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Questions tagged [legal-issues]

On legal issues affecting academicians. Note that Academia.SE, like any SE site, cannot offer specific legal advice; consult a lawyer for such questions. Use [law], not [legal-issues], for questions on law as an academic discipline or field of study.

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2answers
533 views

What counts as plagiarism? [closed]

Plagiarism is, the "wrongful appropriation" and "stealing and publication" of another author's "language, thoughts, ideas, or expressions" and the representation of them as one's own original ...
2
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1answer
5k views

Applying to Graduate School with misdemeanor charge? [duplicate]

I am currently a 3rd year undergraduate student at a large public university. I am a music performance major. I'm very interested in applying to graduate school for either performance or music ...
4
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1answer
84 views

Are comments on application folders accessible to students?

If a student applies to a university in the United States, can they legally access all comments written on their application (e.g. as a consequence of the FERPA)?
9
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2answers
214 views

Should I ask for permission from the journal before making available publicly the (anonymised) text of the evaluation I received from peers?

The question says it all. To add some relevant information, I must note that I published some articles in national journals The level and the process of peer review in some of those national ...
0
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1answer
123 views

Textbook that is a combination of other textbooks? [closed]

A, B, C are three good textbooks from the market. An author/professor translates them, taking chapter 1 from A, 2 from B, 3 from C and combining them into another textbook. The content of the new ...
32
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5answers
6k views

Undergrad students grading other undergrads: ethical, professional, or even legal?

As an undergraduate, I've been working as a TA in an electronics lab for a while. Recently I have been asked to grade other students' lab reports. I have also done some oral examination, but I guess ...
26
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1answer
1k views

License of code accompanying a published article

Given a paper that introduces a new algorithm and upon publication copyright is transferred to the publisher. Is an implementation of the presented algorithm considered a derivative of the published ...
8
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1answer
9k views

Is it legal to share an electronic copy of a few book chapters?

I have scanned a few chapters of a textbook (about 10%) and I want to make the electronic files available to my classmates. The reason why I scanned the chapters initially was so that I could print ...
6
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0answers
165 views

Are Harvard-style open access policies lawful under civil law? [closed]

Open access policies such as that of Harvard or MIT are implemented by granting the university some non-exclusive rights on the works written by faculty. This is very useful as it circumvents ...
3
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2answers
146 views

Sharing MOOC forum data

I have the forum data for several MOOCs. Can I legally share it with someone else without going through IRBs or some other administrative process? The data contain timestamp, post title, post body, ...
11
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2answers
551 views

Will a spent criminal conviction affect my chances of getting a funded PhD position?

I am in my third year of a Mathematics degree (UK). Where a masters is concerned, It seems like I only have to declare unspent convictions. But it is not clear where research positions are concerned. ...
10
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1answer
449 views

Does Title IX require U.S. universities to have grade expungement policies?

Under U.S. law, Title IX sets requirements on how universities must deal with sex discrimination, including making reasonable accommodations for victims of assault or harassment. One possible ...
7
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1answer
684 views

Copyright – use of images to train algorithm

I am working on a university project about computer vision. Part of my work requires object recognition, for which I would use cascade classifiers. These cascade classifiers need to be “taught” what ...
2
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1answer
101 views

Digital media rights for online courses (US)

I've been trying to research how digital media can be lawfully utilized for online, distance-learning courses. The specific use case here would not be a MOOC or anything massive, but an online course ...
14
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2answers
555 views

Publishing and Self-Archiving

Recently I had a paper accepted by a major journal in discrete mathematics. Now the paper is going through the final stages of publication. The publisher sent me a link in which I have to specify the ...
3
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2answers
302 views

Can I use data and images found online in my project report, under the fair use clause in copyright law?

I am a mechanical engineering graduate student, and am working on my final project. I am doing a finite element analysis of a particular phenomenon. I was hoping to find test data of that particular ...
11
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6answers
5k views

Can I conduct psychology research involving my restaurant customers without their explicit consent?

