COPY(WRITE): INTELLECTUAL PROPERTY in the WRITING CLASSROOM PERSPECTIVES on WRITING Series Editor, Susan H

CopyCopy((write) Intellectual Property in the Writing Classroom Edited by Martine Courant Rife Shaun Slattery Dànielle Nicole DeVoss COPY(WRITE): INTELLECTUAL PROPERTY IN THE WRITING CLASSROOM PERSPECTIVES ON WRITING Series Editor, Susan H. McLeod The Perspectives on Writing series addresses writing studies in a broad sense. Consistent with the wide ranging approaches characteristic of teaching and scholarship in writing across the curriculum, the series presents works that take divergent perspectives on working as a writer, teaching writing, administering writing programs, and studying writing in its various forms. The WAC Clearinghouse and Parlor Press are collaborating so that these books will be widely available through free digital distribution and low-cost print editions. The publishers and the Series editor are teachers and researchers of writing, committed to the principle that knowledge should freely circulate. We see the opportunities that new technologies have for further democratizing knowledge. And we see that to share the power of writing is to share the means for all to articulate their needs, interest, and learning into the great experiment of literacy. Other Books in the Series Charles Bazerman and David R. Russell, Writing Selves/Writing Societies (2003) Gerald P. Delahunty and James Garvey, The English Language: from Sound to Sense (2009) Charles Bazerman, Adair Bonini, and Débora Figueiredo (Eds.), Genre in a Changing World (2009) David Franke, Alex Reid, and Anthony Di Renzo (Eds.), Design Discourse: Composing and Revising Programs in Professional and Technical Writing (2010) Doreen Starke-Meyerring, Anthony Paré, Natasha Artemeva, Miriam Horne, and Larissa Yousoubova, Writing in Knowledge Societies (2011) COPY(WRITE): INTELLECTUAL PROPERTY IN THE WRITING CLASSROOM Edited by Martine Courant Rife Shaun Slattery Dànielle Nicole DeVoss The WAC Clearinghouse wac.colostate.edu Fort Collins, Colorado Parlor Press www.parlorpress.com Anderson, South Carolina The WAC Clearinghouse, Fort Collins, Colorado 80523 Parlor Press, 3015 Brackenberry Drive, Anderson, South Carolina 29621 © 2011 by Martine Courant Rife, Shaun Slattery, and Dànielle Nicole DeVoss. This work is released under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. All other rights reserved. ISBN 978-0-97270-235-5 (pdf) | 978-0-97270-236-2 (epub) | 978-1-60235-262-9 (pbk.) DOI 10.37514/PER-B.2011.2355 Produced in the United States of America Library of Congress Cataloging-in-Publication Data Copy(write) : intellectual property in the writing classroom / edited by Martine Courant Rife, Shaun Slattery, Danielle Nicole DeVoss. p. cm. -- (Perspectives on writing) Includes bibliographical references and index. ISBN 978-1-60235-263-6 (hardcover : alk. paper) -- ISBN 978-1-60235-262-9 (pbk. : alk. paper) -- ISBN 978-0-97270-235-5 (pdf) -- ISBN 978-0-97270-236-2 (epub) 1. Fair use (Copyright)--United States. 2. Rhetoric--Study and teaching (Higher)--United States. 3. Universities and colleges--Law and legislation--United States. I. Rife, Martine Courant. II. Slattery, Shaun. III. DeVoss, Dànielle Nicole. IV. Title: Copyright. KF3030.1.C67 2011 346.7304’82--dc23 2011036344 Copyeditor: Daisy Levy Designer: Jeremy Harder Series Editor: Susan H. McLeod The WAC Clearinghouse supports teachers of writing across the disciplines. Hosted by Colorado State University, it brings together scholarly journals and book series as well as resources for teachers who use writing in their courses. This book is available in digital format for free download at wac.colostate.edu. Parlor Press, LLC is an independent publisher of scholarly and trade titles in print and multimedia formats. This book is available in paperback, cloth, and Adobe eBook formats from Parlor Press at www.parlorpress.com. For submission information or to find out about Parlor Press publications, write to Parlor Press, 3015 Brackenberry Drive, Anderson, South Carolina 29621, or e-mail [email protected]. The editors dedicate this collection to the late Russ Wiebe. We miss you, friend and collaborator. v vi CONTENTS Preface ...................................................xi Martine Courant Rife, Shaun Slattery, and Dànielle Nicole DeVoss Part I: The Law, the Landscape ................................. 1 1 The Fair Use Battle for Scholarly Works ...........................................3 Jeffrey Galin 2 Plagiarism and Promiscuity, Authors and Plagiarisms .............29 Russel Wiebe 3 Authoring Academic Agency: Charting the Tensions between Work-for- hire University Copyright Policies ............................ 