A professor at a California college sues students after their midterm, and final examinations are uploaded online.

A Chapman University assistant professor filed a federal complaint alleging that at least one student posted portions of his midterm and final tests online.

David A. Berkovitz, a management professor at Chapman University in Orange, California, has accused five unidentified defendants of copyright infringement and is seeking to have the content deleted from Course Hero. This education website offers students study materials.

“Berkovitz’s exclusive right to reproduce, make copies, distribute, or create derivative works was violated by defendants by putting the Midterm Exam and Final Exam on the Course Hero Website without Berkovitz’s authorization,” the lawsuit states.

“Defendants were aware or should have been aware that their conduct constituted Copyright Infringement,” the complaint states.

The claim, filed March 10 in the United States District Court for the Central District of California, does not name any of the defendants.

Berkovitz stated in the complaint that his midterm and final tests, which were conducted online due to the coronavirus epidemic, are only accessible to students presently enrolled in the class.

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He was able to bring the copyright infringement action after registering the materials he utilized in his testing.

According to the East Bay Times, Berkovitz’s attorney, Marc E. Hankin, seeks to subpoena Course Hero to get documents identifying people responsible for publishing the material.

He asserted that posting portions of examinations to Course Hero constitute cheating and a “violation of Chapman’s honor code.” Course Hero’s spokesman could not be reached for comment Thursday.

“If there is any ethical wrongdoing, we want to end it since it affects the grading curve,” Hankin told the publication.

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