Revolution Lullabye

June 24, 2015

Meyers, Power, Fear, and the Life of the Junior WPA: Directions for New Conversations

Meyers, Susan. “Power, Fear, and the Life of the Junior WPA: Directions for New Conversations.” WPA: Writing Program Administration 33.1-2 (Fall/Winter 2009): 152-162. Print.

A review of two books:

Dew, Debra Frank and Alice Horning, eds. Untenured Faculty as Writing Program Administrators: Institutional Practices and Politics. West Lafayette: Parlor P, 2007.

Enos, Theresa and Shane Borrowman, eds. The Promise and Perils of Writing Program Administration. West Lafayette: Parlor P, 2008.

In her review of these two collections, which focus on junior (untenured) WPAs, Meyers uses her own perspective (as someone who is about to start a jWPA job) to explore the current conversations around jWPA work. Meyers points out the contradiction apparent in these two collections and in other conversations about jWPA work: many senior scholars in the field (Horning, White, Roen) warn junior faculty against accepting a jWPA position, yet many new faculty take on these positions because of the realities of the job market and because they have administrative coursework and training in their doctoral programs. Meyers explains that there are two repeated (and inextricably related) ideas that come up in conversations about jWPA work: power and tenure. She argues that the fear that saturates the narratives about jWPA work needs to be “managed”: “otherwise,” she points out, “we may become immobilized by fear itself, rather than working to improve our situations” (154).

Meyers names five categories of warnings she saw repeated in the collection: “problems of resources, politics, market forces, job advancement, and job satisfaction” (156). The most often-cited resources that jWPAs lack are time, credibility, and authority.

Meyers makes a distinction between power that emerges from control and power that emerges from authority. She advocates for jWPAs to work towards increasing their power via increasing their authority within their own institution, and she offers five strategies for doing so: 1. Know your context; 2. Be realistic with program design; 3. Do not be alone; 4. Understand your value; and 5. Use your rhetorical tools (160-161).

Notable Notes

The idea of the “fourth dimension” of jWPA work – administration. Make sure that this is visible in tenure and promotion files.

The fear in jWPA scholarship emerges from 1. The idea that WPA work won’t be valued in tenure and promotion and 2. That my administrative work will take up so much time that I won’t be able to do the other things I need to do in order to get tenure.

Central argument of Promise and Perils: “these testimonials and reflections suggest that a central peril of WPA work is the inherent conflict of scholar-administrator identities. In response, they call for more tenure-line positions and more explicit promotion criteria.” (155)

Untenured Faculty as Writing Program Administrators is more theoretically-minded, practical – making an argument against jWPAs but giving recommendations about how to structure these jobs ethically

We can increase our authority by demonstrating our value and the value of our programs, by developing strategies to negotiate for things that are important.

Quotable Quotes

“This sounds indeed like a no-win situation: As jWPAs, we are commissioned to do work that is not valued and that jeopardizes our future. In this context, we are never blessed with power. And that is, indeed, the fear: we are powerless now, and powerless we will remain. Unless, of course, we can find ways both of making ourselves valuable and of managing the obstacles that administrative work always entails” (154).

“The general message of both books is clear: The dangers that jWPAs face are real, and we have not yet done enough to address the situation” (152).

“Without the requisite authority—or even a clear set of objectives—in their work, jWPAs are more prone to becoming involved in a variety of levels of conflict. In large part, this potential for political tensions results from the nature of WPA work itself, as well as jWPAs’ novice stature. Although they are usually members of English departments, writing divisions, or other institutional units, jWPAs typically cross institutional lines, finding themselves involved in—and sometimes at odds with—the interests of both their home departments and their institutions at large.” (157).

“I believe that what WPAs should seek is power-via-authority, rather than power-via-control.” (159). How can we work “within the boundaries our institutions,” knowing that we can’t control them?

“Focus on what you can change in order to improve your job conditions, and resist feeling defeated by what you cannot. Alongside these efforts, we are reminded to keep in mind all of the other facets of our work that we likewise do control. From the rhetorical choices that we make as we strategize program changes to the attitudes that we maintain about our roles and identities in our institutions, we actually do control many aspects related to professional success.” (159-160).