49 Timothy R. Amidon 4 Soul Remedy: Turnitin and the Visual Design of End User License Agreements .............................................79 Barclay Barrios 5 Images, the Commonplace Book, and Digital Self-Fashioning ......99 Bob Whipple 6 Intellectual Properties in Multimodal 21st-Century Composition Classrooms ............................................ 107 Tharon W. Howard 7 Is Digital the New Digital?: Pedagogical Frames of Reference and Their Implications in Theory and Practice ......................... 131 Robert Dornsife vii Contents 8 Response to Part I—“An Act for the Encouragement of Learning” vs. Copyright 2.0 .......................................... 149 John Logie Part II: The Tools .......................................... 157 9 What We Talk About When We Talk About Fair Use: Conversations on Writing Pedagogy, New Media, and Copyright Law ............. 159 Steve Westbrook 10 Parody, Penalty, and Pedagogy .............................. 179 E. Ashley Hall, Kathie Gossett, and Elizabeth Vincelette 11 Copy-rights and Copy-wrong: Intellectual Property in the Classroom Revisited ..............................................205 Janice R. Walker 12 Rhetorical Velocity and Copyright: A Case Study on Strategies of Rhetorical Delivery ......................................223 Jim Ridolfo and Martine Courant Rife 13 Following the Framers: Choosing Pedagogy to Further Fair Use and Free Speech. 245 TyAnna Herrington 14 Response to Part II—Being Rhetorical When We Teach Intellectual Property and Fair Use ....................................263 James E. Porter Part III: The Pedagogy ..................................... 273 15 Toward a Pedagogy of Fair Use for Multimedia Composition ...... 275 Renee Hobbs and Katie Donnelly 16 Intellectual Property Teaching Practices in Introductory Writing Courses ..............................................295 Nicole Nguyen 17 Moving Beyond Plagiarized / Not Plagiarized in a Point, Click, and Copy World ................................................ 309 Leslie Johnson-Farris viii Contents 18 Couture et Écriture: What the Fashion Industry Can Teach the World of Writing ............................................... 327 Brian Ballentine 19 The Role of Authorship in the Practice and Teaching of Technical Communication ........................................347 Jessica Reyman 20 Response to Part III—Fair Use: Teaching Three Key IP Concepts .. 369 Rebecca Moore Howard 21 Afterword ............................................. 375 Clancy Ratliff Biographical Notes ..........................................381 Index ....................................................387 ix PREFACE Martine Courant Rife, Shaun Slattery, and Dànielle Nicole DeVoss You have been invited to participate on a college-wide committee to examine work-for-hire policies at your institution. During your first meeting, a committee member boldly claims that all work faculty and students create during their tenure at the institution should rightly be the property of the institution—especially considering the economic hardship and budget cuts facing most institutions of higher education. What is your response to this claim? An undergraduate student has accepted work doing freelance web authoring and design. She comes to you to ask what materials produced in a freelance capacity can be included in her professional portfolio. As both professor and professional mentor to this student, how might you advise her? You serve on an advisory committee for your college’s library. A library representative and faculty member co-present their proposal to adopt a college-wide media use policy. The policy includes requirements such as “ faculty can use 30 seconds of a 5-minute song” in their teaching, or “ faculty can post 10 minutes of a 90-minute film on the college’s streaming server” for class use. How might you advise in this situation? While working with a departmental curriculum committee, a committee member claims that there is no need to revise a writing course to include copyright and fair use because “there’s not enough time to teach that, too.” What might your response be? DOI: https://doi.org/10.37514/PER-B.2011.2355.1.1 xi Martine Rife, Shaun Slattery, and Dànielle Nicole DeVoss Intellectual property, more and more, rubs up against the work we do in our classrooms, libraries, and offices and in our curricula, teaching, and policies. When we craft teaching materials that include visuals, audio, and video, we implicate ourselves in intellectual property issues. When we ask students to craft multimodal compositions, we implicate them in intellectual property issues. What intellectual property issues are involved depend on each composition, audience, context, purpose, and use. Intellectual property is an inher- ently rhetorical set of laws and practices, worthy of our attention as researchers, teachers, colleagues, and members

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