Educational Testing Services v. Katzman, 79 F.2d 533 (1986) p.440

SUBJECT

copyright violation: test questions

FACTS

Accusations of copying test questions.

ISSUE

Whether defendant copied the test questions from plaintiff.

RULE

The test is whether the accused work is so similar to the plaintiffs wor that an ordinary reasonable person would conclude that the defedant unlawfully appropriated the plaintiff's protectible expression by taking material of substance and value.

HOLDING

At least some of the questions are so strikingly similar as to lead to no other conclusion than that they were copied.

RATIONAL

Don't look to fact that there are dissimilariteis. Look to whether there is original expression in copyrighted work and whether there is infringement in the eyes of the ordinary observer.

Created on: Tuesday, September 28, 1999 at 19:49:11 (PDT)