Tag Archives: copyright

Publishers, copyright and the prevention of research-led teaching: a thought experiment

Being a year behind with the blog means, naturally, that things linked to the academic year come round again as I get as far as blogging about them, and in this instance the spur is making reading digitally available for students, which has propelled me into ranting again about how daft the way we publish is. I have one particular point in mind, so I will try and keep the post on target, but I’m not promising that other things that make me cross won’t turn up in footnotes. So, this is a post about how we make our research available to students for teaching purposes.

When I started teaching in 2003 the digital thing was quite new. I was the first user in that department of some new software they had of the sort that would come to be called a Virtual Learning Environment, a clunky slow thing called Sentient Discover that still worked better than Blackboard five years later (though as I’m now working with it again, I have to admit that Blackboard has come a long way since I first met it). At that point, though, there was neither file-space nor hardware available within such an environment to digitise materials from hard copy; Oxford simply aimed to provide sufficient hard copies, and so digitising actual readings is something I only really started to do at Birmingham. This post started off as a thought when I came to be doing it again the next year, to supply students on a big survey course with access to materials that a hundred-plus people would need in the same week.1

Copyright symbol

Obviously there are copyright implications about scanning stuff and sticking it online, even behind a firewall. It struck me while thinking this post out that academics’ somewhat offhand relationship to copyright is in some ways only to be expected; we almost never get paid from sales of what we write, we usually don’t in fact own copyright in it, that being either granted to a publisher and, if we’re lucky, licensed back to us, or else held by our employers.2 Consequently copyright, intended to protect the livelihood of authors, is actually of no direct monetary benefit to us, whereas it is very often in the way of our reading or accessing other information which we need to work. This is of course why there is an Open Access movement and Creative Commons licensing and various other alternatives set up by those who believe information should be free, but the fact of the matter is that lots of it ain’t. And so copyright applies to these materials, and the law in the UK is pretty clear: assuming that it’s not an exception (published outside the EU or out of copyright) you can photocopy up to five per cent of a volume or one single article or chapter, whichever is the larger, once only, for your own use (and you may not circulate that or pass it on to someone else), and you can scan the same amount of something and place it in a private digital repository as long as the managers of that repository are tallying it and making appropriate royalty payments to the Copyright Licensing Agency. I believe the rules in the USA are similar, but I’m not a lawyer and even this much may be wrong. Anyway, we now reach the thought experiment.

Often, in interviews, I have been asked how my research enhances my teaching, how I incorporate my research into my teaching, and so on, and research-led teaching is a phrase that has become almost hackneyed in the UK in the last decade or so. I have got a lot better at answering this kind of question over the years but it was always a problem for me, because I work on Spain, which is not very interesting to the average UK student, and most of my source materials are in non-Classical Latin and not available in translation. So it struck me early on that one excellent answer to that question would be, “I use this volume of translated documents that I myself have published for exactly this purpose!” And suddenly last year I realised that because of the way we publish, that is in fact not an excellent answer at all.

Consider. Let’s say that I convince some press that charters are, in fact, where medieval studies is at, and that if they publish a volume of charters translated by me it will be hoovered up by university teachers everywhere who want to use something that isn’t chronicles or literature and therefore by default the readings of the élite. So I translate the documents, they are published, my university duly buys a copy or few, and I want to set it for a course. Let us say that that course recruits fifteen students, and that I am not either willing or allowed to require that the students buy a copy each, no matter how much good it would do my royalties money (if we assume that the press I managed to persuade was such a one as pays them). I still have to make required readings available digitally, however. How much of this, my own work, can I therefore set to my students? Why, no more than five per cent, of course!

