Lady Star Posted December 3, 2009 Share Posted December 3, 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. Bizarre as it seems, but once a piece of work has been 'handed in' it becomes the property of the educational establishment! Link to comment Share on other sites More sharing options...
upinwath Posted December 3, 2009 Share Posted December 3, 2009 Taking away any legal points for a moment. Schools are often seriously underfunded so selling things like this may mean the difference between being able to do given activities and not. May I suggest, if the school is in that position, it would make the OP seem a touch selfish? Link to comment Share on other sites More sharing options...
HeadingNorth Posted December 3, 2009 Share Posted December 3, 2009 Bizarre as it seems, but once a piece of work has been 'handed in' it becomes the property of the educational establishment! Has that actually been tested in law? I would suspect that many judges would throw the principle out as counter to fair justice; not only that, it might well run up against the Human Rights Act in some form or other, and be tossed out on those grounds. (Deprivation of property without just cause? Something like that.) Link to comment Share on other sites More sharing options...
HeadingNorth Posted December 3, 2009 Share Posted December 3, 2009 Taking away any legal points for a moment. Schools are often seriously underfunded so selling things like this may mean the difference between being able to do given activities and not. May I suggest, if the school is in that position, it would make the OP seem a touch selfish? It would make the funding for schools seem to be below the necessary figure, but that's a Government or a Council problem. Nothing to do with the OP's children being allowed to keep their own artwork. Link to comment Share on other sites More sharing options...
f0rd Posted December 3, 2009 Share Posted December 3, 2009 Bizarre as it seems, but once a piece of work has been 'handed in' it becomes the property of the educational establishment! No it doesn't. Link to comment Share on other sites More sharing options...
Lady Star Posted December 3, 2009 Share Posted December 3, 2009 Has that actually been tested in law? I would suspect that many judges would throw the principle out as counter to fair justice; not only that, it might well run up against the Human Rights Act in some form or other, and be tossed out on those grounds. (Deprivation of property without just cause? Something like that.) They have been tested, yes, and there isn't anything that can be done - you have used that work for projects or course work or research (within a uni) and so it's the school/college/uni property... This has nothing to do with human rights, it's about interlectual property... Link to comment Share on other sites More sharing options...
f0rd Posted December 3, 2009 Share Posted December 3, 2009 They have been tested, yes, and there isn't anything that can be done - you have used that work for projects or course work or research (within a uni) and so it's the school/college/uni property... This has nothing to do with human rights, it's about interlectual property... I'm sorry, but you are actually wrong. Unless a contract is signed that transfers the copyright from the creator, the IP belongs solely to the creator. The copyright act of 1988 is pretty clear on this. A student at a University owns copyright, say for example a University holds onto a piece of work, unless the copyright is transferred, the copyright would remain with the student, i.e. the creator. Link to comment Share on other sites More sharing options...
Lady Star Posted December 4, 2009 Share Posted December 4, 2009 I'm sorry, but you are actually wrong. Unless a contract is signed that transfers the copyright from the creator, the IP belongs solely to the creator. The copyright act of 1988 is pretty clear on this. A student at a University owns copyright, say for example a University holds onto a piece of work, unless the copyright is transferred, the copyright would remain with the student, i.e. the creator. When was this changed? The act of 'handing in' is in effect giving your rights up in return for a qualification or mark towards your grade for the year... This even went as far in the early years of this decade to drama students having to pay 10% of theatrical earnings to the college... Link to comment Share on other sites More sharing options...
Rushup Posted December 4, 2009 Share Posted December 4, 2009 If a child draws a picture at school who actually owns it ? As I understand it, the school would seek to claim ownership. This is also true of university students. Any work produced is said to be copyright of the institution. Morally it's a sketchy issue... but it should be made clear in the terms and conditions. However, a student on my old course had some issues in this area. He won a competition run by MTV, but the university staked a copyright claim. But, when MTV took umbridge with the claim, the university backed down. Although I believe employment law differs slightly, in that the work produced during working hours, and at your place of work, the copyright is retained by the employer. Link to comment Share on other sites More sharing options...
Berberis Posted December 4, 2009 Share Posted December 4, 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? Not at the schools I went too. On the last day of term, you would usually go home with a bundle of your years work. I suppose this question could be broadened to cover creative writing too. Link to comment Share on other sites More sharing options...
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