By Anica Hattingh
On 24 October last year, an official statement by the Academic Affairs Council (AAC) of Stellenbosch University (SU) was released in which the following was made very clear – “[SU] claims copyright in respect of students’ class notes”. This means that the selling of class notes, or any other academic material (for example, summaries), are not permissible as per paragraph 3.2.2 of SU’s Intellectual Property Policy.
The statement also went on to state that the internal sharing of study materials is permitted, but “students must note that it is strictly prohibited to distribute SU study materials outside of the University’s learning environment”. Essentially, students are allowed to share notes with one another whilst in class, but the physical or digital distribution is not allowed – “whether for commercial gain or not”.
In a recent query, Die Matie was informed on 3 March by Tyrese Jurzaan Human, Chairperson of the AAC, that no formal monitoring procedure has been set as of yet. However, “should such a matter be reported to a lecturer, they reserve the right to proceed with the investigation in accordance with the aforementioned policy”. Should an investigation be launched after such a report has been made, the University’s Student Disciplinary Code would be activated. Students should also take note that the culpability of both the buyer and seller will be evaluated and the severity thereof determined by the disciplinary committee. In other words, both seller and buyer are at risk of infringing upon the university’s intellectual property.
According to SU’s Central Student Disciplinary Committee(CDC), sanctions may range from “payment of a quantifiable sum of money, written warning, written apology to the person affected (most of the [time] it’s the lecturer), [and, or] community service hours”. The severity or combinations of the sanctions are determined after a disciplinary hearing has been conducted in which the buyer or seller, or both, have been found guilty.
Human mentions in his formal response to Die Matie, that the ethicality of selling notes was only raised with the 2025/2026 Executive AAC upon assuming office – explaining why such a statement was not released in earlier years. The AAC initiated an investigation and engaged with numerous advisors, such as SU Legal Services, to gain better insight into the policy. “Although these matters may not always be explicitly evident in students’ everyday academic experiences, they hold the potential to affect them in their capacities as students at Stellenbosch University,” Human mentioned.
The reason for the initial statement is clear – to make students aware of the possible liabilities that may arise when selling or distributing academic material derived from their coursework. Ultimately, the statement serves as a reminder that, while collaboration and peer support remain part of the learning environment, the commercialisation or external distribution of academic materials falls outside the boundaries of SU’s intellectual property policy.
