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Sharing Your Notes Online -- and Getting Paid for It

September 19, 2008

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Succeeding in college requires diligence -- regularly attending class, paying close attention, taking copious (and complete) notes. Wouldn't it be nice if there were a way to make some pocket change on the side, just for being a good student?

There's no indication, alas, that colleges are considering rewarding their students for doing well (besides good grades, that is). But one service, unveiled this week, is betting that it's doing the next best thing by serving as a hub for class notes, papers and other materials -- and paying the students who supply them for their labors.

Knetwit, as it's called, is a Web site that combines some familiar Web 2.0 features -- user profiles, file sharing, online communities -- with the goals of campus note-taking services. Its creators dropped out of Babson College to launch the service, now with backing of at least $5 million in venture capital and other funds. They have ambitions to develop it into a one-stop destination for educational content not only for students, but for professors and researchers as well.

As is often the case with new sites that rely on user-supplied content -- and especially those that direct advertising revenue to members based on the popularity of that content -- the model could raise some thorny legal questions, such as ones that continue to dog paper-based note-taking services, namely: At what point do class notes become indistinguishable from lecturers' intellectual property? And how much legal responsibility does the site bear for the contributions of its members?

Students -- or, potentially, professors -- join the site for free and can post their notes, papers and other assignments that might be helpful to others. Depending on one's point of view, that could be equivalent to study sessions or tantamount to cheating. Either way, users can search the site for materials they're looking for -- by keyword, tag, class or institution, for example -- and download them for free. Students rack up points -- what the site calls "Koins" -- for every download by someone else of something they've submitted, and those points can be redeemed for prizes at the Knetwit store or for money, through PayPal.

A potential pitfall is that students could theoretically upload anything, from plagiarized material to scanned copyrighted text. As a preemptive measure, the site is organized in the hope that students will police themselves, a bit like Wikipedia, by reporting potential copyright violations. Its FAQ section advises students: "You are free to use any material on Knetwit as a resource to aid your studies. However, Knetwit does not condone plagiarism or cheating of any kind and will do everything it can to prevent users from doing so. Please refer to your schools [sic] student handbook for specific rules your school enforces regarding the sharing of notes." Most common file types are accepted, with no real pre-screening mechanism.

The site's founders, Benjamin Wald and Tyler Jenks, say it will soon expand to other media, such as video and audio. Eventually, they see it as a platform to connect academic institutions around the world and to make content available in many different languages.

"You have a growing number of people online who are utilizing these educational resources, but there’s no dominant place for them to connect to each other," said Wald, citing the Massachusetts Institute of Technology's OpenCourseWare as an example of an online repository of free course materials. If someone wanted to take a class through that site online, for example, they could then use Knetwit to search for study guides and other resources, he suggested. Of course, OpenCourseWare features materials prepared by professors at one of the world's top universities, while this site could feature a paper written in an all-nighter by a C student.

And what better way to encourage students to upload their work than to pay them for it? Rather than the site's owners making a profit off of others' content (like YouTube), Wald continued, "why don't we create an economic incentive by giving that money back to the users, and actually a pretty substantial amount?"

The site's proprietary "Koins," earned for every download, are redeemable for about 4 cents each, a value that could increase, and users can start cashing in if they hit $10. Like other social-media sites, moreover, Knetwit rewards those whose contributions get the most hits -- or, in this case, downloads. "The average note just isn't going to be downloaded unless [the student] puts some effort into it," Jenks noted.

Combining a money-making enterprise with a site that hosts uploaded content raises some familiar issues, not least of which is whether students legitimately own the copyright to the content they submit. Similar questions arose in 1996, when the University of Florida unsuccessfully sued a note-taking service, A-Plus Notes, alleging copyright infringement. Some -- including legal advisers to Knetwit -- have taken that ruling to mean that much of what lecturers say in class amounts to factual information that cannot be copyrighted, essentially protecting note-taking services.

