Boston University and Lecturer Babak Boghraty Agree to a Settlement, Leading to Case Dismissal with Prejudice.
In September 2024, Babak Boghraty ("Boghraty"), a lecturer and content creator, filed a lawsuit against the Trustees of Boston University ("Boston University" or the "University"), alleging the unauthorized use of his copyrighted course materials. Boghraty, who previously taught a course at Boston University, claimed the University continued to use his course content after their professional relationship ended.
According to the Complaint, Boston University offers a course titled JD 918: Compliance and Risk Management in Global Commerce, which Boghraty asserted was based on his original syllabus and course materials. The Complaint alleged that Boston University used and distributed these materials without his consent to promote and run the course, despite a Settlement Agreement from 2019 that purportedly restricted such use.
Boghraty's claims focused on copyright infringement and breach of contract. He argued that Boston University's continued use of his course materials without proper authorization violates his exclusive rights as a copyright holder and breaches the terms of the Settlement Agreement. Boston University has denied these allegations in its response and claims that the course materials qualify as a "work for hire," granting the University ownership rights under the Copyright Act.
The University's Answer included several defenses, such as the doctrine of fair use and the assertion that the claims are barred by the statute of limitations. Boston University argued that the course descriptions and materials were created within the scope of Boghraty’s employment, thereby transferring ownership rights to the university.
More recently, Boston University and Boghraty have been involved in discussions, with Boston University having filed motions for extensions, signaling potential settlement negotiations. This matter reached its conclusion when both parties filed a Stipulation of Dismissal with Prejudice. This filing indicates that the case has been permanently dismissed, preventing Boghraty from bringing the same claims again. Each side agreed to bear its own costs, suggesting that a mutually satisfactory settlement was reached. This outcome underscores the potential for academic copyright disputes to be resolved outside of court and highlights the importance of clear agreements regarding the use of faculty-created content.