Follow this blog:
RSS

School board asserts it owns copyrights to all students’ work

By | February 7, 2013, 4:00 AM PST

Who owns the content and materials generated within an educational facility? You may think it belongs to individual students, and often teachers. But a school board in Maryland says the rights actually go to the school.

Under a proposal by the Prince George’s County Board of Education, the school system will assert its ownership of work done by the school system’s staff and students, states a report by The Washington Post’s Ovetta Wiggins.

In the corporate world, work generated by employees is considered to be owned by the employer, unless there is an agreement that states otherwise. Patentable projects developed on university campuses by professors or staff is usually considered university property, or the property of the corporate sponsor of research. (It’s a different story if funded by the federal or a state government.) But professors, students and staff usually assume the rights for content they produce on their own, such as articles for journals.

As stated in the Prince George’s proposal:

“Works created by employees and/or students specifically for use by the Prince George’s County Public Schools or a specific school or department within PGCPS, are properties of the Board of Education even if created on the employee’s or student’s time and with use of their materials.

“Further, works created during school/work hours, with the use of school system materials, and within the scope of an employee’s position or student’s classroom work assignment(s) are the properties of the Board of Education. Examples of works which the Board hereby takes ownership are: PGCPS Website: Individual School Website; Curriculum documents; Instructional materials for use in PGCPS or a specific school; Software and platforms developed for use by PGCPS, a specific school and/or the Board; Other works created for classroom use and instruction.”

The school board states it is merely spelling out the terms of existing federal copyright laws, specifically Copyright Act of 1976, the Digital Millennium Copyright Act of 1998, and the Technology, Education, and Copyright Harmonization (TEACH) Act of 2002.

Assuming the copyrights for material developed for school websites or instructional software developed for specific curricula is a logical move. And under the umbrella of the school district, there is protection against liability for teachers and staff. But in terms of assuming legal ownership of students’ work, or of any works even produced off-campus, is this school board taking things a little too far? If a student writes the chapter for a book as part of a school project, should he or she be barred from eventually publishing it in another venue, or for commercial purposes?

(Photo: NASA, My NASA DATA site.)

Start your week smarter with our weekly e-mail newsletter. It's your cheat sheet for good ideas. Get it.

Joe McKendrick

About Joe McKendrick

Joe McKendrick is a contributing editor for SmartPlanet.

Joe McKendrick

Joe McKendrick

Contributing Editor

Joe McKendrick is an independent analyst who tracks the impact of information technology on management and markets. He is the author of the SOA Manifesto and has written for Forbes, ZDNet and Database Trends & Applications. He holds a degree from Temple University. He is based in Pennsylvania.

Follow him on Twitter.

Joe McKendrick

Joe McKendrick

Joe McKendrick is an independent consultant and editor. Joe has performed project work for the following companies in the IT marketspace: IBM, Systinet/HP, Teradata. He has performed project work for the following organizations in partnership with Unisphere Research (Unisphere Media): IBM, Oracle Corp., International Oracle Users Group, Oracle Applications Users Group, Professional Association for SQL Server, International DB2 Users Group, International Sybase Users Group.

He writes for SmartPlanet and is not an employee of CBS.

If you liked this, don't miss...
85
Comments

Join the conversation!

Follow via:
RSS
+18 Votes
+ -
Huh?
So 100% publicly funded school system will own the copyrights on it's students and faculty, who are the taxpayers and thus technically 'own' the school system.

Truly, you have a dizzying intellect.
Posted by Havokmon
7th Feb
+5 Votes
+ -
Excellent!
Excellent point, Havokmon.
Posted by MerryMarjie
7th Feb
+4 Votes
+ -
Implications....
For one thing, it means teachers can't take the study guides or curricula they develop and sell it on their own. The school district would get a piece of that. It's actually a very lucrative market.
Posted by Joe McKendrick
7th Feb
+15 Votes
+ -
And Further Implications
Following that line of reasoning, Joe, a teacher who left one school district to take a position at another (or someone who was released/fired/laid off) would face litigation if he/she brought curicula, lesson plans, etc. to the new position. In that Brave New World, once again only the lawyers would benefit. The children certainly wouldn't!
Posted by jimc45
7th Feb
+5 Votes
+ -
Wrong Joe -
Read it again. The school district doesn't get a "Piece" of it, it gets all of it. It may choose to share a pittance with the teacher or student.
Posted by zclayton3
8th Feb
+3 Votes
+ -
And rarely have the mental giants
even shared a pittance with those who create something? Corporations sometimes do as certain things are known enough that they can't keep a lid on it. However anything that ties to government, including school systems, are made up of people that have little actual concern for anyone/anything except their fifedom.

