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Update on Google Book Settlement: What Can Your Students Access?

Kim. D. Gainer
Radford University

Google Books allows readers to search digitized books as if they were web sites. Depending upon a book’s copyright status and upon the settings chosen by authors and publishers, the results of a search may allow a reader to see as little as a snippet from a volume or as much as an entire book.

Google inaugurated this search feature in 2004. The following year, two suits charging copyright infringement were filed against Google. Litigation led to negotiation, and in 2008 a settlement was announced between Google, the Association of American Publishers, and the Authors Guild. This settlement was subsequently amended in 2009, and the amended settlement received preliminary approval, also in 2009. The final hearing on the proposed settlement was held the following year. The latest twist in the case occurred last month, when, in spite of having granted preliminary approval, the judge in the case rejected the settlement. Several groups, including the American Library Association, had expressed concern over such issues as the control that Google potentially would have gained over “orphan” books that are out of print and whose copyright holders are unidentifiable or unreachable. 

In spite of the potential drawbacks of the settlement, it might have made many books available that are otherwise out of the reach of readers without access to large research libraries. Both the original and the amended versions of the settlement would have created a subscription service for libraries and other institutions that would have provided access to the full texts of books that were under copyright but out of print. In addition, a certain level of access to these books would have been provided free of charge. This free public access would have been available at one computer terminal for every 10,000 students at not-for-profit colleges or universities granting bachelor’s degrees and at one computer terminal for every 4,000 students at not-for profit colleges granting associate’s degrees. In addition, for public library systems, access would have been available at one terminal per each library building.

The future of the proposed subscription service and of free public access to the full texts of copyrighted books that are out of print is now uncertain, but readers who have been conducting searches via Google Books will not notice any immediate reduction in their current access to resources as a result of the judge’s decision. Google has scanned two million books in the public domain, and those volumes will continue to be freely accessible in their entirety. Readers also still will be able to access expanded previews of some copyrighted books as a result of agreements separate from the proposed settlement. However, there will be no expanded access to the large number of additional books that would have been covered by the settlement.

Going forward, the organizations that originally brought suit against Google have several options, which include resuming litigation or renegotiating the settlement, as they have done once before. The judge in the case identified one modification that might make a settlement acceptable: changing an “opt out” provision for copyright holders to an “opt in” one instead.

Changes in the law may also revive the prospects for a settlement. In 2008 Congress considered legislation that would have addressed the problem of orphan books. The unresolved Google Books settlement may provide the impetus for Congress to return to the issue and pass the legislation that it failed to approve three years ago.

Meanwhile, instructors must help their student make effective use of Google Books as it currently exists. Students need to understand the impact copyright date will have on whether and to what extent they can access a book via this search tool, and they need to recognize that in some cases Google Books can point them to a resource that they may need to acquire via interlibrary loan or by visiting a bricks-and-mortar library. Even in its current restricted form, Google Books may be useful to students, even if only to illustrate that copyright matters to anyone seeking access to books.

This column is sponsored by the Intellectual Property Committee of the CCCC and the CCCC-Intellectual Property Caucus. The IP Caucus maintains a mailing list. If you would like to receive notices of programs sponsored by the Caucus or of opportunities to submit articles to either this column or to an annual report on intellectual property issues, please contact kgainer@radford.edu.

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Dean #1

Teresa Thomas: Case #2

Characterization of Institution

Research II

Characterization of Department

M.A.  granted in English

How would this case turn out in your department?  At your university/college?

In your description, you make the point that this department “…had so far failed to distinguish itself in electronic media. In hiring her, the head fnew that the graduate students would be well served…”  I think she also fnew that the department would be well served….and it was.  I’d say this young professor had been “had.”  On the one hand, she was used to build the technological  credibility of the department.  On the other, she was “dinged” for the very thing she was brought in to do.

At the “Research 1” institution I have the most experience discussing, a similar case occurred where tenure was not awarded.  However, the professor was brought in to focus on a particular area (specifically technology).  Yet this professor decided to dauble in a variety of areas, mostly involving literature.  Though her work was well done and published in good journals,there was no focus for her research, nor did she publish in the area expected.  She thus did not get tenure.

The difference is that this person was told FROM THE BEGINNING what was expected.  She was reminded each year of the same.  Yet she chose to publish as she did.  From what you describe in this scenario,your Professor Thomas was told no such thing.  It seems that she was given every reason to believe that she was fulfilling all areas of the professoriate in a splendid way. Then, in her third year, the rules change because some (particularly parochial, cranky) third internal referee decides (probably because he doesn’t know how to use his computer) that she should publish in print?  No fair!  They should have made those expectations clear from the beginning. You can’t change the rules in the third inning.

