is not worth their time (financially) to develop the standard and do all the other work along with it.

First, hopefully you have purchased a copy of the standard. I would imagine somewhere there is a use/copyright statement that may give you your answer. Also, that would show you have the document in good faith, and have compensated the authors for the document. Next, I would always give credit to the source of the information. Third, if you could change even a couple of words on each line, then you have not copied verbatim, but copied the ideas within the document (which you give citation).

All else fails, you could contact a copyright lawyer, and/or the authors of the standard for a definitive answer.
 
B

Bob Bonville

#10
If the organization purchases a copy of the standard legally, and even if they use direct quotes from the standard, I don't think they are in conflict with any copyright laws if what they do is not for profit or resale. I could be wrong, been wrong a time or two in the past.

Bob Bonville
 
Thread starter Similar threads Forum Replies Date
J How much to charge for helping a startup company with initial ISO 13485 certification? Consultants and Consulting 3
M Hiring Decisions - How much effort do you put into the hiring process these days? (7/2020) Misc. Quality Assurance and Business Systems Related Topics 6
M Do I Expect Too Much of Job Candidates? Career and Occupation Discussions 33
B ISO 9001:2015 Transition: Much Easier Than You Think! Misc. Quality Assurance and Business Systems Related Topics 0
E How much a bioequivalence study will cost in the UK Pharmaceuticals (21 CFR Part 210, 21 CFR Part 211 and related Regulations) 0
pammesue So much turnover, How to improve our training process? ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 32
T ISO 9001:2008 to 2015 transition - How much work to change? ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 14
P ISO 9001:2015 4.2 and 6.1 - Interested Parties - How much detail is required? ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 17
I How much does an eQMS (Electronic/Software QMS) cost? Quality Assurance and Compliance Software Tools and Solutions 1
J Process Capability - How much percentage of tolerance? VDA Standards - Germany's Automotive Standards 3
W How much would it cost to setup a Quality System for a Repackager or Relabeler? Quality Manager and Management Related Issues 1
G How much to pay a Freelance Six Sigma Trainer in India Six Sigma 1
M 7.5.3.2 Traceability - How much traceability is required? ISO 13485:2016 - Medical Device Quality Management Systems 6
S How much do trainers charge typically for an Adobe Connect / WebEx based training? Training - Internal, External, Online and Distance Learning 3
kedarg6500 How much test force to be applied for Vickers hardness Inspection, Prints (Drawings), Testing, Sampling and Related Topics 1
D AS9100 Recertification Audits - How much in advance of the Certificate Expiration AS9100, IAQG, NADCAP and Aerospace related Standards and Requirements 9
J Sourcing a Sterile Product - Asking for supplier for too much regulatory stuff? 21 CFR Part 820 - US FDA Quality System Regulations (QSR) 2
D IMR (Individuals and Moving Range) Chart for Short-Run SPC - How much data to include Statistical Analysis Tools, Techniques and SPC 1
V How much Supplier Information do I have to provide to a Customer? APQP and PPAP 6
V For an RSM, how much R-sq is good R-sq Using Minitab Software 3
R How much Protective Current Rating of Building Branch Circuit should be considered? IEC 60601 - Medical Electrical Equipment Safety Standards Series 2
R How much "harder" is an ISO 13485 Registration Audit compared to ISO 9001 ISO 13485:2016 - Medical Device Quality Management Systems 6
M MSA - According to the formula cg how much tolerance should be put in place? Gage R&R (GR&R) and MSA (Measurement Systems Analysis) 1
Sidney Vianna The frequent flyers that flew too much... Unlimited AAirpass Coffee Break and Water Cooler Discussions 11
E Consulting Fees - How much to charge Career and Occupation Discussions 33
A How Much Validation is needed for OTS Software - Marketing material only 21 CFR Part 820 - US FDA Quality System Regulations (QSR) 2
G How much time must pass after the first Certification Audit for us to appear in OASIS AS9100, IAQG, NADCAP and Aerospace related Standards and Requirements 8
A Advice on setting up BD Distribution Deals - How much oversight is required? Quality Manager and Management Related Issues 2
K Key Employees and Officers - How much conflict is tolerable? Quality Manager and Management Related Issues 19
A How much effort is needed for Certification of Class II Medical Devices ISO 13485:2016 - Medical Device Quality Management Systems 9
Stijloor Thank you very much!! Covegratulations 5
K Supplier Audit - How much information do we have to give them? ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 6
Q Document Control Procedure - Too much detail? Document Control Systems, Procedures, Forms and Templates 8
somashekar Too much data, Too little analysis - Manual Stages Assembly Shop Data Collection Quality Tools, Improvement and Analysis 2
R OASIS Database Fees - How much are you paying your CB? AS9100, IAQG, NADCAP and Aerospace related Standards and Requirements 4
M Defining what is a Medical Device Accessory and what isn't - Much Confusion EU Medical Device Regulations 8
A Customer SQE - Within Specification but too much Variance Customer Complaints 7
A What to do when customer requirements are too much? Quality Manager and Management Related Issues 29
D How much Tolerance do I use to Calibrate a 150kgs capacity Scale? General Measurement Device and Calibration Topics 5
M How much Process Description is required or needed? ISO 13485:2016 - Medical Device Quality Management Systems 10
D How much Deviation is Acceptable when Calibrating a Hygrometer? General Measurement Device and Calibration Topics 3
L FDA Audit - How much advance notice do foreign manufacturers get? ISO 13485:2016 - Medical Device Quality Management Systems 4
R MSDS Sheets for Products - How much is too much - Or is there ever too much? Occupational Health & Safety Management Standards 12
T How much information should I keep in my Master Document Register? Document Control Systems, Procedures, Forms and Templates 8
4 Change Control Systems - How much is too much? Document Control Systems, Procedures, Forms and Templates 10
Marc Saying "I only had one beer" doesn't mean much any more Coffee Break and Water Cooler Discussions 3
R NQA-1 Quality Manual vs. Standard - How much should they differ Quality Management System (QMS) Manuals 7
Q How much detail in DHR (Device History Record) is too much? US Food and Drug Administration (FDA) 3
F How much longer can a company declare registration to ISO 9001:2000? ISO 9000, ISO 9001, and ISO 9004 Quality Management Systems Standards 21
R Going to the bank-How much extra have I paid Funny Stuff - Jokes and Humour 2

Similar threads

Top Bottom