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I have a professor who has published his lecture notes in the form of a book. The only way to get access to his lecture notes is to purchase them from an off-campus bookstore. To me, this seems like a highly unethical, if not illegal, practice. Shouldn't students have access to lecture notes as part of the tuition fees that they have paid?

A common question seems to be whether we are actually required to purchase the notes. To clarify, he routinely skips teaching chapters in class and asks them to read them from the notes on our own. So yes, we have to buy the notes if we want to be taught the entire syllabus.

Edit: The notes are different from the textbook. The textbook is not really needed, while the notes are fully needed. I'm seeing people confusing the two and claiming that many professors prescribe their own textbooks for the courses. My question is to whether access to notes should be free and universal for every student in the lecture.

Gummy bears
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    Professors usually require students to purchase a textbook for the course. And it may not be unreasonable to choose one of which the instructor is the author. However, the ethics of academic publishing and of academia generally in today's world have lots of complications that might make this unethical in some cases. – Michael Hardy May 29 '18 at 02:10
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  • @MichaelHardy A textbook is a wholly different matter. These are lecture notes that the professor uses during class. He also has a textbook which is separate from the lecture notes that I'm talking about. The lecture notes refer to the slides that are used in class while teaching. – Gummy bears May 29 '18 at 02:13
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    @Anyon I did read through that answer. However, I feel this is taking it one step forward. Not only is he selling lecture notes (not a textbook, but the slides he uses to teach in class) but the material is only available at a single bookstore that is off-campus. As far as I understand, required/suggested material for courses should be available at the university bookstore, especially if it is authored by the professor themselves. – Gummy bears May 29 '18 at 02:14
  • @Gummybears : But you said it was "in the form of a book". I would take that to mean a firm in the business of publishing books published it as a book. – Michael Hardy May 29 '18 at 02:15
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    @MichaelHardy The "book" is simply the slides printed out and bound together using a spiral binding. – Gummy bears May 29 '18 at 02:16
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    @Gummybears It would certainly look better (and be more convenient) if it was available at the university bookstore, or more widely available. I.e. there'd be less risk of nepotism/collusion/potential conflict of interest. That's not (necessarily) about ethics though, but about appearances. – Anyon May 29 '18 at 02:25
  • @Anyon I see. However, what's even more dubious is that none of the texts is listed under required/suggested materials for the course on the university website when registering for the course. – Gummy bears May 29 '18 at 02:34
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    It sounds like the professor is just not very comfortable with technology, rather than being sketchy. While it’s nice if it’s all available online, the school may not require instructors to list textbooks at registration. (Students at my school get that info from the bookstore.) – aeismail May 29 '18 at 02:48
  • @aeismail To the first point, that would be believable had the purchase of the book not included access to an electronic version as well. To the second point, apparently the bookstore is unaware of these books. They point me towards the general course prescribed book which is by Pearson, not the professor. So they have no idea as to what book the professor requires for his classes. – Gummy bears May 29 '18 at 03:27
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    OK. I won’t try to figure out the motivations. However, the real issue here is if there’s a markup going on. If it’s being sold “at cost,” then there’s really nothing untoward going on. – aeismail May 29 '18 at 03:51
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    OMG, how lucky were we. When the flood took away the textbooks in the uni's library (where one normally could lend them) the professors made a collection among themselves to find as many copies as they could and they lent us their personal copies so that we had textbooks to learn from. If I compare that with this. – Vladimir F Героям слава May 29 '18 at 08:19
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    You have two separate questions, with unrelated answers. (1) Professor requires his own book (2) Students must by a book (regardless of the author). – GEdgar May 29 '18 at 13:44
  • The big question is it: when did he write the lecture notes. If he wrote them doing work time: i.e. time paid by his salary from the university, the notes could be considered property of the university. If he starts selling them without their consent, this might in fact be illegal. As a company employee I'm also not allowed to sell my work to another company. I think he is probably paid to give lectures, so in a lawsuit he'll have a hard time defending that he wrote it is his own time. – JHBonarius May 29 '18 at 14:01
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    @1006a I don't think the OP has said anywhere they have to buy them (as in, the professor requires them to); but they are probably used to lecture notes being made available for free online and are surprised by this practice. – Azor Ahai -him- May 29 '18 at 16:10
  • Run a friend's copy through a photocopier? That falls under "fair use" regulations in Germany at least. Or make it clear to that prof that you would by his book, but find it unfair to make students pay for a stack of slides. – Karl May 29 '18 at 17:10
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    @Gummybears If your professor is really skipping sections of the printed lecture notes and telling you to read them on your own, then the printed lecture notes aren't functioning as lecture notes at all (in the sense of "a recap of what was said in lecture"), they are effectively functioning as a book. That is not rare, plenty (maybe the majority) of textbooks develop from such lecture notes. – knzhou May 29 '18 at 20:39
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    @Gummybears: Can you please [edit] all clarifications into your question, then delete your respective comments and flag comments of others which you completely addressed as no longer needed? (Same goes to other commenters: If your comment was completely addressed, please delete it.) – Wrzlprmft May 31 '18 at 08:26
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    I'm having difficulty determining the question that the OP wants answered. There are a lot of "?" characters in the question, but most of them follow either rhetorical statements or why questions that only the professor can answer. As the question stands, it is highly emotionally charged and sounds more like one of these. OP, can you edit the Q into a single neutral-toned question that is answerable by this community? – shoover Jun 01 '18 at 16:50
  • @shoover My bad there. I've edited it now. I think that should make it more reasonable. – Gummy bears Jun 01 '18 at 23:49

