Understanding Your Value from Another’s Perspective

It’s silly to complain when others find value in your work, isn’t it? After all, isn’t that what we’re all about? I always enjoy learning how others have taken something I’ve written or created, shared online via Creative Commons NonCommercial-Sharealike-Attribution and then sold access to the content. It tells me they knew how to extract financial value out of something I made for fun. Ok, maybe that’s a little sarcastic…and no one is perfect, as I reveal in this blog entry.

Image Source: http://goo.gl/WLlCpS

Still, when other educators take work I’ve done, remix or share it with others, that clues me into the value. Unfortunately, I almost have to “snoop” incoming links to find out if other people see something I’ve done as valuable–I usually do it when I’m procrastinating about something. One of the troubles I’ve had recently (last few years actually) is figuring out what’s valuable work and what isn’t. I’m not sure how I lost my perspective on this. That’s why incoming links provide some insights into what others see as valuable.

There is so much rich, valuable content available online, the main differentiator (sp?) isn’t content but style and the angle with which you approach a topic. We’re all at the nexus of a variety of fantastic stuff–which as Vicki “CoolCat Teacher” Davis found out recently–puts each of us at risk for using, or “stealing” the same stuff, even unintentionally. It’s all a big remix playground. The value is in how you package it, and remix it to be useful for those you serve.

For example, one of the incoming links to my blog includes one from this organization:

EdTech Leaders Online has taken one of my links–BYOD Criteria for Implementation–and is using it as part of their BYOT module:

It’s so nice to see how others are taking advantage of resources available. They are even charging money for that:

Hmm…

Under the following terms:

• Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
• NonCommercial — You may not use the material for commercial purposes.
• ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

So, while I do welcome others using materials, I wish they would share them the way I shared them originally or as close to that as possible.

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Creativity – Jars of Clay

Image Source: http://goo.gl/wKlh9 – Jars of Clay

 How often do you, your staff, and/or your students contribute something online (with a Creative Commons license) to benefit others? What can you do as a leader to foster an environment of sharing and giving back, not just taking and using? (Source)

“Our assistant superintendent,” shared a job-hunting colleague with me during a Winter Break vacation, “told us that we couldn’t share what we’re doing with other districts because of copyright.” I clarified the statement, “You mean, an assistant superintendent limits sharing of the great things happening in your District because s/he is afraid of copyright issues?” What a bunch of baloney, right?

At Dangerously Irrelevant, we see a great set of questions like those in bold/italic at the top of this post. They remind me of why people DO NOT blog or contribute. Often, the work they do isn’t considered being “good enough” to be shared. They look at their work and they say to themselves, “I’m inadequate to the task of sharing content with others, my work belongs to my employer and I don’t feel all that comfortable sharing it.” Yes, I’ve heard that.

The first time I encountered that story was when I visited New Zealand and listened to a teacher explain why s/he hadn’t created a blog. But when she did, the response overwhelmed her, restored her faith in what she was learning and could contribute to the world. Actually, the first time I heard it is when I told myself in college, What can I write that hasn’t been written before even better? For me, it was an act of defiance to write, to thumb my nose at Alexander Pope who never wrote a couplet I didn’t love, and say to him, along with Shakespeare, Joyce, Darn-it, I will write, not because I will be better than you but because I’m alive and you’re dead!

It worked. At least for articles and blogs. I don’t know if I will ever build up the enthusiasm for a book. Does my creativity jar have a crack in it? Is it leaking valuable fluid? Absolutely. Maybe, I should just shut up because there are people smarter than me posting blogs, doing podcasts, etc.

A short time ago, but an eon in blog years, one person wrote the following comment to a blog post I’d written:

Great teachers don’t teacher you to be creative because no one is creative standing alone. All build on the shoulders of giants. It’s getting harder to learn everything the giants have given us. Things all learned over time, while being productive and dependable.

