Students’ Rights to School Projects
There are quite a few schools out there specializing in teaching the tools to create video games, and a lot of them have a policy of school ownership of student work. Controversy has stirred up recently over DigiPen claiming all rights to Synaesthete, a recent student project and winner of several awards, including best student project at the 2008 Independent Games Festival. DigiPen has claimed the rights to all assets, code, and the design itself for Synaesthete. Is it right that a school can claim ownership of an IP created and implemented by students?
Sad to say, this is not just schools with this policy. There are many game developers that have very strict contracts with restrictions on employee generated work, and I have signed a few of them. The contracts state that all ideas and assets generated by the employee while employed by the company are property of the company, which also includes any work done outside of normal working hours.
Prominent members of the IGDA are speaking out against such policies, but it would take nothing less than an industry wide change to sway some of the schools. The schools and companies with such policies are very upfront about them, and are proud of their stance. The schools believe that selling a game should not get in the way of student education, even if it means locking up the game IP.
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Funny thing about ideas…it’s really hard to prove when exactly they were created. Ideas leave no paper trail. Ideas don’t have timestamps. They just show up one day. Seems like a goodish portion of these contracts are downright unenforceable.