Conference on College Composition and Communication Logo

Registration and Housing Information

Registration and housing are now open for CCCC 2025.

Not an CCCC member yet? Save $90 on your registration by becoming a member today! Take advantage of this special opportunity to experience the value of CCCC and NCTE membership all year long. To join CCCC and receive the discounted rate on your CCCC 2025 registration, join NCTE and select the Conference on College Composition and Communication constituent group.

Registration Rates:

Register to Attend

Deadline for early-bird registration is 11:59 p.m. ET on Wednesday, March 12, 2025. Registration will remain open through the Convention.

  • CCCC/NCTE members: $240 ($280 after 3/12/25)
  • NCTE members: $270 ($315 after 3/12/25)
  • Nonmembers: $330 ($385 after 3/12/25)
  • Part-time/Retiree/Veteran: $115 (see the registration instructions for details)
  • Students: $70 (see the registration instructions for details)
  • TYCA-only registration: $170
  • TYCA and CCCC registration: $270 (registration for students is $240)
  • One-day rate, Saturday-only (non-presenters only): $120
    (Local attendees who are not presenting or otherwise listed on the Convention program who are available to attend the Convention on Saturday only can select this option.)
  • Half-day Workshops, Wednesday-only: $20
  • Full-day Workshops, Wednesday-only: $40
  • Saturday Workshops: $0

All registrants must agree to the NCTE Event Policies. All #4C25 presenters must register for the Convention.

Please Note: Refunds will not be given after March 12, 2025; prior to this date cancellations are subject to a $25 processing fee.

Visit the CCCC 2025 FAQ for further information.

Bringing Guests to the CCCC Convention
If you plan to bring a partner or family member, a dependent or other individual requiring care, or a caregiver onsite to the CCCC Convention, please contact CCCCevents@ncte.org as soon as possible. The NCTE events staff will prepare a guest badge to be picked up at the CCCC Convention registration counter. Minors will also need to have a release form completed by their guardian. All guests of registered attendees must wear badges while on the event premises.

Housing Information:

The 2025 CCCC Annual Convention will take place at the Baltimore Convention Center, 1 W. Pratt St., Baltimore, MD 21201.

The deadline to book housing is March 16, 2025.

Hilton Baltimore Inner Harbor

  • 401 W. Pratt Street, Baltimore, MD 21201
  • Connected to the Baltimore Convention Center
  • Headquarters hotel
  • Rate: $249 per night
  • Booking Link

Renaissance Baltimore Harborplace Hotel

  • 202 East Pratt Street, Baltimore, MD 21202
  • Two blocks from the Baltimore Convention Center
  • Rate: $171 per night
  • Booking Link

Hyatt Regency Baltimore Inner Harbor

  • 300 Light Street, Baltimore, MD 21202
  • Connected to the Baltimore Convention Center
  • Rate: $219 per night
  • Booking Link

Sheraton Inner Harbor Hotel

  • 300 South Charles Street, Baltimore, MD, 21201
  • Connected to the Baltimore Convention Center
  • Rate: $219 per night
  • Booking Link

Accessibility Services:

Any attendee requiring accessibility services should submit their request and specific needs by March 12, 2025. Requests can be made by emailing CCCCevents@ncte.org or through the Convention registration process (opening in fall 2024). After an attendee indicates that they are in need of accessibility services, NCTE will confirm receipt of the request within 10 business days and will provide information on the next steps. Please email CCCCevents@ncte.org with questions. NCTE and CCCC continue to strive for high-quality accessibility services for attendees requesting them, including ASL interpreting, CART, and mobility devices.

Saturday Keynote Session

Keynote Speaker:  Jose Antonio Vargas
9:30 a.m.–10:30 a.m.

Jose Antonio VargasJose Antonio Vargas  is a Pulitzer Prize–winning journalist and filmmaker whose work centers on the changing American identity. He is the founder of Define American, a nonprofit media and culture organization that seeks to elevate the conversation around immigration and citizenship in America. In 2015, MTV aired White People, a television special he directed on what it means to be young and white in America, as part of its “Look Different” campaign. In February 2016, Vargas launched #EmergingUS, a multimedia news platform he conceived focusing on race, immigration, and the complexities of multiculturalism.

In June 2011, the New York Times Magazine published a groundbreaking essay Vargas wrote in which he revealed and chronicled his life in America as an undocumented immigrant. A year later, he appeared on the cover of TIME magazine worldwide with fellow undocumented immigrants as part of a follow-up cover story he wrote. He then wrote, produced, and directed Documented, a documentary feature film on his undocumented experience. Its world premiere was at the AFI Docs film festival in Washington, DC, in 2013; it was released in theaters and broadcast on CNN in 2014, and it received a 2015 NAACP Image Award nomination for outstanding documentary. Documented is now available on various digital platforms.

Among other accolades Vargas has received are a Public Service Award from the National Council of La Raza, the country’s largest Latino advocacy organization; the Salem Award from the Salem Award Foundation, which draws upon the lessons of the Salem Witch Trials of 1692; and the Freedom to Write Award from PEN Center USA.

A very proud graduate of San Francisco State University ( ‘04), where he was named Alumnus of the Year in 2012, and Mountain View High School (‘00), he loves jazz, hip hop, and anything by Gershwin, and worships at the altars of Altman, Almodóvar, Didion, Baldwin, and Orwell.

  

Fields Needed to Submit a Proposal

Submit a Proposal

The proposal submission database is now open.
Proposal deadline for the 2025 CCCC Annual Convention is 9:00 a.m. ET on Friday, May 31, 2024.

Criteria and Guidelines

General information

Program Format

Area Clusters

Information Required to Submit

Grants and Travel Awards

The following information will be needed to submit your program proposal for CCCC 2025. All proposals must be submitted through the online proposal system by 9:00 a.m. ET on Friday, May 31, 2024.

Type of Session (select one)

  • Concurrent Panel (3 or more presenters only)
  • Roundtable Session (3 or more roundtable leaders)
  • Engaged Learning Experience
  • Individual 30-Minute Presentation (1-2 presenters)
  • Poster
  • Committee Meeting
  • Event
  • Cross-Caucus Event
  • Workshop – Wednesday Morning
  • Workshop – Wednesday Afternoon
  • Workshop – Wednesday All-Day
  • Workshop – Saturday Afternoon
  • Standing Group-Sponsored Panel
  • Standing Group-Sponsored Workshop: Wednesday Morning
  • Standing Group-Sponsored Workshop: Wednesday Afternoon
  • Standing Group-Sponsored Workshop: All-Day Wednesday
  • Standing Group-Sponsored Workshop: Saturday Afternoon
  • Special Interest Group/Business Meeting: Thursday
  • Special Interest Group/Business Meeting: Friday

Proposal Level (select one)

  • Two-year
  • Four-year
  • Graduate level

Title of Session (no more than 160 characters and spaces)

Abstracted Description (no more than 400 characters and spaces)

Description (no more than 4,000 characters and spaces)

Briefly describe the goals of the proposed session and the means by which those goals will be pursued. What should the audiences/participants take away from the session, and how will you help them accomplish that goal?

Do not refer to speakers/performers by name. If more than one presenter is included, identify separate presentations by “Speaker 1” and “Speaker 2.”

For SIGs, Standing Group, and Workshop proposals, please also specify meeting day and space needs.

Clusters

Please select the most appropriate cluster for your proposal from the list below. Your proposal will be reviewed according to the cluster.

1. First-Year Writing
2. College Writing and Reading
3. Institutions: Labor Issues, Professional Lives, and Survival
4. Writing Programs
5. Writing Centers (including Writing and Speaking Centers)
6. Community, Civic, and Public Contexts of Writing
7. Approaches to Teaching and Learning
8. Inclusion and Access
9. Histories of Rhetoric
10. Creative Writing and Publishing
11. Information Literacy and Technology
12. Language, Literacy, and Culture
13. Professional and Technical Writing
14. Theory, Research Methodologies, and Praxis
15. Antiracism and Social Justice
16. Writing Abundance

Sponsored By

If the session will be sponsored by a Standing Group or Special Interest Group, please enter the group name in this field.

Proposal Form Queries

Note: These are for panel, workshop, roundtable, and engaged learning experience sessions – not for individual paper proposals.

Submitters will be asked to note if the following are applicable to the proposal:

  • Our proposal includes a multinational slate of presenters or facilitators.
  • Our proposal includes presenters and facilitators with diverse career trajectories (e.g., undergraduate and/or graduate students; staff, tenured, tenure-line, and adjunct faculty).
  • Our proposal includes presenters or facilitators representing a diversity of identities (Black, Chicanx, Indigenous, Asian, 2SLGBTQIA+, multilingual, transnational, for example).
  • Panelists or facilitators in our proposal represent multiple institutions and institutional types.