That view may still be challenged, however. In April, an e-textbook publisher and a University of Florida professor sued Einstein's Notes over study guides they allege violate the copyright of his lectures. The professor's lawyer said at the time that the case had a better foundation than the 1996 suit, since the lectures are recorded with registered copyrights.

"If the notes capture the professor’s words rather than merely concepts, then the professor ordinarily would have to give permission for the notes to be uploaded," said Jessica Litman, a professor at the University of Michigan Law School who specializes in digital copyright and intellectual property. "The professor owns the copyright of what she says, and the professor is allowing students to take notes, indeed encouraging students to take notes. The scope of the license is for their own personal use. There are lots of fields in which instructors turn their lecture notes eventually into publishable texts, so few of them would be willing to say to the students ... 'Yes, you can give that to the whole world.'"

On the other hand, Litman added, if the notes cover only the ideas and information from the lecture, "copyright doesn’t extend to that so long as you stay away from what the professor says and how she says it.”

Now, the model of companies paying students to take notes is migrating online, just as many students have started taking ever-more-verbatim notes on their laptops, rather than on paper. Earlier this year, PostYourTest.com encouraged students to upload their exams (sometimes enticing them with prizes), raising similar legal doubts, and sites like Koofers.com make exams, study guides and other materials available for free to anyone who signs up. Knetwit takes the concept a step further by adding financial incentives and social networking features.

"The argument that they’re making is fair use, and it’s pretty hard to make a plausible fair use argument out of selling your class notes, so I think to the extent anyone ever sued these services, and it’s not my impression anyone actually has, I think that services would be in trouble," Litman said. Furthermore, she added that in some cases, copyright may belong to a professor's employer -- that is, the university.

Already, the site is partnering with colleges to promote itself and, in the case of Florida Southern College, to operate as a platform for students with disabilities who require notes to be prepared for their lectures through a campus tutoring program.

At the University of Tennessee at Chattanooga, near where Knetwit is based, the company recently handed out bottles of water at a Greek event in return for access to students for promotional purposes, said Chuck Cantrell, the vice chancellor for university relations.

"One of our faculty members who sort of oversees our copyright and [intellectual property] issues here on campus met with some of the Knetwit folks before we agreed to this and felt that they had some safeguards in place to protect intellectual property," he said, "and also, I guess the bottom line is, the world is changing, and this is a new way of sharing information, and we wanted our students to have an opportunity to be exposed to it in a positive way....

"The bottom line is, we couldn't stop them [from joining] anyway."

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Comments on Sharing Your Notes Online -- and Getting Paid for It

  • Posted by Greg on September 19, 2008 at 10:20am EDT
  • a good notetaker wanting to make some money or free credits, might want to go to their college Disability Services office instead of wasting their time on this.

  • From Frizbane Manley’s Syllabus ...
  • Posted by Student Of Frizbane Manley on September 19, 2008 at 10:20am EDT
  • Addendum 1 (Taking Notes in Class)

    Because my “philosophy” regarding taking notes in class is apparently controversial here at *** University, I would like to describe my recommendation and my rationale.

    When I was in high school and college, virtually all of my teachers went to great pains to encourage their students to take notes in class … and some even provided instructions on how to do it effectively. In fact, one of my favorite colleagues here at *** University recently sent me the following note: “My students told me you discourage your students from taking notes in class? If so, why? I get upset when they don't take notes.”

    The answer is “Yes, I do, indeed, discourage students from taking notes in class.”

    My courses are different from most. I will spend as much time explaining what things mean as I spend providing you with new information (although there is plenty of that too and you can read it in your book(s) and in the hand-outs). I have each of you for an average of two-and-a-half hours per week for sixteen weeks, you must share that time with me with up to fifteen to thirty other students. I want you to use as much of that time as possible in an intellectual interaction (give-and-take and give-and-take, etc.) with me and with the other students in XX 203. I’m confident it will be a terrible waste of our time – both yours and mine – if you must spend that time frantically writing down everything I have to say (which is a lot) and then attempting to decipher it in the privacy (isolation) of your study space.

