Directions: Use this assignment for group discussion. As you complete the questions, discuss the various ways of interpreting Copyright Law. Also, consider the potential outcomes at the deciding of this case. In other words, how might this case influence practical uses of technology with regard to Copyright Law?

Since the fall of 2006, some students at McLean High School in McLean, Virginia have questioned educators’ use of Turnitin.com at their school. Recently, those students filed a lawsuit against the plagiarism detection service for allegedly archiving their papers in the database and submitting their work to third parties. According to The Washington Post, the students are seeking $900,000 in damages for allegations of violations of Copyright Law (Gold, Page B05). Do these students have a case? Check the blank that most accurately reflects your understanding of Copyright Law and Intellectual Property Laws with regard to this case:

1. Educators' use of Turnitin.com is a violation of Copyright Law regarding fair market value.

Explain your answer.

2. If the students had requested of Turnitin.com not to have their work archived in the database and/or submitted to third parties, then they would have a legitimate case. If they did not request prior to submission, then their case is (seemingly) thin.

Explain your answer.

3. Since educators are using this for-profit service for educational purposes, there is no copyright infringement.

Explain your answer.

4. If students intend to publish their papers at a later date, then there is possible copyright infringement at stake.

Explain your answer.

5. Upon submission of students’ papers into a database, students’ rights are violated because their papers are then assessed for plagiarism in future work. This is copyright infringement.

Explain your answer.

6. Once students submit their papers to the instructor via Turnitin.com, the papers become the property of the educational institution and subsequently the plagiarism-detection service. Therefore, there are no violations of Copyright and other Intellectual Property laws.

Explain your answer.

7. If Turnitin.com does not display or distribute the students' work, then there is no copyright infringement. Even though Turnitin.com archives students’ work, in this scenario the students do not have a case.

Explain your answer.

8. Because Turnitin.com is attempting to protect copyright interests by preventing plagiarism of students' (and other authors') future work, the students' do not have a case.

Explain your answer.

9. This lawsuit hinges on fair use factors concerning the nature of the work as creative or factual. The students have a strong case since the database contains creative works and is searchable by third parties.

Explain your answer.

10. If students were given a choice to submit their papers or receive “F” on their work, then (as minors) they were victims of coercion under duress. Upon receiving their submissions, Turnitin.com would have profited from minors in this scenario. The students have a strong case.

Explain your answer.