Bousquet, Composition as Management Science: Toward a University without a WPA

Bousquet, Marc. “Composition as Management Science: Toward a University without a WPA.” JAC 22.3 (2002): 493-526. Print.

Bousquet argues that composition has become complacent in the larger corporate university system, citing scholarship that promotes a “pragmatist” approach to writing program administration and rejects critical theory as “idealist.” Bousquet contends that real institutional change is only possible through collective action, and he points to both history and current union movements for better working conditions and pay for graduate students and adjuncts as evidence that change emerges from the action of collective labor, not by individuals, such as “lower management” WPAs. Bousquet’s argument relies on a Marxist reading of WPA work and current WPA scholarship, and his argument is a response to Porter et al’s Braddock-winning essay about institutional change and critique. Bousquet ultimate argument is that composition (as a field) and composition teachers would be best served if WPAs stepped away from their roles as lower managers, a role in which they support and enact the interests of the managerial university. Bousquet believes that composition should look like other academic disciplines, without a lower-level “manager” (WPA) and with tenure-track faculty lines, not adjunct labor or non-tenure-track instructorships or “parafaculty.”

Notable Notes

Central question: has composition/WPA strayed too far? Has it bought into the rhetoric of university management? And central claim: that organized labor and collection action is the only way to change the status quo and problems of composition labor, not WPAs. He imagines a model without a WPA.

Sections of his argument:

The Heroic WPA

  • Argues that the field has moved away from critical lenses and “toward institutionally focused pragmatism, toward acceptance of market logic, and toward increasing collaboration with a vocational and technical model of education” (495-496).
  • Defines the “heroic WPA” as a new figure in the field, connects it to Marx’s “’special kind of wage-laborer,’” “the members of the working class whose particular labor is to directly administer the labor of other members of their class at the frontline of the extraction of surplus value” (498).
  • Labels WPAs as “lower management,” who have as much in common with workers (or more) than they do with the higher class that they might identify with. Lower management historically has not made changes: “Lower management is particularly vulnerable, highly individuated, and easily replaced” (497). Lower management often is not tracked to upper management advancement.
  • Argues that when someone becomes a member of the lower management, their class does not change (still a member of the labor class), but their loyalties change. (498)
  • Asks who the term “compositionist” (or “we”) refers to – the teachers? The WPAs? Those who teach or those who supervise/theorize? The field writ large? Who does it represent? (499)
  • Ties the emergence of the comp/rhet discipline to shifting structure in undergrad institution in the 1970s: more students with less TT faculty.

The Intricate Evasions of As: How to Be One of the Gang

  • composition is trying to be “one of the gang” in the academic institution, a respected discipline. So there’s two layered legitimacy crises in comp: one among adjunct labor, the other around WPAs/compositionists (502)
  • WPAs/composition have accepted the realities of the corporate university instead of contending them. One example he gives is FT NTT lines, which Bousquet argues is a way to get around tenure and to assert more “managerial control” over composition teaching faculty (505) – he thinkis is a step backwards to remove tenure, not a step forward. Asks why this is happening primarily in comp, not in other fields (lit?) (506-507).
  • WPAs (lower management) do not have a good track record for changing the working conditions of adjunct composition faculty. Unions and collective action do have a good track record for this. (507).
  • WPAs are more vulnerable to academic capitalism, market logic than faculty, who can resist it to some extent (508).

The Hidden Idealism of Managerial ‘Materialism’

  • One piece of evidence he cites as comp/rhet and WPA’s acceptance of managerialism and the corporate university is the emergence of “pragmatism” in WPA scholarship (509), of rejecting “ideals” for “realities” (509).
  • The pragmatist/movement point of view critiques the critical point of view for being “idealist,” but pragmatists are their own breed of idealists, accepting a managerial point of view. (511)
  • Asks why collective action, rhetoric of change by those disenfranchised, is being challenged in the academy (513)? Why has composition accepted pragmatism? Why aren’t we more skeptical? (515)

Toward a New Class Consciousness in Composition: Writing without a WPA

  • argues against the possibility of joining WPA and teacher interests, it’s impossible to combine the interests of management and labor. Sees such rhetoric as undermining collective bargaining
  • why haven’t we made composition real, tenure-track faculty?
  • Argues that WPAs should “shed” their identity as lower management – their role to “control” or administer or supervise – and to join again with their faculty.