I believe that a fair decision would be to grant this professor tenure.  As I will elaborate below, the university could have a suit on its hands otherwise.

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

The department head should have made the expectation for print publishing clear at the beginning.  She should also have defended (and protected) this junior-level professor from Professor Grouch (the third reviewer).  She should not have agreed to “have a good talk” with Dr. Thomas.  And she should have been a better mentor throughout.  Tenure should provide no surprises along the way.  On the other hand, she did provide some positive guidance.  Witness Thomas’ tremendous accomplishments along the way. 

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

The Personnel Committee led Thomas to think her work was fine the first couple of years.  Thus, she was encouraged to continue on her path.  It was not until a recalcitrant faculty member pulled the committee up short [that there was trouble].  The personnel Committee had the obligation to give her a clear understanding of the expectations for tenure from the beginning.  It also had the responsibility to defend her work for the faculty member who doubted it.  The committee failed greatly by changing the expectations for tenure in midstream (or later), a grievable action, I believe.  Thomas had a case.

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

Same as above.  A Dean has the responsibility to ensure that all faculty are treated fairly.  Thomas’ yearly reviews should be fair indications of her progress with warnings or cautions guiding her.  If there were “issues” to be concerned with, the Dean or the Dean’s designee (perhaps the Chair)  should have been very clear as to what Thomas needed to do to bring about a successful tenure decision.  This was not done, and, as they say in some circles, “The buck always stops with the Dean.”

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

Thomas fulfilled her responsibilities in each area of expectation described.  Her publications were in keeping with her fields, both  in the technology arena and the rhetorical world.  She brought these disciplines together in interesting ways.  She was a great teacher and provided the department with outstanding service (though we don’t hear here of the traditional ways a faculty member participates in “service”).  She listened to the chair after her third year evaluation.  She probably decided not to follow the advice for her own reasons (which we are not privy to).  Perhaps she knows she can go somewhere else with this outstanding record where she will be better appreciated. Or perhaps she has dug in her heels and decided to continue her research agenda and challenge the impending dissonance.  Who knows?  I wouldn’t blame her if she did.  And Ithink she’d have a case, particularly because I’ll bet external reviewers would praise her work greatly. 

What went wrong?  What went right?

What went right: Spencer tries to figure out the situation, tries to adjust demands on his time (that is, he suggests a committee to help him in his work; publishes in the area of his teaching; completes his grant work).  Unfortunately, every time he tries to make adjustments, the system undermines him (the committee is volunteer rather than appointed; to publish in his teaching area requires development of new courses; to complete the grant he alienates the faculty member who becomes chair).   This case COULD have come out differently if Spencer had more support and attention from his chair and from members of the T&P committee.

Maricela Guzman: Case #3

 

Maricela Guzman was hired as Writing Center Director at a branch campus of a moderately large university.  In her interview, she displayed an uncanny breadth of knowledge about technology but seemed unable to answer
questions about how that technological expertise would translate into writing center practice and administration.  The administrators at the branch campus were really quite interested in developing a new program in technology and culture, so they overlooked the shortcomings in composition studies and argued for her hire.  She was hired into a tenure-stream position.

As an assistant professor,Guzman runs the writing center, argues forcefully for an assistant and maintains her scholarship.  Her scholarship includes three articles in refereed journals and three articles in online journals.  It also   includes a CD-Rom project on the planet Mars.   In addition, Guzman presents at conferences, those having to do with technology, computers and writing, and CCCC.  Her print-published work is translated for European markets.  The CD-Rom project is selected by Doubleday as the selection of the month in science (Doubleday having moved from “book of the month” to “selection of the month” so as to consider other than print media).  As a scholar within the digital paradigm some people consider Guzman to be  on a par with nationally-recognized full professors by the third-year review period.

At third year review, discussion among the tenured faculty is uneventful.  The only comments heard are comments of praise.  Yet when the Chair of the Personnel Committee discusses the results of the balloting with the Department Chair, he learns that her recommendation will be a mixed one, despite a departmentally approved policy to recognize on line and other technological research.  The Department Chair says her recommendation will be mixed because faculty argue that Guzman is not performing recognized scholarship in the fields covered by English studies.  None will gainsay Guzman’s expertise in the sciences, but some faculty say she was not hired to do scientific work.  And the administration at the branch campus is pressing the chair to raise her teaching load, now that the technologies and culture program is up and running, arguing that Guzman spends very little time in the writing center.

Now, in her fifth year, Guzman is interested in pursuing questions of racism and gender within computer technology, but she  is also cautious.  She will likely gain tenure, but her sense of community and her sense of mission have become real concerns.  She doesn’t quite know what to do, despite the Department Chair’s promise to support her.

