Kamala Harris Surprises Young Artist by Putting His Painting on the Second Family's Holiday Card

[Ms. Toad]

19. Glad it turned out well - but several people need a lesson in copyright law.

- At least as the story is reported here.

Earlier this year, Berko's visual arts teacher provided him photos of the vice president's official residence and asked him to reimagine it in a wintry setting, leaving out important context about the purpose of the assignment.

Unaware at the time, Berko was entering a secret design contest — his painting would be judged against other D.C. students' submissions, and the winner would have their design printed on the second family's 2022 holiday card.

The moment your Berko's work was recorded in a form capable of reproduction, he owned the exclusive copyrights to the work (including the right to decide about the reproduction of his work. The work should not have been reproduced on the card without an express or implied license from Berko. Since there was a contest, the entry form usually grants at least an implied, if not express, license. But Berko apparently did not know his work was being entered, so the teacher who apparently entered on his behalf had no right to grant that right.

Can you imagine your reaction if your work was secretly entered into a contest for the Trump White House card - and you learned about it only after the cards were printed and sent out?