Can someone copyright/own a math problem?

Question

I'm curious about the rights of ownership regarding problems presented in math textbooks. Can a math problem in general be considered intellectual property of its "inventor"? I'm assuming textual word problems can be "owned" in the same way other literature is by publishers/authors but it becomes more gray with purely numerical expressions. Is it merely a contextual ownership, for example, say no other math author can include such a problem in another textbook or is it more inclusive regarding other mediums like software or blogs etc where money is being made? An "elucidation" here would be much appreciated, thanks.

You can include other people's problems and ideas in your own work, but you're expected to be polite and cite their authors. — Weltschmerz, Oct 16 '10 at 00:09
This is not law.stackexchange.com. However, look up "fair use". — Nate Eldredge, Oct 16 '10 at 02:58
@Nate: "fair use" does not answer the question. I asked lawyers about this over the years and never got a conclusive answer. If this is not a place to discuss the question, I don't know a better one. Mathematical problems are not necessarily the same as generic "text" for purposes of copyright and it is also unclear if there are any direct legal precedents involving mathematics books, papers or problems. — T.., Oct 16 '10 at 16:22
Wolfram blocked Cook from publishing his work for a bit, so at least in some cases reproduction may be illegal. — Xodarap, Jun 07 '11 at 00:48

AD - Stop Putin - · Answer 1 · 2010-10-16T05:30:33.967

3

I asked this very question to a copywriter some years ago and he said that you can not copyright protect a formula but he also said that there are copyright protected algorithms.

So, where is the borderline? I do not know, but I guess this has to be tested in each case. Here is a discussion on the question, and here is a link to RSA.

Also, here is a link about plagiarism in science.

edited Oct 16 '10 at 05:30

answered Oct 16 '10 at 05:24

AD - Stop Putin -

10,970

Thank you for the answer and help. – mrtwj Oct 16 '10 at 12:13
@user2054: this is a good but very partial answer, and I think the question should be kept in the "unanswered" state for at least a few days, so as to attract more replies. e.g., many people will catch up on reading math.SE over the weekend. It would be especially useful to hear from lawyers, if any are reading this. – T.. Oct 16 '10 at 16:26
@user2054: No problem, but I actually agree with T.. it would be interesting to see other comments too. – AD - Stop Putin - Oct 16 '10 at 18:35
I've unchecked it. Forgot this is still beta pace. – mrtwj Oct 17 '10 at 08:36
I don't know about copyrighting mathematics, but Bracewell once patented his modification of FFT, the "fast Hartley transform"; though the algorithm is thankfully out of patent now, I imagine there was at least some grumbling about this. – J. M. ain't a mathematician Oct 17 '10 at 16:11
For another example of mathematics/algorithms being patented, see elliptic curve cryptograph – Aaron Jun 07 '11 at 01:03
(US law) Patent isn't the same as copyright. Copyright applies to "original works of authorship fixed in a tangible medium of expression" (and copyright applies automatically, you don't have to do anything special go have a copyright). Copyright doesn't apply to ideas, only to creative expression of them. Algorithms and formulas aren't copyrightable. – user3067860 May 20 '21 at 17:24
(con't) Patent applies to inventions that are useful, novel, and non-obvious. Patent is not automatic, you have to actually apply to have a patent. Algorithms and formulas can be patented, but that doesn't prevent reproducing them in print (much the opposite--anyone can get a copy from the patent office--the point of patent law is to encourage making discoveries public), it just prevents actually implementing or using an implementation of them (without permission) during the term of the patent. – user3067860 May 20 '21 at 17:25

score 0 · Answer 2 · answered May 07 '17 at 22:33

Working out all the solutions to a textbook and publishing them sounds to me to be a derivative work (derivative in its copyright meaning, not its math meaning). A derivative work is one of the rights of the copyright holder, even if he has not yet exercised this right. I would say this is a copyright violation. An analogy is publishing a reference guide to the Harry Potter books, which was determined by a court to be a copyright violation without transformative value.

score 0 · Answer 3 · answered Jun 06 '11 at 22:43

Well, I'm not so sure that this question is a math question, per-se, but it as in interesting question about mathematics nonetheless. As a matter however of full disclosure, I am not an IP expert and am really not qualified to answer this question, but will give it a go anyway.

There is no doubt that algorithms themselves can be patented. Just ask all of the software companies in the 90's that either abandoned the GIF format or started paying royalties to the LZW compression patent holder. Fractal image compression is another well-known algorithm that was patented and, most likely because of this, never really enjoyed widespread adoption.

Now, addressing the specific question, suppose that someone noted that Hatcher's Algeraic Topology text had no solutions to the exercises and decided to remedy that by working out all of the problems in the text and publishing them. Is this fair use? An argument could probably be made either way. The solution publisher could argue that only a small portion of the text was actually "copied", namely the statements of the problems, and that full attribution was given and therefore fair use of the material was made. The publisher of the text could counter, however, that wholesale reproduction of all problems goes beyond the fair use doctrine and constitutes, instead, a derivative work.

Ultimately, both sides have legitimate arguments and, if no compromise could be reached, the only way that it would really be settled is through the courts. So, I think the best answer to this question, much as someone intimated in another answer, is that the answer is currently indeterminate. I'm not aware of any cases where the specific question regarding ownership of a collection of math problems has been tested.

You could always publish answers without restating the questions. Just using page and question numbers for reference should not be a problem — Henry, Jul 07 '12 at 14:44

Can someone copyright/own a math problem?

3 Answers3