Student Photographer Threatened With Suspension For Sports Photos
sandbagger writes: Anthony Mazur is a senior at Flower Mound High School in Texas who photographed school sports games and other events. Naturally he posted them on line. A few days ago he was summoned to the principal's office and threatened with a suspension and 'reporting to the IRS' if he didn't take those 4000 photos down. Reportedly, the principal's rationale was that the school has copyright on the images and not him.
So, another thread about some random clueless school principal.
Look, the vast majority of us (at least the non-ACs) have already graduated from high school. We know that your average principal has to check the school policy manual to figure out which leg to put in the trouser first. And then they mess it up half the time anyway.
Not much to see here. Some lawyer will be around presently to wack some sense into the the school district.
Faster! Faster! Faster would be better!
Threats of lawsuits are mostly idle. Call his bluff and see what happens when the ACLU gets involved and crowfunding his defense sends the principal looking for a new job..
Old age and treachery almost always overcome youth and skill.
Dear Principal,
Do you really want to bring this kind of publicity to you and the school you're representing? I'm pretty sure that you won't be able to handle the backlash, and you might actually have to resign or ... get fired.
Unless you have a Board adopted policy, predating the photographs, you're in a really tough position.
Sincerely,
The Internet Community.
Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
Well, he clearly owns the copyright on the photographs, so if anyone wants to contest that they are SOL. The privacy concern is legitimate if and only if the pictures were taken in an area where there was an expectation of privacy. A sporting event with people in the stands cheering certainly doesn't seem like a private event...
This guy would be -any- yearbook adviser's dream to have. Look at his photos...they're incredible. He gets in close to his subject, captures the action vividly, and makes very good use of lighting. And for a sophomore? Simply amazing.
This district is handling the situation all wrong. Regardless of whether or not they can or cannot make a claim to the ownership of the photos, they should be lifting this young man up for the talent he has and putting him on a pedestal. Enter him into national photography competitions. Get national recognition for his work, and put the trophies in your trophy case. And make him proud of his talent. He deserves it.
Suing him? Simply ridiculous.
Funny. Where I am, public schools (which aren't unionized because public employees aren't allowed to unionize in our state) have better pay for teachers and more resources for the students than private schools, but they also have a higher ratio of impoverished students to rich students and end up scoring consequently less on standardized tests.
Because, in the end, school performance has jack shit to do with teachers or minor funding differences and everything to do with the parents, whether or not they taught the kids to read early and life and whether they continue to expect good academics of the kids. Frankly, it doesn't matter whether you send your kid to private school, a public charter, a talented-and-gifted program inside a normal public school, or what have you, so long as it requires some minor, token effort to get your kid into that school or program instead of the default, lowest-common-denominator stream, where you find the kids whose parents just don't give a damn. Schools are a giant switch block, and any case statement is better than the default.
Threats of lawsuits are mostly idle. Call his bluff and see what happens when the ACLU gets involved and crowfunding his defense sends the principal looking for a new job..
Don't call his bluff.
A principal has all kinds of power over your life as a student. Litigation takes time. And a principal can easily destroy your chances of getting into college or tarnish your record (before litigation can straighten everything out)
Get a school board parent on your side, preferably someone with a law degree, or married to someone with a law degree. Or barring that, find a regular parent at your school with a law degree. The principal won't refuse to talk to a parent, especially someone who appears neutral and who appears to know what he's talking about.
If the principal still doesn't want to listen to reason, I suppose the student could file an injunction to prevent retaliatory actions against him by the Principal, but that should really be his last resort. These types of misunderstandings usually work themselves out by getting enough parents on your side, without ever needing to go to court.
Most professional sports teams copyright their games. Even tweeting the score can get you in trouble.
Only if you're a player or party to an agreement that prohibits tweeting the score.
They only own copyright to the media they produce.
