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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 12854
Experience:  30 years as a practising solicitor.
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I have a question regarding IP rights for resources created

Customer Question

I have a question regarding IP rights for resources created whilst teaching at a school
Submitted: 4 months ago.
Category: Law
Expert:  JGM replied 4 months ago.

How can I help you with this?

Customer: replied 4 months ago.
I have a YouTube channel (super Psychology) that I set up whilst teaching at a previous school. Since leaving I have continued to post videos on it. The channel was originally called Graveney Psychology (the name of the school was Graveney) but I have since changed the channel name. The videos on the site are revision videos primarily with my self and another member of staff (who has said he is happy for me to keep the videos on there under the new channel name).
I have been contacted by my previous head of department and asked to provide log in details for the site. No one else has ever had log in details to the site but me, I set the site up and it’s registered it under an email address that does not have the school suffix.
My question is who owns the youtube channel? Although the video were shot in the school, they were edited with my own video software outside of the school.
Expert:  JGM replied 4 months ago.

Where something like this is made in the course of employment, it is owned by the employer. So if you made it for teaching purposes at the school, then the school would own the copyright, irrespective of the log in or whose software was used and and when the editing was done. On the other hand if you made it independently but allowed the school to use it for extra curricular purposes then you would own the copyright. It all depends on whether it was made in the course of your employment or not.

Customer: replied 4 months ago.
Some of the videos were made during my
Employment, but these videos were made outside of school hours in addition to my teaching role- ie it wasn’t part of my job to ‘make videos’ I created them to provide aid for both our students but also
Any student studying psychology.
If it is still the case that the school owns the videos then what are my options? I do not think that the school would own the channel- like I said it was set up through a non school email address since leaving I have posted other videos. Would I need to delete all content made whilst at that school- and give hem access to the original files?
I’d prefer not to lose the videos but certainly not the channel, it has 3,000 subscribers and is a good platform for me as a educator
Thanks
Expert:  JGM replied 4 months ago.

Why don’t you start a new channel, upload the videos which were made in the course of your employment, give them the log in for the new channel and say that having taken legal advice from a copyright lawyer, which I am, that is what you have been advised to do so as to retain the material which is in addition to that to which the school is entitled to use. And use the word “use” rather than own so that you are not admitting that they own anything, although from what you say I think that they probably do own or share the ownership of at least some of the material.

Customer: replied 4 months ago.
Ok. Would that mean that I would not need to them delete the videos from my oringal channel, just upload duplicates onto theirs?
Thanks
Anna
Expert:  JGM replied 4 months ago.

I wouldn’t delete anything. I suspect they are more concerned about getting the material to use rather than enforcing the intellectual property rights to it.