Where does this madness stop? Does this mean that a teacher who creates a test in school system A, moves to school system B, can't create a test using the same basic questions because school system A owns those? It's a stretch but just making a point.

I guess parents need SCHOOLS to sign a waiver stating that anything done by their children are owned by the parents. After all we brought them into the world and as the creator we own everything from that point on. Take that school system!!!
Posted by dave@...
Updated - 9th Feb
+2 Votes
+ -
What is Intellectual Property?
Intellectual Property is a very popular term with corporations. But by what excuse can genuine intellectual anything belong to an entity that has no Intellect?? I already detest Disney Corporation for their theft of the Property that was created by the intellects of Mark Twain, Lewis Carrol, and A.A.Milne. The correct way to fund the school district is by taxation, not this legalised Intellectual Theft.
Posted by SmartAlbert
8th Feb
0 Votes
+ -
Not a little bit
All all of it.
Posted by Altotus
9th Feb
+8 Votes
+ -
Good point, and one that should be 100% obvious to anyone that uses
taxpayer money to fund anything, including all public school systems.

Eventually, someone will take that school board to court, and the school board will lose.
Posted by adornoe
7th Feb
+4 Votes
+ -
And who pays the school board's legal fees?
Also at the expense of the taxpayers that fund the school district.
Posted by joetron2030
8th Feb
+7 Votes
+ -
Government content and works are public domain...
Works published by federal agencies are considered to be in the public domain. As the school board is a taxpayer-funded local government body, any and all works created within the school system should also, reasonably, be considered public domain as well. A court may look at it that way, correct.
Posted by Joe McKendrick
7th Feb
+5 Votes
+ -
Except...
Works pubished by fed agencies are by workers being paid for that work. Students are not being paid for the work and as such own it. Now for free tuition room and board we might be able to work a deal!
Posted by pduffy211
8th Feb
-1 Votes
+ -
Ahh, but they are being paid:
See my longer comments further down for more ideas.

I would venture that the knowledge itself, is worth more than money. Technically the education of a person it equal to the total potential they may earn during their lifetime. It is certainly worth more than many other things we value in society.
Posted by Kieron Seymour-Howell
8th Feb
+2 Votes
+ -
Education
There is a difference that is frequently overlooked, between education and mere job training. Education is part of the forming of a person, training merely forms a worker. The School Board should be purged of the idiots that think stealing the work of their brightest students is a good idea. Hey, I've an idea. Some enterprising and gifted students are likely to put the originators of this fat-headed idea on Facebook, suitably lampooned.
Posted by SmartAlbert
8th Feb
+1 Vote
+ -
A school
Is not federal. Not state Local!
Posted by Altotus
9th Feb
+8 Votes
+ -
Dizzying Intellect
And these folks are charged with teaching our children??? Next we'll all be slaves to government because we live within the borders and were taught by the public schools. Seems like this school board needs to go back to school to learn about fair play, law, and ethics. They passed the classes on deviousness, demagoguery, and twisted logic, but failed US History.
Posted by wrobart
8th Feb
+10 Votes
+ -
Assimilation has begun
It's getting harder and harder to even own ideas any more. Another brick in the wall...
Posted by BobaFettismyuncle
7th Feb
+19 Votes
+ -
How Absurd!
I'm scratching my head over this one. This not only includes writing, but art, inventions, perhaps athletic prowess? Suppose a student composed a play that became a money-maker, or painted a picture that was worth a lot of money ... royalties go to the school district? Many young people are very talented and achieve scientific discoveries --- should the district take ownership? What stops them from claiming a percentage if one of their athletes is offered a huge signing bonus?

Sorry, I'm completely aghast thinking this could be realized. Back off, school district!
Posted by MerryMarjie
7th Feb
+1 Vote
+ -
This, is already common place in a work environment.
If someone works for a company, unless they have a contract that states explicitly otherwise, the employer has legal claim to all innovation, product, or advancements made at, or during employment, and activities related directly to the work being accomplished.

