The campus policy on Course Note-Taking and Materials balances students’ interest in taking and sharing course notes and materials to enhance learning and faculty’s rights to their intellectual property and their interest in ensuring the accuracy of any public representations of their course lectures and materials. It is important for faculty to communicate to students their position on sharing course notes and materials beyond individual and group study among those enrolled in the same course.
When disputes arise, especially with individual students, you are encouraged to try to resolve them informally. As a last resort, if you decide to take corrective action to protect your intellectual property rights, Cease and Desist letter templates are available here for you to download. Please read the FAQs carefully before taking any action.
Download Cease and Desist Letter Templates: Cease and Desist Letter To Students Cease and Desist Letter To Third Parties Cease and Desist Letter with DMCA Language (also known as DMCA take-down notice or DMCA notice) |
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Course Note-Taking and Materials Faculty FAQs
What is the campus policy regarding course notes and course materials?
What steps should I take to make students aware of this policy?
What steps can I take to prevent unauthorized use of course materials, including exams?
What if I have a less restrictive usage policy for some or all of my class materials?
What can I do to make to make students aware of academic integrity issues more broadly?
How does this policy affect students with disabilities?
What steps can I take if a UCB student has violated the campus course note-taking policy?
What do I do if I discover that my class materials have appeared on an unauthorized website?
What steps can I take if I have identified the individual or website operator who posted my materials?
What steps can I take if unknown third parties have posted my materials to a website?
What if my class materials are posted to a website that is using the UC trademark, and I am uncertain if it is doing so legitimately?
What do I do if I wish to have the campus authorize a note-taking service?
What is the campus policy regarding course notes and course materials?
As an instructor, you retain the copyrights to your class materials. This right stems from Federal law and is dictated by the University of California Policy on the Ownership of Course Materials and UC Berkeley campus policy on Course Note-Taking and Materials. Unless you inform your students otherwise, students enrolled in a course may take notes and share them with other students enrolled in the class during the same semester.
Non-commercial reproduction or distribution of class notes or materials beyond the students enrolled in the same course during the same semester, including audio or visual recordings of lectures or class presentations, are not allowed unless approved by you in writing in advance of the sharing.
Students may not reproduce or distribute class notes or materials to third parties for commercial use. Exception: if there is a campus-authorized note-taking service, an instructor may approve its use, and has the right to negotiate all aspects of the services.
This policy applies to materials that you have created and have posted on your class website (for example, on bSpace) or distributed to students in any other context or format (hard copy hand outs, for instance).
What steps should I take to make students aware of this policy?
On your syllabus, on your bSpace site, and on the first day of class, you should refer to the policy and your own position on course notes and materials. Make it clear that students with disabilities with a need to record the class in some way, or have a note taker, and that this approved accommodation does not require your consent.
Although there are two versions of suggested wording, below, remember that setting the guidelines for what students may or may not do is largely up to you.
In this class, you may share any notes you take with other members of this class. Any other use of notes or materials, or any kind of recording of this class, must be approved in writing and in advance by me. Any commercial use of materials from this class is forbidden by University policy and California state law.
In this class, you may share any notes you take with other members of this class. You may also record the class, if you wish, as long as that recording is only for use by you and other members of this class. You may not post notes, recordings, class materials, etc., anywhere except on our class bSpace site. Any commercial use of materials from this class is forbidden by University policy and California state law.
What steps can I take to prevent unauthorized use of course materials, including exams?
Include language conspicuously on each of your course materials and exams clearly stating your preference regarding the sharing of each type of material or exam. Suggested options for course materials, other than exams, include these: “No restrictions on reproduction or distribution for non-commercial purposes,” “May be shared with instructor’s prior written approval,” or “Copyright [your name]. Not to be shared with anyone outside of class members.” For exams, most instructors will likely choose: “Copyright [your name]. Not to be reproduced or distributed.”
What if I have a less restrictive usage policy for some or all of my class materials?
You may wish to consult the Creative Commons website. Creative Commons copyright licenses provide standard licensing options, which you may affix to your course materials. These licenses allow you to retain copyright while allowing others to copy, distribute, and make some uses of your work. The extent to which you allow others to use your work is dictated by the type of Creative Commons license that you select.
