Legal Question in Intellectual Property in Ohio

Is a syllabus intellectual property?

Is a syllabus considered proprietary or trade secret information? Could a student or anyone other than the professor be subject to any recourse for posting a past syllabus?


Asked on 1/07/09, 11:46 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Is a syllabus intellectual property?

A syllabus can be considered to be intellectual property if it contains original material (copyright) or material that sets this course apart and provides the institution providing the course with a competitive edge over other institutions offering similar courses (trade secret).

As to whether there is recourse for posting a syllabus, that depends on many, many factors. Is the syllabus known by the poster to contain trade secret information? Is the syllabus the subject of a registered copyright? For what reason is the syllabus posted? Is there a likelihood of actual damage or harm being done to the owner of the syllabus through the posting? And the list goes on....

Syllabi are often posted on university and college websites. Commercial courses also post syllabi to entice potential attendees. Private industry may regard syllabi as trade secrets and subject the poster to a lawsuit for violation of the trade secret if the poster came by the syllabus through association with the particular company involved.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 1/12/09, 1:05 pm


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