# Question about copyright/intellectual property **URL:** \ **Category:** Factual Questions\ **Created:** [January 25, 2006, 2:11am UTC](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493 "2006-01-25T02:11:29Z")\ **Posts on this page:** 6\ **Page:** 2
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [January 25, 2006, 8:32pm UTC](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493/21 "2006-01-25T20:32:22Z")
> [@Exapno Mapcase](#): > > So what’s the answer to my questions then? Hmm? 🙂 Oh, you’re wanting a _good_ lawyer, then. ---
**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\ **Post date:** [January 25, 2006, 8:38pm UTC](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493/22 "2006-01-25T20:38:20Z")
From what I have said so far, a professor’s lecture qualifies as a copyrightable work, so long as the fixation issue is dealt with. ---
**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\ **Post date:** [January 26, 2006, 2:58pm UTC](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493/23 "2006-01-26T14:58:21Z")
> [@Exapno Mapcase](#): > > Why don’t the Doper lawyers ever come into these threads? 😕 What am I, chopped liver? –Cliffy, Esq. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [January 26, 2006, 3:01pm UTC](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493/24 "2006-01-26T15:01:20Z")
> [@Cliffy](#): > > What am I, chopped liver? > > –Cliffy, Esq. Wait a second. A lawyer saying “I’m no expert”? Twice in one thread? Where’s the Bar Association’s SWAT team when you need them? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [January 26, 2006, 3:22pm UTC](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493/25 "2006-01-26T15:22:32Z")
If the professor were to set the lecture to music . . . > [@](#): > > § 1101. Unauthorized fixation and trafficking in sound recordings and music videos > Release date: 2005-08-01 > > (a) Unauthorized Acts.— Anyone who, without the consent of the performer or performers involved— > (1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation, > (2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance, or > (3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics in any copy or phonorecord fixed as described in paragraph (1), regardless of whether the fixations occurred in the United States, > shall be subject to the remedies provided in sections 502 through 505, to the same extent as an infringer of copyright. > (b) Definition.— As used in this section, the term “traffic in” means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of. > (c) Applicability.— This section shall apply to any act or acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act. > (d) State Law Not Preempted.— Nothing in this section may be construed to annul or limit any rights or remedies under the common law or statutes of any State. > **[17 U.S. Code § 1101 - Unauthorized fixation and trafficking in sound...](https://www.law.cornell.edu/uscode/text/17/1101)** At least in California, lectures are protected by state law: > [@](#): > > 1. (a) Except as authorized by policies developed in accordance > with subdivision (a) of Section 66452, no business, agency, or > person, including, but not necessarily 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 classroom > 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. > > (b) Nothing in this section shall be construed to interfere with > the rights of disabled students under law. > (c) As used in this section: > (1) “Academic presentation” means any lecture, speech, > performance, exhibit, or other form of academic or aesthetic > presentation, made by an instructor of record as part of an > authorized course of instruction that is not fixed in a tangible > medium of expression. > (2) “Commercial purpose” means any purpose that has financial or > economic gain as an objective. > (3) “Instructor of record” means any teacher or staff member > employed to teach courses and authorize credit for the successful > completion of courses. > **[California Code, Education Code - EDC § 66450 | FindLaw](https://codes.findlaw.com/ca/education-code/edc-sect-66450.html)** > > California Education Code EDC CA EDUC Section 66450. Read the code on FindLaw ---
**Author:** ![mazinger\_z](https://avatars.discourse-cdn.com/v4/letter/m/5f9b8f/32.png) [@mazinger\_z](https://boards.straightdope.com/u/mazinger_z)\ **Post date:** [January 26, 2006, 5:08pm UTC](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493/26 "2006-01-26T17:08:47Z")
> [@Exapno Mapcase](#): > > Whether a professor at a public institution delivering a verbal lecture constitutes a public figure the way a politician does is another legal question that I don’t have an absolute answer to. If anyone can shed some light on that I’d appreciate it. > > Why don’t the Doper lawyers ever come into these threads? 😕 You know, I swear I posted to this thread yesterday, those damn hamsters! This is the third time I’ve noticed a post gone missing. :mad: Anyway, I am a lawyer, all standard disclaimers apply as in my last post. I used to practice copyright law, too, but that was 6 years ago. A professor is not a public figure the same way a politician or a rock star is a public fiure. (Btw, this isn’t a copyright issue). Unless, however, the politician is also famous in some other way, like Milton Friedman, Paul Simon (the Senator from IL, not the rock star, though, he’s famous too), Richard Posner, etc. There is no bright line test to evaluate whether or not someone is a public figure. However, being a public figure does not factor into whether something is copyrightable or not. What I think you’re saying is if making speeches in public is copyrightable? Generally, no, because it’s made in public, and besides, it doesn’t meet the fixed requirement. However, to use someone else’s recording of the speech does entail copyright measures and protections. Public universities are not public fora. The school and the professor both have a right to prevent recordings of their speeches/lectures… [Previous page](https://boards.straightdope.com/t/question-about-copyright-intellectual-property/341493.md?page=1)