Quotable Quotes

“Despite the evident sincerity of this line of inquiry [Porter et al, Harris, Miller, Murphy, Grimm], I’m profoundly unconvinced that a management theory of agency and what I call the rhetoric of “pleasing the prince” is particularly useful-much less necessary-to the project of transforming institutions. I prefer instead a labor theory of agency and a rhetoric of solidarity, aimed at constituting, nurturing, and empowering collective action by persons in groups.” (494).

“In this context, the ‘heroism’ of the heroic WPA consists precisely in his or her capacity to represent the interests of the ruling class as the interests of the workers (teachers and students) in their charge” (499).

“Understanding this intimacy as a structural relationship requires careful examination of the possibility that the heroic narrative of disciplinary “success” for professional and managerial compositionists has depended in part on the continuing failure of the labor struggle.” (499)

“Clearly, the emergence of rhetoric and composition into some form of (marginal) respectability and (institutional-bureaucratic) validity has a great deal to do with its usefulness to upper management in its legitimating the practice of deploying a revolving labor force of graduate employees and other contingent teachers to teach writing. The discipline’s enormous usefulness to academic capitalism-in delivering cheap teaching, training a supervisory class for the cheap teachers, and producing a group of intellectuals who theorize and legitimate this scene of managed labor-has to be given at least as much credit in this expansion as the heroic efforts that Porter and his coauthors call the WP A’s “strong track record for enacting change” (614)” (500).

“In my view, the problem of composition labor’s felt exteriority to the gang of professors cannot be separated from the problem of composition management’s felt exteriority to the gang of disciplines: the two structures of feeling are inseparably related along the “degree zero” of the material specificity of composition work-which is to say, work conducted in the scene of managed para-faculty labor.” (502)

“Professional composition, in my view, will never feel like “one of the gang” of disciplines until its labor patterns are more like those in other fields. (Of course, this equivalence could easily come about by the frightening but very real possibility-evidenced by clear statistical trends-that labor patterns in other disciplines will become more like those in composition, rather than the other way around.) To put it in blunt terms, so long as composition’s discourse remains a management science– or, alternatively, until history, engineering, and philosophy are management sciences to the same extent-it is likely to fail to enjoy the status it seeks: the status of a discipline among peers.” (502-503).

Contends that WPAs have less power than they think: “However, whether they do so logically, intuitively, or from the experience of essaying numerous “rhetorical strategies” with disappointing results, most also understand that there is little they can do about the labor system, either as individuals or as administrators. Indeed, perhaps the most important realization of the administrative subjectivity is that “having” administrative power is to be subject to administrative imperatives-that is, to be individually powerless before a version of “necessity” originating from some other source.” (507-508).

“The installation of managerialism as the core subjectivity of the discipline of rhetoric and composition is therefore not so much an indicator of the field’s “success” as evidence of its particular susceptibility, the very terms of its intellectual evolution intertwined with the university’s accelerated move toward corporate partnership, executive control, and acceptance of profitability and accumulation as values in decision making.” (508).

“Pragmatist idealizations of the market conceal the human agency in the creation and maintenance of markets” (510) – the idea that people created these economies and institutions, deliberately choosing market/corporate/private sectors over public

“In all of these and most responsible materialist accounts, human agency drives history. But in the pragmatist-managerial version of materialism, collective human agencies are conspicuously absent.” (511)

“In holding our gaze on the managerialism of composition discourse, we ultimately need to ask, cui bono? Who benefits?” (513).

“Furthermore, what a large sector of composition labor (graduate employees and former graduate employees working off the tenure track) “really wants” is not to be treated as colleagues, but instead to be colleagues. Nearly every participant in the composition conversation would like to see writing instructors become “more like” faculty – to have the chance to govern, enjoy an intellectual life, develop as an instructor, and enjoy better pay, benefits, protections, and security. But this hasn’t translated into a consensus among professional and managerial compositionists that writing instructors should actually be faculty. Why not? Isn’t composition work faculty work? Or is composition’s “faculty work” the supervision of parafaculty? “ (516).

Argues for a “new class consciousness” in composition that is grounded in “movement unionism” that unites all faculty “on the common experience of selling one’s labor in order to live and on the desire – widespread in the academy, but also common in many sectors of service work – to “be productive” for society rather than capital” (517).

