Revolution Lullabye

May 18, 2009

Rife, “Fair Use,” Copyright Law, and the Composition Teacher

Rife, Martine Courant. “‘Fair Use,’ Copyright Law, and the Composition Teacher.” In Originality, Imitation, and Plagiarism. Eds. Eisner and Vicinus. Ann Arbor: U of Michigan P, 2008. 145-156.

Rife argues that students and educators need to study fair use within copyright law, because, as she shows by explaining the five Supreme Court cases that deal with fair use, even the court rulings are vague on what exactly is protected under fair use. Fair use allowances have increasingly been restricted so that now you can be in copyright infringment for the unauthorized use of copyrighted materials, not just for making a profit off of them (like selling your term paper.) Rife advocates for composition teachers to be proactive instead of living in fear, leading campaigns to rewrite university guidelines about fair use if they don’t agree with them instead of quietly subverting them.

Notable Notes

overview of fair use US Supreme Court and lower court case (including MGM v. Grokster (2005) and Kinkos case)

court decisions are often based on market impact – public good takes a backseat

copyright protection is automatic and includes four rights: the right to reproduce, publically display, perform, and prepare derivative work. Creative Commons licenses allows authors to opt out of some of those rights.

Lessig: we overrely on fair use to authorize unauthorized use. Instead, change the law from automatic full copyright protection

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

February 13, 2009

Hansen, Consuming Composition

Hansen, Kristine. “Consuming Composition: Understanding and Changing the Marketplace of College Writing.” In Market Matters: Applied Rhetoric Studies and Free Market Competition. Ed. Locke Carter. Cresskill, NJ: Hampton Press, 2005. 243-269.

The public school system and higher education need to establish K-U partnerships and state curriculum boards that will allow them a space in which to develop and share goals, values, and curricula, enabling them to together reframe education in terms of outcomes rather than as a commodity. Hansen shows the need for such collaboration by illustrating how the lack of communication between secondary schools and colleges (highlighting writing curricula and expectations) leads to the rise of for-profit corporations offering college credit for courses that aren’t equivalent, intellectually and developmentally, to college courses. She targets AP classes and dual enrollment classes, arguing that their popularity stems from a new consumer perspective on education: students and parents see them as economical and efficient, the chance to get three college credits for under $80. The belief that it is possible to buy an education, that courses offered at an online-only institution like University of Phoenix or by under-trained AP high school teachers offer the same educational value to students as a college course, is false and disadvantages students. Compositionists need to work to establish these K-U partnerships if they hope to compete against the attractive, if low-quality, opportunities being endorsed at the high school level.

Quotable Quotes

“With more diverse offerings and better articulated purposes and outcomes for writing instruction, it would be easy to persuade (or require) students to get more education in writing at college regardless of the kind of instruction they had in high school or how good it was” (267).

“[Parents and students] take the credit hours the student has earned as a token of preparation, rather than asking for other evidence of the students’ readiness to write successfully in college” (259).

“When the private good of selective higher education bumps up against the quasi-public good of nearly universal secondary education, the latter is seen as outdated, inefficient, and weak” (255).

“Universities are construed as sites of production, professors as laborers, courses as products, and students as consumers of those products” (246).

“Education is increasingly viewed as tantamount to a product to be purchased, rather than as a long-term process that promotes the development of individuals’ intellectual, social, and personal abilities, preparing them for the demands of participation in a democratic society” (243).

Consumer culture: it is possible to buy an education – not go through a “laborious process of maturing and developing under the guidance of mentors” (248).

Notable Notes

public good v. private good

the actual economic value (not even counting educational value) of selective higher education institutions is much, much higher than less selective higher education institutions (more scholarships, resources, etc.) High school merit is crucial for success in higher education in this way

capitalist economic marketplace goals and pressures have been folded into education

commodification, consumer culture

the junior year of high school is the last one that counts for college entrance; the senior year is largely wasted – final stage of secondary school is mismanaged and allows for AP and dual enrollment programs to enter the high schools, offering credit hours to be used to exchange.

issues with AP and dual enrollment: teacher training, inconsistent curriculum, supervision, no screening of students, some students taking it for high school credit and some for college, the money made in the system

need to understand developmental needs of students K-U – create appropriate outcomes for writing at all levels. Expand writing courses at the higher education level.

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