State owns student & teachers work

Posted by: MrB

State owns student & teachers work - 02/12/13 01:09 PM

http://www.foxnews.com/politics/2013/02/...backlash-legal/

I haven't even thought about this in the years I taught, working all hours of the night at home creating material for my students. I just assumed it belonged to me. I rarely ever used any school supplies in doing this.

It's enough the freaking school district owns our sweat . They own the results of that sweat also?

Same with the students?

Hmmph

Dave
Posted by: NucleusG4

Re: State owns student & teachers work - 02/12/13 05:44 PM

Is Fox the only one reporting this?
Posted by: carp

Re: State owns student & teachers work - 02/12/13 05:53 PM

"Works created by employees and/or students specifically for use by the Prince George's County Public School or a specific school or department within PGCPS, are properties of the Board of Education

Makes sense to me. Colleges have had that policy for a long time now.
Posted by: DLC

Re: State owns student & teachers work - 02/12/13 07:35 PM

Most colleges SHARE the rewards. Profs get a cut !

Well I say let them prove it ! If I did it at home on MY time -- you can wrestle it from my cold dead hands- MoFos ! grin
Posted by: MrB

Re: State owns student & teachers work - 02/12/13 07:51 PM

I didn't see it any other place. But it was oneof those side bar links that are present on the news channel sites, so not a big media storm.
I happened to see it there as I skimmed the news sites

Dave
Posted by: carp

Re: State owns student & teachers work - 02/12/13 08:03 PM

Well it is simple.

If you used (schools) materials and school time (on or off time) - yes the school should get a cut.

Keywords being = school materials and or (made) for the school to use.

I remember a case where the UH of Hawaii sued a student over patents to the tune of 11 million bucks. This was bacause they could prove a student did creat a patent under school time (lab work) and with his professor education <- no school materials were used.

The court decided that the lab work = using the schools equipment was indeed schools (material) and thus sided with the school.
Posted by: MrB

Re: State owns student & teachers work - 02/12/13 08:14 PM

Though I created many materials to use in my classes, almost all of them could have been used by many math instructors. Many were quite effective, . I never attempted to profit from them.

There were materials available for use in mth classes created by other math instructors. I personally don't see why my district should claim ownership of material that was not required of me and that I created on my own time not at school, using no school resources.

In fact, I supplemented the supplies of the school out of my pocket. Numerous calculators and geometric instruments I purchased for my classes to use.

I gave a lot to that district. Back in fall of 1994, my personal 7200 Mac with personnel laser printer and CD burner was stolen out of my locked class room. The culprits knew exactly which room to rob as the two neighboring classrooms, accessible from my room , were not touched. One had a Mac classic in it. The culprits had a key to the building and a master key to the classrooms.

The police did nothing to apprehend the mutts nor did the school. In fact, I was shown the policy where the schools insurance had a $5,000 deductible. Which covered most of it . Not only that, I was pretty much told that it was my own fault for having my own computer at school.
Figured they stole about $6,500 that Friday night. They also took a wonderful Sony Boombox and about 15 CDs of mine.
Dave
Posted by: MrB

Re: State owns student & teachers work - 02/12/13 08:21 PM

I could see that if the work was done at school whether during school time or before or after school time.

Materials created at home not using schools equipment I say doesn't belong to school even if the created materials were used at school. In fact, if the school used the teachers material they should pay the teacher. Now, I don't expect that to happen.

Dave
Posted by: carp

Re: State owns student & teachers work - 02/12/13 08:38 PM

Dave,

It is your education as well, that will contribute to a patent dispute. As mentioned.

Best practice for a student is to wait until they graduate . Unless of course they want to give back to the school , for their education? ?
Posted by: steveg

Re: State owns student & teachers work - 02/13/13 04:05 AM

Not unlike the issue of intellectual property and the results of contracted work on the corporate side. Who really owns it?

I got a letter from an attorney for the Ft. Lauderdale ad agency I worked for a few months after I had left to hang out my own shingle. This shop was paranoid a/b former employees, and they noticed that I had included work for a couple of their clients on my own website, and had listed them on my Clients page.

As a show of good faith, I offered to add an asterisk and mouse-type disclaimer stating that the work was on behalf of "another agency", but that since I was the author of that work, I had every right to include it in my online portfolio.

I never got a response, and I never added the disclaimers. Screw 'em!
Posted by: yoyo52

Re: State owns student & teachers work - 02/13/13 06:22 AM

I create a lot of stuff or my classes. That stuff belongs to me. The copyright of articles I write and publish are owned by the journal in which they appear, but conference papers and other such presentations . . . they're mine.
Posted by: carp

Re: State owns student & teachers work - 02/13/13 06:10 PM

I agree its a sticky slope.

The UH of Hawaii sued 1 student over a 11 million dollar patent dispute.

My understanding was the student did not use school materials or on school time , however he did use his professor as a (question and answer man) - plus his course of study was directly related to his invention. They settled on a 50 , 50 split.

The UH does have pant loads of student patents in the schools name.
Posted by: DLC

Re: State owns student & teachers work - 02/13/13 07:14 PM

Excuse me... if I did it at home - the school does NOT own my time except the 40 hours I am there. (If they do, then pay me for 168 hours / week :-P ) YES I do some of their work at home- BUT how do you distinguish what's on MY time at home and my donated time to them at home? IF I used some of their facilities or equipment (even the Library) - then yes- that's theirs; but if I don't, they don't own me and 100% of my time.

However most schools are generous and give you a % of the royalties. Plus they cover patent costs and maintenance of those legal documents which are expensive (they have to be maintained each year.) So it's worth it to let them handle it.
Posted by: carp

Re: State owns student & teachers work - 02/13/13 08:08 PM

Might be something about since the school paid for most of their education <- anything derived from that belongs to the school , if they were at school at that time.

I think they call that a admissions contract ? ?
Posted by: MrB

Re: State owns student & teachers work - 02/13/13 08:47 PM

I believe most teachers work on a salary not an hourly wage. Teachers are rather expected to work at home. So I suppose the school believes they own the poor sap.

Dave