Revolution Lullabye

May 26, 2009

Howard, Plagiarisms, Authorships, and the Academic Death Penalty

Howard, Rebecca Moore. “Plagiarisms, Authorships, and the Academic Death Penalty.” College English 57.7 (Nov 1995): 788-806.

University regulations and policy statements on plagiarism need to be revised to reflect the field’s complex understandings of authorship, composing, and plagiarism. These policy statements, which try to simplify and stabilize the dynamic, complex concept of plagiarism, are problematic because they uphold the Romantic ideal of the single, solitary author, they couch plagiarism solely on moral (not pedagogical) terms, and they define plagiarism through textual features without any consideration for a writer’s intent or context. Howard includes a sample plagiarism policy that she wrote that more accurately reflects the continuum of motivations and practices of plagiarisms, with a range of appropriate responses for patchwriting, failure to cite, and outright cheating and plagiarism.

Quotable Quotes

“The cumulative, interactive nature of writing that makes impossible the representation of a stable category of authorship and hence a stable category of plagiarism” (791).

“Sanctioning rather that criminalizing an important stage of students’ learning processes” (802).

Notable Notes

two sources to look at: Thomas Mallon’s Stolen Words – treats plagiarism through lens of solitary author – and Hull, Glynda and Mike Rose. “Rethinking Remediation: Toward a Social-Cognitive Understanding of Problematic Reading and Writing.” Written Communication 6.2 (1989): 139-154. – argues for imitation in comp pedagogy

why is plagiarism so offensive? It undermines what we believe in composition – that writing is discovery, expressionism, an understanding of the self

moral lens so that universities have to prosecute plagiarism: theft, integrity, secrets, crime, honor, citizenship

university policies don’t line up with current understandings and theories of authorship – collaborative, digital

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is aligned with 19th century literary theory that privileges the solitary autonomous author, a theory that is currently outdated.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

February 13, 2009

Halbert, Poaching and Plagiarizing

Halbert, Debora. “Poaching and Plagiarizing: Property, Plagiarism, and Feminist Futures.” In Perspectives on Plagiarism and Intellectual Property in a Postmodern World. Eds. Lise Buranen and Alice M. Roy, eds. Albany, NY: SUNY Press, 1999. 111-120.

Intellectual property laws and copyright should be eliminated in favor a view of intellectual property that emphasizes the creative potential of the commons and an attitude of acknowledging the sources of intellectual ideas and concepts. Such a view highlights the inherently social nature of creative activity, a perspective that challenges the patriarchal solitary author, who composes original thoughts and owns them as property through which to make a profit on. The alternative Halbert proposes is both feminist and postmodernist. Halbert also points out that arguments against plagiarism rooted in economic losses are misguided, explaining that plagiarism carries such weight because it is a personal offense and attack.

Quotable Quotes

“If we can emphasize a framework focused on sharing and exchange instead of personal ownership, then the concept of authorship as identifying ‘to whom something owes its origin’ is acceptable” (118)

“Unlike a tangible item, an idea can be shared by many and ownership of expressions can be difficult to enforce” (119).

“Plagiarism is about personal feelings, not profits” (117).

“For the feminist and the postmodernist, appropriation or plagiarism are acts of sedition against an already established mode of knowing, a way of knowing indebeted to male creation and property rights” (116).

“Intellectual property rights restrict the flow of texts” (116).

“Copyright produces a tension between how texts are created (a process that relies on textual paching, exchange, and sharing) and how texts are legally protexted (a process reliant on originality and private property)” (111)

Notable Notes

Outline of article: 1. explore partriarchal foundations (Locke and Hegel) of intellectual property and copyright law 2. look at current intersections of plagiarism, creativity, and property (case of Jeffrey Koons and “String of Puppies” wood carving) and 3. offer copyright alternative possibilities

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