Tenure and Promotion Cases for Composition Faculty Who Work with Technology

Dean #1

Jared Johns: Case #1

Characterization of Institution

Research II University

Characterization of Department

Ph.D. granted in English (British, world, and American literature. applied lingusitics and composition)
M.A. granted in English (general, composition and literature)
M.A. granted in linguistics
M.A. granted in TESOL
B.A. in English
B.A. and B.S. in English Education

How would Jared Johns’ case turn out in your department?  At your university/college?

I believe in a way similar to the department described, though perhaps not by quite so close a vote.  Our department too would give counsel to Dr. Johns along the lines described.

I as dean would support the recommendation of the department which in essence says that Dr. Johns is making positive progress toward tenure but that he needs to enhance his CV with some standard peer reviewed publications and make some changes in his teaching—both content and method.

But in addition, I would send a letter to Prof. Johns indicating my support of the department’s recommendation but suggest that to attain tenure he has several tasks to accomplish:  additional refereed print publications, assist the department in finding outside reviewers of his electronic publications, and make important changes in his teaching.  To attain these goals in the relatively short amount of time still available, he will also need to lighten up at all points on the service front.

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

The chair certainly needs to discuss with Dr. Johns everything that has been communicated to the chair by the committee.  While probably the chair has not had enough conversations with Prof. Johns in the first 4 years, he  definitely has not ignored the issues highlighted in the fourth year review.  But now he must be very explicit and direct because Dr. Johns will not be awarded tenure if he does not demonstrate significant progress in the areas of refereed publications and improved teaching.

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

Certainly the Personnel Committee needs to be explicit in written form.  What they provided the chair by way of evaluation of Dr. Johns should be copied to the candidate.  I believe they conducted themselves responsibly.  But what I do not know is whether their conclusions and observations were communicated to Prof. Johns other than indirectly through the chair.

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

As nearly as I can tell, the dean has not been involved in the process (not that the dean should be much involved up to this point, given the review system in place at University X).  I guess I would infer that at University X the dean becomes involved only at the end when s/he receives the department’s recommendation.

I much prefer the system at my university where each year every nontenured faculty is reviewed at all levels with respect to “progress toward tenure.”  In this system there is the obligation of the dean to review each nontenured faculty member’s progress to date and must decide pro or con, or if favorable, possibly to send a letter to the faculty member giving “deanly” advice both in light of what the department has said and recommended, and what the dean might have observed upon review of the materials submitted.

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

Dr. Johns of course has primary responsibility for himself and needs to heed the counsel he is given.  He has not done too well at that.  He did not pay close enough attention to advice given regarding his teaching, his choice of publication outlets, and his service commitments.

Or perhaps he was listening more closely to others who are not identified in the case study.

What went wrong?  What went right?

It strikes me that department colleagues and the chair conducted themselves appropriately (though note my speculation about the chair above).  I believe they want Prof. Johns to succeed.  But he needs to be careful that his enthusiasm for technology does not so dominate what he does that he jeopardizes his position.  He is probably pushing his technology too fast in his undergraduate teaching.  And he needs to put some of those great conference presentations into traditional article form.  He needs to “tune in” to the system more carefully than he appears to have done so far. 

Additional Comments

I assume University X has a 6 or 7 year probationary period for tenure.

Department Chair #2

Jared Johns: Case #1

Characterization of Institution

Research I University

(For 4th year review, research expectations are that candidates have at minimum a completed book manuscript of high quality (it doesn’t have to be accepted at that point; by 6th year it does); teaching expectations are that candidates be “excellent”; service expectations are that candidates do their assigned service well and that they participate in the life of the department beyond their minimal assignments.)

Characterization of Department

Ph.D. granted in English
M.A. granted in English
B.A. granted in English

(Although all the degrees are in English, students can—and do—specialize in Composition/Rhetoric at all levels.)

How would Jared Johns’ case turn out in your department?  At your university/college?

A lot would depend on the department’s qualitative evaluation of the on-line book. On-line publications count in our department, though we want them to be refereed. The status of the review process for Johns’s book would need to be clarified.  Finally, though, if most people agreed with the report of the external reviewer, then the recommendation would be positive.  Johns, however, would be given warnings about the need to improve the undergraduate teaching—both by adjusting the syllabi so that his courses achieve the department’s general goals and by increasing his effectiveness with the range of students who sign up for those courses. We would praise his graduate teaching, and we’d talk with him about whether he was carrying too heavy a load of advising.   We would also praise Johns’s service, which seems extraordinary, though we’d encourage him to see if someone else could take over as manager/moderator of the Technology and Pedagogy listserv.

