Archive for September, 2012

Fair Use – New Discussions on Copyright and Learning Materials

(Pictured: “Open Source”, Randall Munroe – via his excellent webcomic xkcd, available under a Creative Commons Attribution-NonCommercial 2.5 license)

 

Fair use – defined as the limited use of copyrighted material for purposes of parody, journalism, commentary/criticism, or education – and intellectual property/copyright laws always cause confusion (what does ‘limited’ mean? what is intellectual property? is everything copyrighted? what about stuff on the Internet?). This is especially true  in the classroom, where we must not only know what it means ourselves, we must be able to articulate it to our students and have them understand what it means to their own academic/creative work.  Lawrence Lessig has been the most vocal  advocate of loosening copyright restrictions for appropriating the work of others for one’s own creative development. His book Remix is famous for calling for the “free culture” of knowledge sharing, creative use – the remixing/sampling – of art, media, literature, music, and more. Lessig also founded Creative Commons, a copyright and free use hub for artists of all media persuasions and creative Web surfers looking to share their own work or use other people’s work.

A recent court ruling has brought the issue of Fair Use back into the news, as Oxford University Press, Sage Publishing, and Cambridge University Press sued Georgia State University’s online reserve for copyright infringement. From Harvard University’s Derek Bok’s Center blog, we highlight some key summaries of findings from the case of Cambridge University Press vs. Becker, and what it means to educators:

“The short story is that, in the face of potentially far more prohibitive measures, CUP v Becker ruled that, in most cases, one chapter in a book of ten or more chapters (and 10% of a book with fewer than ten) is generally considered the limits of “fair use.” So, if you’re looking for a rough benchmark, there you go. But, of course, it’s not really THAT simple.”

1: The “character” of the use. The ruling states that educational purposes strongly supports Fair Use. So far so good.

2: “The nature of the work being used.” This is more problematic. The judge ruled that there is a greater scope for Fair Use if the work is factual, or non-fictional. “Creative” works have a more restricted Fair Use application. For a lot of humanities and social sciences, this also supports Fair Use. Tough luck, Literature, I suppose – and for a wider swath of educators who use “creative” texts in the classroom.

3: How much of the work is being copied. Here are the brass tacks: According to the ruling, for works with ten chapters or more, the use of one chapter is fair. Under ten chapters, 10% of the total pages (including bibliography, index, etc.) is fair. On one hand, this could be worse. But 10% of a monograph can really come fast. Compilations, that is, multi-authored works, are to be considered as one text.

4: How the use could affect the potential market or value of the copyrighted work. The ruling is weighed against Fair Use if it would result in a financial loss to the holders of the copyright. This is where things get tricky. After all, how is the average professor or TF supposed to know or quantify these criteria? However, Judge Evans qualified this factor, stating that it would significantly favor publishers, AS LONG AS a license in an appropriate format is both readily available and at an appropriate price. In other words, if the publisher does not have a reasonably priced (and accessible) licensed digital version, then the scales tip back to Fair Use. And as things stand now, most publishing houses don’t provide such an option.

(Bolded items mine)

I know that some faculty vaguely understand the restrictions of copyright, fair use, and intellectual property – they are usually the holders of either a copyrighted work or intellectual property. Students, however, are probably much less clear on what constitutes copyrighted material, how to get permission to use such material, and the pervasive idea that “if it’s on the Internet, doesn’t it belong to everyone?”. While the judgement in the above case certainly helps clear up some confusion for educators – we know more exactly what we can use and what we can’t, as well as providing academic publishers with an incentive to make licenses more affordable – for students this is less helpful when creating their own work, perhaps through appropriation, or remix, of other people’s work. The following may provide a useful guideline- modified as necessary for your course and the coursework you are assigning for your students (note the phrasing in the second-to-last paragraph is particular to a course on digital rhetoric and literacy). Below that I’ve posted a couple really useful Fair Use & Copyright informational resources.