“…perhaps the professional and managerial compositionist can likewise shed the desire for control and embrace the reality of collective agency. Are we so sure after all that what the professional compositionist “really wants” is “more control” over people he or she must creatively “treat as colleagues”? Perhaps what the professional compositionist really wants is to lay down the “requirement” to serve as WPA instead and to become a colleague among colleagues.” (517-518).

“In order to realize the scene of lower management learning to practice “institutional critique” and the “arts of solidarity” from labor, we will eventually have to reconsider the limits to thought imposed by pragmatism and to learn once again to question the “inevitability” of the scene of managed labor to composition. In my view, composition’s best chance to contribute to a better world and to achieve disciplinary status depend on learning to write as colleagues among colleagues-a condition predicated on working toward a university without a WPA.” (518).

June 23, 2015

White, Use It or Lose It: Power and the WPA

White, Edward M. “Use It or Lose It: Power and the WPA.” Writing Program Administration 15:1-2 (Fall/Winter 1991), 3-12. Print.

White argues that WPAs have positions of power, and they must develop ways to wield that power with other faculty, department chairs, and administrators in order to protect their writing programs. White uses his own experience, when his WAC program was attacked, to explain strategies WPAs might take to assert their power. White’s argument is laced with military metaphors. White rejects the notion that the WPA position is powerless: instead, he argues, the WPA has inherent power (whether it is “official” or “unofficial”), and those who are unwilling to take on this power should reconsider whether or not they want to be a WPA. White believes that WPAs should be tenured faculty members so that they might be in the best position possible to argue for their programs (and, in turn, for the teaching of writing.)

Notable Notes

White tells a story about coordinating a WAC program (outside the English department), and the Dean telling him that he was losing budget, release time, faculty development money. Explains institutional politics – without a WPA at the table of chairs, no one could fight for WAC. White moved the WAC program out of the School of Humanities to the Office of Undergraduate Studies, where it was protected.

Compares university politics to “foreign relations” (3)

Explains that power moves are explained passively, as if they “were the most reasonable and logical consequence of facts out of anyone’s control” (3).

Explains that many WPAs identify as scholars and writers, not “administration,” even though that is the work that WPAs find themselves doing (5).

Does give the caveat that he was tenured and “knew the ropes” (6).

In his argument, White explains that WPAs need to know “where the enemies of our program lurk, what their motives and weapons are, and how we can marshal forces to combat them. We also need to see where our allies are and find out ways to strengthen them and to keep them friendly.” (6)

Admits that his approach/perspective may seem “overly military” but acknowledges that this is the name of the administrative game (6).

lists the data WPAs should have (7)

Argues against jWPAs – don’t put yourself in a compromised position, power-wise.

explains how WPAs can promote the teaching of writing in their programs (9)

advocates as a WPA/WAC coordinator focusing on younger, untenured faculty rather than bothering with converting the “untameable” tenured faculty.

The kinds of power a WPA has with administrators: 1. Having a good program that satisfies students (and faculty); 2. Writing well-written memos, reports; 3. Gathering data about writing skills of students; 4. The national professional network of WPAs, which is very supportive

A WPA’s power in relation to English Departments mirrors the contested relationship with rhetoric and composition and literature, it depends on how the local English department has worked out that relationship.

WPAs have the final power – “to resign” (11)

Quotable Quotes

“So I had absorbed from the atmosphere [his previous experience as an administrator] certain lessons: recognize the fact that all administration deals in power; power games demand aggressive players; assert that you have power (even if you don’t) and you can often wield it.” (3)

“But my campus experience made inescapable the fact that my job as WPA included being canny with power; the WAC program would have been doomed if I had not fought back against that ‘real power’ and defeated it. I had discovered a kind of power that does not appear in flow charts, power that most WPAs have, and I was able to use it to save the program. What I did was refuse to accept the condition of powerlessness” (5).

“We must empower ourselves to do our jobs” (6).

“WPAs in general live schizophrenically, hating power yet wielding it, devoid of official power (for the most part) yet responsible for large and complex programs” (6).

“If we really don’t want to deal in power, we had better step aside, or we will be doing more harm than good” (6).

