#27095
A Brief History of US Fair Use
In our role as writing teachers, we’ve been asked to adopt 'post-modern practice' by releasing old-fashioned notions of single authorship and obsolete pedagogy that forbids plagiarism under a 'detect-and-punish' regime. Instead, we are to teach 'digital ethics' and Fair Use. But what exactly is 'Fair Use'? This is a doctrine we as writing teachers need to understand because while public figures such as Lawrence Lessig, Jessica Litman, and Siva Vaidhyanathan argue that the law needs to be changed, in the meantime we have classes to teach. Writing teachers increasingly teach writing on networked computers, and therefore our need to understand the basic doctrine of Fair Use is as great as our need to understand the rules of anti-plagiarism. This paper first reviews current US Copyright Law, and then briefly traces the concept of 'Fair Use' from its inception as 'fair abridgment' in 1700’s England to its current interpretation in US case law. US Copyright policy, the regime legally defining invention, imitation, compilation, and appropriation, is set through complex interactions between a variety of players. These influential interactions include the habits of writers. The tension between stakeholders who wish to share, and stakeholders who wish to contain and control information is viewed as a 'battle,' 'war,' and 'fight'. In this fight, the writing student and teacher thus become actors, willingly or not, determining how copyright operates. Because we as teachers are key players in the continual remediation of copyright policy, we should have a basic critical understanding of US Copyright Law and how Fair Use is situated within our copyright regime.
Rife, Martine Courant. Social Science Research Network (2006). Articles>Intellectual Property>Copyright>History
#28827
Review: Law and Internet Cultures
Kathy Bowrey's Law and Internet Cultures critically deconstructs the law in the context of legal culture, and especially looks at how U.S. law, practice, and culture has influenced technology law. Bowrey, a lecturer in the Faculty of Law at the University of New South Wales, writes as an "Australian author" but her analysis clearly contains a global perspective as she looks to global structures and laws in other countries such as the United States. The book's analysis draws upon an incredibly broad range of literature including but not limited to traditional "literature" (e.g., Orwell's 1984), economic analysis, communications theory, and cultural studies. She stretches her analysis, connecting the heretofore disconnected (like Foucault, Coombe, Mandeville's travels, Napster, Grokster, etc.) and makes these horizontal connections in the context of discussions of verticality--like globalization, international standards, international patent norms, and global governance. The reading will be difficult for folks without a solid background in information technologies and law (and is just plain difficult for reasons mentioned below), but Bowrey does provide at least brief definitions and description of acronyms where need be. She tends to begin chapters with details and then brings things together at chapter's end--but this strategy seems to work for the complex subject matter. This is a great book for reading out of order or skipping to particularly relevant sections. Each section of each chapter can hold together on its own. Numerous diagrams and illustrations add to the flavor of this unique and much-needed book.
Rife, Martine Courant. H-Net (2006). Articles>Reviews>Legal>Technical Writing
#28831
Remix as "Fair Use": Grateful Dead Posters' Re-Publication Held to Be a Transformative, Fair Use
On May 9, 2006, in Bill Graham Archives v. Dorling Kindersley, the US Court of Appeals for the Second Circuit upheld the lower court, finding the use of several Grateful Dead Poster images appearing in a band biography was a 'fair use' under section 107 of the US copyright statute. In the case, the publisher Dorling Kindersley used without permission seven images of Grateful Dead concert posters or tickets in the book Grateful Dead: The Illustrated Trip (2003). Prior to the book's publication, the publisher had unsuccessfully attempted to negotiate permissions with the copyright holder, Bill Graham Archives. Due to what the publisher perceived as an unreasonable licensing fee, permission agreements were never reached. Nonetheless, the publisher used the seven images in the book, incorporating them into remixed compositions, consisting of collages mixed with graphic art and textual explanations and commentary. Over 2000 images were used in the book. After the book's publication, Bill Graham Archives brought suit for copyright infringement, and requested an injunction blocking further publication.
Rife, Martine Courant. NCTE (2007). Articles>Intellectual Property>Copyright>Case Studies
#27094
What kind of textual evidence do courts now look at in light of the recent Grokster decision? What place does technical communication have in recent P2P court decisions? After examining the evidence courts have used from the Sony case to the Grokster case, the author argues that since texts generated and researched by technical communication have surfaced in P2P contexts as important evidentiary objects in court rulings (Napster, Aimster, Grokster), the field and its allies would do well to take notice. Using a lens of activity theory, the author argues that technical communication as a field can control its own future and ability to innovate by reseeing the texts that it creates, texts that are collected by courts as objects influencing determinations of the presence of intent to infringe (the current standard of liability in P2P contexts). With respect to legal liability, the best technical writing might be writing that stays invisible.
Rife, Martine Courant. Social Science Research Network (2006). Articles>Intellectual Property>Copyright>Technical Writing
#28829
The Professional Email Assignment 
As the semester's first assignment in a first-year writing course, I have used the professional e-mail assignment for several years in both face-to-face (f2f) and virtual classes, and have experienced great success as well as positive feedback from students. I have also shared this assignment with colleagues who have remarked on the value of critically thinking about e-mail since the genre cuts across every class, every discipline, and almost all employment and home situations. The assignment also sets the tone for all of my assignments because it fits within my pedagogical/theoretical framework, incorporating three important principles: community, critical engagement, and application (Digital 231). As with all of my assignments, this one has a theoretical underpinning, is framed by readings, is distributed to students via a written document that itself serves as 'good writing,' provides scaffolding for later assignments, and emphasizes digital literacies that are crucial if students are to be engaged and empowered citizens.
Rife, Martine Courant. NCTE TETYC (2007). Articles>Education>Writing
#31025
Highlights the major legal cases and illustrates how each case set up a rhetorical construct that allowed the next case to happen, leaving us where we are now. Highlights the provisions of the DMCA and how that law might impact our composing and publication practices.
Rife, Martine Courant. Kairos (2006). Articles>Intellectual Property>Legal>Writing
#34394
Does law, or even the presence of the law, shape composing practices? Do fair use/copyright play a part in the web composing practices/pedagogy of students and teachers in technical communication programs as they construct web sites and design curriculum? The pilot study was intended to test the design for a larger study. The study aims to fill in gaps and resolve confusion about how fair use/copyright shapes digital writing.
Rife, Martine Courant and William Hart-Davidson. Social Science Research Network (2006). Articles>Intellectual Property>Copyright>Web Design
