Student work

[DylanButler]

Hi folks,

I've got a legal question here that I'd like to ask the board before asking the school's opinion. I currently attend a pricy art school with very talented (and underexperienced) students. Last quarter, I had a class where the final was to develop a very nice user-friendly site. I had a friend ask me what the site's value might be which gave me an idea: I ask a student what price he deems appropriate for his work and I offer to buy it. Chances are, I'll be getting it at a lower rate than most clients. I consider this using my assets (which I pay $30k annually for BTW) to my advantage. I asked a few different entrprenuers their take and received mixed answers. Would it be legal for me to buy these sites and resell them for a profit? If not, who holds the copyrights on these items? If so, is it ethical?

 

[qwe]

When you buy the sites, you need a contract to state that the copyright is transfered with the sites.

 

[Ken_]

I checked your site out dylan, very nice work.

 

[tjoseph]

Legal and ethical are two different questions. That being said, a lot people new to a business sell their work way too cheap and they learn from that experience. I think that happens in almost all lines of work.

Tom

 

[Ronald Regging]

If both parties are satisfied with the amount of money being exchanged, I fail to see a problem.

 

[swimjenni]

I agree with Herb. But just make sure you have it in writting the the copywrite transfers to you.

 

[pdcom]

If these works were produced by an employee of some company and you bought the site from that employee, you would be breaking copyright for sure. But seeing as that is not your situation, the student producing the work has every right to sell it to you, and for any price you agree upon. As others have posted, you should certainly have a contract with the seller clearly stating that he/she is releasing all rights and interest in the work, now and future, exclusively to you.

 

[Ronald Regging]

Also keep in mind that if the person isn't over 18, they have no legal rights to enter into a contract. Not sure if you're talking high school or college here, but just something to look out for. (yes, there are expensive art schools for high school kids). For example. If they were 16... sell you a site, even with a contract... if the site becomes successful, they could come back at 18 (or their parents before that) and sue you for copyright infringment based on the idea that your contract is invalid, because they weren't 18 when they entered into it. Well, technically if you're in the US, they would have needed to apply for an official copyright in order to seek damages from you, which isn't likely, but you still want to avoid any legal disputes on this basis if possible.

 

[DylanButler]

I checked your site out dylan, very nice work.

Thanks I really appreciate it.

Legal and ethical are two different questions. That being said, a lot people new to a business sell their work way too cheap and they learn from that experience. I think that happens in almost all lines of work.

Tom

I agree, I have made the mistake (and still do on occasion) of selling myself too short. However, if the students are happy with the price (which they usually are) then it's a win-win situation, regardless of if they later find out it was sold under value or not.

I agree with Herb. But just make sure you have it in writting the the copywrite transfers to you.

Of course, thanks !