“A careful WPA will use the three basic weapons of bureaucracy to deal with these bureaucratic foes: good arguments, good data, and good allies, mixed with caution and cunning.” (7)

“The most difficult part of being a WPA is combatting those who only have scorn for our enterprise” (8).

“As every WPA knows to his or her discomfort, the staff tend to view the WPA as the boss, no matter how little power the position may in fact hold. Of course, some WPAs are the boss, with the power and the burdens that the term suggests; but most have only the responsibility of recommending hiring and changes of status. But the major power that comes with being perceived as the boss is the opportunity to improve the teaching of writing” (9)

“Certainly, the most important aspect of the WPA’s job (after survival) is the improvement of instruction. And most WPAs have substantial real and perceived power to accomplish that end” (9)

“Power is ultimately a matter of perception.” (11)

Administrators usually view faculty members who administer programs (WPAs) as more powerful than these faculty members view themselves (11)

“The WPA has much power inherent in the position.”

“This paper is, I notice, governed by military metaphors, not the kind of thing we are used to reading in these polite pages about writing and teaching” (12).

“The only way to do the job of a WPA is to be aware of the power relationships we necessarily conduct, and to use the considerable power we have for the good of the program” (12).

December 31, 2011

Dobrin, Introduction: Finding Space for the Composition Practicum

Dobrin, Sidney. “Introduction: Finding Space for the Composition Practicum.” In Don’t Call It That: The Composition Practicum. Ed. Dobrin. Urbana: NCTE, 2005. 1-34.

This introduction sets out the scope of the author’s edited collection, which explores the debates surrounding the graduate (sometimes undergraduate) composition practicum: the place of theory in the course, its curriculum, its aims, its ramifications for institutional politics, and its place in disciplinary research, scholarship, and identity.

Dobrin claims that the composition practicum is not merely about training teachers to teach composition or professionalizing those teachers; rather, what the composition practicum course does is enculturate those students “into the cultural ideologies of composition.” This fact, Dobrin claims, makes “the practicum one of the most powerful and important spaces of occupation in composition studies.” (21). He argues that composition studies should be more aware of the power the practicum has on the field as a whole.

Dobrin argues that the debates about the composition practicum are political in nature and centered on the perpetual divide and debate of theory/practice, and therefore the questions raised by the composition practicum are shared with the questions inherent in composition studies and writing program administration scholarship. Dobrin argues that the composition practicum is a particularly important site for the field to study, as it is where the identity of the discipline is often defined for the next generation of scholars; thus, the composition practicum is where the field’s “cultural capital” is created and perpetuated.

Dobrin surveys the history of the composition practicum at American universities since the turn of the 20th century, noting that not much has changed in regards to the incorporation of both theory and practice in the course and the political arguments that surround the course.

Quotes

“The practicum functions as a primary purveyor of composition’s cultural capital.” (6)

“Let’s face it, as a device through which ideologies are reinforced and programmatic cultures are created and maintained, the practicum course is a powerful tool not only for guiding the ways new teachers learn to think about their teaching, but also for controlling how and in what ways the very discipline of composition studies is perpetuated. The cultural capital of composition studies is maintained and immortalized by way of the practicum.” (4)

“Practica give shape and formula to the identity of programs. This notion of program identity is important because it carries cultural capital through to first-year students and what it means “to write.”” (26)

Notes

focuses on the graduate (TA) composition practicum course, which is often more than day-to-day advice and “how-to” practical help, serving instead as an introduction to composition theories and histories

central issue: legitimization (is the practicum course rigorous enough? Is practice critical enough? should the practicum course be given for credit?)

a challenge of the course: it is often the only course graduate student take in composition theory, history, or practice. It has a lot of ground to cover.

Some problems Dobrin addresses:

Much of the literature about teacher preparation and the practicum is grounded in the local – both because, perhaps, there is little other context, and also because the theory of what we do is so grounded in the relationships and experiences we have – it is practical (30)

1. the composition practicum is seen as an introduction to the field, but the field is not all about teaching and also not all about FYC (22)

2. requiring all English grad students to take a practicum reinforces the subordinate position of composition (as something students must do and be “trained” to do instead of what they want to do) (22)

3. A WPA’s approach in her program can often be traced back to the single composition practicum course that she took as a graduate student (27) – exponential influence

4. confusion of teacher/student identity: are those in the practicum teachers or students?

