Re: copyright in student work

Angela M. Klueber <amzimm01[_at_]homer.louisville.edu> wrote:
>
> I apologize if this has been asked before. Please respond to me
> privately if it has. I know someone who wrote something for a class
> and got an A on it. The next semester, the professor included this
> work in a course pack for his next class, without consulting the author
> (his previous student). She found out about it by accident and was
> upset that he used her work without asking permission. Does she have
> any recourse or was that within his rights as the instructor the work
> was turned in to? Thanks for your help.

The paper is copyrighted by the student - fixed in a tangible medium of expression. Use or reproduction of the work in an unauthorized way would violate the copyright. The professor can probably, as a matter of copyright law (not contract or ethics, etc.) rely on the first sale doctrine to use the paper pretty much howsoever she wishes - but just to the same extent one can use a book or magazine article. One owns the copy, not the copyright.

So, the instructor would need to rely on implied license - a question of fact dependent on the particulars of the case or fair use.

In general, I would suggest the teacher not use anything without permission. In my syllabus for my courses I disclose the range of likely uses of papers and so perhaps create a contract - students can drop the course if they do not like my terms. The normal use for papers is to use portions in class that semester (if the course is about writing and the paper will be a good teaching tool), or to put the better ones on reserve for the next semester students to have as models. In the latter case I always obtain permission in addition to the disclosure in my syllabus. Copyright aside, it seems like the more professional, fair, respectful thing to do.

Cheers,
Steve Jamar

Prof. Steven D. Jamar
Dir. LRW Program
Howard University School of Law
2900 Van Ness Street NW
Washington, D.C. 20008
sjamar[_at_]law.howard.edu vox: 202-806-8017 fax 202-806-8428

The more you know, the more you know you don't know. Received on Wed May 14 1997 - 14:42:06 GMT