The idea that it’s getting harder to learn everything the giants have given us…that concept means that the rest of us, maybe, should just shut up and learn what’s been given, created in the past, and pass that on to our children. But the truth is, as human beings, we ooze creativity, wallow in it like pigs in the muck because creativity empowers our every act, even when it leads us down the path to destruction. Ask yourself, can we stop the geneticists who are engaging in god-like engineering? Can we stop those creating more efficient ways to kill others? Can we stop a writer from authoring, an artist from sketching, a singer from allowing the wind to raise her voice?

The power of the Read/Write Web facilitates human beings doing what is essentially who we are–creating, connecting, collaborating, not in that order. Those triggers to creativity reside in the power of the connections made.

As a leader, there has to be an expectation of creation from the people whom you work with. What’s more, you have to defy (if necessary) the culture of control that people perceive is holding them back, that restrains their curiosity, mangles their motivation. Whether that culture exists or not, the perception is what damages. Are you giving or just taking? I suppose most of us take what others give, curate it, share it, push it around on the plate but seldom add anything to it. 

Bolman and Deal (Reframing Organizations) write:

A leader’s job is to create conditions that promote authorship.

As a writer, being an author empowers me to create and share with others. If you feel safe, supported enough to be create, innovative as a team member, then I would consider this a success. With such a team of empowered creators, acts of collaborative authorship can transcend and transform organizations.

Do we create the conditions that promote authorship and then make that available for others?

As for me and my creative children (these blog entries), we share it all under creative commons copyright (sharealike-noncommercial-attribution).


Click to view full Infographic via TELB

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The Copyright WebQuest

http://www.edsupport.cc/mguhlin/artifacts/consulting/copyright/

Back in 2005, I had the opportunity to develop The Copyright WebQuest. It was a consulting project that earned me significant amount of money at the time and came at the time I was saving funds to buy a house. It also caught me as I was transitioning from one position to another, so I am VERY grateful to the Education Service Center who aimed me in the direction of that consulting project.

Admittedly, The Copyright WebQuest quickly became one of the most popular web sites on copyright back in pre-Web 2.0 days and you can still find descendants (a.k.a. derivative works) online. Eventually though, due to space issues at my hosting provider, I had to take the Copyright WebQuest down. Although I had a backup somewhere, I lost track of the original files and thought they had been lost forever.

Cleaning out old CDs, I was surprised to stumble upon The Copyright WebQuest and have reposted it. Yes, please do feel free to modify it as you see fit and use it (Creative Commons Copyright ShareAlike-NonCommercial-Attribution). If time allows, I will probably go back and modify it to reflect much of the exciting new ideas that popped up since I first created it in 2005.

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Everything posted on Miguel Guhlin’s blogs/wikis are his personal opinion and do not necessarily represent the views of his employer(s) or its clients. Read Full Disclosure

Who Owns the Data in GoogleApps for Education?

The following question arose in a discussion:

Hi everyone. I’m helping a couple of local schools to set up apps for education accounts. I’ve been asked by one of my bosses to find out who owns the data that we write in google docs, emails etc. Is it Google or is the owner of the account?

Here’s my response, perhaps incorrect, to the question:

Two possible ways to interpret your question. Allow me–not a lawyer–to attempt a response at both.

Approach #1 – Work for Hire
Anything produced during district time, even after-hours for district purposes, falls under work-for-hire copyright. However, I’ve never heard of a case brought against a teacher. it’s explored in more detail here:
http://www.mguhlin.org/2009/08/work-for-hire.html

In regards to student data, student’s retain copyright for any work they produce. If you plan on holding onto student work for demonstration purposes beyond the purposes of an assessment period, then you should obtain permission from the student and/or parent if appropriate. Discussion of Creative Commons Copyright Attribution-ShareAlike-

Noncommercial should also be entertained.

Approach #2 – Google as Repository rather than Owner
My understanding is that Google houses the data for you but you still are responsible for it. Here’s what I’m basing that assertion on:
http://www.google.com/support/a/bin/answer.py?hl=en&answer=106876

If my responses are inaccurate, please feel free to correct me!

Update 09/22/2010:

• Be sure to visit the GoogleApps for Education Privacy page
• Also, check out Matt Montagne’s links at Castilleja Schools

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Ahoy, eBook Readers! #nook #kindle #ipad

Note: The info here is relevant to Kindle and iPad owners as well as Nook users.

