Do students own their own notes?

James,
I believe that the MLB and the club's ownership statement is meant to apply to broadcasts authorized by them and other descriptions made under contract to them. A fan could publish an originally created play-by-play, unless the ticket expressly contains language licensing the experience only and created a contractual obligation not to take or publish notes.
Ken

Ken Hirsh
ken.hirsh@uc.edu
(513) 556-0159

-----Original Message-----
From: teknoids-bounces@ruckus.law.cornell.edu [mailto:teknoids-bounces@ruckus.law.cornell.edu] On Behalf Of James Callison
Sent: Wednesday, February 15, 2012 12:14 PM
To: Teknoids
Subject: Re: [teknoids] Do students own their own notes?

On 2/7/2012 10:59 AM, David Dickens wrote:
> I read this today and thought it was worth a share, maybe even a
> little discussion on an upcoming episode of Law School Tech Talk. That
> is, if anyone is interested in coming on and championing a side
> (hopefully there would be someone interested in championing the other side as well).

Hmm... What if they were reporters covering a Cubs game rather than students in a class. Would MLB and the Chicago Cubs (which claim copyright to the game and "descriptions" of it, according to the WGN copyright statement) be able to tell the reporters what they could or could not do with their notes? After all, they are going to sell their notes to their publishers, in a manner of speaking...

James

James P. Callison, MCP+I, MCSE
Network Administrator/Webmaster
The University of Oklahoma Law Center ITS callison@www.law.ou.edu
I was scared to bother 'round her house at night
I was scared to bother 'round her house at night
She's got a po-lice dog, and he's spoilin' for a fight

An interesting topic, indeed. Since the professor's oral discussion does not "fix " his thoughts "in a tangible media of expression," unless the student is creating a verbatim transcription of the discussion, the professor has no copyright. Otherwise, the notes are the student's interpretations and impressions of what was heard, and at that point represent the student's ideas. If, however, the student is audio recording the professor, then that is a sound recording and the professor could hold copyright in that. To me the more interesting question is can a university restrict students' rights to sell their notes without assent, and presumably without consideration. Or, put another way, is matriculating at a university with a published rule to this effect sufficient assent?
Ken

Ken Hirsh
ken.hirsh@uc.edu
(513) 556-0159

From: teknoids-bounces@ruckus.law.cornell.edu [mailto:teknoids-bounces@ruckus.law.cornell.edu] On Behalf Of Chapman, Ben
Sent: Tuesday, February 07, 2012 12:57 PM
To: Teknoids
Subject: Re: [teknoids] Do students own their own notes?

Ah, the joy of copyright law. There was some discussion of this (with good comments) back in 2007 on Prawfs: http://prawfsblawg.blogs.com/prawfsblawg/2007/03/posting_student.html

Interesting quote from the article: "There's also the issue, somewhat peculiar to law professors, that a lot of what happens in class is not a lecture, per se, and thus arguably a scripted performance, but rather is an interactive exercise between professors and students -- i.e., Socratic method. I have a lot more to say about copyright in interactive works with respect to video games (see, e.g., this forthcoming paper), but for now let's just note that the professor surely doesn't have a copyright in student input."

Ben

--
Ben Chapman, J.D.
ben.chapman@emory.edu
Asst Dean for IT, Emory University School of Law
T: 404-727-6948 F: 404-727-2202
gtalk, skype: benjamin.chapman

From: David Dickens <David.Dickens@pepperdine.edu>
Reply-To: Teknoids <teknoids@ruckus.law.cornell.edu>
Date: Tue, 7 Feb 2012 08:59:58 -0800
To: Teknoids <teknoids@ruckus.law.cornell.edu>
Subject: [teknoids] Do students own their own notes?

I read this today and thought it was worth a share, maybe even a little discussion on an upcoming episode of Law School Tech Talk. That is, if anyone is interested in coming on and championing a side (hopefully there would be someone interested in championing the other side as well).

http://mindshift.kqed.org/2012/02/do-students-have-copyright-to-their-ow...

--

David Dickens, Consulting Technologist and Systems Architect, Pepperdine University School of Law / 310-506-4047
Think Before You Print

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