I will be working as a waiter to make extra money, but I am also an ardent academic. I want to know if I can make audio and/or visual recordings of interactions with customers without having them sign ...
11
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2answers
629 views

Handwritten keys and ADA compliance

I'm a Math professor. I teach a face-to-face calculus course, and I'm in the habit of distributing handwritten quiz keys online. I'm informed by a colleague that she believes that this style of ...
1
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2answers
263 views

Applying for PHD programs in FLORIDA. I have a question about legal questions?

On an application form for PhD programs in Florida, they ask: "Have you recieved disciplinary action?" "Have you ever been arrested for, been convicted of, or entered a plea of "guilty" or "nolo ...
24
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3answers
14k views

Is it legal in the US for a student to download a copy of a textbook, to study?

(this is coming out of a comment thread regarding this question.) The USA has a Fair Use legal provision restricting its copyright law: 17 U.S.C. § 107 Notwithstanding the provisions of ...
2
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1answer
133 views

Having students scribe lectures: can the instructor choose any license?

For each lecture of a course, a couple of students are assigned to scribe the lecture, as part of the course requirements. Can the instructor choose any license he wants for the scribe notes? E.g. CC ...
3
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2answers
440 views

Is it ethical (or legal, if applicable) to say you have a degree in X if your degree was in “X and Y” (single major)?

There are departments in many schools that offer "hybrid" majors, such as: Computer Science and Engineering Electrical and Computer Engineering Electrical Engineering and Computer Science Materials ...
15
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1answer
601 views

How often do publishers sue researchers for copyright infringement for putting their articles on a personal website?

I know that some publishers sometimes send copyright infringement emails to researchers putting their articles on a personal website. How often do publishers actually sue researchers for copyright ...
5
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3answers
5k views

Possible to leave a contract academic position shortly after signing new contract? [closed]

I am an assistant professor on a year-to-year contract in academic med (I'm a PhD biostatistician). I just signed a new contract in July. I have been 'head hunted' to join a private company, and I am ...
8
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1answer
599 views

Researcher with Startup Company - Conflicts of Interest?

Looking for your advice on best practices on how to avoid conflicts of research. The facts: Researcher is a director of a research institute on campus. Researcher has a start-up company involved ...
12
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3answers
3k views

Is it ethical/legal to use the University's resources for a personal project?

I am currently pursuing a PhD at Technion (Israel). My area of study lies in computational fluid dynamics (CFD), which involves high performance computing. My research requires me to develop/use ...
14
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5answers
4k views

Is it okay to upload the PDF of my non-open access papers in academia.edu or research gate?

Is it legal to upload a PDF of my non-open-access papers to research networks, such as ResearchGATE and Academia.edu? I am pretty sure that it could cause some problems, because normally people ...
6
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3answers
981 views

Do UK universities have a special obligation to advertise jobs externally?

I often hear it said that all jobs have to be advertised externally before anyone can be appointed to an academic post in a UK university. However, this rule about having to advertise externally is ...
15
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3answers
1k views

How to legally re-use images in paper and still continue to use and distribute them in slides?

I have created several figures that are a part of presentation slides. As usual for presentation slides, those were not published in any official proceedings (just the underlying paper, that didn't ...
21
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3answers
5k views

How does a petty marijuana possession charge affect graduate admissions in math?

I was charged with possession of marijuana earlier this year. In my state, it's not a crime, just a violation with a fine. Technically, it's not even a conviction because there's a diversion program ...
4
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1answer
923 views

If I develop a product as part of a project at university, does the university have any ownership over it?

To specify further, this is an undergraduate project, not a PhD, so (I think) that this is not directly funded by the University, and I am studying in the UK. I ask because I have a few ideas about ...
6
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3answers
614 views

Making latex sourcefiles publicly available by default

Question: where can I find (legal/pragmatic) information about having latex source files for scientific articles publicly available on github? Or, how would you deal with it? Problem description: I ...
12
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3answers
2k views

Can I get inspired from Patented Algorithm?

