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copyright possession of unauthorized info

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jenni2sweet

Junior Member
my son was suspended from school for taking a picture of grades that were posted on the chalkboard for everyone to see,and putting it on his facebook page. The principal threatened to take legal action, stating that what he did was illegal. my question is how is what he did illegal if all of the classes grades were posted were everyone could already see them? also there were no names with the grades just the students i.d. number.What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
the fact some writing or artwork in viewable by others itself does not mean the information/art is not copyright protected. Books have copyright protection yet a popular book is seen by millions and the protections remain. The picture your son took is copyright protected even though it was posted on the internet and could have been seen by many.


I believe, (and if quincy pops in I am sure he will correct me if I am wrong) that the list as it was simply written has no copyright protections simply because it is just that: a list of data. Such writings do not enjoy copyright protection.
 

quincy

Senior Member
Everything justalayman said is correct and he is also right that this would not be a copyright issue. Facts are not copyrightable and a list of grades would be facts.

You failed to mention the name of your state, jenni2sweet. This state information is requested of all posters because laws often vary in significant ways from state to state. While copyright laws are federal, student records are governed by both federal education and privacy laws and state education and privacy laws.

And what your son did by photographing and publishing online the student grades could be an invasion of privacy issue under both your state and under federal laws.

The Family Educational Rights and Privacy Act (FERPA) is a federal act that concerns student privacy as it relates to their school records. School records include student grades and student identifiers. Some schools still use social security numbers, or partial numbers, as student identification numbers, and some teachers list grades with these numbers, or in alphabetical order based on a student's last name.

Students, in other words, could potentially be identifiable through the number provided with the grades and student social security numbers could be at risk with your son's public posting of the list of grades.

Most schools also have school policies about cameras in school (cell phone or otherwise) and many schools prohibit the taking of photos in a classroom without prior consent from the teacher and/or the principal.

Bottom line: I think your son's suspension was probably well deserved and I think the principal could be right that your son may face legal consequences on top of this suspension. How likely legal action could be is a question mark.

If you are concerned about the legal consequences of your son's actions, have all of the facts reviewed by an attorney in whatever state it is you reside in, although you may wish to wait and see if any legal action materializes.
 
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jenni2sweet

Junior Member
copyright

Thank you for your info. I do apologize. I am in the state of ohio. I don't understand then, why is the teacher allowed to post all of his classes grades. allowing all the other students to see them. isn't this also a breach of privacy if one student can see another students info. also, when i asked the principal how he printed the picture from my son's facebook account he said "I got it, and that's all you need to know. Do I not have a right to know how he was able to obtain that info from a private account?
 

justalayman

Senior Member
gee, if he has made a copy of the picture, it is he who has infringed upon your son's copyrights of his picture. I wonder what he would say if he was threatened with legal action for copyright infringement. (that is just a thought though. I would not suggest actually escalating this issue by bringing up this point)



btw: never consider anything on Facebook as private or secure. It isn't. Most, if not all information is available to those that know how to navigate the system.
 

quincy

Senior Member
One of your son's Facebook friends could have provided the Facebook information to the principal, which in turn led to the actions taken against your son by the school.

If the Facebook information was provided to the principal by one of your son's Facebook friends (the student perhaps concerned about the publication of his/her own grade information online), the student's identity will probably remain confidential and the reporting of the information should be covered by privilege (an immunity from civil action granted those reporting the potential illegal acts or actions of others).

In other words, should the above apply, the student-reporter's identity would be protected from disclosure, absent a court order which demands release of the identity of the person who made the report to the school. A court will ordinarily not issue such an order unless a lawsuit has been filed with evidence showing the need for the release of this identity.

Schools, by the way, often look at what is published online about the school and the students that attend the school. A lot of this is now done in an attempt to prevent any Columbine-like attacks by catching early warnings of a plan made in a student's postings, but this internet surveillance is also done to protect the school and the teachers in the school from unwarranted, perhaps defamatory, statements made by students about the school or teachers in the school.

Legal actions taken against students for their postings online are not exactly common, but they could hardly be considered rare, either. Teachers have sued students in the past. Kids have gotten into a whole host of trouble for what they have posted online.

Whatever the facts are in your son's case, it appears from what you have posted here that the suspension was a legitimate one. Although I doubt that any legal action will be taken against your son, that doubt is based entirely on the odds in general of a suit being taken by a school against a student. For the chances of your son's particular school going beyond just a suspension in this matter would take a personal review of all of the facts by an attorney in your area.

Good luck.
 

jenni2sweet

Junior Member
Thank you again for all of your information. I truly appreciate the guidance. Now I know and my son knows what it was that was illegal. I just wish the principal would have taken the time to explain it. Again, thank you for your help!!!:):):)
 

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