    In my classes, taking notes is generally an impediment to the learning process. I will do my part to try to make it unnecessary for you to do so. For example, if I think something is “worth writing down,” I will provide it for you in written form. I want to emphasize, however, that if taking notes is an important learning tool for you (as a specific individual), I understand that and will not discourage it. Nevertheless, I hope you will not find that to be the case.

    Please note that, while I would not generalize my perspective to other teachers and their classes, I certainly believe that, in general, to the extent that class time can be managed in a manner that minimizes note-taking and maximizes the interaction between teacher and student and students with each other, independence of thought, intellectual self-confidence, learning, and understanding are enhanced.

    The two-and-a-half hours a week I spend with my students is the only opportunity I have to convert them from individuals who generally think of themselves as learners, sitting at the feet of the master, into intellectual colleagues; i.e., partners in the learning process. As a “learner,” your learning capability will be seriously distorted when I disappear from the scene, As a “partner in learning,” your learning is much more likely to be a life-long process during which your interaction with me was merely a “blip” on the screen.

    So there you have it. If taking notes is an intellectual aid for you – and I hope you will very seriously consider the pros and cons of that activity in XX 203 – then, by all means, do it. Don’t think for a minute, however, that there are no negative consequences of taking notes in any class, let alone ours. My teaching style emphasizes the development/transfer of knowledge and understanding as an interactive process, not as a one-way street from the instructor’s mouth and PowerPoint slides (ugh!) to the student’s notebook and brain.

  • Copyrighting Words
  • Posted by Jeanne Boyle on September 19, 2008 at 1:00pm EDT
  • Since a work has to fixed in a tangible medium to be copyrightable, a professor would have to be reading from a script for her words to be copyrighted. At least that is one of the arguments I have heard re: why notes taken in class may be the intellectual property of the note taker rather than the professor.

  • Shoot--somebody figure out a way to pay ME instead
  • Posted by Jeanne Phoenix Laurel , Associate Professor & Chair of English at Niagara University on September 19, 2008 at 2:15pm EDT
  • Whether or not it's a copyright issue--I seem to be in sync with the prof whose syllabus was quoted. I come into my clases with fairly copious notes which I add to from class discussion (rather than writing on the ephemeral whiteboard), and then post on Blackboard for students to download. And I podcast everything. Nobody would make any money off me; I feel like a spoiler, but there it is. Many students seem to ignore these resources anyway, so I'm not sure what danger there is of someone plagiarizing from all this stuff.

  • Sharing Your Notes
  • Posted by DFS on September 19, 2008 at 5:40pm EDT
  • So we now come to it, people --- the ultimate milieu for the Copyright Attorney Cottage Industry.

    Look at technology, then either use it or not; it's still there.

    Why don't we just teach freshly prepared material and then test it? Put a fresh effort into your lessons on a continuous basis, and it should not matter in the long run. Further, any such accumulated material would only be another good resource for the student.

    Another benefit, if exploited --- attribution could be easily established with the help of yet another soon-to-be-seen avenue of exploitation for the information technology world.

    I have no problem with this. Knowledge should be shared. This is how it is inculcated now. I wish that I had all of these resources when I was a student!

    As for who gets the money --- just LET IT GO. This does not matter to us in the teaching profession, as long as we can establish attribution.

    If money matters, then we are in the wrong profession.

    The free market is a necessary force for human evolution.

    Entirely natural, all of this is, so get ahead of the curve and continue with what we do.

  • Posted by Chris on September 19, 2008 at 8:25pm EDT
  • Whether or not the copyright on the notes belongs to the professor or not doesn't necessarily matter. As long as the sites observe the DMCA takedown procedures, they can take advantage of the safe harbor provision and avoid any liability for infringing content that their users post.

  • Posted by PS on September 21, 2008 at 1:30pm EDT
  • I always learned the most in courses where I took the least amount of notes. When a class relies heavily on notes, "learning" enters the realm of memorization (which isn't real learning anyway because it is quickly forgotten after a test) and students focus more on compliance over learning. The best professors won't care if students sell or share their notes. They create stimulating and engaging classroom environments on their own anyway.