Maybe they are just trying to teach the students what it is like in the real world for a change. lol

The solution? Home schooling, or self-education, obviously...
Posted by Kieron Seymour-Howell
8th Feb
+10 Votes
+ -
no no no
Jim Butcher wrote 'The Dresden Files' as a challenge from a teacher. Others also get their formative ideas while in school. According to this article the Board would own everything you do until you leave high school. Eragon by Paolini - the Board would own it. Fuggin lawyers are ruining this country.
Posted by copracr
7th Feb
-6
Who do these people think they are? Facebook?
Posted by JohnMcGrew@...  |  Below your threshold
+2 Votes
+ -
Quite the opposite
This is clearly a school board with a corporatist mentality. They are just borrowing from the playbook of the recording industry and the motion picture industry and the likes of Monsanto. (You paid for our seed, but you don't "own" it.) And Facebook is hardly a government agency.

Do you seriously think that most "progressive" educators think this is a good idea?
Posted by wayne31r
8th Feb
-1 Votes
+ -
"corporatist mentality" ? Try socialism.
Progressive school administrators are looking for every dime they can get to fund salary increases for themselves and the teachers unions they must placate on a daily basis.

If they can make a buck every few years off an outstanding students hard work I will not put it past them to try.

There is a good argument that can be made for doing this to paid employees, like teachers. That would be a coporatist mentality. They are employees doing their jobs.

But what other motive can there be for doing this type of intellectual property grab from minors whose parents taxes fund the school system?

Except a socialist mentality that says 'you did not make that'.
Posted by Hates Idiots
Updated - 8th Feb
-3 Votes
+ -
If you were addressing the point, you might have a point
It's the elected school board that is doing this, not the "progressive school administrators".

Your entire rant fails on that inaccuracy.
Posted by NickNielsen
8th Feb
-1 Votes
+ -
Socialism
-- is the belief that a society should be organised for the benefit of all its members. Hates Idiots must hate himself. Elitism is the belief that the believer is himself of the elite. Such a person is usually mistaken. Capitalism is the belief that investing money is the key to everything. the last decade or three have experimentally proven this belief false.
Please note, I am not saying that socialism is easy to implement, nor that all the people in power who call themselves socialists are being truthful. But it turns out that for heavy and successful science, private profit cannot fail to drag in secrecy, lawyers, and wasteful duplication of effort. That's why the USA has the most expensive health care system in the industrial world, and an energy industry that is leading us to ruin.
Posted by SmartAlbert
8th Feb
+1 Vote
+ -
Name me a successful socialist country?
You cannot. The "everyone is equal" utopia you claim to be accessible is not reality.

Every socialist country eventually falls victim to the same thing. Major class divisions.

You always end up with the elitists who end up being the ruling class, and everyone else who are usually dirt poor.

It is the elitists in a socialist society who impose their will on others because they feel the know better than the poor commoners. As these elected administrators are doing.

I am far from an elitist when I ask for people to retain as theirs that which they create and are not compensated for. I would hope you support that right. Or do you support child slave labor? As I see this.

And Nick, school boards are the elected part of the school systems administration. You are referring to the unelected bureaucrats within a school administration. When the school board acts like socialist elitists imposing their will on children they are by definition administering the school system. They are not leaving the day to day operations to the bureaucrats.
Posted by Hates Idiots
11th Feb
0 Votes
+ -
Bad example!
"...Every socialist country eventually falls..."

Every country, and every form of Government, eventually falls! Your point is invalid.
Posted by michaellashinsky@...
22nd Feb
-1 Votes
+ -
No, not a corporatist mentality.
No, the school board does not have a corporatist mentality. The school board has a Democratic mentality. As in School Board to student: "You didn't make that painting/write that play/invent that invention." Just following our president's lead.
Posted by lmarks@...
8th Feb
0 Votes
+ -
I give Imarks a low grade.
It is corporations that say "We own your work." Neither democracy nor the Democratic party goes in for such theft. The Greedy Old Party probably doesn't either, but they aare funded by entities that do.
Posted by SmartAlbert
8th Feb
+2 Votes
+ -
Right...
Some here are letting themselves be confused by the structure of a school board. Most often, school boards are "elected" in the same way that local judges are "elected."

That is, they DO go through the election process, but... NO ONE in the electorate even knows who they are, and many will indeed "vote" for them on that basis. Given (it's a fact) that many Reich Wingers are purposely infiltrating school boards JUST SO that they can make "decisions" like the one that prompted this article, and thereby defund and devalue public education, this story is simply one more tick on that checklist.

In sum, the real problem is NOT the school, but the board. And the nature of the problem is caused by the below-the-radar nature of school board elections.

Start paying attention when it comes time to vote, and this will end.
Posted by Lightning Joe
10th Feb
+1 Vote
+ -
As with Nick above you are the one confusing terms.
School boards are the elected part of the school systems administration.

