Facing ethical yearbook issues? Some thoughts
by Mary Kay Downes
The very nature of a yearbook being the permanent record of the year presents numerous issues which primarily have to do with the permanency of the book. Yearbooks live forever! Often yearbooks are viewed as a public relations tool of the school, and the administration and/or community are reluctant to have any coverage at all which they would deem not supporting a pristine image of the institution.
This leads to self-censorship at best, and prior review or restraint at worst, as well as a myriad of other problems
Yearbook is a paid product compared to regular student media. We have an audience to satisfy, and because of this, we must considering their wants/needs differently than we do with a news website or news magazine because we want them to buy the book to pay the bill and be self-sustaining.
Although we absolutely don’t want to compromise journalism standards just to get students to buy the book, yearbook students are still obligated to cover everything, with accuracy and integrity, even as they’re trying to create a product people want to purchase.
Read MoreWho owns student-produced content?
Scenario: Student journalists have just completed their first converged media assignments and are just about ready for publication across the various platforms. Several indicate they think their work is good enough to share with other groups.Can they legally or ethically do that with repercussion?
By Mark Goodman
The question of who owns the copyright of work created for scholastic media is complex, but at some point, advisers need to answer that question. The sooner that is decided, the better for all.
One thing for certain, Mark Goodman, former executive director of the Student Press Law Center and current Knight Chair in Scholastic Journalism at Kent State University, said it is almost impossible for a school to claim copyright in the works students create.
“Absent a written assignment of rights signed by both student and parent (if the student is a minor),” Goodman said, “students retain the copyright to works they create.”
That’s not because public schools can’t own copyright, he said, it’s because students are not employees and the works they create are not “works for hire.” The fact they may be getting credit for a class does not change that. [pullquote] If I were advising a student publication about dealing with its copyright ownership issues from this point forward, I would say the best tactic is to have every staff member (and a parent/guardian if they are a minor) sign something at the beginning of the year that says they are assigning the copyright in the works they submit to the publication to THAT PUBLICATION, or giving a permanent license to the student publication to use those works.”[/pullquote]
In addition, there are real downsides to a school owning the copyright to student works, Goodman said. For example, if a school owns it, it can control how it is used. That inherently includes extensive censorship rights.
“If I were advising a student publication about dealing with its copyright ownership issues from this point forward,” Goodman said, “I would say the best tactic is to have every staff member (and a parent/guardian if they are a minor) sign something at the beginning of the year that says they are assigning the copyright in the works they submit to the publication to THAT PUBLICATION, or giving a permanent license to the student publication to use those works.”
He said it is possible for an student publication to own a copyright but that doesn’t make it belong to the school.
“Insert in your publication handbook or policy document a statement that states your student publication staff has authority over the copyrights owned by or licensed to the publication,” Goodman said. “If someone ever uses your publication’s contents without permission in violation of the copyright, you’ll have clear authority for asking them to stop.”
If student work is already distributed and others use it without permission, Goodman said he would recommend advisers and students act as if the publication itself owns the copyright, whether there is written documentation or not. A letter to the infringer requesting they take the material down immediately would be appropriate.
Goodman developed a model statement of who owns student works.
Goodman also said the SPLC’s Mike Hiestand wrote an excellent piece on copyright ownership on the SPLC blog .
For additional ownership resources:
• Now that it’s online… is it still mine
http://www.splc.org/news/report_detail.asp?id=1560&edition=52
• The editors’ checklist (se section of copyright and ownership of work)
http://www.splc.org/pdf/editor_checklist.pdf
• Your questions answered: Ownership of content
https://vimeo.com/11841801
• Model yearbook copyright warning
http://www.splc.org/knowyourrights/legalresearch.asp?id=122
• SPLC model yearbook staff member license
http://www.splc.org/pdf/yearbook_license.pdf
• Prince George’s considers copyright policy that takes ownership of students’ work
http://www.washingtonpost.com/local/education/prince-georges-considers-copyright-policy-that-takes-ownership-of-students-work/2013/02/02/dc592dea-6b08-11e2-ada3-d86a4806d5ee_story.html
• Maryland advisers react to school district’s proposal to control copyright of student work
http://www.splc.org/news/newsflash.asp?id=2522
• Protecting your yearbook: How to register the copyright to prevent piracy
http://www.splc.org/news/report_detail.asp?id=1694&edition=62
• Registering your yearbook’s copyright (directions)
http://www.splc.org/knowyourrights/legalresearch.asp?id=121
• Reddit’s press guidelines: Get permission from Reddditors before using their content in a ist
http://www.poynter.org/latest-news/mediawire/263067/reddits-press-guidelines-get-permission-from-redditors-before-using-their-content-in-a-list/#.U-vbWISkdm0.twitter
• Handle your yearbook copyright issues before you find the book for sale online
http://jeasprc.org/handling-yearbook-copyright-issues-before-you-find-the-book-for-sale-online/
• Principals, advisers and students face misconceptions about who ‘owns’ student work
http://www.splc.org/news/report_detail.asp?id=1584&edition=54
• Back to school checklist: who owns what?
http://www.splc.org/wordpress/?cat=13
Read More
Welcome back – here’s a look
at what to expect in the coming weeks
As we all head back to school, look for some new content in the next week:
• An article focusing who who owns scholastic media content and choices to establish best approach for students
• An article discussing points of questions involving yearbook ethics
• A first look at a Policy Package to will help staffs decide what they want as the best editorial policy, ethical guidelines and staff manual
• Continued access to our ongoing columns on journalism pedagogy, FOIA, broadcast legal and ethical issues, news literacy and more Making a Difference reporting
• Our annual Constitution Day lessons and activities
• In the meantime, check out these major points from the press rights commission:
• Takedown demands guidelines
• The Panic Button means of reporting censorship
• Our Press Rights Minute
• JEA’s position prior review
• JEA’s existing model editorial policy and support
• Online, photo and yearbook ethical statements
• First Amendment Press Freedom Award application
• A teacher’s kit for curing Hazelwood
• Our Foundations series for scholastic journalism
Something you would like us to report? Let us know.
Read MoreUpdates on scholastic issues across the nation
–ajc.com wrote this piece about the issue of the “R” word.
‘You have the power to IMPROVE the world,
not just change it’ are words worth noting
by Stan Zoller
Sometimes it’s difficult to see the forest through the trees. Or perhaps we spend a lot of time preaching to the choir. Take your pick.
As journalism educators, we know about the problems we face handling student media. So when someone from “the outside” addresses them, it’s a breath of fresh air.
So rather than write about a “really great speech I heard…”, I’m going to let you read it for yourself.
But first, a bit of background. The presentation was by Dann Gire, film critic for the Daily Herald in Arlington Heights, Illinois. Gire was the featured speaker at the Illinois Journalism Education Association’s annual award luncheon June 7.
Read More