Panel C.1; Fair Use and Fair Play: Copyright and Legality Issues in the Classroom

Speaker #1, “Am I Going to Get Sued For This?” Fair Use and Fear in the Digital Classroom”; Quinn Warnick, Iowa State University

Starts w/ three scenarios

States that educators are particularity vulnerable to the law

Law is woefully inadequate

Goes into w/ the code: history background. Scope Title 17: 39,490 words, section 107: 147 words (~ didn’t get the # down)

Discusses the terms “classroom” in 107: What is the classroom? What about online classes? Use outside of the room?

Section 107 doesn’t mentions actually people: doesn’t mention teachers, critics, reporters, no human arbitrators, also no authors, very passive

No clear author of 107 or the law in general either—the founders or the courts or congress all problematic

1st factor is circular: “the purpose…whether.. [for] commercial or nonprofit educational purposes”

2nd factor: also focuses on purpose

3rd factor: no definition of substantially, no magical word count or %

4th factor: users must consider monetary value now and future (how can we do that?), what about other values

Reproductions: very dated definition copies or phonorecords (only two provided reproductions definitions)

The copyright office:

  • limited materials including the 23 page document for educators last undated in 1995
  • suggests always get permission as it can be confusing
  • says it cannot provide legal advise
  • no help from them

-limited resources often

Where can we go for help?

  • CCCC-IP (not to self:look into this)
  • EFF
  • Chilling effects website
  • Article in Kairos OLD + OLD + OLD = NEW

4 solutions

  • Copyright office should have discussions w/ academics before law revised
  • Universities should more assertively support instructors in fair use cases
  • Professional organizations should advocate for change
  • Individual instructors must attempt to understand and not “surrender their rights out of ignorance”

Speaker #2, “Parody and Penalty: Online Identity, Creativity, and the Law” Elizabeth Vincelette and E. Ashley Hall, Old Dominion University

Showed a great parody video on youtube: Condi Rice Raps

While popular it is not clear if it is legal

Must rethink parody in a network culture

Analyzes Condi Rice raps video
Is using an popular song an effective rhetorical method: both recognize but engage in new message
Sampling: can be described as breaking text into layers
Some call this pilferage, others as a process of reanimation

Three layers:

  • Video: CSPAN
  • Music: taken wholesale
  • Text of song and content of video remixed

Remix: draws on/plays off of old to make sense of new

When students switch to producers our jobs get tricky: What do we do when they try to enact what we teach them? But we are largely unprepared when they are responding in ways beyond the written text

Students new media composition are often consider illegitimate, can be effective but illegal

No easy ways to quote/give credit for used works, and often leads to copyright issues [although plagiarism and copyright are different things, giving credit does not necessarily make the use of copyrighted materials more legal]

Speaker #3, “Open Source as a Sponsor of a New Literacy: Does Literacy Still Require Permission”; Annette Vee, University of Wisconsin

Setup her presentation as a FAQ, which she explains

Why is computer programming a literary?

Literacy can force us to consider more deeply how literacy in communication technology works now

What exactly is literacy?
-A facility w/ and information technology that allows communication

Writing is a technology

Why proceduracy? Why not just “computer literacy”?

  • Works w/ dynamic information a way of codifying processes or procedures
  • Programs must be written for people to read and only coincidentally computers

What are “sponsors of literacy”?

  • Literacy as a resource to pursue better lives
  • Any agents who enable, support, teach, model, recruit, regulate, suppress or withhold literacy (part of quote)
  • What are the sponsors of proceduracy?

    • Our government
    • Electronic arts deals<
    • open source: 97-99% of the open source is male (!!!)
      • Not all is free ~ 40% contributed by people who are paid to do it
      • Types of developers: core developers, code contributors, bug fixers, bug reporting, beta testers, downloaders (listed as smallest #s to largest form core to out)
      • Using forces a higher level of interaction

    How does one join an OSS project?
    : one question results in a lot of literacy narratives

    Is the OSS community open to new developers?

    • Can be relatively hostile, people must prove self before allowed to play w/ core areas, skills depends on context
    • Smaller projects more open, better places to start


    • Where do we get the specific length standards (copyright) some places employ?: Legal cases that may apply in only a state or a few, but no guarantee
      Security officer of tech at one school: 5% of time a few years ago to 60% today
      As we get more transparency we can challenge the take down requests
      Culture has to change to get us there
    • Asking permission to use copyrighted works can lead to the erosion of future fair use. If we start down that road we’ll have to ask for everything. Fair use is supposed to create a safe spaced so we do not have to ask.
    • What about the companies that put the notice son that it cannot be used in any way. Any negative impacts?: Quinn’s dream is to have a class action lawsuit against these corps that are overstating their rights. FBI warning scares consumers and is far overstated.

    Something to say?