Israel v. University of Utah, 15-cv-00741 (D. Utah 2015)
Esther Israel was a graduate student in the Department of Psychology at the University of Utah (U of U) from 2002 – 2009. During her time at the U of U, Israel was mentored by Donald Strassberg, a tenured professor in the Psychology Department. Israel conducted research to support her masters thesis. As part of her research, Israel selected and assembled an assortment of images, and authored text and computer syntax to accompany the images (“Original Materials”). Israel utilized these works to conduct her research. Israel submitted her masters thesis in 2006.
In 2005, Strassberg began working with another graduate student, Jordan Rullo. Israel alleges that Strassberg and Rullo began using her original materials and original data without informing her, or obtaining her consent. In addition, Strassberg and Rullo utilized Israel’s original application and approval to continue to collect data from the university research pool. When Israel’s original application and approval expired, Strassberg and Rullo submitted an extension request and renewal.
Israel informed Strassberg and Rullo that she did not approve or authorize their use of her work. However, Strassberg and Rullo continued to use the information. Israel quoted the U of U policy regarding ownership of student material; the policy states in part, “[U]nless provision is made to the contrary in advance of the commencement of the Work, students are the Owners of the copyright of Works . . . including theses, dissertations, scholarly publications . . . or other materials.” On May 9, 2008, Israel registered the copyright in her masters thesis.
In her Complaint, filed pro se on October 16, 2015, Israel stated that: Strassberg submitted her masters thesis for publication, listing himself as a second author; Strassberg changed the access information to his lab without informing her; and Strassberg and Rullo claimed authorship for her original thesis data. In addition, Israel claims Strassberg and Rullo utilized her original data in presentations without informing her or obtaining her consent. Israel identified other unauthorized uses of her original materials and original data, which she alleged infringed her copyrights.
The defendants filed an Answer to Israel’s Complaint on March 7, 2016. The defendants state that Strassberg assisted and directed Israel in the selection of the materials for her masters thesis, and that both Strassberg and Israel sought and received permission to collect data for Israel’s study. The defendants denied that Israel was the sole creator of the material she claims copyrights in, and that Strassberg was the joint author in all such material. In addition, the defendants state any of Israel’s information that was used: was used with her permission; was with the permission of the co-author (Strassberg), or; was publicly available. In addition, the defendants affirmatively stated: Israel’s materials and data lack sufficient creativity to warrant copyright protection; Strassberg was co-author of any protectable works; the use of any protected works constituted fair use, and; that the defendants had an actual or implied license to use the works.