Updated: 08/28/2010 – Included ebook definition and link to MakeUseOf.com and Shambles.net

Source: http://spanishshilling.blogspot.com/2010/08/barbary-pirates.html

My ereader–a Barnes and Noble Nook–arrived today! What a thrill! On my way to a meeting, the person who received the mail brought the box straight to me in the hallway. I took it along to the office where we were gathering. When I arrived at the meeting, the question preceeded the business, “I’ve never seen one. May I?” So I opened the box, pulled it out and the first words out the other person’s mouth was something like, “Is it like an iPad?”

“No,” I replied with a smile. “It’s less expensive…and I have access to other technology for that. This is for pleasure reading.” My smile grew as I remembered the 100+ books I’d downloaded in ePub format last night.

Sigh. In my office–full of technology folks–the Nook also got a lukewarm reaction. “Can I swish the pages by moving my finger across the screen, like on my iPhone?”
“No,” I replied, “you have to push this button to advance the pages.”
“Oh, I couldn’t do that,” came the reply. “I’ve gotten accustomed to moving my finger across the screen.”
(of course, you can swish your finger across the touch screen on a Nook to get to the previous or next page but I forgot that in the discussion).

When I got home with my new Nook, my wife questioned my sanity…an “inexpensive” book reader you can’t even surf the web with? Hmm…I tried to minimize her concerns, pointing out that I’d already downloaded enough ePub books from Baen to not buy any new print books for quite awhile! Surprisingly, I hadn’t ever read any of the books available from Baen’s Free Library, not to mention the rich variety of free sci-fi ebooks  available on other sites.

My daughter greeted the addition of the Nook as an enemy of print books, signaling the demise of beloved friends, betrayed by her own father. She refused to look at it.

Just to clarify, ebooks, for the sake of this discussion, are books which are available electronically, rather than printed on dead trees, and which can be read on an electronic device of some sort. And completely free ebooks, just now, are those which are legitimately available for free. Other options exist. We all know that. (Source: MakeUseOf.com via Shambles.net (great list of ebook sources)

Those expressions of dismay and disappointment aside, I found myself looking at the Nook and wondering, maybe I made the wrong choice. But then, I turned it on, registered it with my account info, and the two books I’d purchased appeared. I connected to the WiFi connection. So far, so good. But then, what really knocked my socks off was Calibre.

calibre is a free and open source e-book library management application developed by users of e-books for users of e-books. It has a cornucopia of features.

Again, I’m amazed at the power of Calibre, a free open source ebook converter and manager, that converts to a variety of formats, including support for a variety of eReaders:

It’s pretty amazing in that you get a preview of the cover of the book…I was thrilled to find Andre Norton’s books available for free, finding the entire collection of stories (Time Traders, Defiant Agents) that I’d read long ago and were now out of print.

Aside from free ePubs available, I have to confess my profound appreciation for the Baen authors and publisher, who share their books in a variety of formats.

Here’s one title from their entirely free collection of Baen books:

Source: http://www.baen.com/library/

You have to admire the Baen Free Library of Books. Note that they offer books in a variety of formats, including Mobi (which is Kindle friendly) and ePub (which is Nook and iPad friendly).

Read a bit about how they got started from Eric Flint below:

Baen Books is now making available — for free — a number of its titles in electronic format. We’re calling it the Baen Free Library. Anyone who wishes can read these titles online — no conditions, no strings attached. (Later we may ask for  an extremely simple, name & email only, registration. ) Or, if you prefer, you can download the books in one of several formats. Again, with no conditions or strings attached….

There was a school of thought, which seemed to be picking up steam, that the way to handle the problem was with handcuffs and brass knucks. Enforcement! Regulation! New regulations! Tighter regulations! All out for the campaign against piracy! No quarter! Build more prisons! Harsher sentences!

I, ah, disagreed. Rather vociferously and belligerently, in fact. And I can be a vociferous and belligerent fellow. My own opinion, summarized briefly, is as follows….

