Question

Topic: Copywriting

Using Student Art/creations For Web/promotions

Posted by k.pohlman on 6/14/2012 at 11:02 AM ET 500 Points
I know that there are Fair Use Guidelines for using student art/creations for educational materials but am sketchy on promotional use.

In this case, I'm more concerned about illustrations and photography created by college students. The pieces are not copyrighted and will be sourced, but what are my legal obligations?

I'm currently working on a website update in which I'd like to show what some of our students have created and need to move fairly quickly, hence the importance.

Thanks in advance!
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RESPONSES

  • Posted by Gary Bloomer on 6/14/2012 at 1:08 PM Accepted
    Here's the US Government's take on Fair Use:
    https://www.copyright.gov/fls/fl102.html

    As for student work not being copyrighted, I think you'll find these pieces of work are protected by copyright—as they would be if they were non-student pieces: copyright is copyright.

    Unless each student has signed a release form or some kind of contract, effectively handing over all copyrights of the work they have produced using the school's equipment and facilities to the school of college in question, I think you'll find that the copyright—that is, the rights of anyone else to reproduce that piece of work—remain the sole intellectual property of the student in question.

    Read more here:

    https://clancco.com/wp/2012/05/who-owns-the-copyright-to-a-students-artwork...

    ... and here:

    https://www.jdsupra.com/post/documentViewer.aspx?fid=7608d97c-af56-493b-bd2...
  • Posted by Gary Bloomer on 6/14/2012 at 1:12 PM Member
    ... to cover yourself, if there is NO contract or sign-over from the students in question to the school—essentially waiving all rights to reproduction on the parts of individual students, you will, in all likelihood, need to get written permission to use each piece of work from each student.

    When in doubt, CYA ... and it might not hurt to have the school's counsel chip in their two cents' worth either.
  • Posted by k.pohlman on 6/14/2012 at 1:57 PM Author
    Thanks Gary!

    A lot of great information.
  • Posted by k.pohlman on 6/14/2012 at 2:33 PM Author
    I hate to close this early but hate it even more when people let the questions go and don't award points.

    Thanks again Gary, this was very helpful!
  • Posted by myronsarah on 6/15/2012 at 3:53 AM Accepted
    https://creativefan.com/art-websites-portfolio-websites/
    THIS LINK WILL HELP U TO PROMOTE THE ART ONLINE THAT ALSO IN 20 WAYS
    https://mashable.com/2007/09/19/artists-toolbox/
    THROUGH THIS LINK U WILL BE ABLE TO PROMOTE UR ART IN DIFFERENT PLACES
  • Posted by Peter (henna gaijin) on 6/15/2012 at 11:16 PM Accepted
    I agree with Gary - when any art is made, it is copyrighted. Just because it was made by a student does not remove the copyright.,

    If it is classwork and the class had some change to the copyright that the student agreed to when they joined, then you need to refer to whatever the change was for the class (there should be a signed document). That would tell you what you need to know.

    Fair use guidelines are more related to professional type work being used by students. Should not relate to student work being used by professionals.
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