Appendix 5

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.