College Test Files
There’s a difference between access and copying. But the difference is not so intuitively obvious in the case of online archives. It is critical, however, in determining the possibility of copyright issues.
This article in the University of California, SD Guardian discussed in depth various issues related to an online repository for tests from college courses, made available to subsequent students in those courses. But the bottom line for me is the almost accidental technical difference between handing someone a copy of your old test and scanning that same test into your computer.
When a college professor gives you a written test and allows you to keep that copy, you own the copy - that is, the physical piece of paper - with that test on it. Barring a specific agreement otherwise, or a school ethics code prohibition, you are free to hand that test to your roomate, or to file it in a place accessible to other students. The latter is a common practice in fraternities and other campus student groups. You could even sell the piece of paper to someone else.
But when you post the same test on the internet, you have created another copy of the test, which is prohibited by copyright law unless you have permission or the copy constitutes “fair use.” Even holding the paper up in front of a video camera and posting the video probably creates a new and separate “copy” of the test.
Many professors are not that concerned with the copyright issue. They are aware and prepared for the need to have new questions on each test they give, and don’t otherwise assign value to their tests that would make them object to the postings. In those cases, you may have “understood” permission to post the test. But other professors clearly do object, as discussed in the article. So while online filing cabinets are convenient, the best route to sharing tests may still be the old fashioned walk down to the student commons to check the metal filing cabinets in person.
May 25th, 2009 at 2:58 am
I think this blog is extraordinary, thanks for the share.
June 28th, 2009 at 8:03 pm
Interesting view on the college test files issue. The law is interesting.