Washington Post: US County considers IP policy that takes ownership of students Work
Join the #1 Art Workshop - LevelUpJoin Premium Art Workshop

Results 1 to 12 of 12

Thread: Washington Post: US County considers IP policy that takes ownership of students Work

  1. #1
    Join Date
    May 2003
    Location
    Washington DC
    Posts
    101
    Thanks
    0
    Thanked 32 Times in 19 Posts
    Follows
    0
    Following
    0

    Washington Post: US County considers IP policy that takes ownership of students Work

    Quote:
    "A proposal by the Prince George’s County (Maryland) Board of Education to copyright work created by staff and students for school could mean that a picture drawn by a first-grader, a lesson plan developed by a teacher or an app created by a teen would belong to the school system, not the individual."

    http://www.washingtonpost.com/local/...5ee_story.html
    Here is the policy
    "“Works created by employees and/or students specifically for use by the Prince George’s County Public Schools or a specific school or department within PGCPS, are properties of the Board of Education even if created on the employee’s or student’s time and with the use of their materials,” the policy reads. “Further, works created during school/work hours, with the use of school system materials, and within the scope of an employee’s position or student’s classroom work assignment(s) are the properties of the Board of Education.”"

    Nasty piece or work right there.

    "No matter where you go, there you are."
    <Buckaroo Banzai>
    Reply With Quote Reply With Quote  

  2. #2
    Join Date
    May 2008
    Location
    Alberta, Canada
    Posts
    3,165
    Thanks
    751
    Thanked 2,339 Times in 1,204 Posts
    Follows
    0
    Following
    0
    In most jurisdictions there are serious legal difficulties with trying to enter into contracts at the expense of minors. This looks like it's going to be completely unenforceable by the school board with respect to their students. Universities can sort of kind of get away with it because the students there are of the age of majority and presumably able to enter legal contracts with full knowledge. But an elementary school student? Puh-lease.

    *** Sketchbook * Landscapes * Portfolio * Store***

    "There are two kinds of students: the self-taught and the hopeless."
    - Dr. Piotr Rudnicki
    Reply With Quote Reply With Quote  

  3. #3
    Join Date
    May 2003
    Location
    Washington DC
    Posts
    101
    Thanks
    0
    Thanked 32 Times in 19 Posts
    Follows
    0
    Following
    0
    Good point,
    the part that concerns me the most is how they can also claim work done by teachers, on their time, with their equipment. As you may imagine, a lot of independent Artists/ Animators subsidize their work by beign teachers.

    "No matter where you go, there you are."
    <Buckaroo Banzai>
    Reply With Quote Reply With Quote  

  4. #4
    Join Date
    May 2008
    Location
    Alberta, Canada
    Posts
    3,165
    Thanks
    751
    Thanked 2,339 Times in 1,204 Posts
    Follows
    0
    Following
    0
    Quote Originally Posted by robertoortiz View Post
    Good point,
    the part that concerns me the most is how they can also claim work done by teachers, on their time, with their equipment. As you may imagine, a lot of independent Artists/ Animators subsidize their work by beign teachers.
    Alas, this seems to be standard for many corporations. I guess if you come up with something interesting, you keep it a secret until you quit.

    *** Sketchbook * Landscapes * Portfolio * Store***

    "There are two kinds of students: the self-taught and the hopeless."
    - Dr. Piotr Rudnicki
    Reply With Quote Reply With Quote  

  5. #5
    Join Date
    May 2003
    Location
    Washington DC
    Posts
    101
    Thanks
    0
    Thanked 32 Times in 19 Posts
    Follows
    0
    Following
    0
    The problem is that the way it worded it can be far reaching.
    Say an English teacher writes a book on her own time, according to this provision, the schoolboard can claim a copyright of the work since it is within the "within the scope of the employee’s position ".

    Or a group of highschool students come up with a killer Ipad game, again the schoolboard can claim ownership of the work.
    Or worst they can censor blogs written by teachers or students since they can rightfully claim an copyright violation.

