College Sues Former Faculty Member Over Copyright, FERPA Concerns
This case involves copyright infringement claims brought by Pima Community College (“Pima”) against Mr. Edip Yuksel (“Yuksel”), a former employee of 23 years. Pima is a public community college located in Tucson, Arizona, and it specializes in providing technical-vocational courses to students across various fields of applied technology, including aerospace, defense, and healthcare.
On July 31, 2023, Pima filed a complaint against Yuksel for his refusal to remove videos he had posted on YouTube and his website. These videos contained recordings of some of the class lectures he had recorded during his tenure at Pima. Pima contends that Yuksel breached his employment contract by knowingly recording class lectures from 2015 through 2022, even though such recordings were prohibited by the school's policies. Moreover, Pima asserts that Yuksel's actions constitute a threat to students' privacy and a violation of their rights under the Family Educational Rights and Privacy Act (FERPA).
The central issue in Pima’s argument is Yuksel’s alleged violation of Pima’s copyright over the videos he created during his employment. Pima claims that any copyrights in the recordings made by Yuksel while acting as a Pima employee are owned by Pima. In support of this claim, Pima filed a copyright registration for the videos recorded by Yuksel on February 7, 2018. (Complaint at 5-6). Furthermore, Pima accuses Yuksel of publishing these videos on YouTube and his personal website without obtaining Pima's authorization or license. (Id. at 4). Pima attempted to persuade Yuksel to remove the videos from YouTube and his website during his tenure as a professor at the College, and Yuksel agreed to do so but failed to fulfill his promise, even after signing a Memorandum of Expectation. (Id.)
In response to Pima’s allegations, Yuksel filed a Motion to Dismiss written by himself, citing his inability to afford legal representation for what he deems a “frivolous lawsuit” (Motion to Dismiss at 2-4). Within his motion, Yuksel contends that Pima’s actions are an attempt to stifle him and seek revenge. He believes that Pima is targeting him due to his consistent criticism of the college’s policies and procedures while he was a professor. He characterizes his actions as akin to "blurting out that the 'King is naked'" (Id. at 5).
Much of Yuksel’s motion focuses on recounting events that occurred before he started recording, rather than directly addressing Pima’s specific accusations. Nevertheless, Yuksel asserts that he ceased broadcasting the videos in question on YouTube the previous year. He also claims to possess evidence demonstrating that he had obtained consent from students to record the videos, and only those students who consented appeared in the recordings. Additionally, Yuksel argues that he believes that he might hold the copyright for the videos he created because they were not part of his duties as a professor, even though he made them during working hours. (Id. at 15). Yuksel’s 21-page motion delves into various events and facts that he believes are crucial for the court to consider, with few of them directly addressing the accusations levied against him.
On September 28, 2023, the Federal District Court in Arizona rejected Yuksel’s Motion to Dismiss and directed him to file an Answer in response to Pima’s allegations. The court determined that Yuksel’s motion lacked arguments that met the requirements set forth in the Federal Rules of Civil Procedure for dismissal. Additionally, the court affirmed the validity of Pima’s claims, specifically recognizing their claim for copyright infringement under 17 U.S.C. § 106. (Court Order at 1-2). In its order, the court also sided with Pima by accepting their Motion to Strike a portion of Yuksel’s Motion that was considered improper and defamatory. Furthermore, the court issued a warning to Yuksel, advising him to focus on legal arguments and relevant material facts in his future filings, while discouraging unnecessary name-calling and irrelevant details. (Id. at 3). Given that Yuksel is representing himself in this matter, the court further ordered him to acquaint himself with the Federal Rules of Civil Procedure and the Local Rules for the District of Arizona. [Id.]
The case now awaits Yuksel's response, setting the stage for the next steps in the legal proceedings.