Participant Information

The following information is needed for each participant:

  • Full Name
  • Email Address
  • Affiliation
  • Role
    • Chair
    • Speaker
    • Respondent
    • Roundtable Leader
    • Workshop Facilitator
    • Chair and Speaker
    • Chair and Roundtable Leader
    • Chair and Respondent
    • Workshop Facilitator and Speaker
    • Standing Group or Caucus Chair
    • Special Interest Group Chair
    • Group Leader
  • Session or Presentation Title
  • Willing to Serve as Documentarian?
Special Note for Proposal Submitters:
  • Please note that when you submit a proposal draft, a confirmation email will be sent to the 1st person listed on the proposal submission. Please make sure you, the submitter, is listed first so you receive the email as it will include information on re-entering the proposal system so you can edit the proposal, if needed.

 

Joyce Estate Retreats in Copyright Battle With Carol Loeb Shloss

Kim Dian Gainer, Ph.D., Radford University, Radford, VA

OVERVIEW

Carol Loeb Shloss is a James Joyce scholar who teaches at Stanford University.  Her attempt to write and publish a biography about Joyce’s daughter (Lucia Joyce: To Dance in the Wake [Farrar, Straus and Giroux, 2003]) was met with threats of litigation by the estate of James Joyce.  As a result, material that arguably should have fallen under the aegis of fair use was stripped from the book.  Her attempt to provide scholars with the missing material via a web-based electronic supplement was also met with threats of litigation.  With the help of the staff of the Fair Use Project of Stanford University’s Center for Internet and Society, Shloss brought suit in federal court in an effort to win a ruling verifying that her intended use of the material was indeed protected by the doctrine of fair use.  The suit was filed in June of 2006, with an amended suit being filed in October of that year.  The estate of James Joyce filed for a dismissal in January of 2007.  In February the motion to dismiss was rejected by the Court in a twenty page ruling whose language exposed serious weaknesses in the estate’s defense against the amended complaint.  By the end of March, the estate had settled, and Shloss had not only prevailed but won concessions that went beyond her original request for relief.  One of the significant intellectual property cases of 2006 was settled in under a year, but its effects may be felt considerably longer. 

BACKGROUND

The James Joyce estate in general and Joyce’s grandson Stephen Joyce in particular have a well-established record of attempting to control the author’s reputation by threatening to file lawsuits alleging copyright infringement.  Thus, in 1988, for example, pressure by the estate forced the excision of material from Brenda Maddox’s biography of Nora Joyce (Nora: The Real Life of Molly Bloom [Houghton Mifflin, 1988]).  In the 1990s the estate blocked a performance based upon a short story by Joyce that, ironically, was itself based upon a folk tale.  In 1998 the estate sued to block live readings of Ulysses on the internet.  In 2000 the estate sought and won an injunction against a university press that wished to include an excerpt from Ulysses in an anthology but objected to the size of the licensing fee (7,000 Euros) demanded by the estate.  In 2002 the estate prevailed in a case against a publisher who wished to bring out a version of the 1922 edition of Ulysses, an edition that had entered the public domain but for which copyright had been retrospectively restored.  Perhaps most dramatically, in 2004 Stephen Joyce threatened legal action that would have derailed exhibits and readings intended to be a part of the ReJoyce Dublin 2004 festival.  This dispute led to an act of parliament. In order to safeguard this centennial celebration of Bloomsday, the Irish legislature hastily passed an act that protected public exhibits and readings from charges of copyright infringement.

THE DEVELOPMENT AND PUBLICATION OF THE BOOK IN DISPUTE

Against this background, Carol Loeb Shloss, began work on a biography of Lucia Joyce (Lucia Joyce: To Dance in the Wake [Farrar, Straus and Giroux, 2003]).  As had Brenda Maddox before her, Shloss ran into roadblocks thrown up by the Joyce estate.  In 1996 she contacted Stephen Joyce and requested his assistance in pursuing her project.  His reply went well beyond refusing his aid.  He stated that Shloss could not use the letters or papers of Joyce’s daughter.  He first granted and then withdrew permission for the use of a published poem, apparently taking the latter action because Shloss intended to use other materials of which he did not approve.   In 2002 Stephen Joyce wrote to Shloss to add to the list of materials that she was blocked from using.  Among these materials: the medical files and records of Lucia Joyce.  That same year Joyce contacted Shloss’ publisher, Farrar, Straus and Giroux, and in a series of contacts via phone and letter threatened legal action against the book.  He also enlarged his list of materials whose use he wished to block, adding to the roll letters written by individuals who were not members of the Joyce family.  The publisher’s attorney, Leon Friedman, responded to Joyce by adducing the fair use doctrine.  Joyce wrote in reply that the estate had shown itself willing in the past “to put our money where our mouth is.”  This and other statements suggested that Joyce intended to sue if he was not satisfied with the response to his demands.  Correspondence between Joyce and Friedman then broke off, as the attorney concluded that the estate would never grant Shloss permission to use any material for which it claimed to hold copyright, and the publisher’s attention turned to editing Shloss’ manuscript to avoid legal action by the Joyce estate.  These edits resulted in thirty pages being cut from the manuscript.  Shloss contended that these cuts removed vital evidence, and the reviews that the book received upon its publication in 2003 suggest that, if not eviscerated, the book had at the very least been enervated.

POST-PUBLICATION DEVELOPMENTS

Given that she had been blocked from including material in her book that she felt had been vital evidence for the support of her thesis, Shloss decided to make the material available in another form, via an electronic supplement at a password-protected website that would be available only to users with US Internet Protocol (IP) addresses.  Even though she felt that her use of the material was protected under the doctrine of fair use, she offered the Joyce estate the opportunity to review the material.  In the succeeding exchange, the Joyce estate once again refused to concede that Shloss had any right to use the materials and again raised the threat of litigation.  What followed could be considered a pre-emptive strike on the part of Shloss: an effort to put paid once and for all the question of whether her use of the materials was or was not protected under the doctrine of fair use.  In June of 2006, attorneys for the Fair Use Project of Stanford University’s The Center for Internet and Society filed suit against the estate of James Joyce in an effort to obtain injunctive relief and declaratory judgments for Joyce scholar Carol Loeb Shloss on the grounds that Professor Shloss’ ability to support her interpretations of Joyce’s writing had been severely compromised by repeated threats of litigation, especially on the part of Joyce’s grandson, Stephen Joyce.  Lawyers representing Shloss included Lawrence Lessig, well known for his studies of copyright law and its implications for scholarship and for the culture as a whole, and Robert Spoo, himself a Joyce scholar who had first-hand knowledge of the difficulty of pursuing studies of Joyce in the face of opposition from the estate.

The suit, as amended in October of 2006, alleged four causes of action in support of the request for injunctive relief and declaratory judgment.  The first count was that the web site intended to provide the documentation excised from the book would not infringe upon any copyrights held by the Joyce estate.  The second was that the use of any copyrighted material at the web site would fall under the aegis of “presumptively fair use.”  The third was that the estate had in fact misused its copyrights in its effort to control scholarship pertaining to James Joyce.  The fourth was an outgrowth of the third, depending as it did upon the notion that the estate’s misuse of copyright had left it with “unclean hands” so that it had in fact forfeited its right to wield its claims of copyright.  The lawyers for the estate filed a reply to the amended complaint in January of 2007.  In it they argued for dismissal of the suit on four grounds: first, that the correspondence between Shloss, her publisher, and her publisher’s attorney “could not give rise to a reasonable apprehension of suit”; second, that the electronic supplement did not exist in finished form at the time Shloss’ complaint had been filed and that as a result no cause for action existed (“no actual controversy”);  third, that the estate had stated its intention not to file a copyright infringement suit over the material at the website; and fourth, that since the original complaint was filed in June of 2006—and since the web site was still under development—no steps had been taken by the estate that could currently give rise to a “reasonable apprehension of suit” based upon the material at the web site as it currently existed.

In February of 2007 the Court issued an opinion in which it refused to dismiss any of the four counts and in its opinion systematically demolished the reasoning behind all but one of the arguments proffered in support of the call for dismissal or for, alternately, the striking of portions of the complaint.  The Court determined that it had jurisdiction, that there was a cause for action, and that any current statements by the estate abjuring litigation had no relevance or future force. The heart of the Court’s refusal to dismiss was that Shloss did indeed have a “real and reasonable apprehension” of legal action on the part of Joyce’s estate and this “real and reasonable apprehension” was a cause for action:

Plaintiff undertook to write a scholarly work on Lucia Joyce—the type of creativity that the copyright laws exist to facilitate.  Defendants’ alleged actions significantly undermined the copyright policy of “promoting invention and creative expression,’ as Plaintiff was allegedly intimidated from using (1) non-copyrightable fact works such as medical records and (2) works to which did not own or control copyrights, such as letters written by third parties.  The Court finds that the Plaintiff has sufficiently alleged a nexus between Defendant’s actions and the Copyright Act’s public policy of promoting creative expression to support a cause of action for copyright misuse.
(Order Denying Motion to Dismiss 16)

The Joyce estate prevailed in only one small matter: the Court ordered the striking of a paragraph of the amended complaint that pertained to the physical destruction of documents that were in the possession of Stephen Joyce.  The Court ruled that no copyright issues were involved in the decision of the owner of the physical objects as to whether to keep or destroy personal property.