3. the composition practicum is an argument, forwarding a particular vision of professionalization and the field (through theories, methods, vocabulary) and is also a mechanism for “policing,” control and enculturation (24-25)

Guerra/Bawarshi’s essay in this collection looks at shifts between different WPAs in the same program: “cult of personality”

November 16, 2010

Hjortshoj, The Marginality of the Left-Hand Castes

Hjortshoj, Keith. “The Marginality of the Left-Hand Castes (A Parable for Writing Teachers).” College Composition and Communication 46.4 (December 1995): 491-505. Print.

Hjortshoj, the director of the stand-alone Cornell Writing Program, uses an allegory of the left-hand castes in Indian society, the artisans and smiths whose services were necessary but who were shunned by the others, to explain how compositionists could define what they have in common with each other across institutional and hierarchal lines. He notes that teaching writing is seen as messy, dirty work (not unlike custodial work) because it is: it is unpredictable, it is often difficult, and it happens invisibly the margins. Many academics, he contends, do not want to pull open the veil and reveal to others the difficulties they face as writers, the same problems that students struggle with. He argues that writing teachers and compositionists should strive to form programs or move to programs (as opposed to traditional departments) that value the kind of work that they do.

Notes and Quotes

“At research universities, especially, marginalized teachers (including teaching assistants) are most directly engaged with the interactive, exploratory, “hands-on,” transformative learning processes that university brochures advertise as the foundations of the undergraduate experience. By contrast, official ranking systems in these institutions, from undergraduate grading schemes to tenure reviews, privilege what is already known and already written, along with theory over practice, products over processes, individual achievements over col-laborative endeavors: being over becoming.” (503)

“paradoxal, unstable interdependence” (497).

written communication is fundamental to all academic discourse.

“What we teach, therefore, is fundamentally powerful and important, even if we are not. Within our institutions, writing teachers and their courses might be subordinated to all other kinds of instruction, but written language is not subordinate to anything.” (499)

“Like fire, language is essential, transformative, and potentially destructive. Most of the people I know, especially in academic institutions, are to some extent afraid of writing-daunted by the challenge of controlling language for their own purposes, and afraid that they might be controlled by language for the purposes of others. Writing teachers do not really control language. But the idea that we can or should control language makes us objects of fear or discomfort by association. Keeping us in our place-in a marginal, parenthetical relation to the rest of academic life-is a way of keeping the potentially disruptive power of language contained and disguised, though not altogether denied.” (501).

 He points out that the discoruse surrouding composition – that teachers of writing value their work but believe they are marginalized at the institution – comes into conflict with the fact that some compositionists are not in marginalized positions (deans, chairs, directors) and that a university-wide writing program is almost universally seen as a necessary and valuable enterprise in all US colleges and universities.

June 8, 2009

Logie, Peers, Pirates, and Persuasion

Logie, John. Peers, Pirates, and Persuasion: Rhetoric in the Peer-to-Peer Debates. West Lafayette: Parlor Press, 2006.

Logie addresses through rhetorical historicism five terms used to describe sharing in the peer-to-peer debates (hacking, theft, piracy, sharing, and war), arguing that in order to understand the basis of the arguments on both sides of the debate, we must throughly investigate the language through which those arguments are being made. He believes that current copyright restrictions, including DMCA and the TEACH Act, are limiting the potential of people to create new culture and ideas. Logie argues that the composition classroom, where students are taught about the social nature of composition, plagiarism, individual authorship, and intellectual property, is an important place to talk with students about the rhetoric, language, and arguments behind these debates and to teach them how they might argue for a copyright law that allows for the creative potential the Internet promises.

Quotable Quotes

“And while the stakes of intellectual property debates ultimately devolve to who gets paid how much and when, the mechanism for assuring fair compensation—a limited monopoly right—has profound consequences for the circulation and availability of cultural artifacts.”(8)

“Digital media offer opportunities to efficiently archive and access the bulk of artistic and intellectual work created since the dawn of humanity.

