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Can your work be ripped off by your school? READ this!

Discussion in 'Supply teaching' started by BigD, Jan 17, 2005.

  1. The issue has been raised regarding the intellectual property rights of materials produces by teachers in schools.

    After having discussed this matter with the relevant Governmental body and with the Legal team for an LEA, I can now provide you with the correct legal position on this matter.

    1. If you are employed by a school, material that you produce will automatically become the intellectual property of the school unless:

    a. The material was produced before taking up employment

    b. The material was produced outside of working hours and contractual duties and for another purpose.

    2. If you are commissioned by a school as a freelance person, you keep the copyright.

    3. If you are not employed by the school, ( ie a student) then it is likely that the school would have difficulty in claiming intellectual property because you are not employed by them.

    Advice:

    Before producing anything for an establishment that you are employed by, negotiate copyright terms in advance. You can claim a significant part of the ownership.

     
  2. The issue has been raised regarding the intellectual property rights of materials produces by teachers in schools.

    After having discussed this matter with the relevant Governmental body and with the Legal team for an LEA, I can now provide you with the correct legal position on this matter.

    1. If you are employed by a school, material that you produce will automatically become the intellectual property of the school unless:

    a. The material was produced before taking up employment

    b. The material was produced outside of working hours and contractual duties and for another purpose.

    2. If you are commissioned by a school as a freelance person, you keep the copyright.

    3. If you are not employed by the school, ( ie a student) then it is likely that the school would have difficulty in claiming intellectual property because you are not employed by them.

    Advice:

    Before producing anything for an establishment that you are employed by, negotiate copyright terms in advance. You can claim a significant part of the ownership.

     
  3. Not to sound too cynical, but don't we all pinch each others ideas? Share and share a like I say!

    :)
     
  4. Depends how much work you put into something.
     
  5. Let's get this thread going again!

    How does the OP affect supply teachers specifically?

    Has anyone been ordered by their agency (who is after all their employer) to hand over material produced during their time at a school (who is after all one of their agency's clients)?

    Has anyone used the OP's argument that the school/agency is not entitled to material produced before they commenced employment with the agency/school?

    Has anyone encountered an agency that gets employees to sign a intellectual property clause for material produced during their employment?

    This might be tricky to prove though as supply teachers tend to work for multiple agencies/schools.

    Has anyone been brave enough to get an agreement regarding intellectual property in writing prior to starting a contract/long term supply with an agency? How about a government or private school teaching job that they have secured without an agency's help? If so, were your negotiations successful?

    I know their are obvious financial considerations if we refuse a 'request' by an agency/school but I would be interested in getting some replies particularly with how intellectual property laws could be applied to long term supply and agency contract work.

    Thanks in advance.
     
  6. I also read another post (I can't remember where) that argued that schools could only demand to see lesson outlines at any time. Does this mean that in practice teachers can humour the school by providing the school with the lesson plan but retaining any detailed notes that they have made on the topic (which they would use in conjunction with the lesson plan to deliever a lesson?
     
  7. bumping it up!
     
  8. This is interesting, I always assumed that it belonged to both yourself and the school you were working for.
    I did some work last year creating interactive learning resources for the LEA, in return, the school got money.
    I made sure that my name was on all of it as well as the schools but assumed that I would have nothing else to do with it once i left the school.
    Now the company has got back in touch with me to see if I still want to access the materials and work with them independently of the school.
     
  9. delnon

    delnon Lead commenter

    If we're talking about work made using a matrix program in Microsoft Office for example, then it's a densely-planted minefield. If you made the matrix at home for genral purposes, than in theory it's yours; but if you made it at school, then theoretically it's theirs. But if you made it at home and adapted it at school.. or made it at school and adapted it at home...or made it at a previous school and brought it to your new post... it's been a grey area for a long time, and it would require a Head of Govian incompetence to try to force the issue. Most people work on the principle of collegiate self-advancement and just let it be unless you blatantly rip-off someone else's work.
    None of the above applies to politics, of course.
     

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