hard2miss Posted December 2, 2009 Share Posted December 2, 2009 If a child draws a picture at school who actually owns it ? As its a creative piece of work that the individual has done then how much ownership can the school claim over it ? A picture is created and not something that is taught so can the school claim ownership of such a thing and sell it for proffit ? I will explian why I ask but would like to see if anyone has an answer first. Link to comment Share on other sites More sharing options...
thestars Posted December 2, 2009 Share Posted December 2, 2009 I would have thought it belonged to the child who did it . The school can't use it without permission. thestars Link to comment Share on other sites More sharing options...
BillyWhiz Posted December 2, 2009 Share Posted December 2, 2009 At first glance I would say that both intellectual and copyright belong to the 'child' as children often bring home art they have created in school. if a school decides that a piece of art is good enough to use in say a Christmas card they intend to publish for sale, then surely the right course of action would be to ask permission of the parents/guardians of said child and negotiate from there. If however, the school decides that they own the 'rights' to a piece of art that has been created by a child then they will have to prove their case which I think they would lose because the child is not an employee that is employed to do the work and as we, as parents, employ the 'school' I can't see how they would have a leg to stand on. Remember they are teachers and not lawyers so they may think that they are right, and thay may well be, but logical and fair minded people would think them incorrect in their assumptions. Interesting one this. Hope we can come up with a good answer on SF. Good luck. Link to comment Share on other sites More sharing options...
BillyWhiz Posted December 2, 2009 Share Posted December 2, 2009 It would appear that the school does, but there are to be fair conflicting accounts this is because usually the person who commissions a work would own it (and the copyright) unless otherwise specified. But to 'commission' a piece of work implies 'employment' for the task required. as a child is not an employee and has not been commissioned in its truest sense, to create a piece of work, surely the rights are retained by the child. Link to comment Share on other sites More sharing options...
Waldo Posted December 2, 2009 Share Posted December 2, 2009 I have heard of schools holding on to students' artwork when they leave, unless the student pays to take it home. Anyone else heard of this happening? Link to comment Share on other sites More sharing options...
Mathews Posted December 2, 2009 Share Posted December 2, 2009 In theory it is owned by the crown but it has never been contested in the courtsas there was never been any reason to do this. Link to comment Share on other sites More sharing options...
slacko Posted December 2, 2009 Share Posted December 2, 2009 In most circumstances, your child owns the copyright in all original things they create. This can be a story, a picture, a website page, a video, or a piece of music. This means that the school (or anyone else) cannot copy, adapt, or use your child's work without permission from you and your child. When a school uses your child's material, they need to acknowledge your child as the creator. However, you can ask that your child is not identified. Some schools request that parents/guardians sign a form giving permission to use your child's work in, for example, the school website, newsletter, exhibitions, or publicity material. Link to comment Share on other sites More sharing options...
Cynic Posted December 2, 2009 Share Posted December 2, 2009 At what point does this change then? At Uni if you produce/design something that can be sold I believe the Uni are actually the owner of that product. That is what I have always understood anyway. Link to comment Share on other sites More sharing options...
cgksheff Posted December 2, 2009 Share Posted December 2, 2009 At what point does this change then? At Uni if you produce/design something that can be sold I believe the Uni are actually the owner of that product. That is what I have always understood anyway. Generally, the rights to work that is solely the product of a student will remain with that student. Those rights can vary when their is input from staff, if the work was in any way collabrative, or if their are conditions imposed by funding bodies, sponsors etc. Here is one explanation from Cambridge: http://www.lib.cam.ac.uk/repository/copyright/ All Universities will have policies in place which won't differ significantly. With regard to the main topic of schoolchidren .... can a minor have copyright control? or would it actually be controlled by parents/guardians until 18? Link to comment Share on other sites More sharing options...
boyfriday Posted December 2, 2009 Share Posted December 2, 2009 ..there was little intellectual or right about my schoolwork. Link to comment Share on other sites More sharing options...
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