This is not an overstatement. The potential intellectual and social utility of these now-hypothetical archives is staggering. Our challenge is to engage in a principled argument about how best to achieve this goal. ” (21)

“[RIAA and other big media corporations] had persuaded most Americans that the act of downloading copyrighted material from the Internet—whatever the context and purpose—was illegal. This victory was achieved in large part because of the successful rhetorical strategies of the content industries. And once these industries had persuaded Americans that downloading was criminal, the logical next step was to ensure that it was perceived as

violent crime.” (66)

“The past decade’s major legislative amendments to copyright—in particular the Copyright Term Extension Act, the Digital Millennium Copyright Act, the No Electronic Theft Act, and the TEACH Act—collectively constitute a disastrous appropriation of rights, privileges, and opportunities formerly understood to belong to the public at large. At the very moment that the most powerful cultural tool in human history—the networked personal computer—has become both widely available and largely affordable, the U.S. is busily drafting laws that reinforce a copyright model optimized long ago for the circulation of print-based media.” (141)

Notable Notes

how ethos and pathos play into both sides of the debate, Burkean identification

no statistical significance on the economic effect of P2P sharing on record companies…Napster failed to show how most of its activity was not the theft of protected commercial property, but rather sharing of free culture for the public good

piracy = theft by force, kidnapping, murdering, violence

Napster, P2P file sharers aren’t targetted for downloading but for uploading – for distribution

sound quality of MP3 and CD – two different purposes

limits ability of cut and pasting with purchased Adobe e-books

Lessig, Free Culture

Lessig, Lawrence. Free Culture. The Penguin Press, 2004.

Lessig argues that current copyright law, coupled with digital technologies that allow big media corporations to regulate how their copyrighted content is used, is quickly eroding the public commons and our national tradition of a free culture. He uses an anecdotal, qualitative approach in this book intended for a general public audience, centering his argument on how piracy and property are defined and argued about. He focuses on peer-to-peer file sharing, showing that only a percentage of the P2P sharing that occurs actually is copyright infringement. Lessig argues that copyright law must adapt to the new technology of the Internet and be reduced in term and scope. He has lobbied (unsuccessfully) for the adoption of the Eldred Act, an act that does not change the long length of copyright protection given in the Sonny Bono Copyright Act of 1998, but does require copyright holders to register and pay a nominal $1 fee to renew their copyright. Lessig argues that copyright law with more formalities (digital registration and renewal), required renewal periods, a reduced term and scope for derivative protection, and a regulated compensation system to pay artists through P2P sharing is a copyright law that will restore the balance between protection and freedom, a balance that has been lost. He also advocates for authors and other creators of IP material to choose to protect their work under a Creative Commons license, a license that allows creators to extend the fair use of their work by others.

Quotable Quotes

“the future will be controlled by this dead (and often unfindable) hand of the past” – the problem with long copyright terms with uncertain owners, no one wants to risk expensive litigation.

“That while the Internet has indeed produced something fantastic and new, our government, pushed by big media to respond to this ‘something new,’ is destroying something very old” (13) – the tradition of free culture, copyright law and balance

“Free cultures are cultures that leave a great deal open for others to build upon; unfree, or permission, cultures leave much less” (30).

Notable Notes

importance of balance

allow for copyright protection for works that have commercial value. Since most of the works that are currently covered do not have value, free them up for cultural use

we need to teach our students to be producers of culture, not just consumers – this is hard in an increasingly copyrighted American world

copying – a central theme of both copyright and plagiairsm

corporations are using their political power to change copyright law in order to stifle Internet-based creativity, which will democratize the creative process and competition

43 million Americans do P2P sharing. Are they all criminals? The four different kinds of piracy, of P2P file sharing. HOw can it be good?

anticircumvention provisions of DMCA is restricting how we use content and be creative

May 31, 2009

Fisher et al, The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age

Fisher, William, et al. “The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age.” Berkman Center for Internet & Society at Harvard University. 9 August 2006. http://cyber.law.harvard.edu/publications/2006/The_Digital_Learning_Challenge.

This white paper explores how educational initiatives that use digital technology have been hampered or shut down due to copyright restrictions and common, usually conservative attitudes about  copyright regulations. After explaining some of the many challenges to using copyrighted digital technology in the classroom (TEACH Act restrictions, DRM technology, unclear fair use laws, costly rights or licenses, and cautious gatekeepers), they show how these challenges have specifically held up four different educational initiatives that they treat as case studies. The white paper concludes with some suggestions for reform, including opening up technology restrictions and access, developing educator best-practice guidelines that interpret fair use, and legal reform. The white paper is the end product of a year-long study with scholars, librarians, lawyers, and educators who investigated the relationship between education and copyright law.

