This question was asked a few days ago (in different form) on LinkedIn. [Please note that the question is no longer available online because LinkedIn removed its Q&A feature.] The question was whether one can create a standard-form contract by starting with someone else’s standard-form contract.
The following is an edited version of the answer that I provided:
Case Outcome Depends on Facts
As is always the case with alleged copyright infringement, the outcome of the case will depend on the facts.