Copyright Law

Einstein’s Notes Sued for Publishing Prof’s Practice Questions, Lecture Notes

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A lawsuit filed in a Florida federal court contends Einstein’s Notes committed copyright violations by publishing lecture notes and practice questions from a University of Florida professor.

The suit (PDF) contends professor Michael Moulton took notes during his own lectures on wildlife issues in the new millennium, obtained a copyright and transferred it to Faulkner Press, which publishes textbooks by many University of Florida professors. The suit alleges Einstein’s publisher Class Notes infringed Faulkner’s copyright by publishing its own notes taken in Moulton’s class.

Faulkner Press also contends that Einstein’s violated its copyright on textbooks co-written by Moulton by publishing practice exam questions that appeared in the textbooks.

Faulkner’s lawyer, James Sullivan, told Wired Blog Network that Moulton had used an overhead projector to show the high points of his lecture, and an Einstein’s note-taker would write down Moulton’s words. He said Moulton’s writing on the transparency fixed the copyright and made it easy to compare what he wrote with the notes that Einstein published.

Thomas Bean, owner of Class Notes, told the Gainesville Sun that a 1996 case had established that note-taking services are legal. But Sullivan told Wired Blog Network that the present case is more solid than the previous suit because Moulton registered his copyrights and recorded his lectures.

Moulton told the Sun he’s glad his notes are the subject of the case.

“I think it’s a disgrace that these third parties can come in, copy your notes and sell them to the students and the students don’t even have to come to class,” he said. “I think you’ve created a culture where students think if they don’t buy the notes, they’re not doing everything they can to get a good grade.”

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