University of California Standing Committee on Copyright
Resolution A: Recommended Actions Regarding Unauthorized Commercial
Use of Lecture Notes
Resolved: With respect to actions that the University may take
in response to the unauthorized commercial use of course notes and recordings,
the Committee recommends that:
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Actions related to violations by students be handled by the process
now underway, under the leadership of the Associate Vice President for
Student Academic Services, to review and revise UC’s Policies Applying
to Campus Activities, Organizations, and Students: Policy on Student Conduct
and Discipline. The Committee would like to be informed about the progress
of this process, and would appreciate the opportunity to provide comments
to the Associate Vice President and to participate in the final review
of these policies.
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Actions related to institutional policies regarding unauthorized
recording of course lectures be developed by this Committee with the advice
of its Subcommittee to Study Ownership and Acceptable Use of UC Course
Content and Materials (SCC Resolution B, October 31, 2000).
Background:
The University of California has always been vigilant concerning the
integrity of its programs of instruction and the rights and privileges
of its students and faculty in the instructional setting. From time to
time, the University has convened groups to study specific aspects of the
commercial use of instructional presentations (e.g., the Advisory Group
on Commercialization of Lecture and Classroom Materials in 1995), and has
acted to prevent third parties from making inappropriate commercial use
of lecture notes and instructional materials (e.g., UC’s suit against the
R&R Corporation for unauthorized sale of lecture notes in 1999). Interest
in these issues has accelerated in the past several months, both within
UC and nationally, owing to the emergence of a number of commercial enterprises
that employ enrolled students to prepare lecture notes for sale via the
Internet without authorization of the institution or the course faculty.
Attention to these issues has been further heightened by the passage of
California Assembly Bill 1773 (Chapter 574, Statutes of 2000), which prohibits
any business, agency, or person from preparing, causing to be prepared,
giving, selling, transferring, or otherwise distributing or publishing,
any contemporaneous recording of an academic presentation, and requests
the Regents of the University of California to develop policies to prohibit
unauthorized recording and to adopt or provide for the adoption of specific
regulations governing a violation of these provisions by students, along
with applicable penalties for a violation of the regulations, and to also
adopt procedures to inform all students of those regulations.
There are two aspects of the unauthorized commercial use of lecture
notes that particularly command the University’s attention. The first is
the matter of governing the conduct of enrolled students who may be involved
in preparation or distribution of unauthorized lecture notes. AB 1773,
for instance, states at Section 66452(b) that:
The Regents of the University of California and the governing boards
of private postsecondary institutions are requested to, the Trustees of
the California State University shall, and the governing board of each
community college district may, adopt or provide for the adoption of specific
regulations governing a violation of this chapter by students, along with
applicable penalties for a violation of the regulations. The regents are
requested to, the trustees shall, and the governing board of each community
college district may, adopt procedures to inform all students of those
regulations, with applicable penalties, and any revisions thereof.
A process is already underway, under the leadership of the Associate Vice
President for Student Academic Services and with extensive campus consultation,
to review and revise UC’s Policies Applying to Campus Activities, Organizations,
and Students. A provision addressing unauthorized commercial use of lecture
notes has already been included in the proposed revisions to the Policy
on Student Conduct and Discipline, at § 102.08. The Committee proposes
that the existing process continue, with advice from the Committee as may
be appropriate from time to time, to address this provision of the Act.
A second, and broader, aspect of the issue is the development of general
University policies governing unauthorized commercial use of lecture notes
and recordings. For example, Section 66452(a) of AB 1773 states that:
The Regents of the University of California and the governing boards
of private postsecondary institutions are requested to, the Trustees of
the California State University shall, and the governing board of each
community college district may, in consultation with faculty, in accordance
with applicable procedures, develop policies to prohibit the unauthorized
recording, dissemination, and publication of academic presentations for
commercial purposes. Nothing in this chapter is intended to change existing
law as it pertains to the ownership of academic presentations.
As noted in materials prepared by the University in response to the introduction
of this legislation, issues of appropriate use of instructional content
and material are complex and lie close to the heart of academic policy.
The Committee proposes to address these issues, including those involved
in responding to and complying with this provision of the Act, through
a process extending over this academic year and involving intensive study
by a subcommittee of this Committee (see SCC Resolution B: Subcommittee
to Study Ownership and Acceptable Use of UC Course Content and Materials).
Reviewed by the Committee October 31, 2000
Revised and endorsed by the Committee December 21,
2000