Monthly Archives: June 2009

Copyright Protection of Lecture Notes

19 Friday Jun 2009

Posted by in Copyright

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‘My economics teacher is forcing us to give up all of our work for the semester. Every page of notes and paper must be turned over to her to be destroyed to prevent future students from copying it. My binder was in my backpack, and she went into my backpack to take it. Is that legal?’ Besides the issue with private property invasion, which was the trigger of that post, there is much more important question: Can a teacher ask a student not to retain knowledge? How does IP law relate to teaching and sharing knowledge? Whose property are those notes?” – from Slashdot

lecturerI came across this question and wanted to comment.  I won’t turn this into a full-blown legal analysis of copyright protection of class lecture notes, but there are some ideas I felt were important enough to mention.  Leaving aside the issue of the teacher going into the backpack, I’ll focus on the IP question because it just seems to keep popping up.  It’s a thorny issue that really shouldn’t be all that thorny.

First, keep in mind that facts and ideas are not protected by copyright.  Only the “expression” of facts or ideas can be protected.  When a student writes down notes from a lecture, he is primarily concerned with documenting the important facts and ideas of the lesson.  Any elements of the teacher’s expression that are copied into the notes are typically ancillary and of little real value to the student. Going further, it should be recognized that the facts and ideas that a teacher lectures on are primarily repackaged information that the teacher has derived from other sources.  A teacher seeking to enforce copyright ownership of this information is farcical at best.

I understand that classroom dynamics have been changing rapidly over the last few decades, with the introduction of photocopies, digital recorders, email, etc.  The “expression” of ideas, as opposed to the ideas themselves, can increasingly be captured verbatim.  Hence the growing and potentially misguided belief that copyright law needs to step in to protect a teacher’s expression of the facts. To the contrary, teachers need to get innovative and figure out how to embrace these technologies to further their one real goal…educating students.

Last year, a University of Florida professor brought a suit filled with interesting copyright claims against a commercial note-taking service.  To summarize, this service was paying students to take class notes and then sellingthose notes online as study aids.  I haven’t been able to locate an update to see how that case was resolved…it may have settled.  If someone has more information on the outcome, please leave a comment.  Regardless, the situation described in the question above does not involve a commercial note-taking service, just a tuition-paying, education-seeking economics student.  Therefore, many of the commercial elements that made the Florida professor’s copyright claims somewhat palatable do not exist here.

I find it remarkable that any teacher would ask a student to hand in all of their class resources at the end of a semester.  After all, there are actually students who go to university to gain knowledge they can use for the rest of their life…not just for the length of one semester and to be forgotten upon handing in the final exam.  Class materials, including quizzes, tests and lecture notes, are often important resources later in a student’s professional life.  Is the threat of future students copying the notes really so severe that it outweighs the potential value to the note-taking student?

President Obama Addresses Innovation, Tech Issues in Cairo

04 Thursday Jun 2009

Posted by in Federal Initiatives

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Earlier today, President Obama spoke on American and Muslim relations.  At Egypt’s Cairo University, Obama discussed Islam’s glories and rights, the legitimate rights of Israel and the Palestinians, Iranian nuclear aspirations, the wars in Iraq and Afghanistan, women’s rights, religious rights and democracy in the Muslim world.

The U.S. President’s speech also discussed economic development and tech innovations, the full text of which appears below (video starts at 45:43):

“Finally, I want to discuss economic development and opportunity.

I know that for many, the face of globalization is contradictory.  The Internet and television can bring knowledge and information, but also offensive sexuality and mindless violence into the home.  Trade can bring new wealth and opportunities, but also huge disruptions and change in communities.  In all nations — including America — this change can bring fear.  Fear that because of modernity we lose control over our economic choices, our politics, and most importantly our identities — those things we most cherish about our communities, our families, our traditions, and our faith.

But I also know that human progress cannot be denied.  There need not be contradictions between development and tradition. Countries like Japan and South Korea grew their economies enormously while maintaining distinct cultures.  The same is true for the astonishing progress within Muslim-majority countries from Kuala Lumpur to Dubai.  In ancient times and in our times, Muslim communities have been at the forefront of innovation and education.

And this is important because no development strategy can be based only upon what comes out of the ground, nor can it be sustained while young people are out of work.  Many Gulf states have enjoyed great wealth as a consequence of oil, and some are beginning to focus it on broader development.  But all of us must recognize that education and innovation will be the currency of the 21st century — (applause) — and in too many Muslim communities, there remains underinvestment in these areas.  I’m  emphasizing such investment within my own country.  And while America in the past has focused on oil and gas when it comes to this part of the world, we now seek a broader engagement.

On education, we will expand exchange programs, and increase scholarships, like the one that brought my father to America.  (Applause.)  At the same time, we will encourage more Americans to study in Muslim communities.  And we will match promising Muslim students with internships in America; invest in online learning for teachers and children around the world; and create a new online network, so a young person in Kansas can communicate instantly with a young person in Cairo.

On economic development, we will create a new corps of business volunteers to partner with counterparts in Muslim-majority countries.  And I will host a Summit on Entrepreneurship this year to identify how we can deepen ties between business leaders,
foundations and social entrepreneurs in the United States and Muslim communities around the world.

On science and technology, we will launch a new fund to support technological development in Muslim-majority countries, and to help transfer ideas to the marketplace so they can create more jobs.  We’ll open centers of scientific excellence in Africa, the Middle East and Southeast Asia, and appoint new science envoys to collaborate on programs that develop new sources of energy, create green jobs, digitize records, clean water, grow new crops.  Today I’m announcing a new global effort with the Organization of the Islamic Conference to eradicate polio.  And we will also expand partnerships with Muslim communities to promote child and maternal health.

All these things must be done in partnership.  Americans are ready to join with citizens and governments; community organizations, religious leaders, and businesses in Muslim communities around the world to help our people pursue a better life.”

Click here for the full transcript.