Re: copyright in student work

From: Buford Terrell <terrell[_at_]gateway.stcl.edu>
Date: Thu, 15 May 1997 10:36:55 -0500

On 5/14/97, Steve Jamar <sjamar[_at_]law.howard.edu> wrote:
>
> Angela M. Klueber <amzimm01[_at_]homer.louisville.edu> wrote:
> >
> > I apologize if this has been asked before. Please respond to me
> > privately if it has. I know someone who wrote something for a class
> > and got an A on it. The next semester, the professor included this
> > work in a course pack for his next class, without consulting the author
> > (his previous student). She found out about it by accident and was
> > upset that he used her work without asking permission. Does she have
> > any recourse or was that within his rights as the instructor the work
> > was turned in to? Thanks for your help.
>
> The paper is copyrighted by the student - fixed in a tangible medium
> of expression. Use or reproduction of the work in an unauthorized way
> would violate the copyright. The professor can probably, as a matter
> of copyright law (not contract or ethics, etc.) rely on the first sale
> doctrine to use the paper pretty much howsoever she wishes - but just
> to the same extent one can use a book or magazine article. One owns
> the copy, not the copyright.
>
> So, the instructor would need to rely on implied license - a question of
> fact dependent on the particulars of the case or fair use.
>
> In general, I would suggest the teacher not use anything without
> permission. In my syllabus for my courses I disclose the range of likely
> uses of papers and so perhaps create a contract - students can drop the
> course if they do not like my terms. The normal use for papers is to use
> portions in class that semester (if the course is about writing and the
> paper will be a good teaching tool), or to put the better ones on reserve
> for the next semester students to have as models. In the latter case I
> always obtain permission in addition to the disclosure in my syllabus.
> Copyright aside, it seems like the more professional, fair, respectful
> thing to do.

In my seminars I now "require" a cover page that includes a signed copyright license allowing me certain uses of the paper. The "required" is in quotes, because if a student refuses to include this license, I let him thurn the paper in anyway. I do this because I have had a policy of placing copies of all papers in the library and plan to start putting them up on a web site as well (if a student refuses to sign, his paper will be omitted).

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Buford C. Terrell                           CAUTION:
Professor of Law                            Objects in your
South Texas College of Law                  future
1303 San Jacinto                            are closer than
Houston, Texas 77002                        they appear!

(713)646-1857
terrell[_at_]stcl.edu Received on Thu May 15 1997 - 15:41:49 GMT