Enterprising 16-Year-Old Photographer Gets Lesson In Lying, Coercive Assholism From Asst. Principal
Nick Gillespie writes at reason that Anthony Mazur, a 16-year-old student at Texas' Flower Mound High School, who's also a photographer for the yearbook, took pictures of athletes and other students and then posted them on a Flickr account where he sold some of them to parents.
As it happens, according to his school district's policy, there's no issue with that and Mazur apparently owns the the copyright to work he produces.Cue administrative outrage:
Back in March, Mazur says he was called into FMHS Assistant Principal Jeffrey Brown's office, where he saw that Brown had his website pulled up on a computer there. He said that Brown was angry at him, and told him that posting the pictures online was illegal, and violated copyright. According to Mazur, Brown also worked the angle (contrary to the policy listed above) that the camera belonged to the district. When Mazur argued that the copyright belonged to him, he says that Brown changed his tune and said that it violated student privacy. Brown allegedly told Mazur at the time that a parent had complained.Mazur alleged that Brown told him in a coercive tone "I'm just asking you to take the website down, I'm not asking you to return any money." Mazur said he assumed Brown meant the school, with regards to returning money. Mazur said Brown told him that he "wouldn't report [Mazur] to the IRS" over the money he earned from selling the photos. Brown told Mazur that he was issuing an "administrative directive" to take the photos down. At this point, Mazur said he requested that his parent be brought into the discussion.
The assholministrator first claimed privacy concerns, then said the profit was the problem.
And note the stupidity and/or creepy lies, like that posting pictures online somehow violates copyright. (Copyright belongs to the creator unless it is signed away.) Then there's the threat of reporting him to the IRS. What a toadish bully, this guy is.
No, wouldn't want a kid to earn money through his work and learn all the ensuing lessons from that. No, keep him penniless so he can be appropriately humble while getting a degree in Tibetan feminism.
Gillespie gets it:
And then try to re-imagine school as a place that is not the equivalent of a minimum-security prison (attendance is mandatory!) but is instead actually interesting, challenging, and effective in reaching most kids in some sort of individualized way.
Whole story is here, by Steve Southwell, in the Lewisville Texan. A relevant bit:
Mazur said he and his yearbook class had gone to a journalism convention in San Antonio back in October, and at that convention, one of the speakers was a teacher from Argyle High School, who told them of a student who was selling their work. Inspired by the possibility, Mazur asked the speaker about the copyright issues, and the teacher explained to him that as the photographer, he owned the pictures he took, and was entitled to the rights. Lewisville ISD's own policy (CY Local) states explicitly that "A student shall retain all rights to work created as part of instruction or using District technology resources."...Although the Mazur family is fighting the decision, Anthony says he is undeterred. He has since obtained his own camera, and is continuing to photograph sporting events, where he says he has the same access as other members of the public, and members of the media. "They're not going to stop me, I'll keep doing what I love," said Anthony.
I'd sue the administrator personally; harassment, emotional distress, civil rights violations (1st, 4th, 5th, & 7th amendment violations), slander, tortious interference, loss of income.
lujlp at May 26, 2015 11:40 PM
Bet a simple "letter to the editor" of the local paper AND a copy to his Congressional representatives would go a long way towards getting a replacement administrator.
Bob in Texas at May 27, 2015 5:18 AM
I agree that this is disgusting and with the comments made by Amy, lujlp, and Bob. But I have to say, I have to admire Anthony for standing up for himself. It's so easy as a high school student, to be intimidated by authority figures, especially on your own school. We need to make more high school kids like Anthony.
Patrick at May 27, 2015 6:02 AM
While standing in the wreckage of my first marriage, I decided to take stock and see what lessons I could learn from the experience. One lesson was "Pick your battles". In the years since I've learned that it applies to all sorts of situations, not just marital. It certainly would have applied here. I suspect an assistance principal might be nursing a few regrets right about now.
roadgeek at May 27, 2015 6:34 AM
While standing in the wreckage of my first marriage, I decided to take stock and see what lessons I could learn from the experience. One lesson was "Pick your battles". In the years since I've learned that it applies to all sorts of situations, not just marital. It certainly would have applied here. I suspect an assistance principal might be nursing a few regrets right about now.
roadgeek at May 27, 2015 6:34 AM
I love the kid for standing up for himself. I felt good about that in the recent incident where the police came to my house like the SWAT team after an escaped, guns-blazing felon. Because...drum roll...some woman hit my PARKED car (when I was not in it).
