Slashdot Mirror


School Board Considers Copyright Ownership of Student and Teacher Works

schwit1 writes "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. It's not unusual for a company to hold the rights to an employee's work, copyright policy experts said. But the Prince George's policy goes a step further by saying that work created for the school by employees during their own time and using their own materials is the school system's property."

36 of 351 comments (clear)

  1. Kid's artwork? by sunderland56 · · Score: 5, Insightful

    Most tech companies claim ownership of anything created by employees, whether created at work or on their own time.

    But, the students are not employees, and signed no waiver when they enrolled. Claiming ownership of the student's creations is rediculous.

    1. Re:Kid's artwork? by Anonymous Coward · · Score: 5, Funny

      If it is a public school there is no way they can possibly claim ownership. The government requires attendance.

    2. Re:Kid's artwork? by hawguy · · Score: 4, Informative

      Most tech companies claim ownership of anything created by employees, whether created at work or on their own time.

      But, the students are not employees, and signed no waiver when they enrolled. Claiming ownership of the student's creations is rediculous.

      That's not the case in California. Or rather, companies may still claim ownership of all inventions in their employment contract, but it's not enforceable. If the invention is done on the employee's own time and equipment and is not related to or derived from the employee's work at the company, the company has no right of ownership:

      http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=02001-03000&file=2870-2872

    3. Re:Kid's artwork? by Belial6 · · Score: 4, Informative

      As the parent of a home schooled child, I can tell you that children are not required to do standardized testing. They are not even required in public schools. Standardized testing is universal in public schools for the same reason that (with only a few exceptions) 65 MPH is the standard maximum speed limit on highways. The federal government takes money from your community, and if you want it back, you have to do what they say. While many public schools are luring some home school families into their roll books with offers of free money, and these students would be required to take standardized test by the schools; just as common is the home school families who establish their own private school, don't take any federal money, and thus don't need to take the standardized tests.

    4. Re:Kid's artwork? by JWW · · Score: 4, Funny

      I know with a spell checker your gauranteed to spell words correctly!

    5. Re:Kid's artwork? by himurabattousai · · Score: 3, Interesting

      Things like the double-nickel NMSL that was, thankfully, discarded in the mid nineties, the .08 BAC limit, or the legal drinking age of 21 years, all which were adopted nationwide as the result of coercion from the Feds, are the perfect car analogy for this situation. A majority of the states have highway speed limits of 70+. No federal highway dollars are currently tied to speed limits, just as no federal education dollars should be tied to dysfunctional standardized testing. In fact, the current model of taking away money due to poor testing performance practically guarantees that bad schools will remain bad. I'm not saying that money is the solution to every problem in our schools, but the proper application of sufficient funds can make a difference.

      --
      "osake no hou ga, biiru yori ii" to omotteiru.
    6. Re:Kid's artwork? by __aaltlg1547 · · Score: 3, Insightful

      Yeah, but it's a great way to stifle teacher creativity. Why should the teachers bother to create anything that might be beneficial to the school if it will just be taken from them?

    7. Re:Kid's artwork? by __aaltlg1547 · · Score: 3, Informative

      But, the students are not employees, and signed no waiver when they enrolled.

      I agree. A school should not be able to claim copyright on a student's work because they're not employed by the school. Teachers, on the other hand, are employed by the school, and thereby their work should be the property of the employer.

      No it shouldn't. Who made up THAT idea? The employer only owns the employee's work if the employer has a contractual arrangement with the employee assigning ownership of such work. (Accepting an assignment to work on a project is such an agreement.)

      Otherwise, anything you do on your own initiative is your own work and you own all rights to it. This is why tech companies typically make their employees sign agreements that explicitly assign their creative works to the employers. (Such agreements vary in how much of the employees work the employer has rights to, but they are usually pretty onerous.) They wouldn't bother getting you to sign something stating that what you do is theirs if they already knew that it was by default.

    8. Re:Kid's artwork? by evil_aaronm · · Score: 4, Interesting

      Trust me - it's a power thing. I served on a BOE and saw it first-hand. Bunch of nobodys in Podunk, but they get elected to the board, and they think they can do whatever they like. Of course, the standard distribution curve applies, so you'll have some that take it to ridiculous extremes.

    9. Re:Kid's artwork? by Deep+Esophagus · · Score: 4, Insightful

      While we were not required to do anything but announce our intention to homeschool and provide (without requiring approval) our curriculum for the year, we did give our homeschooled kids the Stanford Achievement Test each year. Not for any reporting requirements, but to see where we were failing as teachers.