4 Answers4

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(This answer is based on US university practices. I don't know if it is directly applicable to Canada, but the two systems generally tend to be similar.)

It's hard to be sure, but this might be a practice that's old-fashioned but not unethical.

First of all:

Shouldn't students have access to lecture notes as part of the tuition fees that they have paid?

Not necessarily. If the course requires materials that have a non-negligible cost, then typically students will be required to pay for them separately. This includes textbooks, lab supplies, and, as in this case, custom-printed "course packets" of notes or other reading material.

Now, normally the university has its own service for printing course packets and selling them "at cost" through the university bookstore. However, it sometimes happens that professors decide that some other bookstore or print shop can produce the packets better or cheaper, and so they have them made and sold there. This may or may not be technically allowed by university rules, but it may be tolerated, especially if it's actually saving money for the students. Note that in such cases, the professor normally doesn't receive any of the price of the packet; it all goes to the print shop.

So this isn't a completely unheard-of system for distributing printed material.

You could certainly ask the professor why they've chosen to do it this way. My guess is you'll get a response like "I used to use the university bookstore, but the packets were always late / fell apart at the binding / ran out of stock / cost twice as much." So you could try and complain about the use of an unofficial distributor, but be careful what you wish for.

It raises the question of why the notes have to be distributed in printed form at all, instead of electronically (in which case there should be no costs at all). I can imagine this happening if the professor is very old-fashioned and hasn't ever realized that this would be better, or if the notes don't exist in electronic form (e.g. they are handwritten or typed on a typewriter), or just "has always done it this way". But it would be reasonable to suggest, either directly to the professor or in a course evaluation, that they consider electronic distribution.