So, by publishing that material, I actually lock most of it away from the use for which I intended it. There are only two ways round this that I can see. One is to publish with a press that will publish it as an e-book and license that in terms that allow lots of people to access it at once. These are not in fact common license terms, precisely because they are constructed so as to minimise the number of books you need to buy; it shouldn’t surprise us when companies like Routledge sell e-books with licenses that mean that only one person in a university can use them at once, they are in the business of selling books!3 The other, of course, and by far the simplest and the most use to the world at large, is just to put the stuff on the open web, but this is a path with no reward in terms of professional recognition, for reasons both sound and stupid; it wouldn’t have to pass peer review, on the one hand, so is hard to rate, and on the other some people still don’t think databases count as real publication. Such a volume is something I actually want to publish, but it absolutely does my head in that somehow things have got to the point where if I picked the wrong press, actually publishing it is about the worst thing I could do in terms of making that material accessible to students…


1. FIRST RANT. Last year I was, of course, curating coins, so this teaching I did as contract staff for the Department of History. I don’t want to single Birmingham out here, because as far as I know their system for paying temporary teaching staff, often postgraduates, is usual, which is to say that it’s the system I’ve been paid with everywhere else I’ve done it or, in fact, better. The pay is by the hour, paid for contact time and an additional hour of preparation time for every classroom hour. That prep time, of course, is meant also to cover all the other work of teaching, which is to say marking, delivering feedback, answering e-mails and attending meetings with other staff, so in effect it all disappears. There is also a structural assumption that you know enough to teach a subject which is often explicitly not enacted. By this I mean that if you are new to a topic and have also got to do the reading, or even just refresh yourself about something you last read ten years ago, that hour is very quickly gone, with no other class prep done at all, but obviously it is expected that you will in fact learn enough to teach that hour anyway. So, maybe you’re more efficient than me, but I find that even now a classroom hour on a course that’s new to me takes me between two and three hours to prepare, and then there’s all the admin., so really one is getting paid at something like a third or a quarter of the rate per hours worked that one is in fact offered, all of which brings it very close to and even below minimum wage. Of course, universities largely couldn’t afford to deliver seminar teaching any other way, which is a system problem for which I don’t blame their staff, though I do blame staff who don’t recognise these economics. But therefore, when you are course leader for such a course, with five or six people being paid like that teaching for you, don’t expect them to do your photocopying or digitisation for you as well. You’re the one being paid a full-time wage: do what you’re paid for. I intend to stand by these words now that I am in fact the one being paid, of course, but it really does annoy me when people leading such courses don’t consider what their TAs actually get paid for.

2. The second rant would be about people who don’t realise they’ve signed away these rights and then protest about how unfair it is when the people to whom they’ve signed them stop them making free with what are no longer their own writings. Read your contracts.

3. I instance Routledge because these were indeed the terms under which they had licensed Dorothy Whitelock (ed./transl.), English Historical Documents volume I: c. 500-1042, 2nd edn. (London 1979), to Oxford when I taught there.

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My writing in other places (or not)

I have some hopes of resuming reasonably regular posting some day soon, but that day is not today, sorry; there are two papers needing rewriting, one requiring no little reading, two reviews to write neither of whose books I’ve yet read, and a multitude of other things almost all of which are late, and although this term’s crop of students is not, proportionally, as disaster-struck as last term’s, their misfortunes are still taking a bit of managing. But, I have been doing the odd little bit of blogging elsewhere, and I also wanted to mention a couple of other things connected with my text appearing on the Internet, since some of you have been kind enough to mention them to me.

My writing where I wanted it

In the first place, over the course of February I have put two posts up on Cliopatria. I’ve been having some misgivings over my place there, as I am an extremely occasional and fairly irrelevant presence by some measures, but it does avail me a place to get political, and thus, if you be interested in that, you can find it in two posts, entitled respectively, “‘They Are Trying To Rob Us of Our Right To Communicate’” (which was not about the SOPA Bill in the USA, though perhaps it should have been, but the motivations behind UK Higher Education policy such as it has been manifest here), and “A historian’s place in (current) politics”, which is more or less as it says. The latter has an egregious malapropism in it that Judith Weingarten quickly spotted, but the site appears to have lost my login details so I can’t currently fix it.1 Find it while you can!

My writing where I didn’t want it

[Update: the threats and exposure now seem to have paid off and as far as I can see the author mentioned below has taken my stuff down. However, I leave the paragraph here for continuity.]

