WUNC article on the FOIA request:
Who owns a public university syllabus?
“… Robinson is the founding director of Wake Forest University's intellectual property law clinic and used to direct a similar program at UNC-Chapel Hill. She said copyright can sometimes be a "gray area" in higher education.
"As the copyright owner, you get to control where things go and how it's treated, but public records law is a little bit different. FOIA is a little bit different. It depends on the nature of the request," Robinson said. "There's so many other things that you have to weigh that copyright doesn't necessarily trump but you need to be aware of."
As state employees, faculty at public universities are held to
North Carolina's public records law. The mandate requires information dealing with university business be an open record. This ranges from salaries and promotions to professor's email communications.
But there are many exceptions that protect confidential information like ongoing research or students' personal records. UNC-Chapel Hill administrators have made it clear they believe that exemption also extends to syllabi, lecture notes, and other course materials.
"Faculty members have the opportunity to provide their course materials to whoever is doing the request, but are explicitly not required to do so," said Interim Provost Jim Dean at a faculty council meeting last week. "Per university and UNC System policy, the faculty member is the holder of the copyright for their course materials. I think that's a really important point to stress."
Howell, the Oversight Project president, said he believes it's an "audacious move" for UNC-Chapel Hill to claim course materials like syllabi are protected by intellectual property rights.
"(Syllabi) are often shared not only with the student body writ large, thousands and thousands of people, but accrediting bodies and elsewhere," Howell said. "To act like it is the secret recipe for Coca Cola or KFC's seasoning recipe is laughable legally."
Howell said his group is considering suing UNC-Chapel Hill for the materials.…” [
my note - no one is comparing a syllabus to the secret recipe for Coke and he is describing as a laughable the accreditation policy exception of the accrediting agency, which I’m sure he knows, but this is a good example of a lawyer exploiting a layman’s lack of understanding of the legal issues and details to portray a political opinion as a legal position]