      The result? Daughter got a full ride scholarship, and son got about half his tuition paid by scholarship. Of course neither one of them has any friends or knows how to have a conversation or play games because it never occurred to us to socialize them under any circumstances. I kid! They've both done much better socially than I ever did, even given the handicap of inheriting my F&SF/gaming/comics/Monty Python genes.

      Belial6, it's worth noting that standardized testing may not be required in YOUR state, but the laws vary wildly from state to state. Some places the rules are so strict you might as well not bother homeschooling for all the freedom you have to shape your child's academic plan; others (like Wyoming where we live) are extremely laissez-faire.

      I think I'm gonna go back through the last 18 years of school projects and LEGO models, and copyright them all in my name.

    10. Re:Kid's artwork? by MacGyver2210 · · Score: 3, Interesting

      It's actually quite uncommon. Of the probably ten large (multimillion-dollar, international) corporations I have worked for, only one had this provision.

      I do software development - one of the most contentious patent fields right now, and probably the easiest field to slyly slip away with some company property(code) and do what you will with it. The one that did have that provision was a short contract, so I never really had a chance to work on anything out-of-office that they would want.

      It shows active malice and contempt toward your employees to say something they make in their free time, at home, with their own materials, is your property. If I ever go back on the job hunt, I sure as hell won't be pursuing any jobs with that clause.

      Telling me anything I code in my free time at home is theirs would mean I don't code in my free time at home. Me not coding at home would eventually make me loathe the company, and I'd probably just end up quitting in frustration so I can have my free time to myself again. Not a super productive environment for employees.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    11. Re:Kid's artwork? by MacGyver2210 · · Score: 4, Informative

      In the US, it's not just as simple as crossing it out and signing the contract. For striking something from an official contract to actually modify the contract, you need the other party to agree to each change as well.

      This is usually done by striking out a clause and having both parties initial it, or by reprinting the contract with the changes included. I have signed several modified contracts, and all I had to do was get the employer to initial the parts I crossed out(which, as we had discussed it beforehand, they happily did).

      Don't be afraid to talk to whoever is providing the contract. They may understand where you're coming from and help with the modified contract, and if they don't you may not want to work with them after all.

      --
      If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
    12. Re:Kid's artwork? by Ying+Hu · · Score: 3, Interesting

      My school system (not in California) does not have any such claims in their employment contract, but does include such language in their Acceptable Use Policy for the computers and the school network - they claim anything stored on the school network is theirs. This has made me much more reluctant to put anything I create onto the network, but the part I find funny (and amazing) is that there is plenty of commercial stuff stored on our network servers for use by the teachers - videos from educational companies, Advanced Placement test materials, etc. I'm pretty sure the Educational Testing Service would object to my school claiming ownership over an AP test they have copyright to, and I'm sure the video companies would for their materials. This is the ridiculous level the f--ing lawyers and our copyright laws have brought us too - Orwellian newspeak meanings to our language (WE own it ALL!), OR, everyone is guilty, period (of course, the whole point of Orwellian newspeak was that everyone was, indeed, guilty, unless OK'd by Big Brother).

    13. Re:Kid's artwork? by Loki_666 · · Score: 3, Interesting

      I did this once. Spoke to them about it. Said i didn't like it and would only accept a modified version which said they only owned my creations if i used their time or equipment. They agreed.

  2. Yeah, fuck off. by serviscope_minor · · Score: 5, Insightful

    Profane, but seriously, fuck off.

    On what grounds do they thing they possibly own student work?

    I can vaguely see an exceptionally unethical argument for teachers work, but student work? It's not like they have a choice as to whether they attend and it sure as hell is not work for hire.

    What is wrong with these people?

    --
    SJW n. One who posts facts.
    1. Re:Yeah, fuck off. by hedwards · · Score: 3, Informative

      This has been the case for a while where student work is turned over to a plagiarism screening service which then owns a copy of the work in perpetuity, whether or not the student consents to it.

    2. Re:Yeah, fuck off. by Anonymous Coward · · Score: 5, Informative

      Owning a copy of it is quite different than owning the copyright on it.

    3. Re:Yeah, fuck off. by serviscope_minor · · Score: 4, Insightful

      It's called "work for hire," and it's entirely common, and understandable.

      Yeah, like I said.

