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Re: Teachers and I.P.
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Posted by M. Arthur Auslander on January 14, 2000 at 06:41:06:
In Reply to: Teachers and I.P. posted by G. Finnell on January 13, 2000 at 19:10:04:
: I'm wondering if anyone can help clear this up.
: I am a teacher, and our district systems administrator
: has a problem with power. He has written a technology
: policy in which he states that any and all documents
: produced by any staff member on a district computer
: automatically becomes the property of the school
: district. This is not a stipulation of my, or anyone
: else's contract, that what I write becomes district
: property. I don't believe that this is legal.
: Is there any backing for my position that I can
: present to the school board?
The situation is complex. The employment contract and state and local law may apply here. If what is done on the school computer is not school business, then there may be some claim of right. It is not a good idea to use the school computer for personal reasons. If you were to disclose an invention, that writing might destroy international rights in the invention. Basically is looks as if there is overreaching by the administrator but each situation may have different legal impact.
M. Arthur Auslander
E arly L egal A dvice I s N ot E xpensive
ELAINE's Workshop (sm):
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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