What can I do to make to make students aware of academic integrity issues more broadly?
We encourage you to make use of or to revise the following paragraph in any way that is appropriate to communicating to students about the broader topic of academic integrity:
You are a member of an academic community at one of the world’s leading research universities. Universities like Berkeley create knowledge that has a lasting impact in the world of ideas and on the lives of others; such knowledge can come from an undergraduate paper as well as the lab of an internationally known professor. One of the most important values of an academic community is the balance between the free flow of ideas and the respect for the intellectual property of others. Researchers don't use one another's research without permission; scholars and students always use proper citations in papers; professors may not circulate or publish student papers without the writer's permission; and students may not circulate or post materials (handouts, exams, syllabi--any class materials) from their classes without the written permission of the instructor.
How does this policy affect students with disabilities?
Students requesting accommodations for a disability must provide you with a letter from a Disabled Students’ Program professional. The letter will specify the necessary accommodation, such as an audio recording or a note taker. If you are concerned that an audio recording or other materials might be used beyond the requirements of the accommodation, simply remind the student of the policy. If you have questions about accommodations related to the policy, you should contact the Disabled Students’ Program .
What steps can I take if a UCB student has violated the campus course note-taking policy?
First, consider working out an informal and amicable solution, if possible and/or appropriate.
In most circumstances, a violation of this policy will fall under the rules of academic misconduct and should be handled through The Center for Student Conduct and Community Standards. You can inform students that they are in violation of Section V.102.23 of the Berkley Campus Code of Student Conduct.
You may also choose to send a cease and desist letter to students.
In cases involving commercial enterprises, students are in violation not only of the Code of Student Conduct, but also of the University of California regulations and California state law. Student Conduct will decide when it is appropriate to contact campus legal counsel.
What do I do if i discover that my class materials have appeared in an unauthorized website?
First, be certain the other party is infringing on your copyrights. Remember that as an instructor you hold the copyright to your class materials even if you have not officially registered a copyright. Limited exceptions to this exist (such as sponsored projects, commissioned projects, course materials created with an exceptional amount of University resources, or course materials you have created using the intellectual property of others).
If you find your class materials on an unauthorized website, you have several options. Since you, rather than the university, hold the copyright to your materials, you must decide whether or not to take action and what action is appropriate based on the type of copyright violation.
What steps can I take if I have identified the individual or website operator who posted my materials?
If you can identify the individual or website operator who has posted your material, you can send a cease and desist letter to third parties.
Note also that if the website appears to use the University’s name, colors or logos, there may be reason for the University also to send a “cease and desist letter.” In this instance, please contact the Office for Marketing and Business Outreach at ombo@berkeley.edu.
What steps can I take if unknown third parties have posted my materials to a website?
At some websites, students and third parties post course materials directly to the site. In such cases, the website operator provides a platform for sharing of materials rather than selecting and posting the materials directly. If the website operator is NOT making the decision about what to post and if you cannot identify who posted the material, then Federal law known as the Digital Millennium Copyright Act (DMCA) dictates that your cease and desist letter take a different form, commonly referred to as a DMCA notice.
You can also send the same notice to a website company’s advertising partner, such as Google Adsense, who is helping the company to profit from material that is actually owned by you. While most website hosting companies will accept your DMCA notice via email, don’t be surprised if you are asked to mail or fax the document with your signature. The website company will post a DMCA agent and instructions for filing DMCA notices on its website, so check there for contact information.
Note: The DMCA is a United States law and only applies to servers within this country.
Is there someone who can help me prepare and send a "cease and desist" letter or a DMCA take-down notice?
The campus does not provide this service; however, commercial filing services are available that are reasonably priced.
Contact the Office of Marketing and Business Outreach or ombo@berkeley.edu to determine if the UC trademark is being used in violation of UC policy.
What if my class materials are posted to a website that is using the UC trademark, and I am uncertain if it is doing so legitimately?
Contact the Office of Marketing and Business Outreach to determine if the UC trademark is being used in violation of UC policy.
What do I do if I wish to have the campus authorize a note-taking service?
The Business Contracts Office, in consultation with the Academic Senate, authorizes campus note-taking services. Work through your departmental business officer in formulating an authorization proposal to the Business Contracts Office.