Can a teacher use student work without written permission?

I have collected some of my second grade students’ work, writings, drawings and poetry to write a book on “the being of a second grader”. Any profits would be donated to a non profit children’s organization. The material is from 3 to 15 years old. Names would be deleted. Can I as a teacher who assigned and collected the work use it without written permission?

Asked on August 20, 2012 under Uncategorized, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country using someone else's work without express written permission is improper. If you want to use some of your second grader's work in a book, I suggest that you ask the parents of your children for an express written release to do so and if given, mention specific credits to those students in your intended book if published.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.