Copyright Aid

Hi everyone,

I recently created a new page on our website for an SQL course that we are offering. I have written all the content myself and tried to keep it original, but I am still a bit unsure about copyright issues and what I should be aware of when publishing this kind of content.

My main questions are:

Are there any common copyright pitfalls I should watch out for when writing course descriptions or promoting a training program online: ??

If I mention tools or software (like SQL Server, MySQL, etc.), do I need to worry about using those names or including logos: ??

What if I use publicly available information (like SQL syntax or common database examples)—is that okay, or could it cause problems: ??

I just want to make sure everything’s above board and avoid any copyright issues down the line.

Any advice or tips would be really appreciated.

Thanks in advance !!

With Regards,
Derek Theler

Hi Derek and welcome.

As SQL is a programming language and not a discrete computer program it is not subject to copyright per se (just like ordinary languages). And as you state there are several proprietary implementations of the language, such as MySQL and this is where care is needed. You would need to check with the end-user licence of any product to see what claim is made about copyright and/or trade marks when using or teaching about each product. Logos in particular are going to be protected as trade marks and so you should avoid using them unless it is essential. This is because the slightly differing trade mark laws in the USA, EU and UK make this something of a minefield for the unwary. Suffice it to say, if you are using the name of the product descriptively then you should be OK, but if it can be argued that you are trading on the good will of the product to advertise your course then that can leave you open to getting sued. If in doubt you should consult a trade mark attorney and have them check your site's content before publishing.

With syntax structures and routines, if these are sufficiently novel or complex they can be classed as 'computer programs' and as such are subject to copyright (section 3(b) of the Copyright Designs and Patents Act 1988). You will no doubt be aware of the long running litigation over Java APIs between Google and Oracle. While that particular litigation was about the commercial implementation of APIs, the outcome of the case does help to define the landscape around sub-routines and the like, namely that APIs can be subject to copyright, but in the USA at least, their use can sometimes be permissible as fair use. More on this topic here.

Another key piece of litigation was SAS v World Programming, this time in Europe, where it was found that mere functionality which mirrored that of another program did not amount to copyright infringement. Of particular note in that case was the fact that World Programming were found liable for copying parts to the SAS Software Manual. If you want to quote a source, ensure that you identify the author or company as this will allow you to rely on the UK's fair dealing exceptions for quotation (section 30 (1ZA) CDPA). But note that the exceptions for the purpose of education (sections 32 to 36A) are of no help to you as they require that the instruction is non-commercial in nature.

In theory on a teaching course you are not actually going to be implementing any code live, although your students may do so and so it would be good practice to tell them about the pitfalls of using library routines etc without checking whether a licence is required.

I hope this helps. This is a huge topic and I have only skimmed the surface. You are right to be cautious. If in doubt always acknowledge all sources, trade marks etc. And don't forget that your own work, be it literary or graphical, is also subject to copyright, so put a copyright notice on it.