StudyBlue provides students with a platform and suite of tools that allows them to study more effectively. The learning process is greatly enhanced when studying in pairs or groups, enabling the sharing and comparing of ideas and information. It is further enhanced when students are able to bring together information from various sources on the topic to be learned (lectures, textbooks, classmates, etc). StudyBlue brings the power of both online so students can study smarter.
We believe the law permits students to have the right to make fair use of their lecture notes, and to collaborate during the learning process by sharing the content they create, enabling a much higher level of learning.
We also believe that professors have the right to protect their original works. StudyBlue respects and abides by all applicable copyright laws, including the Digital Millennium Copyright Act (DMCA). The DMCA exists in part to enable users to freely share information online while at the same time protecting the rights of copyright owners, original content creators and the service providers that make sharing possible.
A user might post content that has been copyrighted. When this is brought to our attention, the DMCA outlines a process by which StudyBlue notifies the student and protects the copyright owner. Here is what you can do:
What should I do as a student?
If you have any question as to whether or not sharing your study materials violates copyright and/or fair use doctrine, check with your professor/teacher before posting them online or choose to mark them as “private.” In addition, check your school’s policies regarding note sharing.
StudyBlue follows the DMCA closely, and we may privatize some of your content following a legitimate DMCA complaint. You will be notified in accordance with the policy.
If you feel that material that you have placed online that has been privatized following an infringement complaint is in fact NOT an infringement, you may file a counter notification.
Filing a counter notification is easy. If you choose to submit one, you may draft your own or use the counter notification generator located here. Your counter notification must contain the information listed in our DMCA policy.
Please submit the counter notification to StudyBlue’s agent:
By e-mail: copyright@studyblue.com (Subject line: DMCA)
By mail: StudyBlue, Inc., 602 State Street, Suite 200, Madison, Wisconsin 53703. Attn: Chris Klundt.Please note: StudyBlue is required to deliver your counter notification, along with identity and contact information, to the person who submitted the notice of claimed infringement. The person claiming infringement of their copyrights may choose at any time to sue the poster of the material in question. If their copyright claim is misrepresented, however (for example, the material is protected by the fair use doctrine), the person making the claim may be liable for damages.
What should I do as a professor/teacher?
It is important to StudyBlue that no one’s copyrights are violated. If any of your copyrighted material has been posted on StudyBlue we’ll work with you to correct it following the DMCA policy.
We depend on content owners to advise us when material that’s been posted online is infringing. We also depend on users who post material appropriately, to advise us when it is not. These can be difficult calls to make, and they can have serious legal consequences. StudyBlue cannot provide legal advice and suggests – whether you are considering a notice of claimed infringement or a counter notification – that you consult a qualified copyright attorney.
As the DMCA requires, StudyBlue has adopted a policy outlining the steps content owners must follow if they believe their copyrighted material has been posted to StudyBlue in a manner that constitutes infringement. Our policy appears here.
Not all unauthorized uses of copyrighted material constitute infringement. The fair use doctrine, for example, can permit the use of copyrighted material without permission from the copyright owner. StudyBlue cannot provide legal advice either to content owners or StudyBlue users about whether a particular use does or does not constitute fair use. It is up to you to consult qualified counsel.
You should know, however, that a recent Federal court decision imposes upon content owners an affirmative duty to evaluate whether the fair use doctrine applies, before submitting a DMCA takedown request. (Lenz v. Universal Music Corp., 572 F. Supp. 2d 1150 [N.D. California 2008]).
The DMCA itself further provides that any person who knowingly materially misrepresents that material or activity is infringing, shall be liable for any damages, including costs and attorneys fees. To review a case where this provision applied, please see this case.
If you do submit a notice of claimed infringement: in addition to being forwarded to the person who provided the allegedly infringing content, a copy of your notice (with your personal information removed) may be forwarded to Chilling Effects which may publish and/or annotate it. You can see an example of such a publication here.