Buzz Out Loud Lounge: Copyright for students
Copyright for students
by JazzVM - 6/23/06 6:59 PMIn response to the student plagiarism discussion
Several colleges in the Netherlands make their students sign a contract that states that the copyright for materials created as part of the curriculum belongs to the college. This is most common with art academies. However, there is a precedent of a student that sued the Rietveld Academy claiming that he owned the rights of his work. He won the case because he was not paid by the university to create the work. The judge ruled that in order for any organization to claim the copyrights, the creator of the materials has to work for that organization and his/her job description must include that his/her job is to create those materials.
Copyright law....
by wizardjs - 6/23/06 7:26 PM In reply to: Copyright for students by JazzVMI was researching copyright law once and it had the clause of copyright for employers. Any work or piece you right for your boss becomes his or her copyright. Example, you are a writer at CBS and write the next episode of some show, the copyright of that script is CBS's not yours. I wonder if students fall into that. I know that we're not being paid or anything, but we're sort of under their control so I suppose that we could sort of be under that clause. Just my thoughts.
Students have rights unless given up
by Jynta - 6/23/06 8:33 PM In reply to: Copyright for students by JazzVMActually makes sense:
Link:
http://www.lib.ncsu.edu/scc/tutorial/copyuse/students1.html
Part of the tutorial:
Who owns the copyright to works created by students?
Generally, the answer to this question will depend upon the relationship of the student with the university and any contracts or agreements in place. The typical student, who has no employment relationship with the university, is the copyright holder to any original works he/she creates. This would generally include papers, tests, emails, theses, dissertations, etc. Keep this in mind before re-using a student's material. If the student is an employee of the university, anything the student creates within the scope of employment will belong to the university.
Students have rights unless given up
by leoxle - 6/26/06 5:18 AM In reply to: Students have rights unless given up by Jynta[Disclaimer: I am a lawyer, but I'm not your lawyer unless we have an engagement agreement. This isn't legal advice specific to your situation. Consult a lawyer to answer your legal questions. Please excuse me for having to say that.]
As Tom recalled during Thursday's (22 June 2006) podcast, an "author" does own the copyright in a work of authorship as soon as it is "fixed in a tangible medium of expression," such as saving it on a hard drive or writing it down. This has been true since a major international treaty went into effect in the US on 1 January 1978.
Further, there is no restriction on the age of an author--a two-year-old (or his/her legal representative) could stop others from copying his/her scribbles if he/she wanted.
The post to which this is a reply is correct in reporting that contractual or employment relationships can change ownership of copyright, but to qualify as a "work made for hire" a situation has to have some fairly specific characteristics. (See the definition of that quoted term near the end of 15 USC sec. 101 at http://www.copyright.gov/title17/92chap1.html#101 .) This includes the type of work, the purpose of the work, and certain written contractual terms. These factors do not come together in the student-school relationships of high school or undergraduate students with which I am familiar, so these students probably own the copyright in their writings.
There is another relevant question, though, and that is whether the teachers in your discussion have an explicit or implied license (that is, permission) to copy students' works for one or more purposes. A license probably does exist, for example, to make limited copies of the work for the sole purpose of grading the work. The teacher might also be licensed to make an archival copy to support the grading for the class. If the syllabus for the class is distributed before the work is submitted, and it gives the student notice of the teacher's plagiarism-checking practices, those practices might also be impliedly licensed.
Bottom line:
--High school and undergraduate students usually own copyright in their works.
--Contracts or employment may change that.
--Teachers can be allowed (licensed) to check for plagiarism and make other copies.
Hope that helps.
~~Matt (317-753-4842)
Students have rights unless given up
by Jynta - 6/26/06 1:04 PM In reply to: Students have rights unless given up by leoxleWell put - It seems that some universities have the students not working for the university sign away their copyright rights.
(NT) I believe that whoever makes it, owns it
by shanaka perera - 6/23/06 9:03 PM In reply to: Copyright for students by JazzVMEducators work for students, not the other way 'round
by cardsbb9 - 6/23/06 10:20 PM In reply to: Copyright for students by JazzVMHaving (briefly) been an IT trainer it became quite clear to me that those who teach work for those who learn, not the other way.
I do not think a student gives up their right to ownership of material just because it was produced due to the requirements of a course. If that were true then people would not be able to publish their doctoral thesis as a book (which has happened often enough to not be a fluke).
In any contract there has to be a service or product provided by one party in exchange for some form of remuneration, usually money. That is why when I take pictures of people on the street and have them sign a models release I need to pay them a buck or two. If I didn't the contract (model release) would be null. Colleges and universities do not pay their students for each assignment they request.
Quite the contrary it is the student that is paying the college or university (or their parents in their stead).
Google and Yahoo
by adkinsjm - 6/24/06 12:43 AM In reply to: Educators work for students, not the other way 'round by cardsbb9Didn't Google and Yahoo have to give money to Stanford for using their resources?
I don't know but the first thing I thought when this was being discussed was: Wouldn't Google be property of Stanford if they owned the copyright instead of the student?
That's what i thought
by mdstout58 - 6/24/06 12:28 PM In reply to: Google by mattmorisWasnt Google like a Stanford research project? So if the copyright works, then isn't all of Google's billions really Stanford's? http://www.google.com/intl/en/corporate/history.html
Technology Not Google's
by adkinsjm - 6/24/06 9:03 PM In reply to: That's what i thought by mdstout58Stanford has licensed the technology the founders developed
http://www.cra.org/CRN/articles/ku.html
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