I run a survey website..a fun entertaining surveys people can take and share with their friends. Example survey: 1. What is your name? 2. Do you smoke? 3. What is your favorite restaurant? etc...... So i have many surveys. Someone emailed me and said one of the surveys is copyrighted and i should take it down. Is that possible? If i create a survey does that mean other sites cant use these questions? lol
I'm not sure about your question - it sounds like someone is saying they have copyrighted asking "Do you smoke?" or whatever. This is pure nonsense on the whole, but see below. If, on the other hand, you are republishing other people's surveys (like my blog does) then as far as I am aware most countries make facts uncopyrightable, so people cannot claim ownership on finding out that 36.7% of men smoke or the like, although just like any other text, their particular presentation of the question and the results may be copyrighted so you just can't wholesale cut and paste from their web page. I think it sounds more like they're annoyed that you're syphoning some of their traffic!
Anything that you create is automatically copyrighted (you dont create facts hence why they arent copyrighted in some countries - though in most the supporting text/ way it is explained is copyrighted) and so yes a survey is copyrighted. The "issue" is that they have to prove that they are the first creaters of the unique combination of questions and that you have copied them which if it is a 3 question survey as per your example would be next to impossible. Of cause if it is a 5,000 question survey on how you fold your socks then it would be much easier if the identical survey was also on your site.
Astaroth is on the right track here and I don't have to get into a detailed legal argument. The bottom line is that if you had a short survey with questions that were pretty generic, e.g. smoking, drinking, etc. then you can generally dress up the questions yourself and you'll be fine. There is no need to copy the survey word for word, which you will have problems with. If there is a collection of questions that are more specific, then you may have more challenges but, again, if you used your own words chances are you wouldn't have a problem. I'm glad to explain more upon request.