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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