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

The Chair needs to be sure Johns understands the tenure expectations and how his choices and his ongoing performance either match or don’t match with those expectations.  He also needs to communicate what’s involved in Johns’s administration of the computer facility—to what extent is Johns responsible for technical support and to what extent is Johns responsible for promoting research and instruction with technology.

The Chair did well in the first conference with Johns—the advice was clear and appropriate—but then the Chair failed by not continuing to communicate with Johns except to tell him to write the letter to the unhappy parents of his student. The Chair did not do well in communicating with Johns about the position of computer-facility administrator.

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

The Personnel Committee’s responsibilities are to examine Johns’s record in relation to the established departmental criteria and standards in research, teaching, and service. The Committee doesn’t seem to be fulfilling those responsibilities very well, since they instruct the Chair to tell Johns to publish only in refeered print journals, when the department is on record as recognizing “electronic publication,” if peer-reviewed. The message should have been to ensure that electronic publications are peer-reviewed.

Furthermore, the question of whether the book will count—and for how much–needs to be answered much more definitively and in clear reference to the departmental criteria and standards. Does it not count at all because of the questions about peer-review?  Does it count as the equivalent of 2-3 refereed articles?  What are the quantitative expectations for Johns between now and the tenure review?  The Committee and the Chair need to make that clear to him.

A related point: whether the poetry should count seems one that should be handled in reference to a general policy about publication outside the field for which one is hired rather than by the Committee’s judgment in John’s case.

The Committee also seems not to be giving Johns sufficient credit for his service or his graduate teaching—but again it would be helpful to know more about general criteria and standards.  The assessment of the undergraduate teaching seems OK in some respects, troubling in others. Concern about Johns being below the departmental standard for his courses is appropriate, and the concern about whether the innovative assignments were fulfilling the goals of the course seems fair. But, other parts of their assessment seem questionable: the lack of conventional argumentative work shouldn’t by itself be bothersome unless the unconventional work doesn’t produce relevant argumentative skill; not reviewing the visual argument assignment because one’s machine doesn’t have a Java plug-in seems lame.

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

The Dean has the responsibility to ensure that the Chair is giving appropriate and regular guidance to the junior faculty.  S/he also might have taken steps so that the University would identify technology-rich courses in the catalogue.  (Someone should have done that for the sake of both students and instructors.)  In any case, since the Dean doesn’t figure in this narrative, the inference is that the Dean didn’t carry out these responsibilities.

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

He’s responsible for carrying out his teaching, research, and service assignments as effectively as he can.  He is also responsible for knowing the objectives of the department’s courses and for knowing the criteria and standards for tenure. He’s also responsible for his own career, and in that respect, he needs to make sure that his colleagues know enough about the nature of his work for them to judge it appropriately.

He seems to be a very conscientious worker, and it’s clear that he’s made good contributions to his department. But he’s also made some mistakes. He, too, could have done a better job in the communication about his duties as administrator of the computer-facility.

He should have asked more questions about the publisher of his book, and, indeed, about whether he should pursue that publication or focus on journal articles.  He should have been wiser about the amount of time he devoted to service. He should have adjusted his teaching of the undergraduate courses. He should have taken the advice of the Graduate Studies Director.

What went wrong?  What went right?

What went right is that Johns passed the review.  What went wrong is that there was not enough recognition on the part of the department and of Johns that he was not the standard junior faculty member and that everyone needed to make some adjustments as a result of that—even as the department could maintain its basic criteria and standards.

Jared Johns: Case #1

A newly minted Ph.D. in rhetoric and composition, Jared Johns, is hired by University X

because of his specialization—and interest—in new media.  Coming into the job search, Johns has two publications in print (one review essay in Computers and Composition and one article in the same journal). Computers and Composition is a journal that operates under a blind-review system and accepts approximately 1/3 of the articles sent its way.  Johns also has an online publication in Kairos, a journal that operates on two-tiered review system.  All submissions for this journal are reviewed first by the Editorial Review Board and, if they pass muster, are assigned developmental editors who work with the author to develop the piece for publication.

 

Johns joins the faculty in the Department of English and is asked to administer the department’s computer facility (for which he gets one course of release-time each semester, sit on the university’s computer-fee committee, and teach two courses a semester.  During his first year, Johns struggles a bit with his teaching.  It is not clear whether the low student evaluations are due to his use of unfamiliar technologies in a school that has not heretofore used technology in first year-English courses or whether students in his classes are struggling with the online tasks he asks them to do, or whether his teaching skills are problematic.

