Good question, Mr. Bradford

I decided to start a new post on Andy Bradford's questions/comments from the previous post.  I know this blog is read by many attorneys and was hoping to get some feedback on this topic. FOR THIS THREAD ONLY, I will take anonymous comments - hopefully from attorneys weighing in on the subject. Even better if you signed your name - just throwing that out there.

Andy Bradford writes:

If Jo Posti uses video and photographs shot by a school district employee, say Cissy Bowman using school district equipment, in her personal Center Court blog... Is she infringing on the district's copyrights?
If not, why is it OK for private citizen Posti, but not OK for some other private citizen?
I think I get it though-- School Board President can grant Private Citizen Posti the right to use the material. Taxpayers of course need to heed the warnings!

Monkey See, Monkey Do

I am sure you all remember the letter I received from Lebo Manager, Steve Feller asking me to voluntarily take down the municipal logo. In a Google Alert today for the District website, look what showed up.

Subject: Google Alert - Mt Lebanon School District
1 new result for Mt Lebanon School District

copyright - Mt. Lebanon School District
2012 Mt. Lebanon School District. You are welcome and encouraged to access and print material from the Mt. Lebanon School District website (“Website”) at ...
www.mtlsd.org/district/copyright.asp



Does this mean I cannot reprint traffic plans, agendas, or even spelling errors anymore here or on my website?  Remembering that Mike Madison is a Pitt professor of intellectual property law, I decided to shoot him an email about this. Here is his reply.

Elaine,

This is clearly overbroad and unenforceable. You'd think that the School District would have consulted an actual copyright or trademark lawyer before putting out something so obviously and legally obtuse. Nothing that the School District puts on its website or in its so-called "Terms of Use" can change your rights -- or the rights of any other citizen -- under the First Amendment and the Due Process Clause of the Fourteenth Amendment. Nothing that the School District puts on its website or in its so-called "Terms of Use" can change the way that copyright law actually works (remember things like the public domain and fair use) or the way that trademark law actually works (things like non-commercial use, nominative use, and fair use -- and I'm sorry to lay some legal jargon on you here!).

I hate getting worked up and drawn back into this stuff; I have really enjoyed not being part of the Lebo psycho-drama for the last couple of years. But this latest move by the School District is beyond bad judgment. It is bullying, in all the ways that copyright and trademark lawyers have come to know and loathe bullying in the realm of intellectual property law. Worst of all, it's ignorant. And in Mt. Lebanon, that has to be just about the worst insult that I can think of.

You have my permission to share this email with anyone you care to.

Mike
***********
A couple of comments from friends:

These people would copyright the Constitution if they ever read it. 

I really hope someone is reaching out to a reporter, the Commonwealth Foundation, the Attorney General's office, the Commissioners and anyone else who might decide to wake up to the school board's fascism. They've gone way, way, way overboard. At the very least, they need a new solicitor, someone who actually knows law....