The parents of two Montreal-area junior high school students are seeking hundreds of thousands of dollars in compensation after their children’s teacher allegedly listed their artwork for sale without their consent.
Joel DeBellefeuille and Edith Liard both have kids who attend Westwood Junior High School in St-Lazare, Que., about 50 kilometres west of downtown Montreal.
The parents are represented by the same lawyer, who sent a legal letter to both the Lester B. Pearson School Board (LBPSB) and the teacher Tuesday.
“If he (the teacher) made a profit out of the students’ painting or drawing, the students should get the money for that. Not him,” Liard said in an interview with Global News. “It’s their art.”
Westwood Junior High School students discovered their works of art for a class assignment were listed for sale on the teacher’s website on Feb. 8, according to the parents.
Their creations were allegedly featured on an array of items, including mugs, canvases, cushions, decorations, and bags. The artworks also bear the students’ names as the creators, the letter said.
A search on the website found the creations of 96 students for a total of 2,976 different products, the letter states. The items, which varied in price from $30 to $120 USD, were made “without the consent of their creators, in bad faith, and in violation of all laws related to the intellectual property of an artist.”
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“This act is even more egregious as it stems from the use of material created by students in a school setting, under authority, and sold with impunity at high prices,” the legal letter reads.
DeBellefeuille and Liard want an apology, and for the school board to take disciplinary action against the teacher. They are also seeking the removal of “usurped artwork” from all platforms and a “comprehensive report of sales made on any transactional platform” related to the kids’ creations.
The parents are demanding $300,000 in copyright violations and an additional $50,000 in moral and punitive damages.
The letter also states that “a movement is underway” to gather other parents and students in a potential “joint legal action.” The parents allege the school board “bears a significant part of the responsibility in this matter and has acted negligently.”
The lawyer’s letter also states that if the appropriate actions aren’t taken in the coming days, they will file a petition with the Quebec Superior Court. None of the allegations have been proven in court.
The LBPSP said in a statement Wednesday that it is “aware of the situation and is taking these allegations very seriously. An investigation is underway so the school board cannot comment on this matter any further.”
LBPSB spokesperson Darren Becker also confirmed the school board received a “formal legal notice from some school parents regarding the situation, which has subsequently been sent to the school board’s insurance company so we have nothing else to add at this time.”
Global News has reached out to the teacher for comment but has not received a response.
‘Stunned’ to find kids’ creations online
Liard was “stunned” when her daughter informed her about the website and alleged sales last week. She was in such disbelief that she had to go see the website for herself.
“I hope that people will learn that you cannot take advantage of children, especially when we send our kids to school, we trust the adults that are there to take care of our children,” Liard said of her decision to take legal action.
Liard said they chose Westwood Junior High School because her child was looking forward to learning more about the visual arts.
Her daughter Jasmine Fahoume said that she initially found it amusing when her classmates first found their artwork online.
“At first I laughed because, I mean, who would have thought? … No one could think that an art teacher out of everyone would be doing, like selling your own stuff. Especially given the fact that the artwork is not really like that great,” Fahoume said.
After the allegations came to light, Fahoume said her teacher hasn’t been in her class.
“He’s not coming to work, but that’s all we’ve been told,” Fahoume said, adding she doesn’t care if the teacher comes back or not, but that she hopes they get to “change it up and do something that’s actually fun.”
The LBSPB could not comment on whether the teacher has been suspended.
DeBellefeuille, who spoke to Global News before the lawyer’s letter was issued, said when his son Jax told him about the situation his disbelief quickly turned to anger and concern.
“It’s beyond understanding that he (the teacher) felt that it was okay to actually do this. It’s a complete breach and intrusion of the students’ privacy and I want to see him removed,” DeBellefeuille said.
Quebec Education Minister Bernard Drainville’s office said it could not comment on the allegations, citing legal action by the parents.
— with files from Global News’ Tim Sargeant, Franca Mignacca and Anne Leclair
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