The ensuing settlement represented a complete capitulation by the estate.  First, the estate abandoned its pretense to a right to control the fair use of both the printed and unprinted writings of James Joyce, as well as of the materials pertaining to Lucia Joyce.  (The estate had already acknowledged in court filings that it could claim no control whatsoever over the letters written by individuals who were not members of the Joyce family.)   The estate provided the assurances that Shloss had originally sought from the court: that Shloss could publish the electronic supplement on the web without fear of being sued for copyright infringement.  Moreover, the settlement empowered Shloss to go beyond her original plans for rectifying the damage done to her book.  Instead of being password-protected, the website would be made available to any user, provided that the user had a US IP address.  Finally, the estate put in writing a commitment not to sue for copyright infringement should Shloss publish the material in more traditional form, leaving her free either to include the supplement in future editions of her book or to reintegrate the material into the actual text of her work.  As in the case of the website, such publication would be restricted to the United States.

IMPLICATIONS FOR THE FUTURE OF FAIR USE

Stephen Joyce attempted to restrict the use a scholar could make of materials by or related to James Joyce and his daughter Lucia.  The outcome of Professor Shloss’ suit suggests that by so doing he and the Joyce estate exceeded their prerogatives as copyright holders.  However, the Joyce estate is not the only one that has attempted to use claims of copyright infringement to inhibit scholarship that the Court described as “the type of creativity that the copyright laws exist to facilitate.”  Although no precedent was set by the Court’s refusal to dismiss Shloss’ suit, the outcome of the case suggests that future litigation may help establish the principle that, regardless of their personal preferences, copyright holders do not possess the power to veto scholarly and creative uses of copyrighted material.  In press releases and interviews, the attorneys associated with Shloss’ suit have indicated that they are willing to pursue additional cases such as this one.  In addition, Shloss has now filed suit to recoup expenses arising from her ten-year struggle to win acknowledgement of her rights as a scholar under the doctrine of fair use.  Both legal and financial pressure may now be brought to bear on copyright holders who attempt to inappropriately control the transformative use of copyrighted material.       

RELEVANT SOURCES
Anderson, Nate.  (2006, 13 June). Is James Joyce’s Estate Misusing Its Copyright?  Ars technica.  Retrieved April 11, 2007 from http://arstechnica.com/news.ars/post/20060613-7048.html.

Bollier, David. (2006, 31 July). James Joyce’s Estate vs. the Cultural Commons.  OntheCommons.org. Retrieved April 11, 2007 from http://onthecommons.org/node/947.

Craven, Sarah.  (2006, Dec. 5). Update: Shloss v. Estate of James Joyce.  The Center for Internet and Society.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/node/5045.

District Court Finds Plaintiff Satisfies “Case or Controversy” Requirement and Sufficiently Alleges Copyright Misuse in Declarat[ive Judgment].” (2007, March 9).  Packets. The Center for Internet and Society.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/packets/200703/district-court-finds-plaintiff-satisfies-case-or-controversy-requireme.

English Professor Raises Copyright Misuse in Complaint against Estate of James Joyce. (2006, July 6).  Tech Law Journal Daily E-Mail Alert.  Retrieved April 11, 2007 from http://www.techlawjournal.com/alert/2006/07/06.asp.

Fair Use Project and Cyberlaw Clinic at Stanford Law School Represent Scholar in Lawsuit against Joyce Estate.  (2006, June 12).  The Cyberlaw Clinic.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/attachments/Shloss%20v.%20Joyce%20Estate%20Press%20Release.pdf.

Falzone, Anthony.  (2007, March 22.  An Important Victory for Carol Shloss, Scholarship and Fair Use.  The Center for Internet and Society.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/node/5299

Foster, Andrea L. (2007, March 26). James Joyce Scholar, in Deal with Author’s Estate, Wins Right to Use Copyrighted Works.  The Chronicle of Higher Education.  Retrieved April 11, 2007 from http://chronicle.com/daily/2007/03/2007032604n.htm.

_____.  Lawsuit over Joyce Papers May Clarify Copyright’s Fair-Use Exemption for Scholars. (2006, June 14).  The Chronicle of Higher Education. Retrieved April 11, 2007 from http://chronicle.com/daily/2006/06/2006061401t.htm.

Leff, Lisa. (2006, June 12).  Stanford Professor Sues Joyce’s Estate.  SFGate.com. Retrieved April 11, 2007 from http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2006/06/12/entertainment/e171020D91.DTL.

Max, D.T. (2006, June 19). The Injustice Collector: Is James Joyce’s Grandson Suppressing Scholarship?  The New Yorker.  Retrieved April 1, 2007 from http://www.newyorker.com/archive/2006/06/19/060619fa_fact.

Olson, David. (2007, Feb. 2). Victory in Shloss v. Estate of James Joyce.  The Center for Internet and Society.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/node/5184.

Rimmer, Matthew. (2005, Sept.) Bloomsday: Copyright Estates and Cultural Festivals.  Script-ed 2.3 (Sept. 2005).  Retrieved April 11, 2007 from http://papers.ssrn.com/sol3/papers.cfm?abstract_id=759244.

Shloss, Carol Loeb. (2007).  Lucia Joyce: Supplemental Material.  Retrieved April 11, 2007 from http://www.lucia-the-authors-cut.info/.

Shloss v. Estate of James Joyce.  (2006, Oct. 25). Amended Complaint for Declaratory Judgment and Injunctive Relief.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 as attachment to http://cyberlaw.stanford.edu/node/5045.

_____.  (2006, June 12).  Complaint for Declaratory Judgment and Injunctive Relief.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/attachments/Complaint%20Endorsed%20Filed%206-12-06.pdf.

_____.  (2006[, Oct. 25]). Declaration of Grace Smith. Exhibits 1-8.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/system/files/Grace+Smith+Decl_Exhibits%5B1%5D.pdf.

_____.  (2006, Nov. 17). Declaration of Maria K. Nelson in Support of Defendants’ Motion to Dismiss Carol Loeb Shloss’s Amended Complaint.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 from  http://cyberlaw.stanford.edu/system/files/Nelson+Decl%5B1%5D.pdf

_____.  (2006, Oct. 24). Declaration of Séan Sweeney in Support of Defendants’ Motion to Dismiss Carol Loeb Shloss’s Amended Complaint.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/system/files/Sweeney+Decl%5B1%5D.pdf.

_____.  (2007, April 10).  Notice of Motion and Motion for Award of Attorneys’ Fees and Costs.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 12, 2007 from http://cyberlaw.stanford.edu/system/files/Shloss+Fee+Motion.pdf.

_____.  (2006, Nov. 17).  Notice of Motion and Motion of Defendants Séan Sweeney and the Estate of James Joyce to Dismiss.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/system/files/Motion+to+Dismiss+Shloss+Complaint%5B1%5D.pdf.

_____.  (2007, Feb. 9).  Order Denying Defendants’ Motion to Dismiss and Granting in Part Defendants’ Motion to Strike.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 http://cyberlaw.stanford.edu/system/files/Order+denying+Motion+to+Dismiss.pdf.

_____.  (2007, Jan. 22).  Plaintiff’s Opposition to Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction and Motion to Strike.  US District Court, Northern District of California, San Jose Division.  Case No. CV 06-3718 JW.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/system/files/Shloss+Brief+FINAL.pdf.
 
_____.  (2007, March 16).  Settlement Agreement.  Retrieved April 11, 2007 from http://cyberlaw.stanford.edu/system/files/Shloss+Settlement+Agreement.pdf.

Shloss v. The Estate of James Joyce. (2006, June 12).  News Center.  Stanford Law School.  Retrieved April 11, 2007 from http://www.law.stanford.edu/news/pr/23/Shloss%20v.%20The%20Estate%20of%20James%20Joyce/.

Smith, Dinitia.  (2003, Nov. 22). A Portrait of the Artist’s Troubled Daughter.  The New York Times.  Retrieved April 11, 2007 from http://www.nytimes.com/2003/11/22/arts/dance/22JOYC.html?ex=1176436800&en=e8c6e65047f7a49d&ei=5070.

