Re: Unreferenced Notes from an Instructor

One of the rights that attach to a copyrighted work is the right to make or license derivative works. The notes on the book is a derivative work (probably). Making notes for oneself is certainly fair use, even it one is making a derivative work.

When you then distribute the work, you are then moving into a realm where there could be a greater impact than you making your own notes. The notes might be a substitute (like Cliffs Notes) for the book itself and might discourage purchase of the book and might impact a market for such notes, which market is for the author to exploit in the first instance.

The Indiana U checklist is good -- but it does not really capture fully the ways courts look at and look for economic impact.

I would refer her question to the school's general counsel office. In my judgment it seems to be a close enough question that if I were in your position I would not want to advise her one way or the other.

FWIW, personally, I would distribute them and argue that it is fair use, but then I am an advocate of broader fair use rather than narrower and so would be acting to stretch the boundaries rather than giving conservative legal advice to keep a client out of trouble. These are two different ways of approaching the problem.

Steve

On May 10, 2005, at 4:00 PM, Meghann Matwichuk wrote:

> Hello all,
>
> I am a new subscriber to this listserv and look forward to learning
> more about copyright issues through the discussions that take place
> here.
>
> I've received the following request from an instructor:
>
> "I have read a great book and taken notes on each chapter. I have
> typed them up and am wondering if I could give them to the
> students. They do NOT include references and quotations because I
> state at the beginning that they are all the author's words and
> voice and none of it can be attributed to me in any way,
> whatsoever. It is a summary of each chapter. Let me know if you
> think I should NOT let the students have a copy of the summary. I
> don't want to get into trouble and more important, I don't want to
> encourage plagiarism in any form. If by giving them a copy of my
> notes from the book, they begin to think they don't have to use
> footnotes or that it is ok to use someone else's voice, I would
> feel tremendous regret."
>
> My instinct is that she is within fair use in distributing these
> notes to her students. I plan on referring her the following
> checklist:
>
> http://copyright.iupui.edu/checklist.htm
>
> Any thoughts / opinions on the matter? I suppose I'm just looking
> for some reinforcement before I respond to her -- or to hear if I'm
> missing something obvious! Thanks in advance.
>
> Best,
>
> ******************************
> Meghann R. Matwichuk
> Instructional Media Department
> Morris Library
> University of Delaware
> 181 S. College Ave.
> Newark, DE 19717
> (302) 831-1475
>

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:sjamar[_at_]law.howard.edu
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

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