Nate Eldredge
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    Maybe it's a legal matter? Possibly a misunderstood one. But perhaps it is thought that distributing electronically is more likely to lead to copyright infringement issues with some of the material (say if the packet, which includes partial copies of protected works, is then shared to non-students by someone, someone gets hacked, etc.) than a physical copy would be. – zibadawa timmy May 29 '18 at 02:46
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    @zibadawatimmy Apparently the “book” is just the professor’s slides. – aeismail May 29 '18 at 02:49
  • To me, it's not about the cost of it, but rather the conflict of interest. Making students pay to access your lecture notes, the electronic version of which you use in class to teach; not listing the text as required/suggested material on the course website; selling the material only on an off-campus bookstore; skipping chapters and asking students to read them from the book; all seem like an ethical gray area to me. However, I might definitely be reading too much into it, and that's why I decided to ask on StackExchange before emailing the query to the concerned university office. – Gummy bears May 29 '18 at 03:40
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    @Gummybears: Assuming the instructor isn't profiting, I don't see where there's any conflict of interest. Making students buy materials is normal, as I mentioned, provided that the price goes to the producer of the materials. Not listing it on the course website is probably tied to wanting to use a third-party printer; the university might insist that "official" required texts go through the university bookstore, whose services the professor considers inadequate or overpriced. Skipping chapters and having students read is normal pedadogy. – Nate Eldredge May 29 '18 at 03:45
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    @Gummybears: So it might be awkward and inefficient, but I don't see any ethical breach. It may very well be a technical violation of university rules, and if you contact some university office, you might be able to get them to crack down. But before you do, you might want to think about unintended consequences, and whether everyone would really be better off if you bought the materials from the university bookstore. – Nate Eldredge May 29 '18 at 03:46
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    @Gummybears: Remember having a conflict of interest is not unethical. What's unethical is acting on that interest in an unethical manner. (Circular, I know. You get my point.) So if you have a complaint, you should look for an example of something that is actually being done wrong, not something that could potentially go wrong. It's very fashionable to accuse people of things that aren't actually inherently wrong these days, so make sure you keep the distinction in mind. – user541686 May 29 '18 at 06:35
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    ... for example, if those "books" were sold at highly inflated prices, and there were no alternative sources to purchase them from. I've seen cases of having to show the receipt from the bookstore that you have bought the book (instead of lending it from another student) in order to pass the exam, and that was in my opinion highly unethical. – vsz May 29 '18 at 08:16
  • if the notes don't exist in electronic form (e.g. they are handwritten or typed on a typewriter) - we have amazing office machines now that will devour hundreds of handwritten sheets in a matter of minutes and mail you a PDF file with their contents. – J... May 29 '18 at 12:21
  • So it could be tolerated if it indeed improves quality. However, if it's just a way for a professor to get some additional income? – JHBonarius May 29 '18 at 14:03
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    @JHBonarius: If the professor is receiving any of the money from the sale of the notes, then there is a clear conflict of interest and it becomes ethically much more questionable. See https://academia.stackexchange.com/q/15136/17254 – Nate Eldredge May 29 '18 at 14:05
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    @J... He himself uses an electronic version of the notes to teach. – Gummy bears May 29 '18 at 16:28
  • @NateEldredge But the question is how the student would come to know of such a fact. Considering he uses an electronic version to teach, why isn't he just uploading them online? – Gummy bears May 29 '18 at 16:29
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    @NateEldredge I do not see anything inherently unethical about a professor profiting from the sale of notes or from the monetization of knowledge in general. Do you respect the professor as an expert in his/her field and you wish to advance in that field? If you respect me as an expert in my field (it is ok if you don't) and want my help advancing in that field (also ok if you don't) then you need to pay me. – emory May 29 '18 at 17:29
  • @emory: I only said "questionable". If you look at the question I linked, you'll see a wide range of opinions on the matter; feel free to add your own. – Nate Eldredge May 29 '18 at 17:39
  • A PDF of the slides has negligible cost; and nobody asked for a free printed copy. – einpoklum May 29 '18 at 18:26
  • @Mehrdad: Having a conflict of interest is unethical if you allowed yourself to get into it despite other options. For, you see, it's impossible to tell whether or not, or to what extent, or actions are influenced by said conflict. And it's often a matter of interpretation. So there is no clear distinction between the "being" and the "acting". – einpoklum May 29 '18 at 19:06
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    @einpoklum: Not in general. It depends very much on the conflict, as well as on whether or not you had previously certified that you wouldn't have such a conflict. If you think every avoidable conflict of interest is necessarily unethical then your standards are patently absurd. The fact that a parent decides to home-school her kid instead of sending him to school does not automatically make her unethical. The fact that a doctor is treating her friend as a patient does not make her unethical. The fact that a parent decides to lease his house to his kid does not make him unethical. etc. – user541686 May 30 '18 at 08:53
  • @emory Aren't we already paying him and allowing him to "advance in the field" by paying tuition? Why else do we pay tuition? A professor's salary comprises of 40% research time, which means we 40% of what we pay is simply for the professor to be able to research further into their field. – Gummy bears Jun 01 '18 at 23:51
  • @Gummybears maybe you are and maybe you are not. Allegedly many adjunct profs make minimum wage -https://www.theatlantic.com/education/archive/2015/09/income-inequality-in-higher-education-the-college-president-to-adjunct-pay-ratio/407029/. However, considering the high cost of tuition it is likely that someone is acting unethically. – emory Jun 02 '18 at 00:58
  • @emory part of the job of professors is to organize and produce knowledge for their class if this class is part of their teaching load. It is unethical to be paid by a university to do a job and collect additional monies from students who already pay tuition through the sale of lectures notes that could be made freely available to this class. – ZeroTheHero Jun 02 '18 at 04:09
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You might be interested to know that U. of Kentucky has just initiated moves to fire a tenured professor who did exactly this. https://www.chronicle.com/article/U-of-Kentucky-Moves-to-Fire/243509

However, the professor in this case had also used the university's funds to print the book, so its possible this is what they were upset about.

Ian Sudbery
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    An important aspect of this relevant to the OP is that “University rules say professors must get special permission to assign their own books, and when they do so, they must donate any proceeds to the university or to a charity.” – ZeroTheHero Jun 02 '18 at 04:14
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It's a scam, but you are stuck with it. Historically, the cost of the pamphlet covered the printing costs. With PDF technology, that's bunk. If you are truly broke, the University Library should have a copy. If not, ask that they purchase a copy as it is a required book for a course (they may already have done so).

