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County school board considers copyrighting works by students



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Mon Feb 04, 2013 9:10 pm
Nate says...



Source: Washington Post
Date: February 2, 2013
Click here for original source

Excerpt:
Prince George’s considers copyright policy that takes ownership of students’ work

By Ovetta Wiggins, Published: February 2

A proposal by the Prince George’s County 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.

The measure has some worried that by the system claiming ownership to the work of others, creativity could be stifled and there would be little incentive to come up with innovative ways to educate students. Some have questioned the legality of the proposal as it relates to students.

“There is something inherently wrong with that,” David Cahn, an education activist who regularly attends county school board meetings, said before the board’s vote to consider the policy. “There are better ways to do this than to take away a person’s rights.”

If the policy is approved, the county would become the only jurisdiction in the Washington region where the school board assumes ownership of work done by the school system’s staff and students.

David Rein, a lawyer and adjunct law professor who teaches intellectual property at the University of Missouri in Kansas City, said he had never heard of a local school board enacting a policy allowing it to hold the copyright for a student’s work.


Price George's County is a county in the state of Maryland, and it shares a border with Washington, DC. Basically, the school board there is considering whether they should own the copyright to anything you produce for school.

This would mean that if you wrote a short story for English class, you'd be unable to submit it to a literary magazine as you wouldn't own the copyright to it. However, your teacher, school, or county could without your permission (they wouldn't be able to change the author fortunately).
  





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Mon Feb 04, 2013 9:34 pm
AlfredSymon says...



This is just said. It looks like very unfair to me, owning what's not yours, especially intelligence, like literary works.
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Mon Feb 04, 2013 9:47 pm
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Nate says...



I agree with it as far as teachers are concerned; after all, whenever you produce work for any job, that work product is owned by the person who paid you to produce it.

But for students? It seems insane.
  





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Mon Feb 04, 2013 11:36 pm
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wordsandwishes says...



Okay, this seriously ticks me off.

The Board of Education doesn't own the students.
(Or anyone for that matter).
They don't have the right to take away anything created by anyone!
Come on people! Doesn't the Board of Education have anything better to do than take away the rights of students? Like, I don't know, improving the education system?
  





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Tue Feb 05, 2013 9:24 pm
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Blues says...



Why do they need to do this? Forgive me if I've missed out something completely wrong but I cannot see the purpose of it. Why are we, as students, being taken advantage of like this? We may not have finished growing but we certainly aren't stupid.

"Can I see some of your schoolwork?"

"I don't have any schoolwork that is mine, technically."

I personally think it could be considered theft. In the end, you aren't being paid for it. Your work contains part of you - whether it be your thoughts and emotions in the poem you wrote for English, the blood, sweat and tears for that project in science or your thoughts on something in philosophy.

If this happened to another group, such as students at university, I don't think they would be amused at all and they would be protesting. Loudly. It is the school/the parents who should be looking after us, guiding us to adulthood. If it's wrong to take away someone else's rights such as freedom to do what you want providing it isn't 'wrong', then why are they doing this to us?

It seems to me that they realised that they cannot take away the rights of certain racial groups so they've decided that they can do this to age groups. Extreme to put it this way, yes, very extreme in fact but with this, what says they can't push the boundaries?
  





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Wed Feb 06, 2013 1:15 am
wordsandwishes says...



That's exactly what I'm worried about!
  





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Wed Feb 06, 2013 8:13 am
noninjaes says...



Aren't all works automatically copyrighted to the creator. So to claim copyright of those works, wouldn't the school board have to enter a copyright agreement / contract with the students and teachers. As for the students, aren't all contracts made with minors automatically void? I'm not sure about that law in the US, but in Aus a minor can't enter a contractual agreement.
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Wed Feb 06, 2013 7:04 pm
Nate says...



Those are two good issues you bring up ninja. Honestly, I'm not quite sure what the answer is.
  





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Fri Feb 08, 2013 2:53 am
Karzkin says...



The answer to Noni's question differs from jurisdiction to jurisdiction. In the US nothing is copyrighted unless explicitly said so, so a student's work would not be automatically copyrighted. In Australia your work is copyrighted as soon as your pen hits the paper, or you play the first note, or whatever. So in Australia students' (and anyone else's for that matter) work is always automatically copyrighted.
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Fri Feb 08, 2013 4:16 am
noninjaes says...



Oh. I all of a sudden no longer have a desire to move to America at one stage in my life.

Though, students and teachers could possibly get around this by stating on those works that everything is copyright to them as soon as they create this maybe. I'm not sure if the schools claim would override the student's though. I'm no lawyer.
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Sun Feb 10, 2013 2:49 pm
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BenFranks says...



In reply to Karzkin, Creative Copyright is also automatically granted under U.S. Law, you're merely legally advised to state so on your published work for third party clarity.
  








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