 

As a matter of department procedure, a senior faculty member—an Elizabethan specialist, and a self-professed technology buff—visited Johns’ class and observed his teaching, but only remarked that he got lost early in the hour because of the technical terms Johns was using.  He reported that students worked in teams on an assignment involving computer-based, visual arguments in the form of an enthymeme, but noted that he didn’t see any connection with the regular argumentation assignment that the first-year teachers were supposed to be working with and was worried that the students in this class would come out of ENGL101 without a full understanding of persuasive argumentation.

 

Johns’ graduate course—on the relationship between humans and computers—went much better and yielded high course evaluations.  Lots of graduate students decided they wanted to work with Johns, and he found himself serving on 14 committees.  No graduate student asked him to Chair a committee because they recognized him as a new faculty member without a reputation, but they all wanted him to serve and help them think about the implications of using technology.

 

The department chair—as self-professed fan of technology use and a Blake scholar—called Johns in for a conference after his first term and encouraged him to take it slow with technology in his courses, develop some self-paced tutorials for students who need extra help with technology, and have the Director of the Center for Teaching Excellence visit his classes.  He also noted that Johns was responsible for making sure that students in his first-year composition class got the same kind of instruction in his section as in all other sections so that they would be properly prepared for the second-semester composition course.

 

During the second term, Johns focused on the administration of the departmental computer-facility.  He recruited and organized a cadre of volunteer students to staff the place given that he did not have a consistent source of departmental funding (the department had voted to allocate money to library purchases rather than to salary for the computer facility).  He was a bit wary of approaching the Chair for additional funds given his teaching difficulties.  Organizing the cadre of technical consultants (30 in all) took more of Johns’ time than he had anticipated, and he found himself spending weekends at the computer lab with them—trouble shooting machines, installing new software, training the new consultants.  And the ordinary kinds of problems arose:  early in the second semester, one of the student consultants caused a row with a faculty member because he refused to give up his machine when the faculty member came into the lab with a project to do—Johns had to mediate.  Another time, two faculty members asked Johns to purchase an expensive piece of software for the lab, a complete set of grammar tutorials, but Johns refused on the basis that such tutorials were not pedagogically sound and the software purchase would keep him from buying other packages that the lab really needed.  Finally, Johns tried to get together a technology advisory committee for the department, but only the graduate students were willing to serve.

 

During this year and the next year, a number of faculty members asked Johns to talk to their classes and to help them with technology plans and problems in their courses.  And even though the Chair noted that he did not have to honor such requests, Johns was no dummy—he knew that some of these colleagues would be evaluating his tenure and promotion case at the end of his fourth year, and so he was generous with his time.  Johns also served on the university computer-fee committee and was elected Chair of that committee because none of the other faculty were willing to take on that job.

 

Johns’ publication efforts went slowly.  He had volunteered to moderate a very active listserv—entitled Technology and Pedagogy—(hoping that it would give him some understanding of his own teaching challenges), and he gave papers at 3-4 major conferences each year.  Conference-review teams loved Johns’ work—it was cool and interesting, and he gave a great oral presentation.  He always attracted a crowd.  By the end of his third year, Johns had three papers accepted and published in conference proceedings, and two poems published in an online poetry journal The Thin Silver Line, a refereed collection, but with an 89% acceptance rate. He also had a chapter published in an edited collection of work on teaching with technology—in which he described some of the projects he had students doing in his classes in response to a linked series of assignments on Neo-Nazi web sites.   He was working on a project to turn his dissertation (on the nature of cybercollaboration in a particular online community of faith healers) into a book, but he had a difficult time finding a publisher who would give him a contract.  He was loath to let the effort go, however, after sinking many hours into the 200 pages he had written for the prospectus.  Finally, a new, experimental online publishing concern said they would publish the manuscript if he would maintain a web site in connection with it—and if he would answer readers’ questions and respond to their comments on the text as they arose.

 

Johns’ teaching continued to be uneven—he did better in graduate classes than in undergraduate courses.  He always invited people in to see the projects that his students did—often inviting administrators outside the department to visit the web sites he had students build for class.  Both the Provost and the Director of the Academic Computing group thought that Johns’ classes were innovative if unorthodox.  There were always a few student complaints from his courses, mostly about his insistence that the students use technology.  The university did not believe in marking technology-rich sections in the catalogue and students didn’t know until they got into Johns’ course what was involved.  In the Spring semester of his third year, a parent of one of the students in Johns’ class wrote the President and complained that their son was taking first-year composition from Johns but not learning to use correct grammar.  The student had written an e-mail message home to a colleague of his father to apply for a summer job and had made such egregious errors that his dad was embarrassed.  The father wrote the President to complain, and the President wrote the Department Chair to complain.  And the department Chair asked Johns to write a letter to the parent (copying the president) explaining his approaches.