It’s definitely worth reading Eric Flint’s opinion. It’s an important one to consider, but I may have to disagree with his opinion in this way. He points out the following:

Online piracy — while it is definitely illegal and immoral — is, as a practical problem, nothing more than (at most) a nuisance. We’re talking brats stealing chewing gum, here, not the Barbary Pirates.

I disagree…consider these links below with the amount of books available for “free” from pirates…I do not consider this that simple. Entire collections of books are available online for download via torrent…if I were a book publisher, I’d be worried! Yet, one seldom hears of this…in fact, the knowledge of these is kept secret. 

Terry Brooks’ Site

These links below to torrent files represent a fortune in books…does their availability signal the dawn of a new age of writing? Authors write for fame, not fortune?

• 2009 Star Trek Books – Over 20 book titles
• Stephen King books – everything he has ever written. How does King feel about all his work just being out there for free download?
• The Economist
• James Patterson – 31 books
• Cambridge History of the Byzantine Empire worth $195 on Amazon
• Dean Koontz – 36 books

This is just a sample of the over 20 pages of “torrents” available with ebooks that are copyrighted…even the King James Bible appears. The search took all of 10 minutes, if that, using Google Search Engine.


Consider the front page of Amazon.com‘s line up for Fall reading:

Or, Barnes and Noble (I actually bought the Legends of Shannara book…Terry Brooks is great!):

The question is, how long would it take to find a random selection of these books online using a Google Search for a torrent file? Let me pick one title from each vendor above and see if I can link to a torrent online:

1. Amazon – Don’t Blink by James Patterson
2. Barnes and Noble – The Black Prism by Brent Weeks

This activity took less than 2 minutes. I’m starting to wonder if Flint knows what he’s talking about (I’m still grateful for the Baen Free Library!!!)…this can’t be a mosquito bite, unless you count getting eaten by mosquitoes no big deal (watch this video of a man in Panama, my country of origin, suffer being eaten alive—might shock you).


While torrents are often used for legitimate purposes–imagine downloading a DVD ISO of a GNU/Linux distribution–they are also being used for piracy. A short definition of what “Torrent” means:

Torrent is a small file (around few kilobytes) with the suffix .torrent, which contains all the information needed to download a file the torrent was made for. That means it contains file names, their sizes, where to download from and so on. You can get torrents for almost anything on lots of web sites and torrent search engines. (Source)

Of course, I am sympathetic to this other point that Flint makes…it pretty much sums up part of the satisfaction I derive from blogging and sharing my work online:

I don’t know any author, other than a few who are — to speak bluntly — cretins, who hears about people lending his or her books to their friends, or checking them out of a library, with anything other than pleasure. Because they understand full well that, in the long run, what maintains and (especially) expands a writer’s audience base is that mysterious magic we call: word of mouth.

Word of mouth, unlike paid advertising, comes free to the author — and it’s ten times more effective than any kind of paid advertising, because it’s the one form of promotion which people usually trust.

As I look at my new Nook, bursting with more Baen books I couldn’t hope to read in a year (I have all this other “academic” reading to do), I realize I probably am not the run of the mill ebook reader. I’m not one of those folks that runs out and buys the latest book and reads it because I want to talk about it around the water cooler.

Source

I read for pleasure and that’s what my Nook is for. I’ll worry about what happens when I run out of Baen free books when the time comes. For now, off to read!

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Change in Copyright Law – DMCA

Wow, what a stunner of a change! From CrunchGear with profound implications for educators:

The six “classes” now exempt from prosecution under the DMCA are:

1. Defeating a lawfully obtained DVD’s encryption for the sole purpose of short, fair use in an educational setting or for criticism

2. Computer programs that allow you to run lawfully obtained software on your phone that you otherwise would not be able to run aka Jailbreaking to use Google Voice on your iPhone

3. Computer programs that allow you to use your phone on a different network aka Jailbreaking to use your iPhone on T-Mobile

4. Circumventing video game encryption (DRM) for the purposes of legitimate security testing or investigation

5. Cracking computer programs protected by dongles when the dongles become obsolete or are no longer being manufactured

6. Having an ebook be read aloud (ie for the blind) even if that book has controls built into it to prevent that sort of thing.

