[Clayart] Bad pots
vpitelka at dtccom.net
Thu Oct 27 18:17:40 EDT 2016
Hi Randall -
No, that's not true at all, and whoever you spoke to was mistaken. Written works, fiction or non-fiction, and creative works of art or music are the property of the writer or artist, no matter whose computer they are written on or whose office or studio they are created in, and any court of law will back that up. To do otherwise would be completely counterproductive for any college or university, because just the publishing of such volumes or exhibiting of the artwork attracts attention to the college or university and serves as a valuable publicity and recruitment tool. On the other hand, inventions in science, engineering, and information technology involve huge resources on the part of the college or university, and thus they are justified in expecting a big share of any payoff.
Appalachian Center for Craft
Tennessee Tech University
vpitelka at dtccom.net
From: Clayart [mailto:clayart-bounces at lists.clayartworld.com] On Behalf Of Randall Moody
Sent: Thursday, October 27, 2016 3:06 PM
To: Clayart international pottery discussion forum <clayart at lists.clayartworld.com>
Subject: Re: [Clayart] Bad pots
This is not from what I have read and been directly told by lawyers at three universities who deal directly with intellectual property for their universities. From what they have told me, for instance, if a creative writing professor uses his office computer and "open office hours" to write a novel, it is possible for the university to claim ownership of that novel. If, however, he creates the novel on his own time then no they can't. But again it really depends on the university. I would guess that it wouldn't come up in the instance of an art professor's work due to the university probably wouldn't make as much money off it as opposed to someone who invented the latest hot app or new/better computer chip.
In the instance of the student most, if not all, work would be created on the universities time using the universities materials and facilities so it is entirely possible for the university and the instructor to do as he or she pleases with the work. Granted it is an arse move to break a student's work simply because one finds it aesthetically lacking but legally the student doesn't have much standing. (or at least didn't until the recent spate of "safe space" nonsense.)
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