(courtesy of Professor Caroline Dadas, Assistant Professor, English, Montclair State University)

Some thoughts on Copyright and Fair Use:

Copyright (an author’s exclusive right to his/her writing or discovery) is established by the U.S. Constitution. Prior to 1976 authors had to register a copyright of their work, but after 1976 all work is automatically copyrighted. This means that the following are all protected by copyright:

  • alphabetic text
  • designed alphabetic text (HTML files)
  • images (.JPG, .GIF)
  • audio (.WMA, .MP3)
  • video (.MPG)

To promote the exchange of ideas, there is the Fair Use Clause which allows for the copying of portions of a work provided that: the purpose is non-commercial, only a portion of the work is used, the work is credited to the original author, and the use of the work does not infringe upon the gain an author might have from their original work.  Fair Use applies in instances of “criticsm, comment, news reporting, teaching, scholarship, or research” (US Code 17, Section 107).

So, if you are using copyrighted texts, you should keep in mind the context: you are limiting your use of these images to a classroom, for the purposes of critique/comment. In this case, you are covered by Fair Use.

Even though all work is automatically copyrighted, it is possible to provide licenses of use that are less stringent than U.S. Copyright. Take a look at www.creativecommons.org for an example of licenses that are based on an ethic of sharing, copying, sampling, remixing.

Online Resources:

Stanford Copyright & Fair Use Center – http://fairuse.stanford.edu/

National Council of Teachers of English (NCTE) – http://www.ncte.org/positions/statements/fairusemedialiteracy

Works Cited:

“Lessig on Fair Use.” Independent Lens, Copyright Criminals, PBS. 10 Jan 2010. Web. 26 Sept 2012 <http://www.pbs.org/independentlens/copyright-criminals/fair-use.html&gt;

 “‘Fair Use’ – A Nightmare Averted?” The Bok Blog. 17 Sept 2012. Web. <http://blog.bokcenter.harvard.edu/2012/09/17/fair-use-a-nightmare-averted/&gt;

Managing your online persona as an educator

There seems to be a lingering question of how and if we present ourselves to students via social media. This post offers some good guidelines for managing your online presence, with a very useful collection of further resources at the bottom of the post. As always, please share your thoughts about interacting online with students and establishing an online persona as an educator.

Communicating With Students – Creating a Comfortable, Open Environment

Sending EmailTwo recent documents crossed my desk, one a study concerning sending welcoming emails to students one-week prior to the beginning of class (I know, this is a bit late for that, but still doable). The other discussed how to set boundaries on email communication, limiting digital clutter and establishing the rules and expectations on digital communication – which is probably especially important for those teaching hybrid/online courses. I thought I’d do a “welcome back!” post combining the strategies of these two studies, as a tip for setting the tone of out-of-class communication with your students, managing expectations and possibly limiting stereotypes and prejudices.

The study was conducted by Angela Legg and Janie Wilson in 2009. They found that sending a welcoming email to students one-week prior to class increased student’s motivation, fostered a positive attitude among students towards the instructor and the course, and increased student retention. Their study builds on existing research that indicates that building a rapport with students and keeping an open line of communication can increase motivation, participation, attendance, and learning (cf. Buskist & Saville, 2004; Christensen & Menzel, 1998; Frymier, 1994). Their research operates as an extension of theories of immediacy behaviors, and was expected to be most effective along gender lines, especially appreciated by female students more than male. To read about these theories more fully, I recommend you read the full study (available via the link below), it’s not long and it’s informative about student behaviors and how we can anticipate and forestall negative attitudes and perceptions.

First impressions can set the tone – good or bad – for the rest of the semester (Nilson, 2003; Wolcowitz, 1984). Traditionally, first impressions are made on the first day of class, but a welcoming email (the authors also suggest first contact can take other forms as well, such as using a social networking platform) can build a relationship before you ever meet your students. Tips for sending a welcoming email:

  • Personalize the message, rather than send a mass, blind cc email to all your students.
  • Provide your full contact information, office hours, and preferred method of contact (we’ll return to this item below).
  • Use a professional but approachable tone in your email, avoid excessive familiarity, attempts to be overly humorous, crude, or “hip”, stay on task by sticking to the connecting factor, your course. Striking just the right tone of friendly, open availability balanced with a professional, professorial air will carry over into your classroom environment.
  • Provide pre-reading opportunities (if applicable), list of texts, where they can be found (and publisher you prefer if applicable) and any other resources that may be helpful for students to get a jump on course work and/or come prepared to class.
  • Finally, invite questions! But, be sure you have the time and inclination to answer every email students may send your way. Let’s explore this question more now.

