Re: copyright and student notes taken in class...

On Thu, 30 Sep 1999, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> On Wed, 29 Sep 1999, Terry Carroll <carroll[_at_]tjc.com> wrote:
> >
> > On Tue, 28 Sep 1999, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
> > >
> > > I could change this result, curiously, by *authorizing* the taking
> > > of notes.
> >
> > Do you think so? I think that authorizing recording (whether
> > electronically or stenographically) would provide the necessary
> > fixation, but authorizing a student to take notes (i.e., to write
> > down the student's own expressions regarding the class lecture)
> > would not meet the fixation requirement.
> >
> **********
>
> Why not? Does fixation have to be fixation of the exact thing performed?
> All sorts of creativity goes into fixing plays, dance etc. on video (to
> say nothing of Labanotation); the resulting fixed work is not an exact
> replication of the extemporaneous performance. Should those things be
> considered unfixed as well? Or perhaps a line can be drawn based on how
> much expression is captured.

I think it has to fix the work; fixing the student's expressions upon being exposed to the work is insufficient.

If you looked at my law school notes, you'd be hard-pressed to find anything of the professors' expression in there.

-- 
Terry Carroll         |
Santa Clara, CA       |            
carroll[_at_]tjc.com       |
Modell delendus est   |