      The teachers are paid to teach, not produce "content" or whatever. The school owning the lesson plan means that the teacher can't take it with them when they leave. That would certainly restrict the mobility of teachers if all their accumulated materials in that regard are tied to the school. IOt does not benefit the school, teachers or pupils.

      Remember: teachers are hired as teachers: not creative workers in the sense of producing work for hire.

      As it happens, where I come from and the organisation that I used to teach for did exactly the opposite. The lecturers own their own lecture notes. They could take them away after leaving, or turn them into a book. Quite often, the good long running lecture courses (i.e. the ones that did prove popular and effective over the years) were turned into books. Invariably the lecturers published the book through the university even though there was no need to do so, because they made it easy and worthwhile. Funny thing that if the university did assert copyright, then they would have got squat.

      And it's not that bizarre system popular in the US where the hapless students are forced to fork out hundreds for a bad book which changes frequently, just to pass the course.

      --
      SJW n. One who posts facts.
  3. They can't just declare this. by John+Hasler · · Score: 3, Informative

    Well, they can, but it won't be legally binding until they get the employees and students to agree to assign their copyrights.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  4. Child Labor by cervesaebraciator · · Score: 5, Interesting

    If, therefore, they do claim ownership, the parents should bring a case against the school system for violation of child labor laws.

    1. Re:Child Labor by Anonymous Coward · · Score: 5, Funny

      A class action.

    2. Re:Child Labor by robthebloke · · Score: 5, Interesting

      Although it also works in reverse. When I graduated uni, one company I applied to for work, took my major project, and started using it in production. Athough I didn't get the job, I was tipped off by a friend who'd started working there, that my work had formed the backbone of their new product. The uni's legal team got involved, and I ended up with a nice handsome payout for my efforts a few months later! :)

  5. It's not a typo by davidwr · · Score: 5, Funny

    It's the results of his creative efforts.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  6. Um, I don't think so by roc97007 · · Score: 3, Insightful

    > 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

    So, my daughter went to an art magnet school. During that time she created many works of art, some of which she entered into contests and won awards. She has commercial plans for a series of cartoon characters she invented while in school. If the school claimed ownership, she would not hesitate to sue, and she'd have a lot of company. Content creators can get really sticky about their own content, even as teenagers.

    Therefore, I don't think the part about the school copyrighting content created by the students is going to fly. All they'd need is a couple of high profile losses, and we'd skip immediately to step 4, punishment of the innocent.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  7. Classic MBA Crap by EmperorOfCanada · · Score: 4, Interesting

    Some MBA heard that x% of employees are earning a few dollars on the side and they realized that this could plug some budget holes (holes created by administration taking trips to Hawaii to learn the latest in ed-tech).

    But in classic MBA style they forget about incentive where if they take that money then the work won't be done. I suspect that again in classic MBA style that they need to "centralize" and "quality control" information leaving the system.

    This probably all stems from a requirement from some way overpriced anti-plagiarism software; even worse the pitch from said salesman might have documented (with great pie charts) that by doing this money grab the anti-plagiarism software would effectively be free.

    Lastly by claiming copyright they get better control over information that makes them look bad. So if some student makes a video of a drunk teacher and puts it on youtube then the school system will demand that youtube take it down on the grounds that they have copyright. I would love to see them trying to apply this to teachers with blogs, twitter accounts, and writing op-ed pieces for the local newspaper. These fools forget that there are a zillion places to put a drunk teacher video that will oddly enough defend the students' first amendment rights.

    To me this is just another great lesson for the kids that they learn that the educational system exists not one spec for them but entirely for the administration. In Ontario, Canada the school board got completely screwed by the government (before they screwed the government) so now like petulant children they are trying to keep the teachers from extra-curricular activities. They are now arguing that holding back these services won't harm the children. Whoa, wait a sec. Losers.

  8. Make it hard for them by snspdaarf · · Score: 3, Interesting

    1. Form an LLC
    2. Acting as your child's agent, put them under contract with the LLC for their creative works until their 18th birthday, with an option for the child to retrieve all their rights from the LLC at that time.
    3. ???
    4. Screw the school district!

    --
    Why, without your clothes, you're naked, Miss Dudley!
  9. Re:Teachers by Daniel_Staal · · Score: 5, Insightful

    It sounds like it does, on the surface, but lesson plans are something teachers currently trade, sell, and use as a basic resource. The difference between a just-graduated teacher and a teacher with ten years of experience is that the teacher with experience has a stack of lesson plans, and can swap out which ones they use on any given day based on the progress, skill, and mood of their students. And, let's not forget, all of this is being created in the teacher's own time, outside of school hours.