You are referring to the unelected bureaucrats within a school administration.

When the school board acts like socialist elitists imposing their will on children they are by definition administering the school system. They are not leaving the day to day operations to the bureaucrats
Posted by Hates Idiots
11th Feb
+15 Votes
+ -
Primary Education is Mandated
It is understandable for corporations and post secondary institutions to claim ownership of the works of employees and students, since employment and attendance is voluntary.

It seems unfair to students to lose ownership rights to their works, when attendance of an Institution of Public Education through High School is mandated by law.

One unintended consequence of the School Board's action, will be that forward thinking students will opt out of optional activities (Science Fair, Art exhibitions, Short Story submissions) and/or turn in their second best work, while saving their perceived highest valued work for private submission.
Posted by kevin.mcrae@...
7th Feb
+2 Votes
+ -
Basic education may be mandated...
...but, it fails miserably to live up to that mandate. It is no mystery that the rest of the world considers North America as populated by ignorant arrogant people with a substandard of education.

Playing devil's advocate here, what if students are exposed to the real corporate environment and learn to navigate the murky waters of such well before they are unceremoniously hurled into it to sink or swim upon leaving school? Though I seriously doubt that any such ideals have even the remotest change of such an idealistic agenda behind them. It is far more likely, that this is a testing ground for some even further restriction upon the freedoms and individualism of our youth that may manifest at a later date. plain
Posted by Kieron Seymour-Howell
8th Feb
+9 Votes
+ -
Will the schoolsystem start paying a salary to students?
Because that't the only way to make it fair.
Posted by Dukhalion
7th Feb
+5 Votes
+ -
Exactly
To take possesion of a personal work that is mandated by the school district borders on Piracy. Just because a person or entity declares they have the right to own what another has produced, does not make that right true.. The school district will be taken to court on this and will find that Intellectual property rights are being violated and will face massive lawsuits and financial payouts. Call in the NEA! Call in the ACLU! Only the lawyers will profit from this debaucle.
http://www.answers.com/topic/intellectual-property-rights
Posted by Jaytmoon
Updated - 8th Feb
0 Votes
+ -
Well, technically it happens all the time.
Just spending a few hours reading online licence agreements for various "free" services will demonstrate that such one-sided agreements are enforced all the time. All it would take is some creative legalize to draft such a contract for usage of the education system. It is truly amazing what BS some lawyers can pull off if no one is watching what they are up too. Just look at the pathetic state of corporate law these days and how many loopholes and shelters a company has that simply and utterly defies common sense!
Posted by Kieron Seymour-Howell
8th Feb
+4 Votes
+ -
You cannot be serious
It would be too distressing to go into the motivation for this outrageous edict. Censorship? Profiting from the work of others? Suppression of creativity? Is some black hat lawyer using this school district as a stalking horse for a national policy of serfdom? Congress needs examine these people under oath and change any law that may be construed to repeal the Copyright Clause of the Constitution (http://en.wikipedia.org/wiki/Copyright_Clause) so as to damp the ardor of young creators.
Posted by Wilmot McCutchen
7th Feb
+1 Vote
+ -
Serious, and even likely.
I would not put it past the sleazebags that call themselves corporate lawyers to merely come up with such things to setup job security for themselves... plain
Posted by Kieron Seymour-Howell
8th Feb
+6 Votes
+ -
That school board could take things a few steps further...
by claiming that, all future work performed by any of their former students, will belong to them, or at least, a royalty will be owed to them, since, the knowledge and experience that those students gained while going to that school system, led those students towards being creative and productive. IOW, without the knowledge that was imparted on those students, the students would not have been as creative as they turned out. So, the innovations and inventions and ideas that spring from those students, even after they leave school, will belong to the school system, or at least a royalty will be owed the system.

If the school board were allowed to get away with their insane idea, imagine how many other institutions there would be out in the private and public sector who would want to claim similar copyrights. Say, a bank lends money to an entrepreneur, and the entrepreneur becomes very successful and even creates a few innovations/inventions along the way. The bank can claim that, without the loans, the entrepreneur would not have succeeded, therefore, the ideas/innovations/inventions/creations, belong to the bank or at least a royalty is owed to the bank.

A school of journalism could, in the same manner, claim that, any journalist that graduates from their school, owes that school for any future work by that journalist, including royalties from any columns and books written, and from any fees that a journalist might collect from speaking engagements.