Stanford Scholar Wins Right to Publish Joyce Material in Copyright Suit; James Joyce Estate Agrees to Settle. (2007, March 22).  News Center.  Stanford Law School.  Retrieved April 11, 2007 from http://www.law.stanford.edu/news/pr/55/Stanford%20Scholar%20Wins%20Right%20to%20Publish%20Joyce%20Material%20in%20Copyright%20Suit%3Cbr%2F%3E%20%20%3Cem%3EJames%20Joyce%20Estate%20Agrees%20to%20Settle%3C%2Fem%3E/

Committee on Intellectual Property (March 2016)

IP Reports

Introducing the Intellectual Property Committee/Caucus and New Monthly IP Reports

Wondering about how copyright law is challenged by digital media? Want to learn more about fair use, Creative Commons, open source, plagiarism, the public domain, students’ rights to their own texts, and more? If so, you will be interested in the new monthly IP Report sponsored NCTE-CCCC’s Intellectual Property Committee and Intellectual Property Caucus.

Committee Members

Charlie Lowe, Chair
H. Allen Brizee
Mike Edwards
Kim Gainer
Jeff Galin
TyAnna Herrington
Clancy Ratliff
Martine Courant Rife
Kyle Stedman
Annette Vee
Traci Zimmerman

March 2015 Update

The CCCC Committee on Intellectual Property monitors new intellectual property issues that may affect writing teachers, students, and researchers, and it advocates best intellectual property practices.

Committee Charge

This committee is charged with addressing and providing guidance on intellectual property issues that affect CCCC and NCTE and that impact writing instruction generally. More specifically, the committee will:

Charge 1:  Keep the CCCC and NCTE membership informed about intellectual property developments, through reports to the CCCC EC, other forums and new mediums, including the MemberWeb site.

Charge 2:  Maintain a close working relationship with the Caucus on Intellectual Property and Composition Studies and related NCTE groups and staff.

Charge 3: Develop and update CCCC position and policy statements to guide writing teachers’ and researchers’ uses of course packs, electronic materials, issues of plagiarism, etc.

Charge 4: Address issues of concern to the organizations, such as interpretations of fair use, copyright debates, and evolving Intellectual Property policies and continue to be a resource to the NCTE DC officer for their work with lawmakers.

CCCC-IP Annuals

Top Intellectual Property Developments of 2019–2020
Top Intellectual Property Developments of 2018
Top Intellectual Property Developments of 2017
Top Intellectual Property Developments of 2016
Top Intellectual Property Developments of 2015
Top Intellectual Property Developments of 2014
Top Intellectual Property Developments of 2013
Top Intellectual Property Developments of 2012
Top Intellectual Property Developments of 2011
Top Intellectual Property Developments of 2010
CCCC Letter to United States Intellectual Property Enforcement Coordinator

Top Intellectual Property Developments of 2009
Top Intellectual Property Developments of 2008
Top Intellectual Property Developments of 2007 for Scholars of Composition, Rhetoric, and Communication
Major Intellectual Property Developments of 2006 for Scholars of Composition, Rhetoric, and Communication
Major Intellectual Property Developments of 2005 for Scholars of Composition and Communication

Google Faces Legal Challenges in its Effort to Digitize University Library Contents

Krista Kennedy, PhD Student, University of Minnesota
Assistant Chair, CCCC Intellectual Property Caucus

CASE OVERVIEW

In December 2004, Google announced an ambitious new attempt to scan and render searchable millions of volumes from the libraries of Harvard, Stanford, Oxford, and the University of Michigan, as well as the New York Public Library.  The original project name was Google Print, which was changed to Google Book Search in November 2005.  There are two central facets to the initiative:  Google Publisher and Google Library.  The first works with publishers to coordinate permissions, direct contributions of texts, and promotion.  Compensation is provided in the form of links that encourage searchers to purchase the product from booksellers or directly from the publisher.  Publishers may also share in contextual advertising (“Google ads”) revenue if they agree that advertising be included on the pages for their books.  All material generated under this project is digitized and offered with full permission of the copyright holder.

Google Library, on the other hand, partners with libraries to arrange and facilitate scanning of materials under fair use doctrine.  No permission is sought from the publisher for reproduction of these materials.  The initial stage of the Google Library project involves a six-year partnership between Google and the University of Michigan called the Michigan Digitization Project.  The seven million volumes in the UM Libraries collection would constitute the initial acquisitions for Google Book Search.  In return for their cooperation, the Libraries will receive digitized copies for their own use.  While UM has been a leader in digital preservation and has pursued an internal digitization project for a number of years, they have only been able to digitize about 5,000 volumes annually.  At that rate, digitization of the entire collection would take approximately 1600 years.  By partnering with Google, they are able to drastically increase the pace of this project while also making strides toward opening their collection to users worldwide.  In the process, they also reduce their own digitization expenses, since Google bears the costs of reproduction, conversion, and transmission, as well as costs associated with pulling and reshelving materials.  Scanned and converted works are made available immediately through Google as they are processed and are stored in perpetuity on the company servers.

From the project launch, Google has drawn a sharp distinction between public and proprietary works.  Works that have passed into the public domain are made available in full.  Out-of-print works whose copyright is still in duration are made available in “snippets” consisting of approximately three sentences.  Availability of in-print works is at the discretion of the copyright holder, who may choose to allow availability of the entire work, of a few sample pages, or of a snippet.  The owner may also choose to opt out of the project altogether, much in the way that domain owners can request that Google not catalogue digital works.  On August 22, 2005, Google announced that it would not begin the project until November, so as to give publishers a chance to make decisions about participation and submit a list of works to be excluded from the project.

On September 20, 2005, the Author’s Guild (AG) filed a class action complaint against Google.  The three named plaintiffs were authors whose works are in the UM collection and the Class was initially defined as all persons or entities holding copyright to one of the seven million volumes in the UM Libraries.  It alleged that “by reproducing for itself a copy of those works that are not in the public domain, Google is engaging in massive copyright infringement.  It has infringed, and continues to infringe, the electronic rights of the copyright holders of those works.”  This infringement, it was claimed, adversely affected the market for their works and damaged their goodwill and reputations.  They also claimed that Google intended to derive revenue from those works by using them specifically to attract visitors and consequently generate advertising revenue. 

A month later, the Association of American Publishers (AAP) also filed suit.  The named publishers include McGraw-Hill, Pearson Education, Penguin, Simon & Schuster, and John Wiley & Sons.  They claimed that they were engaged or planned to engage in similar digitization endeavors that would eventually be made available to all search engines, including Google.  Google’s project impinges on this potential market.  The suit also objects specifically to Google’s announcement that publishers could provide the company with a list of books to be excluded from the project by November 2005, arguing that it is a clear inversion of the default rights afforded authors to control of reproduction, distribution, and display of their works in 17 U.S.C. §106.   It further characterizes Google’s actions as willful infringement executed with conscious disregard for author and publisher rights.

DISCUSSION OF THE CASE

The primary decision to be made in this case concerns the application and limits of fair use doctrine.  The application of fair use rests on a four factor test:  the purpose and nature of the use, the nature of the copyrighted work, the amount and substantiality of the work taken, and the effect of the use upon the potential market. 

The precedent most often cited in fair use issues relevant to search engine operations is Kelly v. Arriba Soft, 336 F.3d 881 (9th Cir. 2003).  Much like Google Image Search, Arriba Soft created a database of images from websites without obtaining the permission of the site owners or copyright holders.  They then displayed the images as thumbnails that linked to the original content on external sites.  Kelly, a photographer, discovered that his images were being used as thumbnails and sued for copyright infringement.  The court found that the reproduction of the photographs as thumbnails did satisfy the conditions of fair use, and the Ninth Circuit affirmed the opinion.  The opinion addressed the four factors as follows:

  • Purpose and character of the use:  Arriba was not using the images to promote itself nor did it attempt to profit through their use.  Kelly’s images were only a few among many thousands in the database.  More importantly, their use of images served a different function than the original prints, namely directing access to material on the Internet rather than facilitating original expression. The court ruled that this use was sufficiently transformative, since the images were reduced in size and reproduced at a lower resolution.  Since their use was not exploitative, the commercial aspects of Arriba’s venture weigh only slightly against their favor.
  • The nature of the work:  The court observed that while creative works are closer to the core intent of copyright law than factual works, “published works are more likely to qualify as fair use because the first appearance of the artist’s expression has already occurred.”  Kelly’s works were both creative and published.  Because of their publication, the court ruled that fair use only slightly favored Kelly.
  • The amount and substantiality of the portion used:  Arriba copied each of the images in their entirety.  However, the court ruled that this was necessary in order to construct an identifiable link that would allow users to recognize the content and decide whether or not to continue on to the originating website.  In the end, this factor favored neither party.
  • The effect of use upon the potential market:  By providing direct links to Kelly’s original site and content, Arriba steered potential customers directly to him.  Since the thumbnails were small and of low resolution, the court ruled that they did not dilute Kelly’s market for full size images.  This final factor favored Arriba.

