Composition and Copyright

Ryank

Description

Drawing on connections between legal developments, new media technologies, and educational practice, Composition and Copyright examines how copyright law is currently influencing processes of teaching and writing within the university, particularly in the dynamic contexts of increasing digital literacy, new media, and Internet writing. Contributors explore the law's theoretical premises, applications to writing classrooms, and the larger effects of copyright law on culture and literacy. Central to the volume is the question of what may constitute "infringement" or "fair use," and how the very definitions of these terms may permit or prohibit specific text-making activities. The essays cover a range of subjects, from students' appropriations of Internet images to using blogs in the classroom to the efforts by universities to claim legal ownership of professors' teaching and research materials. As new technologies and legislation are overturning traditional notions of intellectual property, this volume offers ways to navigate the issues in terms of pedagogy, research, and creating new media texts within the current legal framework.
Introduction
Steve Westbrook

I Defining Cases and Contexts: Copyright, Digital Ethics, and Composition Studies

1. Property, Theft, Piracy: Rhetoric and Regulation in MGM Studios v. Grokster
Jessica Reyman

2. Fair Use and the Vulnerability of Criticism on the Internet
Sohui Lee

3. “Some Rights Reserved”: Weblogs with Creative Commons Licenses
Clancy Ratliff

4. In Defense of Obfuscation: Questioning Open Source and a New Perspective on Teaching Digital Literacy in the Writing Classroom
Brian D. Ballentine

II Teaching the Conflicts: Copyright Law in Pedagogical Theory and Practice

5. A Refrain of Costly Fires: Visual Rhetoric, Writing Pedagogy, and Copyright Law
Steve Westbrook

6. Beyond the Wake-up Call: Learning What Students Know about Copyright
Lisa Dush

7. Ideas Toward a Fair Use Heuristic: Visual Rhetoric and Compositiont
Martine Courant Rife

8. Blogging Down: Copyright Law and Blogs in the Classroom
TyAnna K. Herrington

III Concluding Polemics: Changing the Future of Composition and Copyright

9. The (Re)Birth of the Composer
John Logie

10. Own Your Rights: Know When Your University Can Claim Ownership of Your Work
Jeffrey R. Galin

List of Contributors
Index

Sujets

• Communication studies

Informations

• Publié par: State University of New York Press
• Date de parution: 09 avril 2009
• Nombre de lectures: 2
• EAN13: 9781438425993
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

This page intentionally left blank.

Composition and Copyright

This page intentionally left blank.

Composition & Copyright Perspectives on Teaching, Text-making, and Fair Use

EDITED AND WITH AN INTRODUCTIONBY S TEVE W ESTBROOK

Published by State University of New York Press Albany

© 2009 State University of New York

All rights reserved

Printed in the United States of America

No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.

For information, address State University of New York Press, 90 State Stree, Suite 700, Albany, NY 12207

Production by Marilyn P. Semerad Marketing by Michael Campochiaro

Library of Congress Cataloging-in-Publication Data

Composition and copyright : perspectives on teaching, text-making, and fair use / edited and with an introduction by Steve Westbrook.  p. cm.  Includes bibliographical references and index.  ISBN 978-1-4384-2591-7 (hardcover : alk. paper)  1. Fair use (Copyright)—United States. 2. Copyright—United States. I. Westbrook, Steve, 1973-  KF3020.C66 2009  346.7304'82—dc22 2008024280

10 9 8 7 6 5 4 3 2 1

I

1

2

3

4

Introduction Steve Westbrook

C ONTENTS

Defining Cases and Concepts: Copyright, Digital Ethics, and Composition Studies

Property, Theft, Piracy: Rhetoric and Regulation in MGM S VT UDIOS . G ROKST ER Jessica Reyman

Fair Use and the Vulnerability of Criticism on the Internet Sohui Lee

“Some Rights Reserved”: Weblogs with Creative Commons Licenses Clancy Ratliff

In Defense of Obfuscation: Questioning Open Source and a New Perspective on Teaching Digital Literacy in the Writing Classroom Brian D. Ballentine

