Fort Worth, TX asked in Internet Law, Education Law and Civil Rights for Texas

Q: is my teacher allowed to get rid of something I wrote in my own time without my permission?

I'm in 8th grade and in my English class, I work on a story that I've been writing. admittedly it is during the time I'm supposed to be doing other assignments; however, I do find that the way she (my teacher) handled this was a little over the top.

She threatened that if I didn't stop, she would delete all my progress on my story (at that point it was 38 chapters and I had worked on it for 2 years) unless I started paying attention.

Mainly I just want to know is she allowed to do this or is it illegal at all.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Under California law, your teacher's actions could potentially infringe upon your rights, especially if the work was created on your own time and does not violate school policy. Intellectual property laws protect the creations of your mind, and even as a student, you have rights to your original works. The act of deleting your story without your consent may be seen as an overreach of authority, especially considering the personal time and effort you've invested in writing it.

However, it's important to consider the context of your situation. If you were using school resources, such as a school-issued laptop or during class time designated for other assignments, the school might argue that it has policies in place regarding the use of its resources. Schools have a degree of discretion in enforcing rules that ensure students are focused and engaged during educational activities.

It would be wise to talk to someone in authority at your school, such as a guidance counselor or principal, about this matter. They can provide clarity on the school's policies regarding personal projects during class time and the use of school resources. Furthermore, documenting your work and keeping backups is crucial to safeguarding your creations against loss or deletion. This approach ensures that, regardless of the outcome, your hard work and creativity are preserved.

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