The purpose and nature is a primary aspect of concern in both the AG and AAP complaints.  Fair use doctrine extends protections for specific types of use:  critical comment, parody, educational purposes, and news reporting.  Google satisfies none of these criteria.  While the materials in question largely come from educational institutions, Google itself is not a neutral or altruistic entity or technology.  Rather, it is for-profit, publicly traded venture.  Its business model relies heavily on contextual advertising, and a significant portion of its revenues come from advertisements of one sort or another.  It will in fact profit from advertising associated with this new material.  (The fact that Google’s market value three months after their IPO was half that of Viacom lends some perspective.)  However, it will not profit directly from the sale of reproduced copies.  On the contrary:  search results will bring the texts to the attention of the reader, and links to booksellers and the publisher will encourage the reader to purchase a hard copy of the text.

The question of the nature of the work is easily satisfied in this case:  all of it is previously published.  While some of it is indeed creative, the majority of the texts in question are non-fiction and technical works.  (It’s perhaps relevant to note that all of the named authors in the AG suit are authors of creative works.)

As in Arriba, duplication of entire works is necessary in order to ensure effective operation of the search engine.  However, Google will not provide users with access to the entire text.  In most cases, users will receive only snippets or a few pages in their search results.  If the search term appears multiple times throughout the work, Google will return only three results.  Repeat access attempts will be blocked in order to reduce the chances of the searcher viewing too much of the text.

Through the use of direct links to purchasing opportunities, Google Book Search will increase the demand for searchable texts.  This should be particularly true for lesser-known texts that readers might not happen upon in any other fashion.  Even if the reader checked out the book at a library rather than purchasing it themselves, the libraries will in turn respond to increased demand.  If users were able to print out entire works, diminishment of the market would be conceivable.  A three-sentence snippet  simply cannot do similar harm.

The McGraw-Hill suit suggests that the project restricts their ability to license digitized copies themselves, thus reducing potential market share.  In his copyright analysis of the Google project, Jonathan Band argues that the existence of the Publisher program negates this complaint.  By opting to license works through the Publisher program, publishers receive revenue from contextual advertising and linkage, thus opening up revenue streams unavailable to them elsewhere.

Following the line of argument presented here, the Google Book Search project is lawful under U.S. fair use doctrine.  However, Google results are available internationally, and copyright exceptions vary from country to country.  Band reminds us that copyright infringement is specific to the jurisdiction it was committed within.  Since Google is working in the Untied States to scan books from United States libraries, the relevant law concerning these actions is U.S. law.  While few other countries would allow reproduction of entire texts, most countries do permit short quotations similar to what might appear in a snippet.  Band suggests that these exceptions for quotations should protect Google’s international transmission of search results.

IMPLICATIONS FOR EDUCATORS AND WRITING TEACHERS

In a statement issued the day after the AG suit was filed, UM associate provost and interim librarian James Hilton addressed the crux of this issue:

This is tremendously important public policy discussion.  … We need to decide whether we are going to allow the development of new technology to be used as a tool to restrict the public’s access to knowledge, or if we are going to ensure that people can find these works and that they will be preserved for future generations.

As educators, we should be particularly concerned about the preservation of our written culture and the access that we and our students have to written artifacts.  Our cultural history is rapidly disappearing, as Lawrence Lessig has pointed out in various books, articles, and lectures.  In his lecture on Google Print, he reminds us that only 9% of published American literature is currently in print and under copyright.  16% of it is in the public domain.  The remaining 75% is out of print but still in copyright.  Because of our loose registration requirements, there is no practical means of obtaining permission from the owners.  The volume in this predominant segment of written culture are largely orphaned works.  We are faced with opposing options:  either reproduce the materials without permission and preserve them, or observe the letter of the law and lose them.  Copyright exceptions (such as fair use doctrine) and complements (such as Creative Commons licenses) provide the only viable solutions to this current and future dilemma.

We are also faced with deciding exactly how we should harness emerging technologies.  Whenever we discuss issues of cultural production, be it text, audio, or video, we are also forced to discuss control of the technology that delivers and transmits them.  Will the Internet be a technology that helps us preserve and share our culture, or will it be a means for corporations to sell our culture to us bit by bit and destroy whatever isn’t profitable?

A different but related question is, what sort of texts do we want to see on the Internet?  As teachers of research and argumentation, we often caution our students about wholesale acceptance of materials found online.  We hold a wide variety of opinions about the value and reliability of collaboratively constructed resources such as Wikipedia.  If a wide range of vetted publications from established publishing houses was available for searches (whether the results be full-text or snippets), would we feel that the Internet had become a more reliable place?  Would a mix of commercial and personal publication increase its inherent value?

As educators who are also advocates of culture, our basic responsibilities lie in the preservation of cultural works.  As educators who are also intellectual property scholars, our responsibilities lie in the creation and dissemination of a technological philosophy that encourages progress and creativity.  And as writing teachers and disciples of text in all its forms, it is imperative that we work toward converting those commitments into policy and law.

RELEVANT SOURCES

Band, Jonathan.  “The Google Print Library Project:  A Copyright Analysis.”  www.policybandwidth.com/doc/googleprint.pdf

Google Books.  http://print.google.com/googlebooks/about.html 

Hilton, James.  “U-M Statement on Google Library Project.”  http://www.umich.edu/news/?Releases/2005/Sep05/r092105 

Kelly v Arriba Soft, 336 F.3d 881 (9th Cir. 2003).  http://homepages.law.asu.edu/~dkarjala/cyberlaw/KelllyvArriba(9C2003).htm

Lessig, Lawrence.  “Google Book Search:  The Argument.”  http://www.lessig.org/blog/archives/003292.shtml

Michigan Digitization Project.  http://www.lib.umich.edu/mdp/index.html 

Download Author’s Guild v Google
http://files.findlaw.com/news.findlaw.com/hdocs/docs/google/aggoog92005cmp.pdf
Download McGraw-Hill et al. v Google
http://files.findlaw.com/news.findlaw.com/hdocs/docs/google/mcggoog101905cmp.pdf

Dean #1

Sherry Richer: Case #4

Characterization of Institution

Comprehensive I, State University

Characterization of Department

M.A. in English (literature/rhetoric and composition)
B.A. in English (literature, esl, teaching of English, creative writing)

How would Sherry Richer’s case turn out in your department?  At your university/college?

If Dr. Richer continues on her current path, she will be denied tenure. As much as the university and the department likes to reward innovative uses of technology, as of yet her scholarship online and in print is insufficient for tenure.

What are the Department Chair’s responsibilities toward Richer? Which did she/he fulfill?  Fail?

A bulletin board for use within the department would be considered service, comparable to developing a handbook for graduate instructors.

What are the Personnel Committee’s responsibilities toward Richer?  Which  did they fulfill?  Fail?

N/A

What are the responsibilities of the Dean?  Which did she/he fulfill?  Fail?

I would advise Dr. Richer to develop her ethnographic study into a book-length study–or at least into a series of articles.   If she finds this trajectory impossible, I would advise her to seek another position.

What are Richer’s responsibilities?  Which did she/he fulfill?  Fail?

If she finds this trajectory impossible, [she should] seek another position at a two-year college or a university with little interest in scholarly publication.

What went wrong?  What went right?

N/A

Harrison Spenser: Case #5

 

American Harrison Spencer, with a D.Phil. from a British university and a dissertation on a medieval rhetorician, spent several years in non-tenure line positions before being hired by University X into a tenure-line position in a fledgling rhetoric and composition program.  At the time of hiring, Spencer had just secured a contract to publish his dissertation.  The search committee recognized his historical scholarship in rhetoric but the department chair more eagerly welcomed the expertise Spencer had developed with technology during his adjunct teaching.  Although Spencer was given a 2/2 teaching load for his first year, he was immediately assigned administrative responsibility for the department’s computer lab, a task that carried with it staffing the lab, acting as troubleshooter for everyone who used the lab, mentoring new users, and defending the use of computers in English classes to the literature faculty in the department.

In his first year, in an attempt to engage some of the literature faculty, Spencer asked two of them to become part of a team of five co-investigators seeking a major software development grant that would bring a state of the art technology classroom to the department. For a period of three years, the grant would support one course of release time each semester for each co-investigator.  During the few months between submitting the grant and learning that it was funded, Spencer completed revisions to his dissertation for publication.  His teaching evaluations that year were competent but lackluster in the undergraduate classes; the graduate students, on the other hand, praised his knowledge and expertise in his new course in Technology and English Studies.  One asked that he direct her M.A. research project, and two asked if he would serve on their dissertation committees.  Reviewing Spencer’s record for his first year, the department’s Promotion and Tenure Committee (comprised only of tenured senior faculty) reasoned that he had accomplished a lot that first year, but urged him to make time for publication since he was hired with the book contract in place. In his meeting with Spencer, the department chair conveyed the Promotion and Tenure Committee’s concerns but focused on the benefits and practical implications of Spencer’s bringing the grant to the department.