Also for that reason, books are not 'required course material' and so are not covered by tuition. While a joke, the lecture notes are effectively a 'book' that the library should have a copy of.

Mox
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  • Why is OP "stuck" with it? A group of students can essentially force the teacher's hand, or just go right around him. Also, I think if OP could access a library copy he wouldn't ask here. (I haven't -1'ed you though.) – einpoklum May 29 '18 at 18:25
  • The question was about the ethics. It's perfectly legal, but not ethical, as it represents coercion by a person in a position of responsibility. – Mox May 29 '18 at 22:06
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    I don't see how your comment addresses my comment. – einpoklum May 29 '18 at 22:21
  • There are ways around it. A group could buy the book, split the cost, and make a copy for each, via scanning. But that would probably be copyright violation. But the OP's question was not about methods, but about ethics. – Mox May 31 '18 at 20:34
  • Well, you've written OP is stuck with this, while, as you acknowledge, he isn't. As for copyright violation - that's not true. First of all, there's fair use. Second, if the Professor showed this material in class, students are allowed to copy it anyway. Finally, nobody would ever sure them. – einpoklum May 31 '18 at 20:53
  • Stuck with the scam of textbook publishing. Fair use is 10% of the book. No-one will ever sue for photocopying a book, but it's not ethical to do so. The professor explicitly did not show the material in class (although it was required reading). – Mox Jun 01 '18 at 05:56
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The university and/or the teacher must, in my opinion, do both of the following:

  • Make a copy available as a file (e.g. PDF).
  • Have multiple printed copies available at the university libraries.

Doing just one of these is insufficient, but not terrible. Doing none is basically a shake-down for extra tuition, which I believe students (and junior faculty!) should not tolerate.

However, as @Wetlabstudent has pointed out - perhaps you should first give the Professor the benefit of the doubt, for, shall we say, having been remiss in his duty, or not having taken notice of how problematic this is. If that's the case, then just asking him to make the notes otherwise available could work. I'm skeptical of course.

Assuming it's been made clear that the Professor will not allow access to his notes except by purchase at the store, I suggest you do the following:

  1. Talk to fellow students in your class about this.
  2. Approach, together, the course teacher, demanding that at least one of the above forms of availability be realized.
  3. If he refuses, confront him, jointly, in class, demanding that this be addressed and trying not to let him get away with it. Caveat: This may theoretically get you into disciplinary trouble, although that's unlikely. I would still do it though.
  4. get your student union reps to intervene and pressure him and/or the department - if they exist, are willing and are able.
  5. If your student union reps don't act, pool some money together and by a copy which you could define as "owned jointly by the students taking the class". Scan the printed lecture notes and distribute the file everyone who contributed or to every student in class who asks, depending on your generosity. Caveat: This may theoretically get you into disciplinary/legal trouble, you have been warned. I would still do it though.
  6. Make sure that if anybody asks, this be described as a collective class project rather than something you did, so that you don't get singled out.
einpoklum
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    -1: "demanding", and involving "student reps" or the "department" before simply politely asking? Always start with a friendly conversation where you go in assuming good faith. This answer comes off way too aggressive and seems to be needlessly escalating the situation too quickly. One can demand later, but a simple 1 on 1 private conversation in office hours is a better first step where you explain why the issue is so important to you. More likely than not, the lecturer is simply doing what they had done previously (when shared pdfs were non-existent) and never thought about changing – WetlabStudent May 29 '18 at 13:40
  • @WetLabStudent: I assumed the politely asking part had already happened; and in fact, I would bet this is the case even after your comment. But - you make a fair point, let me edit my answer. Having said that - there's really no need to explain why access to the lecture notes is so important, and why young, typically broke students need to avoid spending even more money. – einpoklum May 29 '18 at 14:16
  • @einpoklum You are correct in assuming so. The first day itself I asked the prof whether there was a reason that the notes weren't available online. He ignored the question and asked if purchasing them would be too difficult a task. – Gummy bears May 29 '18 at 16:31
  • @WetLabStudent: In light of OP's comment - would you care to retract your comment? – einpoklum May 29 '18 at 17:10
  • @einpoklum if the OP puts in their question something like "I specifically asked the professor if they can put the notes online, and when they asked if purchasing them was too difficult of a task, I stated this is why that is problematic ____ and therefore I'd really like you to put them up online" then yes, I'd be willing to retract the comment, and even upvote. I still believe this is escalating the situation too much unless there has been a polite back and forth where the OP has specifically asked what they want and explained why it is important to them [this isn't in the OP's comment yet] – WetlabStudent May 30 '18 at 09:01