Hit: Web page ownership Part 2

[Rosanne Zajko <rmz@ADELPHIA.NET>]

Part Two:

This is an interesting question. I have developed my library webpage,
maintained on
my ISP server, because my school does not have their own webpage or server
yet. Our
library however is part of regional library system and we have access to
free
subscription databases such as Electric Library. I did not want kids to
always be
searching for the sites, typing in passwords or bookmarking freely on our
computers.
So in essence my library webpage has more or less become our school webpage.
I have
a reference area, link to the public library OPAC, project and curriculum
links,
etc. Like you I spend a great deal of time maintaining and keeping it
updated. I
know my work is appreciated but no one has paid me for it so as far as I am
concerned I own it! If the school eventually puts it on their server and
pays me a
stipend to maintain it then I would presume they would also have the right
to
stipulate what appears there because they are paying for my service and they
then
have the ownership. That is just my immediate impression. I would have to
give it
much more serious thought if I was presented with the situation.

__________________________________________________

Great question. Does your employer require you to do this web page??
Is there anything in your contract that speaks to who holds copyrights?
(In my previous district there was a statement in our contract that
said employees retained copyrights to that which we created.)

              Basically, all copyrightable works that an employee creates
              within the scope of employment are owned by the employer,
              even it there isn't a written agreement transferring
              copyright ownership. (The employer is also considered
              the work's author for copyright purposes.) These works
              are called works for hire.

              The term "scope of employment" is the catch here.
              Courts look to what's called the common law of agency
              relationships. Under these rules, an employee's work is
              created within the scope of employment if it:

              --is the kind of work the employee is paid to perform;

              --occurs substantially within work hours at the
              workplace; and

              --is performed, at least in part, to serve the employer.

_______________________________________

You could leave the web page and not update it.  In a short period of time
it would not be as useful as it is at the present time.

You could also copy the web page to another server and just change the
school name.  The page with the new school name would be the only one you
would update.

______________________________________


I did a lot of web development in my previous district. I took
most of it with me when I left. Not all, but most. I took the
equipment too since that was also mine :) web server included!

________________________________________

 IMO, your school district is attempting to take control over
what is essentially your intellectual property.  I'm currently fighting
a similar battle, so I understand your confusion.

http://www.lib.utsystem.edu/coyright/textownership.html
is a part of the University of Texas website on intellectual property
that refers to ownership.
The home page of this section is at
http://www.utsystem.edu/OGC/IntellectualProperty/faculty.htm

Also, look at the one from Cornell
http://www4.law.cornell.edu/uscode/17/201.text.html

And if you want to go direct to the relevant law,
http://www.loc.gov/copyright/title17/

Good luck.  If your site were "housed" on the school computer system or
if you had done the work "for hire", your school district might own the
copyright but only if your had signed a written contract that you were
hired to do that work.

Since you do the work at home, on your own time, and without the use of
school district facilities, I believe they have no ownership rights.  Be
sure, however, that you do not use school facilities to work on your
website.

_________________________


I never thought about it but no one else has the password for my web page
________________________

Rosanne Zajko - SLMS
Ancillae Assumpta Academy
Wyncote, Pa. 19095
rmz@adelphia.net

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