In his second year, with the chair’s blessing, Spencer established a department Technology Committee to assess needs, set policies, and prepare proposals. Lab use policies, training for G.A. lab attendants, faculty development, and network management were issues he could no longer handle alone.  The informal mentoring he was doing and the workshops he was offering on demand were consuming his time.  His low key affability and willingness to take on what needed to be done were being stretched thin; the committee would allow him and others to look beyond the next week. Rather than appoint a committee, however, the chair asked for volunteers.  The other untenured faculty member on Spencer’s grant team volunteered (neither of the two literature faculty on the team did), as did several long-term adjunct faculty and graduate students. The committee’s three year plan for technology use and integration into the department was, however, passed by the department and then by the College Computer Literacy Committee.

Remembering the Promotion and Tenure Committee’s concerns, Spencer thought he could move some of his work to publication if it were more closely tied to his teaching.  To the Curriculum Committee he proposed breaking apart the graduate history of rhetoric course into at least three, offering a new course in Medieval/Early Modern Rhetoric as well as the Classical and Contemporary Rhetoric that matched his colleagues’ expertise. He also proposed a new course in Web (port)folios that could be taught at the undergraduate or graduate levels.  In addition to a K-12 computer workshop at the state NCTE affiliate conference in the fall, he presented at CCCC’s and Computers and Writing.

The next year the university began a major thrust in distance education, and Spencer was asked to teach an online writing course.  Cost-effectiveness of computer delivery was appealing in the face of expensive satellite transmissions for televised courses, so the university was willing to work with him to solve the problems created by their network firewall. Spencer quickly found himself on the university Distance Education committee and then on a state-level committee.  His responsibilities for the lab and the technology committee continued, placing even more demands on his time.  He was active professionally in Computers and Writing, organizing a teleconference for Computers and Writing folks to showcase university facilities, volunteering to host a MOO for Computers and Writing Online, and presenting again that year at CCCC’s and the Computers and Writing annual conference.  He reviewed two recently published books for Kairos.  Progress on the grant work, however, was not on schedule.  He and the other junior faculty members, one in English and one in computer science, were making good progress on their modules, but the two literature faculty members were far behind schedule, even with a computer science graduate student assigned to write code for them.  Spencer had hoped to publish the software by the end of the grant period, during his fourth year, but that prospect was quickly fading. He spent much of his time that summer finishing his modules and reconceptualizing the project to reduce the literature faculty tasks.

Spencer’s three-year review (during fall of his 4th year) elicited a warning from the Promotion and Tenure Committee.  The Composition and Rhetoric representative on Promotion and Tenure Committee and the department chair supported Spencer because he was doing what his position asked for and what they thought the department needed, and they saw the promise of publications from his conference presentations. Committee vote, however, was split between “satisfactory” and “unsatisfactory progress toward tenure.” Their written review stated “teaching: satisfactory; service: outstanding, research: none.”  The committee recognized his book at the end of his first year but noted it was underway pre-hire.  When the concerns were passed on to Spencer during a meeting just before Christmas, the department chair confirmed his support for Spencer’s grant work and administrative responsibilities, but urged him to prioritize so he could get something published.  Spencer decided that the only time on task he could alter was in the grant work, so he asked the two literature faculty who weren’t pulling their weight to resign from the grant.  (One was relieved, but the other was irate that he would suddenly have a third class to teach spring semester.)  With a radical redesign, Spencer and his remaining co-investigators completed the software package on time that spring and demonstrated it at the annual Computers and Writing conference. Administrative and mentoring responsibilities and his online writing class consumed the remainder of his time that spring so after teaching first summer term, he spent the remainder of the summer reading and preparing his new course in Medieval/Early Modern Rhetoric for the following fall. One of the new books, examining the changing relationship between technology and rhetoric from Medieval/Early Modern to Post Modern times, he reviewed for Kairos, an online journal.

At the first department meeting that fall (Spencer’s fifth year), the chair announced that he would be leaving to take a position as Dean at University Y on September 15 and that Professor N would be acting as interim chair until the department could decide whether to conduct an election or a search. Spencer greeted the news with some alarm since Professor N was the second of the two faculty he had asked to resign from his grant, but he determined just to do his work and publish something more substantial. He presented some new work on Early Modern rhetoric at the Rhetoric Society of America conference, and his paper was accepted for publication in RSA Online, a refereed online journal. Tallman Publishers contacted Spencer about his software, and after months of negotiation, with the University and the granting agency both claiming intellectual property rights , Spencer finally signed a contract that would acknowledge his and his co-principal investigators’ authorship.   He also finished an article on pedagogy prompted by his online writing class and submitted it to The Journal of Online Instruction (refereed and, appropriately, online).  For good measure he reviewed three more books for Kairos, all to be published before his promotion and tenure document would be due in November of his sixth year.  He presented again at CCCC’s and Computers and Writing, and began preparing those manuscripts for submission.  His teaching evaluations remained competent at the undergraduate level and stellar at the graduate level, but a colleague’s observation noted that his high expectations for his students might have been more than some undergraduates could handle. That spring Professor N was elected Department Chair.

Spencer’s 6th year review, based on his 5-year record, caused considerable discussion in the Promotion and Tenure Committee, and the report came back with a 5-2 negative recommendation for tenure, which the Department Chair supported.

Tenure and Promotion Cases for Composition Faculty Who Work with Technology

Dean #2

Harrison Spenser: Case #5

Characterization of Institution

Research II University

Characterization of Department

Ph.D. granted in composition/rhetoric
M.S. granted in composition/rhetoric
B..S/B.A. Scientific and Technical Communication
B.A. English

How would Harrison Spenser’s case turn out in your department?  At your university/college?

No one ever knows how anything will turn out here, as in most universities.

Had everyone done everything right here, the dean would have read the recommendations of the committee, would have considered that of the department head, would have seen the inconsistency, and would have both met with the head and also provided a written comment, thus by the end of the third year provoking a resolution and likely track either to tenure or to non-reappointment.

The dean should also have required, and the department head should have been accustomed to providing, either a concise statement of expectations in the initial letter of appointment or a concise job description, one or two sentences.  For this appointment that statement should have included the words “scholarly publication appropriate to the area of graduate teaching”  or the words “grant writing” or “funded research.”  If  any of  these words or phrases had not been included, it should have been agreed by all parties that there was no expectation in that area.  If not stated, then that work, if done, would be a bonus but not a requirement.

That is how it would be done here, if everyone got it right.  Sometimes they do.

What are the Department Chair’s responsibilities toward Spencer?  Which did he fulfill?  Fail?

Serious problem here.  In part the head led Spencer astray by not resolving the conflict, which seems to me to have been between head and committee.  The head seems fine on foresight and weak on execution.

What are the Personnel Committee’s responsibilities toward Spencer?  Which did they fulfill?  Fail?

That chair needed to invite the head to a meeting of the committee.  By the third year it should have been clear that Spencer was receiving conflicting directions and that a resolution needed to be reached between head and committee.

What are the responsibilities of the Dean?  Which did she/he fulfill?  Fail?

The dean should have asked for clarity in the initial appointment, should have seen the conflict between head and committee, should have recognized that the head was either leading in the right direction and could get there or that the leadership of the head was to a dead end.  If dead end, the dean should have let the head know so that the head might direct the appointment back to traditional scholarship while thinking about other jobs.  If the dean believed the head understood a vital direction of the future, then the dean need to  find a way to support the head and get the head’s message to the committee.

What are Spenser’s responsibilities?  Which did he fulfill?  Fail?

Spencer needed to recognize that given conflicting directions, tenure was unlikely.  The message was there.

What went wrong?  What went right?

Most things went wrong.  The head went one way, the committee another, and Spencer tried to ride with both.  What went right was that there were reviews and there was communication and the differences might well have been recognized and resolved had they been faced up to.

Additional Comments

One further note.  Conflicting advice is not unusual and untenured faculty need to be responsible to themselves, in part by thinking about the future of the area in which they  work.  I think the best piece about future directions in the profession is still one that was written by George Steiner in the 1960’s.  It remains in print as the chapter “To Civilize Gentlemen” in his book Language and Silence, New Haven: Yale UP, 1998.  It might have been a useful piece for Spencer (was that the name?) to have read.

