Legal Question in Intellectual Property in Virginia

can a fine arts masters level professor claim complete autonomy and copyright over the entire class of drawing students teacher directed performance. [i.e. draw this draw that u cant publish it, i own it!!!]

I have completed an LL.M. but no matter the analysis I can not come up with a definitive answer. I was sent a take down notice by my own M.FA. drawing instructor saying that the results of anything created in class directed study be long to her, not the university or anyone else. I know this is poo doo but it becomes convoluted and overlapping when trying to find case and citation. I am required to respond so I want to find revelant case and or statutory authority as these are my creations and sketch books created by class syllabi /notes/ and lectures.


Asked on 5/17/10, 6:40 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

I think the shoe is on the other foot. If you created a drawing, it is yours. You are not going to find a case citation to something preposterous. The instructor would need to show you some legal authority why the instructor has any legal rights in what you draw.

Now, picking a fight wiht your instructor before you get a final grade and finish your program may create other problems for you.

But legally, I don't think there is any legal right of an instructor in any thing you draw.

The idea that the instructor "directed" you in drawing the work I think means absolutely nothing legally.

Since you are not an employee of the university, and certainly not of the instructor, the directions in how or what to draw are only suggestions legally. The instructor cannot force you to follow those directions. So the law woudl view them only as suggestions.

The only exception to this would be a "work for hire" -- that is, something you do for your employer. But neither the university nor the instructor are your "employer."

There is no legal basis for claiming that a student's work belogns to either the university or to the teacher.

Remember: FedEx was created from a student thesis that Fred Smith wrote in business school. Clearly, neither the university nor the business school teacher are the owners of FedEx.

It would certainly belong to the university before it belongs to the instructor.

Perhaps you should contact the university to clarify this. I think they may have a difference of opinion with the instructor.

HOWEVER, if you have signed some agreement with the university, then of course you need to pay attention to that agreement. But that would be separate from the law in general.

You should also look for any university policies. I think the policies would be legally questionable if they take away your rights to what you create, but you should check into them.

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Answered on 5/22/10, 1:32 pm


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