Don't Copyright Me launches to protect US schoolkids' homework ...

A nonprofit that has developed online campaigns in the fight against Acta and Pipa has launched a petition called Don't Copyright Me, a response to a US school board's attempt to claim ownership over its students' and teachers' work.

Fight for the Future, which says it is "dedicated to protecting and expanding the internet's transformative power in our lives by creating civic campaigns [while] beating back attempts to limit our basic rights and freedoms", launched the campaign as part of its Centre for Rights project, which has worked on sites for the Internet Defense League and promoted a Kill Acta campaign.

This time around, it's stepping in in defense of schoolchildren at risk of having their essays and fingerpaintings seized under proposed copyright changes by Prince George's County Board of Education in Maryland -- a proposal that would provide schoolchildren with the biggest motivation they've ever had not to do their schoolwork.

"Corporations are constantly attempting to undermine Fair Use standards that help make educational materials affordable especially for less affluent schools and universities," reads the Don't Copyright Me site. "Forcing copyright on the work that students and teachers produce will only stifle creativity and innovation in the classroom... Copyright is getting out of control... With this policy, a high school student could get a takedown notice from their own school for posting a video they made for class on YouTube."

The proposal stemmed from an Apple presentation attended by Board Chair Verjeana Jacobs and Vice Chair Carolyn Boston, reports the Washington Post. The two listened to ideas for creating curricula using iPad apps. Thinking potential (and possibly profitable) work could come out of this, the Board attempted to redefine exactly what work done by teachers belongs to the school, particularly when using school property. For this reason, it has been suggested the attempt to claim ownership is driven by the sight of looming dollar signs.

"I think it's just the district saying, 'If there is some brilliant idea that one of our teachers comes up with, we want be in on that. Not only be in on that, but to have it all,'" Kevin Welner, a professor at the National Education Policy Centre at the University of Colorado, told the Washington Post, arguing that secondhand teacher plans are now big business online. "In the brave new world of software development, there might be more opportunity to be creative in ways that could reach beyond that specific teacher's classroom."

While the board mulled over its policy tweaks, however, it decided to also include unsuspecting schoolchildren in it. It was apparently designed to tidy up the rules in the face of a growing use of technology in the classroom, but the wording says otherwise. It reads:

"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 the 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."

"It would hurt the students most," Evan Greer, campaign manager for Fight for the Future told Wired.co.uk. "It makes teachers question if they should use their best, most creative teaching methods in a Maryland classroom. It also teaches students to think that their creations don't belong to them? Most public school systems dictate curriculum from the top-down, so it seems like such a weird power grab to try and own anything created by the teachers and students."

The proposal was approved for consideration by a vote of eight to one, but following the controversy it's been delayed and during this period it could hopefully be amended before approval -- if the Board concedes to the veritable public outrage.

Claiming intellectual property rights over creative work in this way is pretty standard when it comes to an employer-employee relationship, and it's one that is already in place in Maryland county. The student is not, however, an employee of the Board and according to Jane Ginsburg, professor of Literary and Artistic Property Law at Columbia Law School, there is little legal basis (and no precedent) with which to target them.

"For teachers, the copyright law 'works for hire' doctrine vests in employers the copyright in works created by employees as part of their employment," she told Wired.co.uk. "So lesson plans for classes taught at the school, for example, probably already belong to the school. For work whose copyright initially vests in its creator, there's no transfer of copyright without a written agreement signed by the author and I don't know that school children have the legal capacity to enter into enforceable contracts."

The student would need to expressly give their consent to the IP exchange, something a minor is likely unable to do.

"It is happening more and more frequently at the University level," Greer said. "The good news is that there is also a growing trend of higher education institutions letting course materials and student creations enter the public domain, for instance, the MIT OpenCourseWare project. So at least some institutions recognise that they can't rightfully own the intellectual property of their students and teachers."

Ginsburg says that she has never heard of a case like this involving schoolchildren. For teachers, however, the question of ownership of work has been debated in the US over the years.

"It's a matter of occasional controversy, particularly at the university level where the tradition (inherited from the Brits) has long been that professors own the copyright in their lectures and writings."

When it comes to the clause stating the work is the Board's property, "even if created on the employee's or student's time and with the use of their materials," Ginsburg says: "If the work was created by an employee outside the scope of her employment, it's not 'work for hire' and the employer has no ownership interest if absent of a signed written contract from the teacher. Of course, there may be some dispute about what's within the scope of employment."

When Wired.co.uk approached the school board for comment, spokesperson Briant Coleman responded: "We apologise for any confusion that may have been caused by a recent article published by the Washington Post regarding a 'draft' copyright policy that we are currently developing in preparation for our implementation of the new Common Core Standards. The article does not accurately portray the intent of the 'draft' policy. Please know that we would never try to impede on the creativity of our students, teachers and employees. In fact we encourage it. The policy is currently on hold and under legal review until further notice."

It seems odd that the Board could overlook an elephant in the room so big as claiming ownership of an essay, painting or piece of creative writing. Centre for Rights, which usually spends its time combating the threats to copyright law posed by Sopa, Pipa and alike, has stepped in here in light of the threat being made at the grassroot levels to creativity, and freedom of creativity it supports.

"We truly hope that the Prince George's County Board of Education chooses to do the right thing here," says Greer. "We're glad that the policy has been tabled for now, but we'd like to hear the Board make a public statement that they would never adopt such an unfair policy that clearly violates students' and teachers' rights. We know that they want what's best for their kids education, and copyright is not the answer.

"People who support public education should be actively working to reform copyright laws. Our nation's copyright system is broken and is being used to attack creativity, innovation, and fair use of materials in the classroom. Rather than jumping on the copyright bandwagon, School Boards everywhere should join the fight for copyright reform and freedom of expression."

You can sign the Don't Copyright Me petition, which has already received 1,500 signatures from Maryland residents, now.

Source: http://www.wired.co.uk/news/archive/2013-02/12/school-copyrights-students-work

doug fister rick warren the perfect storm hard boiled eggs mickelson how to tie a tie sweet potato recipes