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Tell me if this is ethical

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  • Tell me if this is ethical

    For a professor to take a students work and try and sell it as theres. On top of that to steal pages of a sketchbook and make it there ideas. Also is it legal and right to retake those sketches and paintings if it has been stolen before hand. The reason I started this page is because my mother as a student did incredible work but most (if not all) of her student work was stolen by the professor and is now hanging on his wall. On top of that when she did start painting she had offers for some that reached up to 10,000 dollors at the least. Those however were lost in a mover hiest. If it is possible, Id like to know what laws stipulate for someone to reclaim an artwork that was unrightfully stolen.

  • #2
    As I understand it (and I'm sure Adam will chime in on this) all work done "in class for a class" belongs to the student... but the person who taught the class has limited rights to it, under the "Fair Use" policy.

    I did a quick search on Google (did a search using "student work" rights legal) that yielded some results that were pretty informative. I suggest you do the same, but here's one of the articles I found on it:

    ‎"Give me $50 worth. Just drive."

    Twitter: @ProfClayton & @cgauiw || Facebook: www.facebook.com/ProfClayton || CGAUIW Facebook Group! || CGAUIW Flickr Page || ProfClayton's Vimeo Page

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    • #3
      Mike's right; however many universities maintain that work done in class for class legally belongs to the university. Strange but true.

      In fact, on our campus, some departments (like the Interior Design department) does not return any work to their students. It is assumed that once it is turned in, it then belongs to the department.

      In our department, since the work is digital; we always return the work to the students, although we keep a digital form generally to show on the website or for other promotional purposes (assuming its a good project).

      A professor keeping and displaying student work (turned in for class) is indeed a fair use. A professor claiming that the work is theirs is both unethical and illegal.

      Legally, I think your mom would have a very tough battle getting that stuff back (assuming it was turned in as a class assignment) if the professor wasn't claiming it the results of his own labors.

      The same strain often happens for professors. Many universities have tried to lay claim on research work that a professor has done - claiming that it belongs to them. In many cases the universities have won and then are able to lay claim on a portion of the royalties.

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      • #4
        Thats understandable adam, but this is a case of being illegal. Apparently what happened is after the course my mom spoke to the professor alot and did more refinments of her work so she could sell him. The fraud decided to ask her to take a look at them. Well years down the line the professor then bassically stole them from her and never returned them EVEN WHEN they were not class art projects . So Id assume that this gives her grounds to obtain the work again since they were refiened and therfore not class work. But thats a minor part of this. The main ordeal is the other oil paintings that have gone for an outstanding amount of money. How would she go about tracking them/ obtaining them when she actually has proof of evidence that they were hers. Btw it is also discovered that the proffesor claims it as his btw.

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        • #5
          Originally posted by OptimusDinkus
          Thats understandable adam, but this is a case of being illegal. Apparently what happened is after the course my mom spoke to the professor alot and did more refinments of her work so she could sell him. The fraud decided to ask her to take a look at them. Well years down the line the professor then bassically stole them from her and never returned them EVEN WHEN they were not class art projects . So Id assume that this gives her grounds to obtain the work again since they were refiened and therfore not class work. But thats a minor part of this. The main ordeal is the other oil paintings that have gone for an outstanding amount of money. How would she go about tracking them/ obtaining them when she actually has proof of evidence that they were hers. Btw it is also discovered that the proffesor claims it as his btw.
          Well unfortunately, there are a couple of problems. Possession is 9/10ths of the law. If she turned over the originals with no written agreement, he can always argue that she either did turn them in for class projects, gave them to him willingly, or that he paid her. Unfortunately, it appears as though she just wasn't very business savvy at the time.

          As for the other paintings; well, if she truly has proof that they were hers and the people who currently have them have no proof of where they got them, she might have a case. However, by the time she pays the lawyers, private investigators, and court fees; it might be cheaper and more worth her time to simply create other works.

          In either case; neither Mike nor I are legal experts. If she really has grounds for her case, you shouldn't be providing any sort of public forum or information on the case (like these forums - they can be used as evidence of public slander or evidence against your case in a court); she should be talking to an attorney.

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          • #6
            Well she doesnt really want to press charges on anything since its hard to pin point where these pieces are, but maybe in the future, we should see I guess. Aside that this would probably take place long after Ive graduated the university. Still thanks for posting guys

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