CCCC Statement on Globalization in Writing Studies Pedagogy and Research

Conference on College Composition and Communication
November 2017

Executive Summary

The CCCC Strategic Governance Vision Statement includes a mandate to “provide conditions under which teachers and scholars can discuss, build, and practice sustainable, relevant, and ethical models of teaching and learning.” This document works to achieve this mandate by outlining key relationships and recommendations that writing program administrators (WPAs) and scholars and teachers of writing should consider as they respond to globalization. The Appendix provides an extended, albeit limited, bibliography of resources for further reading.

Introduction

Globalization is both a worldwide force and an everyday local phenomenon. Movements of people, ideas, goods, services, and capital under both peaceful and conflict-ridden conditions challenge ways of being that have been traditionally tied to discrete nation-states. Such challenges can be especially apparent in educational institutions, which frequently articulate explicit interests in attracting students with a wider range of cultural and linguistic backgrounds, sending students abroad, and preparing graduates to enter globalizing societies and economies. At the heart of these educational efforts is a conflict: On one hand, colleges and universities may recognize, respect, and respond to the complexities of globalization by reimagining administration, teaching, and research. On the other hand, they may use the pretext of globalization in a limited fashion to enhance institutional reputations, identify new sources of revenue, and entrench received standards.

The implications of globalization for writing pedagogy and research are varied and complex. For writing programs, globalization can increase demands to provide uniform and universally transferable writing instruction to students. For writing teachers and administrators, globalization adds pressure to find low-cost means of addressing the needs of increasing numbers of international students. For writing scholars, teachers, students, and administrators, globalization provides the opportunity to develop alternative perspectives on writing and its study and teaching. Globalization can also encourage the building of new relationships across global and local lines and set new directions for the work of teaching and studying college writing.

Given the ubiquity of both foundational and cross-curricular writing courses, writing programs are often directly and immediately impacted by shifts in educational institutions’ missions. Responses to globalization are no exception. Among the questions facing WPAs and faculty are the extent to which relevant global concerns should be integrated into curricula; whether or how the role of writing in globalization should be articulated to higher-level administrators; what impact globalization should have on graduate education in writing studies; and, understanding that writing is a global research concern, what levels of support or encouragement should be provided to scholars who might pursue relevant objects of study in collaboration with international partners where appropriate.

Defining Globalization

Globalization is tied to questions of (im)migration, (dis)location, (trans)nationalism, and trans- or multilingualism, and therefore the term must be used purposefully, especially at institutions of higher education that are recruiting increasing numbers of international students while espousing relatively uncomplicated notions of the “global” in their educational missions. We define globalization as follows:

Globalization is most often seen as a growing interdependence in the world, fueled not only by the economy but also by the environment, communication technologies, health, energy, politics, immigration, and other forces. Globalization implies less rigidly defined boundaries and a more mobile meshing of cultures, languages, and nationalities. The term is often conflated with internationalization; however, the root of globalization, “global,” implies a whole or universal experience, which, for better or for worse, minimizes the reality of borders and difference and their associated politics. Globalization influences higher education generally, and writing studies more specifically, in many ways, including traditional roles of teaching, research, and service as well as training, communication, recruiting, retention, assessment, and administration. Such influence may come “from above”—for example, as the result of institutional imperatives—or “from below”—for example, as the result of teachers or students raising and investigating questions that tie local issues with global trends.

Globalization in Relation to Writing Pedagogies, Research, and Organizations

Writing Pedagogies

At all levels, in all types of higher education institutions, and in all types of programs and curricula, including first-year/lower-division writing, writing across the curriculum, writing in disciplines, writing centers, and graduate-level writing support programs, pedagogies need to be designed in ways sensitive to the complex effects of globalization.

Questions about writing pedagogies must be considered in terms that account for global movements of people, capital, and goods across borders, including trade, travel, displacement, and forced or voluntary migration. Educational institutions have long responded to and participated in this global movement by sending students abroad and by recruiting and enrolling students from other countries. Educational entities have become participants in globalization by establishing programs and even branch campuses in other countries. At the same time, colleges and universities continue to identify international students as promising sources of enrollments, and they are increasingly partnering with transnational companies that package recruitment, credentialing, support, and even teaching services.

Writing Studies Research

Research on writing and its teaching and learning necessarily contends with the means and effects of global circulation and global geopolitical relations. Even what might appear to be strictly local concerns about writing practices and pedagogy articulate with global and transnational forces and contexts. Further, researchers’ practices—who researches whom and what, how, prompted by what exigencies, with what sponsors, and with what aims—are implicated in global geopolitical relations and the transnational circulation and transformation of writing knowledge. Research in a globalized world demands particular sensitivities.

CCCC and Other Organizations

CCCC encourages the kind of knowledge exchange that will benefit members of CCCC as well as members of relevant organizations outside of North America, and it seeks to build alliances with these organizations. CCCC members will benefit from being aware of the rich traditions and contexts in which writing is taught and studied outside of North America and the numerous organizations outside of North America that aim to promote the study of writing practices and pedagogies in other national and regional contexts.

Recommendations

CCCC makes the following recommendations for researchers, teachers, and WPAs.

Institutional Terminology

When possible, researchers, teachers, and administrators should share examples demonstrating the complexity behind any terminology that is used to describe programs or curricula for cross-border exchange.

Writing Pedagogy and Curriculum

Writing programs should create professional development opportunities that include the study of relevant developments in applied linguistics, English as a lingua franca, foreign language pedagogies, rhetoric and composition, second-language writing, translingual approaches to composition, and related approaches, disciplines, and fields. Writing programs should also prepare teachers to address linguistic and multicultural issues through both graduate seminars and workshops that include interactions with culturally and linguistically diverse students.

Writing program leaders and directors should seek equitable and mutual relations with stakeholders in and outside the university that emphasizes respect for different kinds of knowledge in cross-institutional and transnational curricula. They should also fully involve peer colleagues at partner institutions in articulating cross-institutional and transnational curricula; for example, WPAs could join with English Language Institutes and similar offices to cross pedagogical and disciplinary borders. Leaders of writing programs should push institutions to provide all students (including and especially English monolinguals) with support structures to expand their language repertoires, not only in introductory courses for writing in and across the curriculum and years of study at the institution. And finally, WPAs should devise local assessment tools to evaluate multilingual students’ writing performance that reflect the values of both the institution and individual students and teachers.

Faculty in writing (studies) programs and departments should consider the ways that they might emphasize and invite exploration of a wide range of sociocultural and linguistic experiences and practices. They should also seek access to key university committees and offices involved in internationalization and globalization efforts. Writing faculty should keep all students in mind when selecting teaching materials and pedagogical strategies. Teaching materials should promote intercultural communication and understanding in class and beyond. Pedagogies should take into account students’ prior literacy experiences across languages and dialects, valuing students’ ways of life, ways of knowing, and ways of making meaning. And faculty in writing studies should capitalize on new technologies to conduct collaborative, virtual teaching across national and institutional borders and design those experiences very carefully in the mode of equal exchange.

Graduate programs in writing studies should actively recruit a globally diverse range of students and faculty, including faculty with greater familiarity with a diverse range of traditions in the teaching and study of writing. We also encourage these programs to incorporate attention to writing research from an array of research sites, representing a broad range of research traditions and including publications in diverse languages. Graduate programs should bolster traditional foreign language requirements for advanced degrees in order to ensure students’ meaningful and sustained contact with diverse linguistic populations.

Writing Research

Research is needed on subjects such as the applicability and adaptability (or not) of composition theory across international contexts; writing and writing instruction in languages other than English; how writing studies may transcend “traditional” borders along national, cultural, or linguistic lines; the establishment or growth of North American–style writing programs outside of North America, with comparative analyses, and the exportation and importation of writing curricula across borders; transnational/global/local connectedness in writing programs, perspectives, and approaches, with a focus on cross-language research; writing courses and programs that intentionally work across languages or national boundaries; the ways in which globally networked electronic communities and subcommunities with different purposes and memberships are shifting understandings of writing, teaching writing, and learning writing; cross-cultural graduate education and the experiences of working across differences in language and culture in the teaching and practice of writing; translation as a part of writing; and employment and preparation practices across cultures and national boundaries.

Writing researchers should employ a variety of methods that foster responsive global exchanges among teachers and scholars of writing. Scholars should also conduct research with students to understand their backgrounds, and with faculty to understand what they bring to the project, including dispositions toward language, methods, contexts, and expectations. They should also conduct archival research on teaching traditions across cultures; ethnographic studies to elicit responses from students or colleagues as they discursively map the field by occupying and moving around and through the institutional spaces of international programs and opportunities; and context-specific, nuanced, ethical comparative studies on how we understand the common, shared, or “universal,” particularly in relation to the specific or local, across borders, however we might imagine these in a dynamic, shifting, globalized world.

Writing researchers should also consider how research is represented. When possible, researchers should place the research site and kind of research conducted in the context of globally diverse sites and traditions of writing and writing research. They should also acknowledge, and draw on, a diverse and broad range of available writing research, including research in languages with which the researcher is not familiar. This work should be accessed through collaboration with those familiar with those languages. And researchers should draw from global research traditions in the study of writing and its teaching.