    Oh, and I doubt the school district will be making these available for free to their own teachers. (Unlike the teachers themselves, who might share with a co-worker.)

    Any teacher who's spent any amount of time working on their own lesson plans would immediately start looking for a job outside the county. Any teacher who's any good wouldn't take a job in that county. You'll have beginner teachers who don't know any better, or teachers who've been there for ages and don't want to move, who'll just be hanging out until retirement. (And not updating any of their lesson plans.) Oh, and teachers who buy all of their lesson plans, because they can't be bothered to come up with them themselves. And the beginners will probably leave as quick as possible.

    So you're trying for high-turnover, and chasing out any teacher who wants to invest their own time and effort into teaching the kids. Which means you'll get low-quality teaching, and low-quality schools.

    --
    'Sensible' is a curse word.
  10. Re:Wrong! by pwizard2 · · Score: 3, Interesting

    What do you mean by "becoming"? This country has been fascist to the hilt for a long time now. Bullshit like Citizens United was just the icing on the cake.

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
  11. Mostly makes sense - outside the USA by Captain+Sensible · · Score: 5, Insightful

    Teaching is a collegial activity, so a good lesson plan would normally be shared within a staff room. Student's work is produced by minors where the school is 'in loco parentis' so their work would become school property to protect them from exploitation by adults, plagiarists and commercial interests.

    That's how it works in Australia. Public school teachers are state employees so all their work is the property of the Crown. Good teaching material can be (and is) distibuted to other publis schools to give system-wide improvement. A teacher who gains a reputation for producing good stuff can negotiate this into promotion or a consultancy. State employees are not supposed to produce any paid work outside their job but in practice teachers who work as tutors, coaches or musicians etc are not imposed upon by the government as there is a tacit acknowledgement that teachers often need another income. Private school teachers' work is the property of their employee (diocesan office, school board) for much the same reason.

    School administrators (puiblic or private) have a legal 'duty of care' to children. They won't stop parents from taking their kids to modeling agencies or auditions but if they produce something in school, say their major artwork for the matriculation exam, the school can arrange a professional exhibition and prevent students from beign ripped off.

    American libertarians will doubt that government agencies can be benign (and if you want gold medal bastardry only a government can provide it) but not all countries have vast armies, huge spy agencies, heavily armed police or kill people with robot aircraft. The Department of Education will be staffed at policy and implementation level by people who believe in the value of education and teachers actually like children!

  12. Re:Knowledge takes many forms. by cheekyjohnson · · Score: 3, Insightful

    Schools provide opportunities to develop and hone social skills, to forge friendships and to discover new interests.

    Right. The only way to make friends is to be locked inside a building with others your own age. No adults have friends that they met outside of work/school. Not to mention that for some people, this isn't even necessary or wanted.

    But you know what else most schools seem to provide? An awful education.

    I don't quite understand the problem of standardized tests.

    Then chances are you don't understand the problem with the public school system. That is, it doesn't teach understanding. All it does is have kids memorize material without understanding any of it just so they can perhaps do better on a standardized test. However, again, these tests don't measure understanding, only rote memorization. You can memorize all the math equations and procedures that you want, but that doesn't mean you understand any of them.

    --
    Filthy, filthy copyrapists!
  13. As a resident of PG County ... by oneiros27 · · Score: 4, Informative

    I'm just thankful that we've made the news without any murders, theft, or corruption.

    I thought that we had gotten rid of the idiotic school board when they disbanded it in 2002 and got Marilyn Bland and the others out of there. (although, we haven't gotten rid of her yet)

    --
    Build it, and they will come^Hplain.
  14. Re:Teachers by KillDaBOB · · Score: 4, Informative

    Yes teachers spend lots of time after hours working, but they do have lots of scheduled time to design tests and lesson plans as well.

    I don't know what it was like when you went to school, but in the high school I went to the teachers didn't have much scheduled time to work on such things. You got a half day every couple of months. You got one "free" period most days, but not every day, which was pretty much your lunch break. What scheduled time do you speak of? Both of my parents were teachers. You know what those half days consisted of? Mostly meetings. Again, not much scheduled time to work on lesson plans and the such. Teachers worked on all that stuff at home. Scheduled time my pink behind...

