Are multiple choice questions copyrightable?

Question

Say there is a company that has published 'sets' (of 30 questions for example) of multiple choice questions that are copyright protected. The questions may include graphs and other diagrams.

If you take these questions and display them in a different format, for example on a payed online platform where the order of these is completely randomized and has nothing to do with these 'sets' and additionally there are 'self-written' explanations (not related to the published 'sets') to the answers of the multiple choice questions then:

1. is this copyright infringement?
2. are the 'sets' copyrighted or only the individual questions?
3. would changing values in the questions change the 'copyright'?
4. does the fact that the randomized display of questions on the platform has nothing to do with the 'sets' change anything?

thanks

Answer 1

"Generally speaking, am I prohibited from commercially exploiting copyrighted material without authorisation" - yes.

I'm not aware of any exceptions based on the re-ordering of parts (whole sentences, paragraphs, questions and answers) of the copyrighted material.

If you want to set up that kind of business then invest in some time with a copyright lawyer. Or make an effort to re-express the questions and answers such that they are not copyright infringing.

Answer 2

Yes

Anything that meets the threshold of originality has copyright. A coherent and complete question, whatever it’s form, does that.