 

In his fourth year, Johns continued work on his manuscript to be published online, continued his work with the departmental computing facility, and continued teaching. He had served on a total of 16 Masters level committees and 8 Ph.D. committees, although he had chaired only one Ph.D. committee—after the original Chair had gone on extended leave in England—and that student had graduated but not gotten a job.  The department’s Director of Graduate Studies had talked to Johns and told him to cut down on the graduate-student committees he served on, but Johns seemed incapable of saying “no” to graduate students. Johns also had gotten a Faculty Development grant for $13,000 to create a multimedia workstation in the departmental computer lab and approximately $11,000 of free software and hardware from outside venders.

 

At the end of his fourth year, the departmental Personnel Committee reviewed Johns’ case and sent a mixed review to the Chair.  Teaching evaluations were gauged at a barely acceptable level (the rest of the department’s were higher for the same courses).  The Committee remarked on the nature of the online assignments that Johns had submitted in an online teaching portfolio and the quality of the projects his students had done.  The committee members considered these assignments to be innovative, but not always appropriate for first-year students who needed to master the conventions of academic discourse before they went on to their majors courses. Two committee members were bothered by the lack of conventional argumentation work represented among the students’ work and by the poor quality of the proofreading in the projects.  Another Committee member liked the visual argument assignment.  But two committee members were unable to review that assignment because their machines lacked the required Java plug-in. Service was judged to be good—lots of colleagues had remarked on the fine job Johns was doing; the departmental facility was doing fine.  Scholarly productivity was evaluated as marginal at best and did not look like the kind of case that would fly in a regular tenure review.  Members of the committee had difficulty with the electronic book idea, and did not think it would qualify as peer-reviewed.  They also noted that Johns had not been hired to publish poetry so his online poetry should not count.  They noted that this assessment left Johns with one book chapter (which really was not refereed in the traditional sense), one online article (not peer-reviewed in the traditional sense), an online book (which they had no idea if anyone had read), and three pieces in proceedings.  The typical departmental standard for publication output at tenure time was at least six, peer-refereed articles in first- or second-tier journals.  The department recognized electronic publication, but noted that such publication should be peer refereed.  Johns’ letters from outside reviewers’ (which the Personnel Committee asked for because they were relatively unfamiliar with electronic scholarship) were outstanding:  a full professor lauded his service on the Editorial Board of Computers and Composition and his leadership as the Technology and Pedagogy listserv moderator, as well as his book chapter and his online book, which he deemed  “groundbreaking.”  Two Associate-level reviewers mentioned speaking with him at conferences and said that his papers in the conference proceedings were incisive and thoughtful.

 

The Committee voted 4-5 in favor of re-appointment, but said the Chair should give Johns a stern warning to publish only in refereed print journals until he finished his probationary period and received tenure.

Tenure and Promotion Cases for Composition Faculty Who Work with Technology

Tenure and Promotion Cases for Composition Faculty Who Work with Technology

Introduction

This Web site is designed for composition faculty whose professional lives focus on computer technology.  It provides multiple perspectives on the ways others—especially department chairs and members of tenure and promotion committees—may see and evaluate work with technology.

This site outlines five fictional tenure and promotion cases of composition faculty who work with computer technology—addressing their contributions in the area of teaching, scholarship, and service.

Linked to each case are the comments of real department chairs, deans, and personnel committee chairs, writing anonymously and frankly about how the case would be evaluated at their institutions.  We have tried to include assessments from individuals at a wide range of institutions, so that the site is useful to as many faculty members as possible.

The evaluations of these cases should not be substituted for the advice of the dean, department chair, and personnel committee chair on a candidate’s own campus.  Nor do these evaluations represent, in any way, an official position of the CCCC.

This site is sponsored by the CCCC Committee on Computers in Composition (the 7 Cs) and compiled by the following sub-committee members in 2001:

Cynthia L. Selfe, sub-committee Chair, Michigan Technological University
Linda Hanson, Ball State University
Gail Hawisher, University of Illinois, Urbana-Champaign
Victor Villanueva, Jr., Washington State University
Kathleen Yancey, Clemson University

Background

Resources

Background

Widespread work with computer technology in the field of composition studies began during the1980s when the first fully assembled microcomputers began making their way, in large numbers, into American classrooms, specifically English, language arts, and composition classrooms.

Faced with the reality of computer environments that were fast becoming the accepted milieu for literacy practices and values, universities and departments began seeking qualified candidates well prepared in the areas of composition and rhetoric, and yet knowledgeable about the computer environments that had begun changing communication on local, national, and global levels.

Given the relative youth of this specialized area, departments and universities continue to face some distinctive challenges when dealing with the preparation and assessment of faculty bringing forward tenure and promotion cases.