I read an algorithm that is patented, I was inspired in one part of it and applied something similar (not exact) to my algorithm (e.g one step they applied out of their 10 steps algorithm I used in my ...
-3
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1answer
657 views

“All rights reserved” vs Creative Commons BY-NC-ND [closed]

When choosing a license for a paper, is the most restrictive creative commons (CC Attribution-NonCommercial-NoDerivs (CC BY-NC-ND)) equivalent to "all rights reserved"? I'm having trouble ...
3
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2answers
714 views

Legality of universities posting sections of books online

Something I have noticed in my courses over the years is that in addition to all the online distributions of textbooks (which I understand to be mostly illegal), I can often times find universities ...
3
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2answers
1k views

Is it okay to give a gift to my research mentor who happens to be the dean?

I'm about to graduate and would like to give my research mentor a book as a gift. It is common in my institute (which is in the US) to give professors gifts as students graduate. However, the problem ...
9
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5answers
23k views

Is it legal to accept a later offer (e.g., came after 15 April), despite having previously accepted an offer from a university before 15 April?

I have received a really good graduate admission offer from a reputable university in the US but without any funding offer. As I have to accept their admission offer by 15 April and since I haven't ...
2
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1answer
3k views

Using movie clips in a conference presentation

I'm a drafting a presentation for an upcoming conference. To illustrate some points I'd like to include some clips from well-known scifi movies about VR. Would this be considered "fair use"? Could ...
13
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3answers
2k views

Disclosing hidden disability to employer

I'm doing a project-based postdoc in an European university. I have serious ongoing eye conditions that significantly affect my reading speed and as a result it took me 5 years to complete my PhD in ...
-2
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3answers
816 views

What are author and journal rights after a article submission?

I am PhD student and I had submitted my manuscript by email (the journal has not online submission system) to one ISI journal in November 2014. After one month I asked about the status of my paper but ...
159
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13answers
14k views

Do I have the legal right to demand information on plagiarism of my work from another university?

A student of a German institute has translated my Russian thesis word by word to English and submitted it as her own work in 2014. I informed the university providing them with my work in Russian and ...
2
votes
2answers
212 views

How could publishers, in particular disreputable ones, prove that you “signed” a copyright agreement?

With almost every question from people having dealing with predatory publishers, the question comes up whether they have already signed a copyright agreement. This always makes me ask myself this ...
8
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2answers
482 views

Has there ever been a successful copyright infringement suit against someone using a small amount of a protected work in an academic publication?

I am familiar with what the US Code says about copyright and fair use, and am specifically interested in actual practice regarding academic publications which use small amount (under 10% of the ...
14
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2answers
1k views

Ramifications of withdrawing publication offer (question from student editor)?

I am the editor of a student-edited journal at a graduate school. We extended a publication offer to an author that has published with the journal in the past, and with whom I do not wish to burn any ...
10
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5answers
3k views

Ethics of using company data from internship for academic project

I am a graduate student and one of my research projects requires me to crawl a website using their public API. This is going alright but the amount of data we can collect is limited, since it is a ...
6
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2answers
286 views

Am I allowed to process personal data on a cloud server?

I have gathered some fMRI and eye tracking data, from several subjects. I can process them using the server in our lab, but I would like to take advantage of my own cloud servers on Linode and ...
3
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1answer
482 views

Seeking TT position with criminal record (DUI)

I am a few years away from being done my PhD in philosophy, and plan to seek work in the field. I have a DUI on my record from when I was 18 years old. Will anyone care?
7
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2answers
549 views

Do Universities have a right to stop students from talking about questions on tests?

This case in Canada was between students who were complaining about a professor and the school who claimed doing so was misconduct. The school lost because the punishment infringed on students' ...
25
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2answers
670 views

What kind of assistance from graduate institution can I expect in transferring parole?

I am currently applying to graduate programs in physics across the US, though primarily in California. I am a New York State resident currently on parole for a violent crime committed in 2005. I have ...
8
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3answers
2k views

Using previous student essays as examples

I teach English as a second language to pre-college adults in the U.S., and I'm interested in the idea of using essays from previous students as examples in a writing class. At a previous institution ...