Ten parents from the Montreal area have initiated legal action against a high school teacher and the school board after discovering that their children's classroom art assignments were allegedly being sold online. The lawsuit, filed in Quebec Superior Court, seeks $155,000 per family, punitive damages, and an apology from the Westwood Junior High School art teacher, Mario Perron, and the Lester B. Pearson school board.
According to court documents dated March 15, Perron assigned his students at the St-Lazare, Que., school to create "creepy portraits" inspired by the style of artist Jean-Michel Basquiat. However, the lawsuit alleges that in February, students learned that their teacher was selling their artwork online without their consent. The art was reportedly being sold as prints or on various items such as T-shirts, coffee mugs, bags, and decor, with prices ranging from US$9.50 to US$113.
The court filing accuses Perron of appropriating and exploiting the work of his 96 minor students for personal profit. Furthermore, it states that the students' names were specified as authors on the works of art used for commercial purposes, allowing them to be identified on a public platform, particularly since the works were portraits.
Although Perron's online pages have been removed from the alleged sales sites as of Monday, screenshots provided by one of the parents show numerous colorful portraits listed on the website fineartamerica.com. Each piece is identified as a "creepy portrait" followed by a first name.
Joel DeBellefeuille, one of the parents involved in the lawsuit, expressed surprise that it was the parents, rather than the school, who discovered the teacher's actions. He emphasized the importance of parental vigilance in the digital age.
The lawsuit contends that Perron's actions violated copyright laws and caused parents and students to lose trust. It demands the removal of the students' work from the sales site. Additionally, it alleges that the school board was negligent in hiring Perron and failed to adequately monitor his public online activities.
While the Lester B. Pearson school board declined to comment on the legal proceedings, it previously stated in February that it was investigating the allegations and taking them seriously.
The incident has sparked outrage among parents and raised concerns about the protection of student artwork and privacy. It has also highlighted the importance of ensuring proper oversight of teachers' conduct, both in the classroom and online.
Moving forward, the outcome of the lawsuit will likely have implications for how schools and educators handle student artwork and intellectual property rights, emphasizing the need for clear policies and guidelines to protect students' creative work.