At least four major factors figure into these challenges.  The first challenge involves the preparation of these professionals—which often takes place in Ph.D. programs in Rhetoric and Composition or English.  Within such contexts, the interests of computers and composition specialists represent an unusual blend of humanist and technological.  In their graduate preparation, these scholars may combine—among many other areas of study—composition theory, rhetorical theory, technology studies, computer science, critical and social theories, new-media studies, and communication.  As a result of this non-traditional preparation, scholars who focus their work on technology may have a wide range of expectations about their own responsibilities to a department and the ways in which tenure and promotion criteria apply to the work they may do.

Second, because these professionals often cross traditional disciplinary boundaries in their scholarly work as well as their preparation, they may publish in unfamiliar journals or emerging digital venues that can accommodate their work.   The publications that such specialists produce may also take digital forms unfamiliar to department chairs, other colleagues, and tenure and promotion committees:  among just a few of these, new-media texts, hypertexts, software, CDs, visual arguments and narratives, digitized documentaries or coverwebs.  Similarly, the teaching materials and approaches of these new faculty may diverge from the conventional.  Their syllabi and assignments may be online or in digital forms unfamiliar to other faculty.  Their classes may take place in electronic environments or their exchanges with students and colleagues may be conducted in synchronous exchanges.  As a result, the teaching and scholarly profiles of these colleagues may take unfamiliar forms.

Third, composition professionals who focus their work on technology—faced with the complex task of keeping abreast of fast-changing communication technologies and helping their departments to do so, as well—may be asked to take on departmental assignments that involve an unusually heavy time commitment and service load:  administering a computer-supported writing facility; assisting departmental faculty with distance-education efforts; serving on university, college, and department technology committees; helping colleagues learn how to use instructional technology; supervising graduate students teaching in computer-supported classrooms.  As a result, their departmental profiles may look unlike those of other colleagues, their work loads may need adjusting, or their progress toward tenure and promotion may need special attention.

Fourth, faculty members who focus their work on technology are often charged with staying abreast of changing technology and exploring new forms of digital composition, literacy, texts, and professional involvement.  As a result, they may value various forms of scholarship, teaching, and service work that are unfamiliar to other department members and to the university as a whole.  Hence faculty members who work with technology need to meet regularly with department chairs and the chairs of department personnel committees to clarify expectations for tenure and promotion and their progress toward tenure and promotion.

For more information about these factors and advice that may benefit new faculty working with technology, see the links provided to statements of the CCCC and the MLA.

Tenure and Promotion Cases for Composition Faculty Who Work with Technology

CCCC Committees and Task Forces

Committees are appointed for terms not to exceed three years. Committee terms end during the month and year indicated. The Executive Committee may reconstitute a committee at the end of its term. The committee chair must submit a request for renewal more than six weeks prior to the upcoming CCCC Executive Committee Meeting if the committee wishes to request reconstitution. CCCC Committee Chairs should refer to the CCCC Committee Management Guidelines document for more information. The following are current CCCC 3-year committees.

Visit the CCCC Resources page for a variety of resources resulting from the work of previous CCCC committees.

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Committees

Accountability for Equity and Inclusion Committee

Committee on Academic Freedom, Tenure/Renewal/Reappointment, and Employment Security (March 2028)

Committee for Decolonizing Writing, Rhetoric, and Communication Curriculum, Pedagogy, and Organizational Culture (March 2027)

Committee on Computers in Composition and Communication (November 2024)

Committee on Disability Issues

Language Policy Committee

Newcomers’ Welcoming Committee

Research Committee

Social Justice at the Convention Committee

Committee on Undergraduate Research

Current CCCC Task Forces

Top Intellectual Property Developments of 2015

Introduction to the 2015 CCCC-IP Annual

by Clancy Ratliff

I remember being in John Logie’s rhetoric and intellectual property seminar at the University of Minnesota in 2003.


From my personal archives: a photo of the course syllabus.

He would often ask us to find news stories about, to use his phrase, the IP landscape, and in class we would juxtapose our discussions of critical theory of authorship and complex analysis of copyright law with current news about intellectual property issues. This began a habit of mind for me, which after about a decade I have systematized: all through the year, I see interesting stories in my social media feeds and my other reading, and I paste those URLs into a TextEdit document (and I’m increasingly doing screen capturing to augment this), which I turn into a CFP around the end of each year – a wish list of topics I hope people will want to write about, and they do, and very well.

