Who Owns Student Work?

Meredith Davis:

A number of years ago, curious about the ownership of student work produced in a class, I asked a lawyer friend who specializes in art and design copyright law if schools had the right to reproduce student work in their recruitment publicity without the students' permission. He informed me that the student, despite advice from faculty who may have shaped the work, owns the work and that written permission must be secured before it could be reproduced. He also said such works could be considered student records and recruitment results in some benefit to the institution that exceeds any reading of the "fair use" practices of educational institutions (i.e. those that might be applied to the use of lecture slides for a class).

This reading of the law is at odds with the prevailing opinion of many schools that the student would not have produced work of a particular quality under his or her own resources, and therefore, that faculty have some "ownership rights" in the output of any class. Since that time I have been very careful to ask students first about any public use of their work, even in lectures I give at other schools, and I always credit the work with their names and give students the details on the presentation venues for their resumes. My lawyer friend told me that statements in college catalogs claiming that the institution retains ownership of work produced in a class wouldn't hold up in court; unless the maker is an employee of the institution/company or has signed away rights through some explicit agreement, ownership is retained by the maker. Other attorneys may have different interpretations, and I don't profess to be a legal expert, but the ownership of work produced by students is certainly something to think about.

Posted by Jim Zellmer at February 2, 2010 1:34 AM
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