In fact, nobody would ever be free to do his/her work without having to consider that, some institution out there has some or a lot of control over what he/she produces.

Insanity is where the country is headed, and ruination. Who would want to send their kids to school with such barriers created that prevent creativity? Home schooling is looking better and better all the time.
Posted by adornoe
7th Feb
0 Votes
+ -
Where do you think the mentality that makes comments like...
..."You didn't build that!" possible?

As it is, a minimum of 50% of their future productivity will be seized by the state. So in a sense, they've already laid claim to most of their future work.
Posted by JohnMcGrew@...
Updated - 7th Feb
0 Votes
+ -
The worst case scenario would be that, government owns everything that
people invent or produce, since, government might claim that a lot of the infrastructure used by anyone who created or invented anything, assisted in that person's work and creations. Thus, everything would end up being the property of the state, including people's minds and whatever they produce. The would be communism at its worst.
Posted by adornoe
7th Feb
0 Votes
+ -
Oh noes!
Not the slippery slope! Not the worst case! Anything but that! And, of course, rational thought; we can't have that either.

If you really want to see what has taken the creativity out of the classroom, look no further than the school accountability movement, No Child Left Behind, and all those standardized tests.
Posted by NickNielsen
8th Feb
+11 Votes
+ -
Weak link in education system
School boards are a weak link in the American education system, often made up of idiots.
Posted by rrufa
7th Feb
+1 Vote
+ -
Local government ...
... is the place where the local voter can exert the greatest influence over the political process. Prince George's County is alarmingly close to where I live, and it is time those folk tossed everybody responsible for this monstrous invasion out on their ears. As others here have noted, the cost to Prince George's County taxpayers could be horrendous.
Posted by SmartAlbert
8th Feb
+7 Votes
+ -
copyright
This is a bright idea that wasn't thought through all the way. Biggest point to consider? This will not be a big profit windfall for the school district, it will cause them to spend a small, or large fortune on court cases over MANY years. Great for law firms, bad for the local tax-payers. Plus, isn't anything paid for by tax-payers supposed to be 'public domain'? Also, how will private schools take this and run with it? Sounds like a whole new can of worms!
Posted by garyfizer@...
7th Feb
+5 Votes
+ -
Of course,
most of the junk produced by students will never become a
moneymaker, but anything successful will be the target for
theft by schools.
Posted by bill1514@...
Updated - 8th Feb
+4 Votes
+ -
The question is who is the employee, and who is the client.
I can see that a teacher, as an employee, would have things they create at work be considered as (the employer,) the school's. On the other hand, I see parents and their charges, as customers. They pay, throught taxes and levys, for the schools, staff, and supplies. If you paid for, and took a class. And the instructor helped you learn to paint, or write a story; would you think it right that they would claim ownership of your work?
If they take this position, is only a matter of time until some student, that has a parent that has money, or is an attorney, has their parent decide to challenge this; and it won't stand long after that.
Posted by Rick_hayward99037
7th Feb
+12 Votes
+ -
Twisted
The student is given a writing assignment and must complete it to get a passing grade.
They complete it and receive the grade. They cannot refuse and get a grade.
They are in school as required by law.
The school board claims ownership of what they write. In doing so the school board is giving it value.
The student was forced to produce something of value but they are not compensated for it.
That is slavery, of children.
When this one hits the court room I hope the school board members are included as individuals and get stuck for the students legal fees.
Posted by lars626
7th Feb
-2 Votes
+ -
Au contraire....
The student is paid by the education and knowledge they receive. Since knowledge is power, then it is valuable, and it can be considered payment. As a direct result of that knowledge, the student will continue on and make a living.

The only ones who will be exempt, for now, are the home schooled and the self-educated. That is until they think up a way of taxing knowledge and experience directly.

Although it may go the other way. If the population pays the taxes, and thus owns the school it means the end result is that ALL work, knowledge and resources are the property of the people. and not that of the government.

happy
Posted by Kieron Seymour-Howell
8th Feb
0 Votes
+ -
Public Domain
Kieron S-H, this may be an argument for public domain, but not for salable IP. Besides, a copyleft license issued by the person whose work it is, is better. It says you may without license fees use the work, share it, be paid for the trouble of making copies, and even improve upon it. But any distribution based upon it, in the copyright sense of "derived work", must carry the same license.
Posted by SmartAlbert
8th Feb
Join the conversation
Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]

Join the SmartPlanet community and join the conversation! Signing up is fast and free. Don't wait -- we want to hear your opinion!