In less cheerful news, I discovered very rapidly on February 12th that someone had grabbed about thirty posts from this blog and put them up on one of their own, to which I shall not link. I discovered this because they didn’t remove any of my numerous pingbacks to this site, and thus I could find out that they have not used my name, and so as well as stupid things like adverts for my books he has got my musings about being unhappy in church services etc. (or just unhappy) up under no name but `admin’, which is extremely odd to see and makes me quite angry. I am, of course, nothing to do with this site and I gave no permission for anything of the kind. I have been in touch with the author (who wrote to me about one of their other blogs, advertising the one where they’d loaded up my content! Perhaps not the brightest thief in the class, this person) and demanded they take the stuff down, I have been in touch with the abuse address at their web-host, but since none of this has as yet resulted in any action by anyone else, I am now also in touch with the University of Oxford’s lawyers and we’ll see what they advise. But since people had mentioned it to me in private, I wanted to say that I knew, and furthermore, firstly that if you’re linking to anything being run by someone calling themselves Djalma Bright, I’d appreciate it if you unlinked them, and secondly that if you work on Arthuriana your stuff may also have been raided there and you should probably Google some of your work’s key phrases up to make sure. I presume that the idea is that they get some of my search traffic for their own material, but perhaps they haven’t yet started writing any of that…

It’s all complications I don’t want, anyway, but it has made me rethink my copyright policy and decide that while I may guard my text fiercely, I don’t really see any point in not releasing my images, as in, ones I took, into the public domain. Does anyone else have any views on that they’d like to share?

My writing not being where I want it

Lastly, as I return to reading other people’s blogs again periodically, I discover that Blogger has had another reinvention of its spam protection Captcha gear. Either I’m a far worse palæographer than I thought, or just as with the previous version, their OpenID support is crooked again. Either way, if you’re on Blogger and running either of the two latest Captcha set-ups, I can’t comment on your blog except as name/URL and you will understand how just now I am concerned about authentication! So it’s not that I don’t love your various writings, I just can’t say so, and you might want to see if anyone who’s not on Blogger actually can…


1. And since the site’s various technical issues (such as the visible spell-check that only shows up in live posts) were another reason why I was considering quitting, it’s quite fitting that, having decided to carry on, I now can’t because of them…

Loads of medieval Latin online

Did any of you happen to follow that link that I FWSE‘d up back there to the Latin text of Isidore’s Etymologiae? It goes to the Latin Library at an organisation called the Ad Fontes Academy, which appears to be a Christian school in North Virginia, not even higher education. But this site is huge. It’s not terribly well organised, but the alphabetical drop-down, as well as a raft of Classical authors and an entry for Medieval Latin, includes Alcuin, Ammianus, Aquinas, Augustine, Cassiodorus, Einhard and the Theodosian Code, and that Medieval Latin entry leads to a page whch names many more. And for each author it’s only the obvious big works but that gives you the whole of Augustine’s Confessions and the De Civitate Dei, it gives you (for example) what is I guess the RHC text of Albert of Aachen’s history of the First Crusade (among several other Crusades texts), Einhard’s Vita Karoli, Thegan’s Gesta Hludowici Imperatoris, Nithard, Richer, Magna Carta, the Origo Gentis Langobardorum, Dante’s Monarchy… and more I don’t even recognise. It’s a treasury, and it’s searchable and copiable e-text, whereas the Digital MGH for example is image files precisely so that you can’t just copy and paste chunks out of their copyright publications.

Of course, you have to ask where these texts are coming from, because no copyright is given, and neither is the source edition indicated anywhere. A brief page-by-page of the text here of Einhard’s Vita Karoli and the dMGH version leads me to believe that they are in fact the same, so I guess this voluminous resource has been assembled by OCR’ing venerable copies of the Monumenta, the Recueil des Historiens des Croisades and the like and carefully removing all apparatus, editing marks, signes de renvoi and indeed anything that might let it be traceable. I have to wonder exactly how hard permission for this was sought, and ask if this is really a very moral way to assemble a Christian study library. Nonetheless, is that going to stop me using it? Well, when it’s something I can read through the dMGH, yes. When it’s one of the few volumes of RHC that Gallica have left online at the Bibliothèque Nationale, then again, yes, although if I just want to copy and paste a quote this version may well still be tempting. But there’s loads of stuff here I would not easily find elsewhere, so it’s moral quandary for me when those texts beckon. For those without such qualms, meanwhile, there it is… (Also added to the increasingly confusing list of Resources in my sidebar there.)