Appendix: Resources for Further Reading

This statement is grounded in the following list of resources. Although the list is not comprehensive, it may provide a useful starting point for further reading on the topic.

Adnan, Z. (2009). Some potential problems for research articles written by Indonesian academics when submitted to international English language journals. The Asian EFL Journal Quarterly, 11(1), 107–125.
Anson, C. M., & Donahue, C. (2015). Deconstructing “writing program administration” in an international context. In D. S. Martins (Eds.), Transnational writing program administration (pp. 21–47). Logan: Utah State University Press.
Arnold, L. R. (2014). “The worst part of the dead past”: Language attitudes, policies, and pedagogies at Syrian Protestant College, 1866–1902. College Composition and Communication, 66(2), 276–300.
Bazerman, C., Dean, C., Early, J., Lunsford, K., Null, S., Rogers, P., & Stansell, A. (Eds.). (2012). International advances in writing research. Boulder, CO: The WAC Clearinghouse; Anderson, SC: Parlor Press.
Bennett, K. (Ed.). (2014). The semiperiphery of academic writing: Discourses, communities and practices. New York: Palgrave.
Braine, G. (2005). The challenge of academic publishing: A Hong Kong perspective. TESOL Quarterly, 39, 707–716.
Breeze, R. (2012). Rethinking academic writing pedagogy for the European university. Amsterdam: Rodopi.
Buckingham, L. (2008). Development of English academic writing competence by Turkish scholars. International Journal of Doctoral Studies, 3, 1–18.
Canagarajah, A. S. (2012). A geopolitics of academic writing. Pittsburgh: University of Pittsburgh Press.
Casanave, C. P. (2012). Writing games: Multicultural case studies of academic literacy practices in higher education. Mahwah, NJ: Erlbaum.
Desser, D., & Payne, D. (Eds). (2012). Teaching writing in globalization: Remapping disciplinary work. Boulder, CO: Lexington Books.
Donahue, C. (2009). Internationalization and composition studies: Re-orienting the discourse. College Composition and Communication, 61(2), 212–243.
Donahue, C., & Reuter, Y. (2007). Disciplines, language activities, cultures: Perspectives on teaching and learning in higher education from France and the United States. L1—Educational Studies in Language and Literature, 8(2), 1-11.
Foskett, N. (2010). Global markets, national challenges, local strategies: The strategic challenge of internationalization. In F. Maringe & N. Foskett (Eds.), Globalization and internationalization in higher education (pp. 35–50). London: Continuum.
Foster, D., & Russell, D. (Eds.). (2002). Writing and learning in cross-national perspective: Transitions from secondary to higher education. Urbana, IL: NCTE.
Ganobcsik-Williams, L. (Ed.). (2006). Teaching academic writing in UK higher education: Theories, practices and models. London: Palgrave.
Ha, P. L., & Baurain, B. (Eds.). (2011). Voices, identities, negotiations, and conflicts: Writing academic English across cultures. Bingley, UK: Emerald.
Hesford, W., Singleton, E., & Garci´a, I. M. (2009). Laboring to globalize a first-year writing program. In D. Strickland & J. Gunner (Eds.), The writing program interrupted: Making space for critical discourse (pp. 113–125). Portsmouth: Boynton/Cook.
Horner, B., Donahue, C., & NeCamp, S. (2011). Toward a multilingual composition scholarship: From English only to a translingual norm. College Composition and Communication, 63, 269–300.
Horner, B., & Kopelson, K. (Eds.). (2014). Reworking English in rhetoric and composition: Global interrogations, local interventions. Carbondale, IL: Southern Illinois University Press.
Horner, B., & Lu, M.-Z. (2009). Composing in a global-local context: Careers, mobility, skill. College English, 72(2), 109–129.
Horner, B., Lu, M.-Z., & Matsuda, P. K. (Eds.). (2010). Cross-language relations in composition. Carbondale, IL: Southern Illinois University Press.
Horner, B., Lu, M.-Z., NeCamp, S., Nordquist, B., & Sohan, V. K. (Eds.). (2009). Working English in rhetoric and composition: Global-local contexts, commitments, consequences. JAC, 29(1–2).
Horner, B., & Tetreault, L. (Eds.) (2017) Crossing divides: Exploring translingual writing pedagogies and programs.  Logan: Utah State University Press.
Huang, J. C. (2010). Publishing and learning writing for publication in English: perspectives of NNE (non-native English speakers) PhD students in science. Journal of English for Academic Purposes, 9(1), 33–44.
International Association of Universities (2012). Affirming academic values in internationalization of higher education: A call for action. https://globalhighered.files.wordpress.com/2012/04/affirming-academic-values-in-internationalization-of-higher-education.pdf
Jenkins, J. (2014). English as a lingua franca in the international university: The politics of academic English language policy. London: Routledge.
Jordan, J. (2012). Redesigning composition for multilingual realities. Urbana, IL: NCTE.
Lillis, T., & Curry, M. J. (2010). Academic writing in a global context: The politics and practices of publishing in English. London: Routledge.
Lu, M.-Z. (2004). An essay on the work of composition: Composing English against the order of fast capitalism. College Composition and Communication, 56(1), 16–50.
Martins, D. S. (Ed.). (2015). Transnational writing program administration. Logan: Utah State University Press.
Matsuda, P. K. (2008). Myth 8: International and U.S. resident ESL writers cannot be taught in the same class. In J. M. Reid (Ed.), Writing myths: Applying second language research to classroom teaching (pp. 159–176). Ann Arbor: University of Michigan Press.
Matsuda, P. K., Fruit, M., Lee, T. M., & Lamm, B. (Eds.). (2006). Bridging the disciplinary divide: Integrating a second-language perspective into writing programs. WPA: Writing Program Administration 30(1–2).
Miller-Cochran, S. (2012). Beyond “ESL writing”: Teaching cross-cultural composition at a community college. Teaching English in the Two-Year College, 40(1), 20–30.
Milson-Whyte, V. (2015). Academic writing instruction for creole-influenced students. Jamaica: University of the West Indies Press.
Siepmann, D. (2006). Academic writing and culture: An overview of differences between English, French and German. Meta: Translators’ Journal, 51(1), 131–150.
Tang, R. (Ed.). (2012). Academic writing in a second or foreign language: Issues and challenges facing ESL/EFL academic writers in higher education contexts. London: Continuum.
Thaiss, C., Bräuer, G., Carlino, P., Ganobcsik-Williams, L., & Sinha, A. (Eds.) (2012). Writing programs worldwide: Programs of academic writing in many places. Boulder, CO: The WAC Clearinghouse; Anderson, SC: Parlor Press.
Thesen, L., & Cooper, L. (2014). Risk in academic writing: Postgraduate students, their teachers and the making of knowledge. Bristol, UK: Multilingual Matters.
Uzuner, S. (2008). Multilingual scholars’ participation in core/global academic communities: A literature review. Journal of English for Academic Purposes, 7(4), 250–263.
Villa, E. X., & Bretxa, V. (Eds.). (2014). Language policy in higher education: The case of medium-sized languages. Bristol, UK: Multilingual Matters.
Whitsed, C., & Green, W. (2014). What’s in a name? A theoretical exploration of the proliferation of labels for international education across the higher education sector. Journal of Studies in International Education, 18(2), 105–119.
You, X. (2010). Writing in the devil’s tongue: A history of English composition in China. Carbondale, IL: Southern Illinois University Press.
You, X. (2016). Cosmopolitan English and transliteracy. Carbondale, IL: Southern Illinois University Press.
Young, V. A., & Martinez, A. Y. (Eds.). (2011). Code-meshing as world English: Pedagogy, policy, performance. Urbana, IL: NCTE.
Zarate, G., Le´vy, D., & Kramsch, C. (Eds.). (2008). Pre´cis du plurilinguisme et du pluriculturalisme. Paris: Editions des archives contemporaines.

This position statement may be printed, copied, and disseminated without permission from NCTE.

Renew Your Membership

Join CCCC today!
Learn more about the SWR book series.
Connect with CCCC
CCCC on Facebook
CCCC on LinkedIn
CCCC on Twitter
CCCC on Tumblr
OWI Principles Statement
Join the OWI discussion

Copyright

Copyright © 1998 - 2025 National Council of Teachers of English. All rights reserved in all media.

1111 W. Kenyon Road, Urbana, Illinois 61801-1096 Phone: 217-328-3870 or 877-369-6283

Looking for information? Browse our FAQs, tour our sitemap and store sitemap, or contact NCTE

Read our Privacy Policy Statement and Links Policy. Use of this site signifies your agreement to the Terms of Use