In the 2015 Caucus meeting, we decided to start including a dedicated pedagogy section in the Annual. All the articles have had connections to rhetoric and composition in some way, but the three articles in the Pedagogy section this year are more explicitly directed toward classroom application and reflections on teaching writing. Kristi Murray Costello’s excellent analysis of the FI (failure for cheating or plagiarism) course grade is the first scholarly examination in our field of this new institutional development. Steven Engel gives us several clever classroom activities about the misattributed quotation on the Maya Angelou postage stamp that help students better understand authorship. Kathrin Kottemann helps us reflect on what we’re asking students to do as authors; through her research about catfishing, an online dating phenomenon, she raises the question: are we asking our students to be catfish? To pretend to be someone else?  In future years, we hope to have not only pieces such as these, but other teaching genres as well: syllabuses for new courses on IP issues, lesson plans, assignment descriptions, and curated lists of resources for teaching about copyright and authorship.

After the section of articles that are closely related to pedagogy is the section I’m calling Copyright and Authorship in Culture. The six articles in this section all look at 2015 events in the IP landscape and situate them in rhetoric and composition broadly. Matthew Teutsch illustrates the stakes of appropriation in his analysis of a political cartoon on Twitter that perhaps some of us saw: the lowering of the Confederate flag followed by the raising of the LGBT pride flag, a visual comment on two of the most important (and in one case, tragic) historical moments of the year. Craig A. Meyer writes about an artist who enlarged and printed Instagram photos of members of SuicideGirls, an adult lifestyle brand, as they describe themselves online. I will admit that I found the moving of the Instagram images across contexts to large gallery-quality prints to be an inventive and chic stylizing. However, the artist did not inform anyone in SuicideGirls that he intended to do this, and he sold the images for $90,000 each. Meyer’s analysis of this case is insightful.

William Duffy provides an impressively thorough explanation of the complexities and stakes of the “defeat devices” in Volkswagens: software that reported false data about emissions. Freedom to tinker in this case has implications for the environment, road safety, and much more. Wendy Warren Austin has taken the news story about the emergence of the kilo-author – which is exactly what it sounds like: 1000 or more co-authors – and made a substantial contribution to composition scholarship in her analysis of authorship in the sciences.

Laurie Cubbison continues her tracking of Taylor Swift’s copyright advocacy, which began in the last CCCC-IP Annual with a report about Swift’s decision to pull her album from Spotify. This year, Cubbison analyzes Swift’s argument to Apple: she pulled her album from the Apple Music streaming service because artists would not be paid for songs streamed during the free trial period for users, and Apple reacted by agreeing to pay the royalties. Kim Gainer reports on the most recent legal developments involving the status of the song “Happy Birthday,” a song that should have been in the public domain already but has not been. Now, however, those wanting to use “Happy Birthday” in audio or video compositions may do so without worry – though specific performances of the song may still be protected by copyright, of course.

The CCCC-IP Annual has always featured thoughtful and critical reviews of longer texts about copyright and intellectual property, particularly white papers from other organizations such as Creative Commons and the Electronic Frontier Foundation. Traci Zimmerman continues this tradition with a review of a new handbook from the Authors Alliance, Understanding Open Access: When, Why, & How to Make Your Work Openly Accessible.

In sum, I’ve learned a lot from reading this year’s Annual articles, and I hope you do too. If you assign any of them in your classes (they would work so well not only in composition classes, but in technical writing and literature courses also), please contact me and let me know how it went.

 Table of Contents
 1 Introduction to the 2015 Annual
Clancy Ratliff
 Pedagogy
 4 Who’s Failing Who?
Six Questions to Consider Before Adopting the FI Grade

Kristi Murray Costello 
 12 Stamp of Authenticity: Using The Maya Angelou Forever Stamp to Explore Quotation and Authorship
Steven Engel 
 17 Catfishing, Authorship, and Plagiarism in First-Year Writing
Kathrin Kottemann
 Copyright and Authorship in Culture
 20 Cultural Commentary and Fair Use: Bob Englehart, the Southern Poverty Law Center, and Two Flags
Matthew Teutsch 
 28 A Prince, Some Girls, and the Terms: A Canary in the Cave?
Craig A. Meyer
 33 Defeat Devices as Intellectual Property:
A Retrospective Assessment from the DMCA Rulemaking
William Duffy
 47 How Does the Rise of the ‘Kilo-Author’ Affect the Field of Composition and Rhetoric?
Wendy Warren Austin
 54 All She Had to Do Was Stay:
How Apple Music Got Taylor Swift and Avoided Bad Blood

Laurie Cubbison 
 58 A Copyright Ruling Puts the “Happy” Back in Happy Birthday (and Brings an End to the Mortification of Restaurant Servers and Patrons)
Kim Dian Gainer
 Review
 67 Understanding Open Access: When, Why & How to Make Your Work Openly Accessible
Traci Zimmerman 
 73 Contributors

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