  15. Re:Knowledge takes many forms. by MacGyver2210 · · Score: 5, Insightful

    If the kids you are referring to don't understand something, why not just ask "why" or "how"? Do they WANT to be ignorant?

    I went to public schools. I imagine my education would be about half as complete had I not bothered to question "why" or "how" to every new subject or piece of information. I had to PULL the information out of the teachers, because they were pretty unmotivated. Once I showed a teacher I was actively interested in something, they would begin to show me more and give seriously fun and interesting 'extra credit' work that the rest of the students didn't do(synchrotron experiments in Sophomore year anyone?)

    All of this came from my parents. They ENCOURAGED me to ask why. They would tell me some neat fact, like how fast the earth was going. When I asked "Why doesn't it just fly into space?" my parents explained to me (or at least tried their best) how gravity works, and in kiddie terms, basically laid out several of Newton's principles. THAT is how you answer a kid's question.

    For some reason I can't comprehend, parents are annoyed when their children ask "why" repeatedly. The kid is trying to naturally figure out how something works and why it ended up that way. Parents shut them up, or distract them with games or TV, and actively discourage them from truly understanding a topic. Louis C.K. even has a whole bit about this. THAT is the real problem with education today: parents are too lazy to help teach their kids, they don't give a shit, and just want the schools to 'do it for them'.

    'Murica

    --
    If the only way you can accept an assertion is by faith, then you are conceding that it can't be taken on its own merits
  16. Re:To quote Spock by zm · · Score: 3, Funny

    I'd rather quote Arkell v. Pressdram.

    --
    Sig ?
  17. Re:Knowledge takes many forms. by Ambassador+Kosh · · Score: 3, Insightful

    You can understand something without memorizing it. There are hundreds of equations involved in various ways of doing heat transfers. You don't have to remember them all to understand how to use them correctly. If you know your situation is laminar fluid flow through a pipe you can look up the appropriate equations. The important part is learning and understanding hows and whys of heat transfer.

    You can also measure the progress of students by giving them real problems to solve. Something that requires applying the knowledge they have gained. Most of my engineers classes have two hour exams with 4 problems and everything is open book, notes, calculator etc. You are given real problems to solve that are unlike problems you have done before. You have to figure out how to apply your knowledge to solve the problem. Memorization does not help you for squat on those exams. Understanding is the only thing that will help you on those exams.

    --
    Computer modeling for biotech drug manufacturing is HARD! :)
  18. Re:Knowledge takes many forms. by Runaway1956 · · Score: 3, Interesting

    - How does one teach understanding?

        Try teaching what the kid is interested in? Many children have demonstrated an interest in something, only to be hushed, because the class was busy with something else, something more important. Horticulture, animal husbandry, chemistry, even history. "Tommy, we don't have time to discuss the Battle of Waterloo, get your colored pencils out, and draw me another meaningless chart that no one really gives a damn about!)

    - How does one measure the progress of students?

        When the kid begins to stretch YOUR mind, when he asks CHALLENGING questions, when you discover that YOU ARE LEARNING, just to stay ahead of him, then there is no need to measure the kid's progress. And, I speak from experience, believe it or not. I'm not a teacher in any formal education setting. Uncle Sam did make me an "Educational Petty Officer" in the Navy. Teach, teach, tutor, teach. I've continued in civilian life, always teaching my subordinates. And, those students challenge me often enough. They force me to learn more, in an attempt to stay ahead of them.

    If your students never challenge your own knowledge and education, then you've done it all wrong.

    - How does one understand something without remebering it?

    You teach CONCEPTS, not facts and figures. One who learns concepts can solve any problem to which the concept might relate. One who memorizes facts, figures, dates, and names may or may not ever actually solve a problem. He might run into a problem that he sees as similar to a problem solved by Professor Numty in England, way back in 1860, but he probably can't remember how Professor Numty solved the problem. He never understood the formula or how to apply it. Instead, he wasted time memorizing the professor's name, his biography, and all the awards the professor earned. All meaningless BULLSHIT.

    The real irony in such a situation would be, that Professor Numty's theory and formula aren't even applicable, because or poor memorizing fool really doesn't understand ANYTHING about his current problem, OR Professor Numty's work!

    When some cute little kid looks up at you, and asks, "Why is the sky blue?" what answer do you offer? The kid has a burning desire to learn, to understand - do you waste the opportunity, or do you help the munchkin to understand his/her world better?

    Bottom line, for me, is "Fuck the beancounters. Education is to important to allow Washington to have a say in it!"

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br