Appendix H
Policy on Unauthorized Use of Course Materials
for Commercial Purposes
(Reference to Section 102.23)
I. Definitions
A. Course Materials: The term course materials
means all materials prepared by or under the
supervision of the instructor for use in the
course, including, but not limited to lectures
and discussions, handouts, examinations, and
the course website. Notes or readings of class
lectures and discussions are considered course
materials for purposes of this Policy.
B. Commercial Purpose: The term commercial
purpose means any purpose that has financial
or economic gain as an objective. Commercial
purpose does not include University activities,
such as an activity engaged in on behalf of
the Disability Services Center or the Learning
and Academic Resource Center.
II. Policy
Course materials are for purposes of individual
or group study or for other non-commercial purposes
reasonably arising from the student's enrollment
in the course or the University. Permission
to use course materials or to make notes or
recordings falls within the instructor's discretion
as informed by instructional purposes, classroom
order, property interests or other reasonable
issues arising in the academic context. Course
materials may not be exchanged or distributed
for commercial purposes, or for any other unauthorized
purposes. Unless authorized in advance and in
writing by the instructor and by the University,
commercial use of course materials constitutes
an unauthorized commercial activity in violation
of the UCI Policies Applying to Campus Activities,
Organizations, and Students, section 40.00(B).
Requests for authorization from the University
should be directed to the Associate Vice Chancellor,
Student Affairs. Students who violate this policy
are subject to University discipline. In addition,
misuse of course materials may subject an individual
to legal proceedings.
AB 1773 was signed into law during September
2000, to be effective January 1, 2001. This
State Law amended the California Education Code,
as follows:
66450(a) Except as authorized by policies developed
in accordance with subdivision (a) of section
66452, no business, agency, or person, including,
but not limited to, an enrolled student shall
prepare, cause to be prepared, give, sell, transfer
or otherwise distribute or publish, for any
commercial purpose, any contemporaneous recording
of an academic presentation in a class room
or equivalent site of instruction by an instructor
of record. This prohibition applies to a recording
made in any medium, including but not necessarily
limited to, handwritten or typewritten class
notes.
The full text of the California Education Code
66450-66452, including a description of civil
penalties and the legal and financial remedies
available to the University and an individual
instructor for violations of this State law,
can be found at www.leginfo.ca.gov and at http://caselaw.lp.findlaw.com/cacodes/edc/66450%2D66452.html
Nothing in this Policy is intended to alter
the intellectual property rights of the instructors.
Students are reminded that this Policy also
applies to their use of any course materials
posted by instructors on websites.
Nothing in this Policy is intended to alter
the obligation of students and campus organizations
to obtain proper authorization from the instructor
and/or the University concerning the non-commercial
use of course materials.
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