How much can you "copy" before violating the copyright

[temujin]

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.

 

[Ajit Basrur]

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

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.

 

[Gert Sorensen]

Very good question!! The solution is usually to just refer to relevant paragraphs and then expect the receiver to acquire their own copy.

 

[Jim Wynne]

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.

 

[qualitytoughnut - 2010]

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

Quality toughnut

 

[Gert Sorensen]

Who knows, maybe we have visitors from e.g. ISO or ASTM who can clarify this for us??

 

[Jim Wynne]

Very good question, an eye opener and debatable. I am really curious to see the outcome of ensuing debate.
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).

 

[MIREGMGR]

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]

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.

 

[Bob Bonville]

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