This is a classic case of undue influence to coerce students into involuntarily ceding their intellectual property rights-under duress-to a profiteering, corporate giant. Hmm, let me see, students can either agree to be violated, or they can CHOOSE to get an "F" on every paper or "find another school." Great options, eh! Maybe, but I feel like if I choose to upload something to turnitin (whether I have consequences for not following through or not), then I'm giving consent to turnitin to use it under the terms of service (if the terms of the service are made clear.) Before they were just arguing that uploading a paper under the regular terms of service was a violation of their intellectual property. However they've been waging this battle under different terms since the beginning of the school year and this is the latest tactic.
In this case I guess they argue that the papers were not supposed to be archived (although I didn't know that was an option). But I'm not a lawyer, I just don't see how this is a case when you knowlingly upload a paper to Turnitin. You could simply refuse and take the consequences. I don't think it matters whether you're required to do this for a class - that's an issue to take up with the teacher - no one can physically force you do it. It seems to me that by registering under the terms of agreement and uploading the paper, there is implied consent that they will use it the way they do. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200.ĮDIT: I looked into it a bit more and there is some interplay with Section 412 that may make statutory damages unrecoverable for unpublished, unregistered works OR works that are published but not registered for three months after the publication. (2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.
For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work. (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just.
Turnitin uf registration#
But I don't think registration is a pre-requisite to statutory damages Groove, I think the registration goes to willfulness, which increases the amount of the damages.
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