I'm sick to death of these apparatchiki pretending to be educators, throwing their "respeck mah authoritah!" tantrums. I really hope that this kid refuses any settlement that lets that asshole principal stay on the public payroll.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
A principal has all kinds of power over your life as a student. Litigation takes time. And a principal can easily destroy your chances of getting into college or tarnish your record (before litigation can straighten everything out)
So presumably college admissions people don't read the internet and they don't watch the news? Someone who is hiring a journalist will not bother to check out the journalist's online reputation? Really? If a school administrator succeeds in doing what you say, the public overwhelmingly favors the student's position and the buzz on facebook and other social media will be inevitable. Whether you agree or not, your internet profile is an indelible part of your "permanent record" and will be factored into decisions.
Take the pictures down; repost them all the day that the diploma is received.
Nice try Coward, but both copyright law AND the school's own policy disagree with you. This is even in TFA itself: "Title 17 of the United States Copyright Law, which denotes that the “Copyright in a work protected under this title vests initially in the author or authors of the work”; in the case of photography, the individual who presses the shutter is the ‘author’. In addition, the District’s Board Policy Manual explicitly states “a student shall retain all rights to work created as part of the instruction or using District technology resources.”"
I hope you don't have a job that depends on you giving them advice like this, because if you do your company is probably violating the law all the time based on your "idea" of how the law works, as opposed to reality.
Even if he is selling the photos, I believe copyright says they belong to the photographer.
I am Bennett Haselton! I am Bennett Haselton!
I work for a school district in the technology department. We clearly spell out in our usage agreements that everything created on district equipment is for educational purposes only, and not to be sold for profit by either students or staff. Since this guy is using a school camera, I think this might be the policy he's running into.
From his Flickr site: "At the end of the [Texas Association of Journalism Educators] class, I approached the teacher confused, and asked that because I was using a school camera, and using a school press pass, do I still own my pictures? She replied that I did."
If he were using his own equipment on his own time, I'd be first in line to tell the school to blow it out his ear. But if he's covering these sporting events as a member of the yearbook staff for the school and he's turning around and selling yearbook pictures privately for his own profit, then no, I don't think he should do that.
This would require a separate agreement that he (and his parents, since he is a minor and therefore cannot enter into a binding contract) would have had to agree to. He's not an employee of the school (and even then would have to sign an intellectual property agreement first), so the press pass means squat. School board policy even states that students retain ownership of their creative works. As for the camera ownership doesn't matter by itself in the eyes of copyright law (see the monkey selfie fiasco).
I browse on +1 so AC's need not respond, I won't see it.
I work for a school district in the technology department. We clearly spell out in our usage agreements that everything created on district equipment is for educational purposes only, and not to be sold for profit by either students or staff. Since this guy is using a school camera, I think this might be the policy he's running into.
Perhaps, if it was written down and his parents signed it or there was some valid way for all parties to agree with the rule.
From his Flickr site: "At the end of the [Texas Association of Journalism Educators] class, I approached the teacher confused, and asked that because I was using a school camera, and using a school press pass, do I still own my pictures? She replied that I did."
If he were using his own equipment on his own time, I'd be first in line to tell the school to blow it out his ear. But if he's covering these sporting events as a member of the yearbook staff for the school and he's turning around and selling yearbook pictures privately for his own profit, then no, I don't think he should do that.
Being on the yearbook staff does not preclude him from doing things on his own. It isn't a contractually bound obligation. Unless the press pass bound him contractually (which would be odd for a high school), it's just and ID to let you into places where the public is restricted.
In any event, the principal (at least according to TFA) is being an ass. Instead of sitting him down and discussing this rather complex real world issue, he / she (?) threatens with blackmail and suspensions. Not exactly role model material here.
Faster! Faster! Faster would be better!
"... isn't this completely unrelated to what slashdot is about?"
Please don't post comments to stories that don't interest you.
The sociology of technology is something I must deal with every day. It's interesting to me to read stories about that.
whose job involves weeding out students who will be more trouble than they're worth.
Students who understand and exercise their civil rights are not "more trouble than they are worth" if the student is pursuing a career in law or journalism.
A license to use is NOT copyright transferal. Just because they have a (implicit) right of use for the yearbook that does not terminate his copyright in all other areas.