Notable Notes

DRM – digital rights management (also TPM – technological protection measures) – technological encypting that allows manufacturers, publishers to control how their digital data is used, reproduced

case studies – 1. network for new history teachers to share lessons & materials (problem with the copyrighted works used in the creation of those lessons) 2. DRM technology interfering with how professors of film studies can use and select scenes from DVDs to screen in their classrooms 3. the creation of a database of American music (New World Records), subscribed to by libraries, meant to increase access and 4. new ways of distributing for public broadcasting stations don’t jive with their copyright allowances, which give them greater freedom to broadcast on TV

for digital technology to transform education, copyright law needs to be revisited.

different zones of the globe have different DRM encryptions so DVDs can’t be watched in other countries, allowing for movies to be released on DVD and in the theaters at the same time in different places.

May 26, 2009

Woodmansee and Jaszi, The Law of Texts

Woodmansee, Martha and Peter Jaszi. “The Law of Texts: Copyright in the Academy.” College English 57.7 (Nov 1995): 767-787.

Woodmansee and Jaszi show how the history of modern copyright is aligned with 19th century literary theory that privileges the solitary autonomous author, a theory that is currently outdated. Even though this theoretical foundation has shifted, copyright has not shifted with it, instead becoming even more restrictive. They argue that compositionists need to take the lead on framing and arguing for balance in copyright protection through 1. taking public stances on educational fair use and the extension of copyright protections and 2. changing their pedagogy from one that depends on the solitary author to one that teaches students about the collaborative, social nature of composing.

Quotable Quotes

“What is needed, in short, is an ethos of collaboration which would encourage students to acknowledge their debts, and a corresponding rhetoric of attribution to help them identify and name these debts – in place of the punitive rhetoric that is typically found in the chapter devoted to the research paper in our current composition textbooks and handbooks” (784).

“The intellectual commons on which we may draw freely as writers and readers, scholars and teachers, is shrinking fast” (772).

“The enclosure of the public domain” (772).

fear of “worldwide uncontrolled piracy” (from “Controlling Electronic Rights” Rights 6.2 (1992): 3-4.)

Notable Notes

extending copyright and restricting fair use – Kinkos photocopying case (does not recognize authorship as arranging and selection, Romantic understanding of the author); absolute 1st publication right restricts the use of unpublished materials

academic writers don’t need the protection of copyright for financial reasons, they write books for status, tenure, not direct profit, so they can turn to copyleft protection

May 18, 2009

Litman, Choosing Metaphors

Litman, Jessica. “Choosing Metaphors.” In Originality, Imitation, and Plagiarism. Eds. Eisner and Vicinus. Ann Arbor: U of Michigan P, 2008. 13-26.

Litman argues that the metaphors used to understand copyright protection and fair use have changed in the past thirty years, a change that has paralleled growth in copyright protection and restrictions in fair use. Copyright, when first conceived, was a balanced bargain between the author and the public, but has now shifted to a system of incentives, one grounded in the belief that more protection and control will result in more works of authorship and financial gain for authors. Fair use is now seen as a loophole that needs to be plugged, and piracy has shifted from the large-scale acts of criminals to describe individual unauthorized acts, for profit or not. These changes in metaphors have occured at a time when there is the digital technology to enforce tighter restrictions and control over intellectual property. Litman argues that copyright should not control how someone chooses to consume a work after its initial distribution.

Quotable Quotes

The expansion of copyright has “blinded many of us to the dangers that arise from protecting too much, too expansively for too long” (14).

Copyright has now become “property that the owner is entitled to control” (17).

Notable Notes

distinction of piracy today to any individual doing any unlicensed activity (21.) It’s not enough (or shouldn’t be enough) that this unauthorized behavior could result in detremental effects. Those detremental effects should be accounted before prior to accusing someone of piracy. Everyone has always copied and shared intellectual material – that’s the name of the game.

move to limit legitimate owners of copyrighted material from doing what they please with it (19) first sale doctrine, right to reread, loan, sell, give away

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