Sale, Distribution or Publishing of Class Materials
for Commercial Use

AS-2992-10/FA/FGA (Rev)

RESOLVED: That the Academic Senate of the California State University (ASCSU) acknowledge California Education Code (CEC) Section 66450; and Section 41301, Subsection (b) of Title 5, California Code of Regulations, both of which prohibit the unauthorized sale, distribution or publishing of class materials for commercial purpose, thus serving as important safeguards of faculty intellectual property rights; and be it further

RESOLVED: That the ASCSU thank the Office of the Chancellor for its strong and immediate response to the recent launching of the NoteUtopia website, including an advisory e-mail to approximately 30,000 students and a letter to the website founder informing them of the CEC and Title 5 violations; and be it further

RESOLVED: That the ASCSU affirm its commitment to working closely with the Office of the Chancellor to ensure adherence to the provisions of the CEC and Title 5 as they relate to faculty intellectual property rights and other matters that affect the integrity of California’s educational mission; and be it further

RESOLVED: That the ASCSU distribute this resolution to the CSU Board of Trustees, the CSU Chancellor, Chancellor’s Office of General Counsel, the founder of NoteUtopia.com, CSU campus Presidents, CSU campus Provosts/VPAAs, and CSU campus Senate Chairs.

RATIONALE: CEC Section 66450 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=66001-67000&file=66450-66452) prohibits any business or person from selling or otherwise distributing or publishing unauthorized class notes for a commercial purpose.  In addition, Section 41301, Subsection (b)(14) of Title 5, California Code of Regulations, which is the Student Conduct Code that governs all students at the 23 CSU campuses, prohibits the “unauthorized recording, dissemination, or publication of academic presentations (including handwritten notes) for a commercial purpose.”  The most recent actions of the Office of the Chancellor in response to NoteUtopia represent an important safeguard for faculty intellectual property rights in particular, as well as the broader issues addressed by the CEC and Title 5.

Approved Unanimously - January 20-21, 2011



 
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