    "No matter where you go, there you are."
    <Buckaroo Banzai>
    Reply With Quote Reply With Quote  

  6. #6
    Join Date
    Nov 2007
    Location
    New York, USA
    Posts
    2,337
    Thanks
    1,074
    Thanked 2,199 Times in 1,055 Posts
    Follows
    0
    Following
    0
    I really doubt the school board can legally claim copyright over anyone's work just by announcing that they own the copyright. If the teachers and students have not signed any contracts explicitly giving up said copyright, there's no way this can be enforced.

    In corporations, this clause is usually written into a contract voluntarily signed by the employees. Last I checked, students don't sign contracts in order to attend a school.

    Reply With Quote Reply With Quote  

  7. #7
    Join Date
    Nov 2007
    Posts
    2,002
    Thanks
    891
    Thanked 1,010 Times in 539 Posts
    Follows
    0
    Following
    0
    They'll probably try to slip it into something the parents will have to sign or some bullshit.


    There's zero need for something like this so who the fuck would draft this up? They think their students are going to create the next Firefox or something so they can steal it?

    Reply With Quote Reply With Quote  

  8. #8
    Join Date
    May 2003
    Location
    Washington DC
    Posts
    101
    Thanks
    0
    Thanked 32 Times in 19 Posts
    Follows
    0
    Following
    0
    But teachers do. School boards can implements rules and provision that affect all students what attend classes within a their jurisdiction.
    The idea is that you have the choice of NOT attend their school and thus not being subjected to their rules and provisions. T
    hat is how they can implement things like dress codes, or bag searches in school property and metal detectors.

    If we as artists who create IP don’t nip this sort of thing in the bud, it creates, what they call in law, a precedent.

    A precedent that states that say, school board OWN your IP as a student. employee or teacher.

    Do we want that?

    Last edited by robertoortiz; February 4th, 2013 at 05:54 PM.
    "No matter where you go, there you are."
    <Buckaroo Banzai>
    Reply With Quote Reply With Quote  

  9. The Following User Says Thank You to robertoortiz For This Useful Post:


  10. #9
    Join Date
    Nov 2007
    Location
    New York, USA
    Posts
    2,337
    Thanks
    1,074
    Thanked 2,199 Times in 1,055 Posts
    Follows
    0
    Following
    0
    Rules dictating how people can dress or behave on the premises of your property are NOT the same as laws regarding intellectual property, which are governed by national and international copyright law... You can't just make up your own local copyright laws. People can't legally declare "I own all your copyrights because you happen to use my facilities" and expect it to stand up in court, and they certainly can't legally add clauses retroactively to anything teachers have previously signed.

    And if I was a teacher I know I wouldn't sign any contract saying the school will own everything I do.

    And no, of course nobody wants the kind of inanity this school board is trying to pull...

    Reply With Quote Reply With Quote  

  11. #10
    Join Date
    Sep 2004
    Location
    Not so secret lab
    Posts
    402
    Thanks
    148
    Thanked 180 Times in 128 Posts
    Follows
    0
    Following
    0
    It's the thin end of the wedge. Right now, it seems silly because there is ample precedent and a general understanding among the population about how copyright is handled. After another 15 years of chipping away at copyright protections (and there are moneyed interests doing that actively right now) and little things like these shenanigans training people to expect that their rights can be given away there will be another set of precedents and a different understanding among the population.

    Reply With Quote Reply With Quote  

  12. #11
    Join Date
    Sep 2008
    Location
    Cambridge UK
    Posts
    5,460
    Thanks
    6,454
    Thanked 4,517 Times in 2,457 Posts
    Follows
    0
    Following
    0
    "general understanding among the population about how copyright is handled."

    haha these are the same kids who steal all their music and movies..

    sb most art copied to page 1
    Weapons of Mass Creation 2011 ::: Add your favourites!
    skype: velocitykendall
    facebook: Alface Killah
    Reply With Quote Reply With Quote  

  13. #12
    Join Date
    Nov 2007
    Location
    New York, USA
    Posts
    2,337
    Thanks
    1,074
    Thanked 2,199 Times in 1,055 Posts
    Follows
    0
    Following
    0
    "general understanding among the population" ain't gonna hold up in court...

    Reply With Quote Reply With Quote  

Members who have read this thread: 0

There are no members to list at the moment.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •