My professor recently published a large portion of an essay I wrote for her class in a major, American newspaper without my consent. The article did credit my name and, as far as understand, I was not harmed by the publication. However, by submitting that assignment, did I transfer the copyright to her?
2007-09-20 14:23:11 · 9 answers · asked by Alex 2 in Politics & Government ➔ Law & Ethics
That depends on the jurisdiction.
The US has "fair use" laws which allow, in some situations, a person to copy another's material without consent. I am not particularly aware of fair use laws, so I would suggest researching it if you are an American.
"Fair dealing" exists in other common law countries. This is more strict and is limited to things like criticism of work or satire. In Canada, the Supreme Court has set out six criteria that evaluate whether fair dealing applies from CCH Canadian v. LSUC.
In Civil Law jurisdictions, the defenses are different from both fair use and fair dealing. I am not familiar with the Civil Code, either, I'm afraid.
You should go in and speak to the departmental supervisor, if you have already expressed concerns to the professor. Even if there is a legal defense, it is not ethically acceptable for a professor to copy a student's work without consent. You may also have recourse through your university's Legal Aid clinic. If your university has a law faculty, you probably have a student legal aid clinic. You should also write a letter to your faculty's dean with your concerns. However, make sure you did not give copyright over, even accidentally (for instance, Turnitin.com reserves the right to keep copies of your work upon registration for the site, and some schools have consent forms for submission of written work).
Good luck. I hope you can sort this out peacefully with the professor.
2007-09-20 14:34:37 · answer #1 · answered by drusillaslittleboot 6 · 2⤊ 0⤋
Celebrities have publists that do have permission to publish the celebrity's photos, while those making money off of celebrities like the papartzii, they say they represent the press, even though they are totally freelance. Freelance photographers have their own equipment and have the right to sell whatever photographs they can get. Newspapers will buy photographs from freelance photographers so they don't have to have a whole lot of photographers on staff. A freelance photographer can move more freely than a staff photographer. The only type of photos that need consent to publish is ones that might be considered copyrighted. A freelance photographer cannot print a photograph that has already been printed by someone else. I have photographs that I took of David Carradine while up at the Omega Institute and at other workshops that he's done. Those are mine. I could have taken them and tried to sell them to a magazine, but if I did that I would give up all rights to those photographs, but I am not trying to make money. The photographs that freelance photographers, especially the paparatzii are trying to get that one shot, that compromising shot that will be considered news worthy, even though it's unfair to the celebrity, scandal and embarrassing photographs "caught in the act" makes the celebrities appear more human, but what it does is shows how stupid celebrities can be. The thing is, when young people, especially teenagers who admire celebrities see these things, they think it's okay to be doing the same thing because the celebrities do it and they can get away with it. But in truth, they can't. Celebrities who are caught doing something illegal or caught in a compromising position, need to realize if they don't want paparatzii photographers to make money off of them, they need to clean up their acts and leave a "boring life." (@ AJCrane
2016-05-19 21:46:18 · answer #2 · answered by ? 3 · 0⤊ 0⤋
As long as there was proper attibution to your work, there was no violation of copyright. However, most school districts will not publish a student's work unless they have permission to publish documents signed and on file. You or probably more likely your parents may have signed such a document and forgotten about it.
In the school district where my wife works, they routinely have parents sign permission to publish documents before they will publish anything or even upload copies of students literary works to the internet.
Check with your school district to see what their policy is on publication of students work.
2007-09-20 16:28:48 · answer #3 · answered by Mark 7 · 1⤊ 0⤋
Come on! I'd be flattered that a prof thought so highly of my work he had it published and gave me credit for it.
What copyright? Did you apply for and get a copyright??? That wasn't exactly a Time magazine editorial,was it?
2007-09-20 14:35:04 · answer #4 · answered by Barry auh2o 7 · 1⤊ 5⤋
So long as you were credited I doubt they have a legal issue and doubt you have a legal claim.
2007-09-20 14:28:25 · answer #5 · answered by netjr 6 · 2⤊ 1⤋
Get a lawyer. That prof owes you $$$.
2007-09-20 14:27:58 · answer #6 · answered by Anonymous · 1⤊ 1⤋
unless your porf made money off of it, I doubt there's much you can do. But if she did make money off of it, then you've got yourself a case.
2007-09-20 14:30:52 · answer #7 · answered by d962831 3 · 2⤊ 0⤋
The prof is guilty of plagiarism!!!
2007-09-20 14:37:37 · answer #8 · answered by Monk 4 · 2⤊ 3⤋
sue her!!! she has to have your permission to publish anything that you turn in.
2007-09-20 14:32:23 · answer #9 · answered by Anonymous · 1⤊ 1⤋