II Teaching the Conflicts: Copyright Law in Pedagogical Theory and Practice

5

A Refrain of Costly Fires: Visual Rhetoric, Writing Pedagogy, and Copyright Law Steve Westbrook

v

1

9

31

50

68

93

vi

6

7

8

CONTENTS

Beyond the Wake-up Call: Learning What Students Know about Copyright Lisa Dush

Ideas Toward a Fair Use Heuristic: Visual Rhetoric and Composition Martine Courant Rife

Blogging Down: Copyright Law and Blogs in the Classroom TyAnna Herrington

III Concluding Polemics: Changing the Future of Composition and Copyright

9

The (Re)Birth of the Composer John Logie

10 Own Your Rights: Know When Your University Can Claim Ownership of Your Work Jeffrey R. Galin

List of Contr ibutors

Index

114

133

154

175

190

217

221

Introduction

STEV E WESTBROOK

Five years ago and fresh out of graduate school, I accepted my first tenure-track job at a small university. I had been trained in composition pedagogy. I had completed a dissertation that focused, in part at least, on the ways that new media texts challenged print culture’s conventions of genre and contested perceived divisions between the academic enterprises of composition-rhetoric and creative writing. On the side, I had become proficient with programs like iMovie, PowerPoint, and Photoshop, which I used to compose new media texts that combined my own writings with appropriations of the sounds and images of others. In theory, I was prepared to teach new media composition and to take on one of the major tasks of my new job: to help create a writ- ing program that blurred the boundaries between rhetoric and poetics, print and digital composition. Like most new professors, I quickly experienced the shock of experientially understanding the distinction betweenlearning aboutteaching writing and designing writing programs andactually doing so. Although I mainly experienced what might be called the disillusionment of an ordinary grad-school idealism, I found myself positively deficient in at least one area. Despite my training, I was woefully naïve about intellectual property and copyright law; quite simply, I did not know how recent legal developments could affect my own and my students’ freedom to produce and circulate new media compositions.

1

2

S T E V E W E S T BRO OK

I became quickly aware of this problem when Sara, a student enrolled in one of my classes, was prohibited from posting a digital text she had designed in class on her own website. In short, she had created a feminist counter-ad (akin to the sorts produced by Adbusters) that relied on images appropriated from an original Maybelline advertisement. Maybelline’s parent company, L’Oreal, refused requests for permission and claimed ownership to Sara’s text under copyright law’s provision of rights to derivative works; in fact, L’Oreal’s legal representative responded to my own inquiry by, first, claiming they had a blanket policy of rejecting permissions for what they called “viral ads” and, second, suggesting that I contact an attorney should I choose to pursue the matter further. I have narrated this experience at length elsewhere (see “Visual Rhetoric in a Culture of Fear,”College English68.5 [2006]: 457–80) and relate it here only briefly to reveal the shock of my sudden awareness about a matter for which I had not been prepared. Through this experience, I came to understand the discrepancy between, legally speaking, what might be done in the classroom and what might be done in the public sphere and, per- haps more generally, what I needed to know about copyright law as a teacher of writing in the twenty-first century. I begin with this anecdote for another reason as well: the story is not exclusively my own. That is, as the technology of writing changes at an unprecedented pace and as legislation struggles to keep up with these changes, most of us who teach text-making find ourselves facing the subject of com- position and copyright in one capacity or another, whether we are concerned with tracking down permissions for our publications, wondering who may claim legal ownership to the work we produce for our employing institutions or agencies, or deciding how to advise students when they want to appropri- ate images or lyrics from the Internet. In fact, as the nascent but growing body of scholarship on the subject suggests, copyright law’s effect on composition has become a rather exigent matter in our professional lives. While the amount of scholarship addressing the subject is far from ade- quate for the current demand, it has been developing quickly since the found- ing of the Conference on College Composition and Communication’s Caucus on Intellectual Property (CCCC-IP) in 1994. Martha Woodmansee and Peter Jaszi’s “The Law of Texts: Copyright in the Academy” (1995) and Andrea Lunsford and Susan West’s “Intellectual Property and Composition Studies” (1996) offered early calls for an increased awareness of how developments in copyright and intellectual property laws threatened to affect the practices of students, scholars, artists, and teachers. Since the publication of these two seminal essays, the scholarship has been diverse in form and varied in subject.