Great changes. Source

via Plurker mweisburg

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Work for Hire

Adina Sullivan recently tweeted:

Remembering work I’m doing is “for school” but not paid, so doesn’t belong to school. Need to set up on personal page/site, not school.

To which I wrote back:

Work done FOR SCHOOL, even when done on own time, falls under work for hire. Check it!

So, I did…I remembered writing about this some time ago and looked up the “old” (June, 2006) blog entry:

Ken Task asked these questions recently…I thought I’d share them with you because they’re great questions. He was sharing this scenario, possibly in response to this article on TeachersPayTeachers, a site I briefly reviewed here and mentioned at the request of the author, Paul Edelman. As I said before, Locking things up isn’t the way to go…it’s an old model. I’m glad to see Dean Shareski has also noticed this, too.

Here are Ken’s questions:

Let’s say a teacher develops a GREAT lesson plan, activity, unit, etc.. at your ISD. Then decides to use the site that allows them to sell it via an EBay like system.

1. Did the teacher use any ISD resources while developing their product?
2. Are there any “legal claims” an ISD can make upon the items being sold by the individual teacher that would prevent a teacher from doing so?
3. Does your ISD already have a “policy” to cover this example?
4. Has that policy been “tested” in court?

What do you think the answers to these questions are?

Of course, consider that teachers employed by districts may face work for hire copyright infringement. According to Carol Mann Simpson, copyright guru….

Just about anything that a teacher does within the context of his or her job could be claimed as the intellectual property of the school. A common question is to inquire if doing the work at home or on weekends or vacation makes any difference in the work for hire rules. Actually, no, it makes no difference. If the work was done “within the scope of employment” it matters little where or when the work was done.
Source: Excerpt from page 23, Carol Mann Simpson’s book entitled ” Copyright for Schools“, ISBN#1-58683-192-5

So, the question is, what will districts choose to do, if they should find out? Will enterprising teachers be “outed” by their colleagues?

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Janice and the Giant Textbook Publisher

Will THIS tale end happily? Only you, fellow edubloggers, can decide that. Please post this on your blog.

This post originally posted at Tim Holt’s blog, Unintended Consequences. I steal it with impunity and his permission (grin). What a good sport he was when Janice Schlottmann and I appealed to his techie expertise as Tim waited for a Skype call from a Superintendent that never seemed to arrive.

The following is Tim Holt’s post….

What happens when a teacher comes up against a textbook company and it’s intellectual property protection clause? In this case, the teacher is left with little help from their education “partner” and is left to fend for herself. A three-way conversation between first grade teacher Janice Sloatman, Miguel Guhlin, and Tim Holt on an interesting dilemma.

Listen and think about what would you do?

Here is the Houghton Mifflin Education PLace Permissions address: Houghton Mifflin Company

ATTN: School Rights &

Permissions Department

222 Berkeley Street

Boston, MA 02116-3764

Email:

School_Permissions@hmco.com

Fax:

1. (617)351-3546
   

Permissions Website:

http://www.eduplace.com/contactus/permissions_form.jsp

Listen to Podcast

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Copyright Question and DMCA

The following copyright scenario was shared…

We have a faculty member that has several older VHS tapes of stuff she has bought in ht epast, not recorded off the TV etc. and want to put them on DVD. She clams that they are either no longer available or not available on DVD. What is the legality of doing such. Violate copyrights yes or no?

The person who asked the question, after receiving various responses, finally posted the following in response to his own question:

Well folks after lots of research, advice and expert opinions (including Dr. Carol Simpson) here is the answer, kind of.

If the VHS video is available on DVD then it is probably a violation, If the VHS video is NOT available on DVD AND the equipment is cannot be purchased on the commercial marketplace then under DMCA the transfer can be made to another format. VHS players are available at Walmart and other places and pretty cheap.

Below is an excerpt of Dr. Simpson’s reply concering other issues of the process:

“If the video is not available in the format you wish, and the copy you have is deteriorating, the library can make an archival backup in the format you wish, but the copy may not leave the library.