Courtesy of National Geographic, 2003

How much communication is too much? We have to be aware that, if we open the door to digital communication and invite a relationship via email or any digital platform, there may be other expectations set. The second piece I read was called “The Low-Information Diet: How to Eliminate E-Mail Overload & Triple Productivity in 24 Hours” by entrepreneur Timothy Ferriss, author of The 4-Hour Work Week (Crown, 2009). Though geared for a business audience, I found that many of the themes and suggestions of the article seemed particularly useful in relation to the study on welcoming emails and digital communication with students. It’s one thing to say, “I want my students to feel welcome to email me and ask questions”, but what limits do you set on your time, willingness to answer every minor email from students, and willingness to be available and expected to reply quickly? In an age where instant access and instant response are the standards, it is a wise move to set some boundaries and let students know what they can expect in their digital communications with you. By sending a welcoming email, you can influence attitudes, motivation, and even control some preconceived stereotypes or prejudices, but it’s worth limiting these communications – not at the expense of the student or relationship, but to strengthen them.

Ferriss calls email “the single biggest time waster in modern life” (4). He provides the following tips for setting boundaries for your email communications:

  • “Batching” Check email only once or twice a day, at set times. Turn off auto-alerts when you get a new email; it distracts you and interrupts productivity. Establish this rule of access in a template that is replicated (like a signature line) in each email – set up as an autoresponder or as an automatic amendment to each outgoing email. Here is a template [modified for educators]:

Greetings,

Due to a high courseload and pending deadlines [or research/teaching obligations], I am currently responding to email twice daily at 12pm EST [be sure to indicate your time zone] and 4pm EST.

If you require help with something that can’t wait until either 12pm or 4pm, please call me on my [cell/office phone] at 555-555-5555.

Thank you for understanding. I look forward to working with you this semester.

  • Either in your course syllabus or in your welcoming email, set expectations of what you will or will not respond to.
    • This means letting students know that if there isn’t a question to be answered, you won’t respond to email. This can be helpful for colleagues as well. It cuts down on the back-and-forth correspondence that plagues us all.
    • Here is a template [language modified for educators, particularly those that supervise others]:

Thank you so much for your message. I make every attempt to personally respond to each person who contacts me, but due to the high volume of e-mail I receive, this is sometimes impossible. Please be assured that I have received and have read your email. If your email requires a response, I will reply between the hours of [your email schedule]. Thank you for understanding and have a wonderful day!

Ferriss addresses several other tactics for limiting or eliminating digital clutter and the consequent demands on our time that accompany digital correspondence. The full report is available via the link listed below.

By first establishing a relationship through a welcoming email, and making sure to define the expectations and parameters of that relationship, you could increase positive student attitudes about you and your course, increase retention rates, and increase student motivation. As well, you are making sure that you can maintain that digital relationship by setting communication expectations, so you aren’t disappointing or failing to respond to a student, which we all know, can sour the attitude of many a frantic student. It’s equally important to follow through on what you say. If you establish a schedule, stick to it.

I hope this proves helpful for your course and your relationship with students. I’m eager to hear your experience, so please comment or write and tell me what works for you. Have a wonderful semester!

References:

Legg, A. M. & Wilson, J.H. (2009). E-Mail From Professor Enhances Student Motivation and Attitudes. Teaching of Psychology, 36(3), 205-211. Available online at: http://www.tandfonline.com/doi/abs/10.1080/00986280902960034

Buskist, W., & Saville, B. K. (2004). Rapport-building: Creating positive emotional contexts for enhancing teaching and learning. In B. Perlman, L. I. McCann, & S. H. McFadden (Eds.), Lessons learned: Practical advice for the teaching of psychology, 2, 149–155. Washington, DC: American Psychological Society.

Ferriss, T. (2007). The Low-Information Diet: How to Eliminate E-Mail Overload & Triple Productivity in 24 Hours. ChangeThis, 34(4). Retrieved from http://changethis.com/manifesto/show/34.04.LowInfo.

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