Copyright for multiple artists on one painting

[Bkaye]

I am the art coordinator for a public elementary school in Idaho. This is the second year that that I have designed and developed a different art project for each class in the school to complete and then be auctioned off at our Art Auction Fundraising Event for parents and community. The canvases are of my original design. Each child in the class does a square for the canvas (a la Andy Warhol) in oil pastel on paper with a simple template of my design underneath for them to follow, but in their own style and color choices. I then apply the paper to the canvas to complete the art. Some pieces have a painted background that I've had the kids help me apply. The pieces have been auctioned off at this point, but I've just found that they've used a photo of one of the canvases to duplicate for a poster and have sold it to another parent as additional fundraising. The same canvas has also been duplicated (again without my permission) onto 20 mousepads to be given as teacher gifts. Do I hold copyright to theses pieces? I'm afraid of what/where else I might find theses works. I'm also in the midst of turning this process into a business. Please advise.

[Rusalka]

If this is part of your job duties, then you have no copyright. The work would be considered a "work for hire". The copyright would remain with the organization that hired you.

From Wikipedia: http://en.wikipedia.org/wiki/Work_for_hire

The circumstances in which a work is considered a "work made for hire" is determined by the United States Copyright Act of 1976 as either
(1) a work prepared by an employee within the scope of his or her employment; or (2) a work specially ordered or commissioned for use as a contribution to a collective work, as a part of a motion picture or other audiovisual work, as a translation, as a supplementary work, as a compilation, as an instructional text, as a test, as answer material for a test, or as an atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. (17 U.S.C. § 101)

I think part no. 1 would apply to your situation. 2 only applies to contractors.

[Bkaye]

Not sure if this makes a difference...I realize now I wasn't very clear. I'm a VOLUNTEER art parent at the elementary school, no contract signed and am not receiving payment. I oversee the other volunteer art parents for each grade level. The art auction projects come under my capacity as a volunteer art parent for my own kid's class. Would that still constitute as 'working' for the school? If so, would it make a difference if next year I clarify somehow that the designs are my own (my property)? Also, in a professional capacity, in the future I will be developing a business of designing and selling art kits so others can facilitate this type of 'group canvas'. I would then certainly hold the copyright to the designs, correct? Thank you for your help.

[Greg Long]

Yes you would hold copyright on the designs. However, when one of these canvases is painted, the copyright should pass to the child who has done the work, as your copyright element will have been licensed by you for their use.
so the designs are copyright to you, the works and derivatives are not.

[Rusalka]

You hold the copyright then. There's no difference between design and execution here. If the children work as directed, they are still working on a derivative work, and I would imagine do not hold copyright. It depends how much of the final work is created by the child.

The organization certainly has no right to publish the works without your permission.

If you sell art kits, you might want to look into a patent. For copyright, the kits would have to be derived from a finished work, like puzzle kits are derived from paintings or photographs. Paint-by-number is another analogy that comes to mind. There's not enough information in your description.

[Horsa]

If you are. Concerned about how the school (or other parties) are using the finished art projects it is time to revisit your contract with them. Even though you are a volunteer you may still be considered as doing work for hire.

Having a written instead of oral contract that spells out who owns the designs and who can reproduce or sell the finished projects would be a good idea.

As for designing art kits for sale, and wanting to be sure you are properly protecting your ownership of the designs you include etc, my advice would be to consult an attorney who is familiar with this area of law. For the school simply getting a written agreement that the finished projects cannot be duplicated without your permission should suffice.

[Rusalka]

No, absent a previous agreement, a volunteer is never considered doing "work for hire". The OP said there was no agreement whatsoever. A work for hire is *always* a situation where you are paid and are an employee. She doesn't need any kind of contract, because all of the rights (excluding whatever the kids may be contributing) belong with the artist and she can simply write a letter stating that she doesn't want her work being used in products for sale without her permission.

[Bkaye]

Thank you ALL so much for your help. Much releif, and I'll do it right next year...make it clear to all and cover myself with a letter so there's no question. thanks again for your time and guidance.