Just because something is out of print does not give automatic permission to copy. In fact, the purchase was probably under “life of tape” rights, which means you get that one shot at it. If it broke, too bad — buy another. If you take good care of it and it lasts 20 years, you can use it for 20 years as long as you have the technology to play it. But since video is usually very topical, a producer may not wish to have the program live beyond its usefulness and accuracy. It is the producer’s (or copyright owner’s) right to take the program off the market and let it die as the copies die.

And on another note, I’m currently updating my video rights page, and virtually every producer rejects transfer rights. They do not want to see their videos digitized, either to DVD or streaming server. They sell those rights and those copies, with the addition of digital rights management technology that helps to prevent additional duplication beyond the license with the program.”

Basically to copy the tape is a violation of the copyright. Libraries can make copies but they cannot leave the library. Archival copies might be able to be made. So in my opinion, for what it is worth, if you want to open the district and possibly yourself to civil liabilities good ahead make the copy. I have decided I will have no part of it.

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Redefining ShareAlike-NonCommercial-Attribution

Source: http://snipurl.com/7f4dd

A fellow instructional tech director wrote me and asked,

I was looking through your webpage and found your handout for podcasting. I’ve just ordered a slew of Olympus 210’s and will be teaching Audacity in January. Can I use your handouts? Please!

I wouldn’t say no since these are shared under Creative Commons-ShareAlike-NonCommercial-Attribution. When I pointed that out, he wrote back:

What the “bleep” is the ShareAlike-NonCommercial-Attribution license?

As I laughed, it hit me that, sheesh, how many more conversations like this will I need to have about CC with educators? The number I came up with was depressing but also fun–ignorance is opportunity.

My two-second, rough-hewn response (what would you have said?) was:

ShareAlike= You can share this under the same conditions I shared it
with you.
NonCommercial=You can share it for educational purposes but you can’t
make money off of it.
Attribution=You have to give me credit for the work.

To which he replied:

Don’t worry about ShareAlike – I’m too lazy to change anything.

Don’t worry about NonCommercial – Come on, Miguel, it ain’t THAT good!

Don’t worry about Attribution – If there are any mistakes in it, I want you taking the blame.

Laughing.

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Break the Law through Fair Use

Source: http://www.edwardsamuels.com/illustratedstory/chapter%208/fairuse.jpg

This situation came up…do you know the answer?

I am trying to burn a DVD short clip movie. How can you help me do it? I need this for a presentation.

Under the Fair use document I shared earlier (which Doug Johnson is sharing), I understood that…

…movie clips can be used for workshops/presentations described below.

Principle One states you can use a movie clip under fair use, however, is it against the law to circumvent copyright protections to get the clip? If I want a clip from a popular movie to use for a workshop, and I circumvent copyright to get it (maybe using Handbrake), have I broken the law as this comment below suggests?

The Digital Millennium Copyright Act of 1998 “makes it a crime to circumvent anti-piracy measures.” “The DMCA, passed in 1998, prohibits the circumvention of copy protection and the distribution of devices that can be used to bypass copyrights–even if people using the devices don’t do anything illegal once they’ve broken the security.”

So, of what value is Principle One so long as DMCA is in effect? Is the person with the DVD blocked from circumventing copy protection to make a clip? What about a clip that is on YouTube?

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Fair Use Video and Document

The Media Education Lab recently (11/11/2008) released the document, “Code of Best Practices in Fair Use for Media Education Literacy Education.”

This document is a code of best practices that helps educators using media literacy concepts and techniques to interpret the copyright doctrine of fair use. Fair use is the right to use copyrighted material without permission or payment under some circumstances—especially when the cultural or social benefits of the use are predominant. It is a general right that applies even in situations where the law provides no specific authorization for the use in question—as it does for certain narrowly defined classroom activities.

This guide identifies five principles that represent the media literacy education community’s current consensus about acceptable practices for the fair use of copyrighted materials, wherever and however it occurs: in K–12 education, in higher education, in nonprofit organizations that offer programs for children and youth, and in adult education.
Read More

With that document, they also released a video, shown below:

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