Commercialization of Class Notes Threatens Note Taking
"Interesting" case filed in the Northern District of Florida earlier this month. Professor Moulton of the University of Florida and Faulkner Press, the publisher of his e-textbooks filed a copyright infringement lawsuit against Class Notes ("Einstein's Notes"). Professor Moulton alleges that Einstein's Notes, one of these organizations that essentially sells crib notes for college classes "slavishly" copied the film study questions and exam practice questions prepared by Professor Moulton and marketed by Faulkner Presss. Setting aside the self-importance one must have to both file a copyright registration on one's lectures and license the rights to the lectures to a publisher, so far we have a garden variety copyright infringement lawsuit -- albeit in an unusual environment. The complaint takes it one step further, however, and argues that the typed lecture notes included as part of the Einstein's Notes packet are a derivative work of Professor Moulton's lectures. In other words, Professor Moulton alleges that a student's notes of a professor's lecture constitutes copyright infringement (although Professor Moulton's attorney suggests that this would be protected by fair use). This is even more interesting in this case because Professor Moulton suggests that fixation of the lecture occurred through his notes in his lecture that he made to his transparency. Setting aside the attempt of Professor Moulton to get rid of a bottom feeder trying to facilitate cheating students, the concepts underlying the lawsuit would have significant consequences for any note taking -- everything from Cliff's Notes to commentary on public discourse. The complaint is here.
