To think the school should return this artwork?

[SquirrelHash]

My daughter took GCSE art last year.

I understand that a school has to hold on to the work for the time that it is marked, after the moderation period and the deadline for enquiries about results, but there were no issues and this deadline passed long ago (September 2022).

It's now March and we are being fobbed off by the school. They have confirmed that they still have the artwork - it has not been lost or disposed of, and my daughter is getting quite anxious about having it back.

AIBU to think there is no reason for them to hold on to it, that they (hopefully?) have no right to do so, and that it should be returned?

I’d be very interested to understand your basis for that statement.

Certainly it’s established that the child owns the copyright to it and there is usually an argument that this was extended to the physical artwork also.

“There is nothing in the Act that relates specifically to ownership of copyright in works created by students. Therefore, the normal rules of ownership will apply.

As soon as a child produces a piece of work, and in the absence of explicit permission from the child/child’s parents, the child owns the copyright for that piece of work.”

You’ve provided a lot of talk about copyright and completely glossed over that you’ve not actually proven this statement:

there is usually an argument that this was extended to the physical artwork also

Owning copyright is not the same as owning physical artwork.

I haven’t “provided a lot of talk” or glossed over anything. I provided a link and a quote. I am genuinely interested in anything that backs up your assumption that the student doesn’t own the artwork they created. If you could elaborate, that would be great.

My daughter did her GCSE last summer and went into school to collect her artwork in October. They didn't say anything about getting it back, she just went in and asked. Once the period during which there might be appeals or reassessments has passed I don't know why they would need to keep it apart from to display because they are proud of it. But there certainly was no mention of any issue with her taking hers home.

Schools are supposed to keep the NEA until all of the appeals have been completed.
This generally means that the NEA can be released (as someone posted up thread) end of Nov beginning of December.
I would chase the exams officer up to make sure that the appeals have definitely been completed, and then put in a formal request with time and date for the NEA to be collected.

What is the urgency to have it back?

Most coursework has to be kept for a certain amount of time so just say we want to have it back so let us know when we can come and pick it up.

If she needs it for a specific purpose eg a job interview, you could see if photos or photocopies are suitable.

DS was able to collect his photography portfolio before Christmas. They had set days where you could collect it.

Not gonna lie @SquirrelHash it took me and DH over a year after our DC had left the school, to get their painted art and sculptures back - that they did for GCSE. We just kept getting 'we're using it as a display piece,' from the school. We got the painting about 11 months later, but the sculpture was hard to get back. They REALLY wanted to keep it. But we were given it some 13-14 months after they left.

My friend's son's sculpture was in a glass case inside the school, 2 years after he left, and they still had not got it back. The school didn't want to give it up. So, my friend's DC got his friend's little brother to get it for him! Well it was his! (AND like my DC, he was told he could have it the summer after they left school.) 2 years after he still didn't have it. They never heard anything about it (like questioning if they had it,) the lad never got 'caught,' and the boy who did the sculpture had his work back!

plus of course the student provides the materials, not the school

Good luck with the art reclaim , when my daughter tried to get her A level art back it was a shambles . Basically it had been filed in topic segments rather than by pupil , some was still on display in the school . We were given a date to go in and collect but had to track it down piece by piece , and some we couldn’t find .
I think they assumed most students wouldn’t bother collecting it , so had filed it away to use as examples for lessons . We do have A4 prints of the missing ones , that she had used for her Art book , but it really isn’t the same .

I think they've lost it and are fobbing you off.

We can no longer keep work to use as examples without permission. It has to be securely disposed of.

I was quite glad that DD didn't want her A-level piece back (it was huuuuuge!) but she was offered the chance a bit before Christmas if I recall correctly.

My DD left her school after GCSE to go to college. She got her art coursework back about a year later; as others have said, keep on at them.

Both my DCs got their GCSE art back the following autumn.