The creative works produced by students at the Tisch School of the Arts in fulfillment of class assignments, or as individual study projects, whether made on Tisch School of the Arts premises or elsewhere, with or without Tisch School of the Arts equipment, and with or without extra funds (hereafter called "Student Works"), have a dual nature. First and foremost, the production of Student Works is intended as an educational experience. However, the product of that educational experience is an item of property that may have a market value for its creator(s).
The interest of the Tisch School of the Arts in any Student Work extends only through the completion of the educational experience associated with such Work until its utility as an educational device or matrix has been exhausted. This is not necessarily the completion of the Work; many Student Works that are technically incomplete have nonetheless satisfied the educational purposes for which the creation of such Works was intended.
But, if certain students were to market, distribute, or work for private profit on a Student Work prior to the termination of that Work's usefulness as an educational device, it could deprive other students of the opportunity to work in or with such Work and hinder the exercise of proper faculty supervision of such Work, thereby obstructing the educational purpose that the production of such Work is intended to serve.
Student Works are prepared for educational purposes, not as products for market, and the financial value of Student Works, if any, is at most a secondary benefit of their creation. Therefore, it is in the interest of the students at the Tisch School of the Arts and of the Tisch School of the Arts as a whole that each Student Work remains subject to certain restrictions until the educational experience associated with such Work has been completed. Following the completion of such experience, the Tisch School of the Arts has no interest in the marketing of any Student Work or any income derived there from. Therefore, all Student Works are subject to the following ownership policy:
- All Student Works are owned by the student(s) who create them.
- Any income from distribution of any Student Work shall be the property of the student(s) who create such work.
- All students who create or participate in the creation of a Student Work are jointly and severally responsible for such Student Work, including without being limited to, for determining and ensuring that such Student Work does not violate or infringe on any copyright, any right of privacy, or any other right of any person, and that such Student Work is not libelous, obscene, or otherwise contrary to law. Such students shall also be jointly and severely responsible for obtaining any necessary permissions for the use of any copyrighted materials included in such Student Work.
Any advice or assistance given by any faculty member or other representative of the Tisch School of the Arts or of New York University to any student in relation to the foregoing responsibilities, or otherwise in relation to the preparation or production of a Student Work, shall not be construed (a) as the assumption of such responsibility or of any liability by such person, by the Tisch School of the Arts, or by New York University; (b) to deem the University, the School, or such person a joint venturer with such student; or (c) to grant such student the power, right, or authority to create any obligation or responsibility on behalf of, or otherwise, to bind the University, the School, or such person.
Each student who creates or participates in the creation of a Student Work agrees to indemnify and hold harmless the Tisch School of the Arts and New York University against any loss, damage, liability, or expense that they incur as a result of the preparation or production of such Student Work, including, without being limited to, any material in such work that infringes or violates any copyright, right of privacy, or any other right of any person, or is libelous, obscene, or contrary to law.
- To ensure that each student and faculty member has a meaningful opportunity to participate in the educational process occasioned by the production of each Student Work, the student(s) who owns each Student Work agrees not to distribute such Work in any manner, whether by sale or other transfer of the ownership or other rights, license, lease, loan, gift, or otherwise, except for entering such Work in festivals or competitions, and further agrees to make such Student Work available to other student and to faculty members of the Tisch School of the Arts for any use relating to his or her education or to the education of such other students, until such student, or if more than one student owns such Student Work, until all such students have either graduated from New York University or are no longer matriculating at New York University. The dean of the Tisch School of the Arts may, in her sole discretion, waive these restrictions for any reason satisfactory to the dean.
- The student(s) who owns each Student Work grants New York University: (a) the right to purchase prints or other copies of such Student Work at cost, whenever, in the University's sole discretion, such prints or other copies are needed for any University use; and (b) the right to reproduce, display, or perform such prints or other copies anywhere and for any reason, including, without being limited to, publicizing the Tisch School or the Arts or New York University, without any royalty or other payment of any kind to the student(s), provided that such prints or copies may not be rented or sold by the University. Such student(s) also agrees that he or she will not make any contract or commitment regarding the Student Work contrary to this policy or in derogation of the rights granted to the University by this policy, and that he or she will sign any document reasonably requested by the University to confirm or enforce any of the rights granted to the University by this policy.
- The Tisch School of the Arts will decide whether or not to put its name on a given Student Work. If so requested by the dean of the Tisch School of the Arts, the student(s) who owns each Student Works agrees to credit in such Student Work, in a manner satisfactory to the dean, any donor to the Tisch School of the Arts whose donation contributed in any way to the production of such Student Work.