Legal Question in Intellectual Property in Washington

Copyright of school class notes...

I am an acupuncture student. I have compiled a computer database of chinese medicine reference material (www.qisource.com). The information is a collaboration from many different resources including class notes, textbooks and clinical experience. The information is not verbatum, but very similar (there are not many different ways to describe the subject).

My school says I have broken copyright laws and must remove the website and software or they will not let me attend the school.

Have I broken the law and can they sue me or kick me out of school?

Thanks


Asked on 3/21/02, 5:44 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Copyright of school class notes...

Your post suggest two areas that are problematic from an intellectual-property point of view, and a third problem in practice.

Class notes are actually derivative works of the professor's lecture, and posting them without the professor's consent can get you into serious trouble. That is the strongest and likeliest tie-in with the academic discipline that is being threatened.

The second problem is that posting sections of a textbook most likely also is infringing, here on the copyright of the author.

The third, practical-level problem is that you really don't want to get into a legal fight with your school -- they can likely afford it better than you can, and you may find yourself in limbo for years if you are unable to pursue your studies during the court battle.

Accordingly, I would suggest that you should take the site down until the legal issues can be sorted out. You should consult a qualified intellectual property lawyer in your area for advice on developing a Web site that does not infringe upon the IP rights of others.

Best wishes,

LDWG

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Answered on 3/22/02, 8:43 am


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