2009 California Education Code - Section 66450-66452 :: Chapter 6.5. Unauthorized Recording, Dissemination, And Publication Of Academic Presentations For Commercial Purposes

EDUCATION CODE
SECTION 66450-66452

66450.  (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.

66451.  (a) Any court of competent jurisdiction may grant relief
that it finds necessary to enforce this chapter, including the
issuance of an injunction. Any person injured by a violation of this
chapter, in addition to actual damages, may recover court costs,
attorney's fees, and a civil penalty from any person who is not a
student enrolled in the institution at which the instructor of record
makes his or her academic presentation and who seeks to obtain
financial or economic gain through the unauthorized dissemination of
the academic presentation. The amount of the civil penalty shall not
exceed one thousand dollars ($1,000) for the first offense, five
thousand dollars ($5,000) for the second offense, and for any
subsequent offense, a penalty of not less than ten thousand dollars
($10,000) or more than twenty-five thousand dollars ($25,000).
   (b) Actions for any relief pursuant to this chapter may be
prosecuted in a court of competent jurisdiction by the Attorney
General or any district attorney or by any county counsel authorized
by agreement with the district attorney in actions involving
violation of a county ordinance, or any city attorney of a city, or
city and county, having a population in excess of 750,000, and, with
the consent of the district attorney, by a city prosecutor in any
city having a full-time city prosecutor or, with the consent of the
district attorney, by a city attorney in any city, or city and
county, in the name of the people of the State of California upon
their own complaint or upon the complaint of any board, officer,
person, corporation, or association or by any person acting for the
interests of itself, its members, or the general public.
   (c) It does not constitute a violation of this chapter for a
business, agency, or person solely to provide access or connection to
or from a facility, system, or network over which that business,
agency, or person has no control, including related capabilities that
are incidental to providing access or connection. This subdivision
does not apply to a business or agency that is owned by, or to a
business, agency, or person that is controlled by, or a conspirator
with, a business, agency, or person actively involved in the
creation, editing, or knowing distribution of a contemporaneous
recording that violates this chapter.

66452.  (a) The Regents of the University of California and the
governing boards of private postsecondary institutions are requested
to, the Trustees of the California State University shall, and the
governing board of each community college district may, in
consultation with faculty, in accordance with applicable procedures,
develop policies to prohibit the unauthorized recording,
dissemination, and publication of academic presentations for
commercial purposes. Nothing in this chapter is intended to change
existing law as it pertains to the ownership of academic
presentations.
   (b) The Regents of the University of California and the governing
boards of private postsecondary institutions are requested to, the
Trustees of the California State University shall, and the governing
board of each community college district may, adopt or provide for
the adoption of specific regulations governing a violation of this
chapter by students, along with applicable penalties for a violation
of the regulations. The regents are requested to, the trustees shall,
and the governing board of each community college district may,
adopt procedures to inform all students of those regulations, with
applicable penalties, and any revisions thereof.



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