I realized that they couldn't come in without a warrant and I refused to go out and talk to them. When they asked for my license and registration, I photocopied them and handed them over the fence, per the law on when someone hits your property (which a car becomes when you are not in it). The motorist "shall" provide it "upon request."
She didn't request it, and the notion that you're going to use a loudspeaker "Amy Alkon, come out of the house!" to embarrass me out, well, in short, "Fuck you," and enjoy that Internal Affairs complaint I filed against you, bully cops.
Amy Alkon at May 27, 2015 6:54 AM
There's hope for this generation after all
Alan at May 27, 2015 9:08 AM
There's hope for this generation after all
Alan at May 27, 2015 9:08 AM
wow... this is not anew issue at all, since I did the same in the 80's when I was a cub, and there is a way for the school to bypass the issue.
They make the kid sign a 'for hire' doc, based on getting credit for the course, or using the equipment or whatever... and then the school owns the copyright, and the student produces the pics for them.
This is how many of the places I worked as both freelancer and staff photographer do it.
Kinda glad the kid went on to shoot outside of school, so that he gets used to the biz end of it... hopefully the lawyers involved will explain the odd intricacies of copyright law.
Oh, and? I have doubt, but perhaps administrator man will realize that you should never assume you are smarter than a kid, just 'cuz he's a kid.
We will go to great lengths to prove you wrong.
did I say that out loud? :devil: I have never done anything to make an adult look stupid, and I still never do anything to make stupid adults look stupid.
SwissArmyD at May 27, 2015 9:21 AM
This is like the photo on a ride at an amusement park, "Hey, you were here and did this and here's a picture, wanna buy?"
Ugh! Makes me glad I'm an adult and don't have to deal with such BS from a much less powerful position.
Shannon at May 27, 2015 9:31 AM
Talk about a brown shirt. Good for Anthony! Kick his butt.
Nick Gardner at May 27, 2015 9:43 AM
I am surprised that the school does not own the copyright. A similar issue came up when I was in high school (funny I just saw a post on Facebook by the girl who was the center of it). There was explicit documents. If a student took a photo for a photography class they maintained the copyright but for the newspaper and yearbook the student was producing the work under contract so the school owned it. It became clear in some examples where a member of these groups would be allowed to attend for the purpose generating stuff for paper/yearbook and person from the general public would not be allowed to attend.
The Former Banker at May 27, 2015 1:24 PM
If a student took a photo for a photography class they maintained the copyright but for the newspaper and yearbook the student was producing the work under contract so the school owned it.
If the students work is "under contract" what is their compensation
lujlp at May 27, 2015 5:02 PM
My memory is fading on it. I think I used the wrong terms. I think maybe the correct ones are "work for hire"
I also seem to recall there were some privacy concerns though I don't recall what.
The Former Banker at May 27, 2015 8:27 PM
Luj hit it.. in the U.S. at least, those contracts are probably unforceable because (1) the kid is a minor, and (2) in order for a contract to be enforceable, both sides have to receive some form of compensation. It might only be $1, but it has to be something.
Cousin Dave at May 28, 2015 7:02 AM
http://www.copyrightkids.org/cbasicsframes.htm
Conan the Grammarian at May 29, 2015 9:19 AM
I don't doubt there was a contract TFB. But as Lujlp, CD, and Conan say the contract was unenforceable. In the end it was just a piece of paper. But if you didn't know it was just a piece of paper you wouldn't try to oppose it.
A wonderful example of our schools not teaching pertinent information in order to exploit their student's ignorance.
Ben at May 30, 2015 5:37 AM
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