Applying Fair Use AND Honoring Copyright During A Crisis

Last week, I posted “Ethically Sharing Children’s and Young Adult Literature Online.” The point of my post was to make a case for why educators and librarians, in particular, should continue to model respect for the exclusive rights of the copyright holder… even during the current crisis. In this post, I am suggesting ways to do that.

Fair Use = A Librarian’s / Educator’s Perspective
I have heard from a number of School Librarian Leadership.com readers that they do not agree with my perspective and have already posted or have plans to post complete picture book readings or daily chapter book readings on the open Internet. I agree that authors and publishers will most likely not sue them for copyright violations, but for me, that is not the point.

There are a number of copyright experts who proclaim these recordings would fall under Fair Use Guidelines during the pandemic and advise educators to proceed with confidence. Some believe these freely distributed educational recordings should always be allowable under fair use. For two articles written from those perspectives, read:

Jacob, Meredith. (2020). “Reading Aloud: Fair Use Enables Translating Classroom Practice to Online.” (includes a link to register for a webinar Tuesday, March 31, 2020, 1:00 p.m. EDT).

Otsman, Sarah. (2020, March 24). “Online Story Time & Coronovirus: It’s Fair Use, Folks.” Programming Librarian.org.

Copyright Media Warning Exclamation Point ImageFrom a Copyright Holder’s Point of View
As a copyright holder myself, I take another view. I believe that creators, whether they are famous authors, little known authors, or student authors, should retain the rights that are given exclusively to copyright holders, even in this crisis.

“Copyright provides the owner of copyright with the exclusive right to

  • Reproduce the work in copies or phonorecords;
  • Prepare derivative works based upon the work;
  • Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending;
  • Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work;
  • Display the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a pictorial, graphic, or sculptural work. This right also applies to the individual images of a motion picture or other audiovisual work.
  • Perform the work publicly by means of a digital audio transmission if the work is a sound recording.

Copyright also provides the owner of copyright the right to authorize others to exercise these exclusive rights, subject to certain statutory limitations” (U.S. Copyright Office).

I am the author of four published picture books as well was professional books for educators and librarians. Two of my picture books are written in rhyme. I have heard adult readers butcher my work by reading it in a strict singsong cadence as one might recite “Twas the Night Before Christmas.” Listening to my work presented in this way is personally painful.

In 2011, I published a VoiceThread partial reading of Sing Down the Rain for a Book2Cloud Challenge offered by David Loertscher. The reading includes the book’s artwork created by Michael Chiago; I purchased Michael’s paintings as well as the copyright to those illustrations. I have not recorded a reading of the poem in my picture book for the families of young children. I do not own the copyright to the illustrations in Read to Me/Vamos a leer.

Ethical Ways to Connect to Our Students and Families
I realize that many educators and librarians want to make personal connections with their students and families during these uncertain times. An educator’s recording of a read-aloud published behind password protection or on a publicly accessible platform would not be interactive without youth present. I don’t see the advantage of educators recording themselves when so many authors, illustrators, and publishers are stepping up within their copyright holder rights “to authorize others to exercise these exclusive rights, subject to certain statutory limitations” (U.S. Copyright Office).

Using technology tools, especially those that can be easily accessed on smartphones for students and families who lack computers and tablets, is a laudable goal. I believe there are many ways to keep those connections going AND to honor the exclusive rights given to copyright holders. Here are a few ideas.

The read-aloud resources on last week’s blog post are ethically shared resources that could be used to substitute for the educator’s read-aloud. (Many others have been made available since that post.)

  1. Educators can create an introductory homemade video that welcomes viewers.
  2. In their introductory videos, educators can also share public domain songs, fingerplays, movement activities, or make other connections to the author’s video recording as they would in a face-to-face storytime.
  3. They can invite listeners to use comprehension strategies such as “before you watch this video or listen to this podcast, what do you already know about…” Or “after you watched this video, think about… Do you want to phone someone (maybe a friend or relative) or write a letter to someone to tell them about this story and what it made you think of?”
  4. Educators can offer a public space (a blog, wiki, social media platform) for listeners to share their responses to the reading.
  5. Educators can record booktalks and create book trailers (while observing copyright), or use trailers provided by publishers/authors. They can link talks and trailers to the ebooks to which students have access. Later, they can repurpose these talks and trailers as ethical examples for students to view when creating their own talks and trailers from home or when back at school in the physical space of the classroom or library.
  6. Your ideas? Please post in the comment section below.

Honoring the Rights of Our Heroes
We librarians are fans of authors/illustrators. We stand in long lines at conferences to get books signed for our students (and for ourselves). We follow children’s and young adult literature creators on social media. We hold author/illustrator events in our libraries and promote, promote, promote the work of our author-illustrator heroes.

As noted in the SLJ article “Publishers Adapt Policies to Help Educators,” most publishers are asking that our personally made and published recordings of their copyrighted material be available behind password protection. (This is always an application of Fair Use; the password protection is like closing the door to your classroom or library.) Publishers such as Scholastic have given specific instructions to inform them of the publicly published work and have given a sunset time when educator-made videos must come down.

Considering the current copyright provisions and fair use guidelines, I believe that we must consider both perspectives, those of the creators and our own educator perspective, as we negotiate this challenging time. As librarians, I believe we must hold ourselves to a higher standard. If you don’t agree with the exclusive rights of copyright holders, work to change them. If you apply the temporary exemptions offered by publishers, follow their guidelines and pull down your videos when requested to do so.

I hope we can work together to come up with long-term solutions that allow us to connect with our library stakeholders electronically, provide them with remote literature-centered literacy services, and still honor the intellectual property rights of creators.

And let’s make sure that those solutions address the technology gap as well as the needs of youth with disabilities.

Wishing you all the best as you stay safe and healthy,
Judi

Work Cited

“Copyright Basics.” Copyright.gov. https://www.copyright.gov/circs/circ01.pdf

Image Credit

Clkr-Free-Vector-Images. “Copyright Media Warning Exclamation Point.” Pixabay.com. https://pixabay.com/vectors/copyright-media-warning-exclamation-40846

Ethically Sharing Children’s and Young Adult Literature Online

The focus of this curated list of resources is to ethically share children’s and young adult literature online. I have been an online educator for twelve years. I am a staunch defender of creators’ rights to their work and hold the graduate students in the courses I teach to a high standard. It is a violation of copyright for individuals to record and distribute read-alouds of copyrighted works. As noted in last week’s post, librarians and educators will likely not be sued by the creator(s) or the publishers if they do so, but that’s not the point. The point is to model respect for the rights of the copyright holder.)Books Read Monitor Online ImageIn “normal” times, fair use does not cover public distribution on the open Internet. Fair use can only be applied when book reading recordings are available behind password protection. In that case, the password-protected space is considered a “classroom” or “library.” School Library Journal and Kate Messner recently posted various publishers’ guidelines applicable during the pandemic. (You will note that the majority stress password protection.)

Kate Messner posted “Publisher Guidelines for Fair Use for Online Read Alouds.”

School Library Journal posted “Publishers Adapt Policies to Help Educators.”

All of the links curated below provide ethical ways to share children’s and young adult literature online. Many of these resources were collected by Worlds of Words Board members who teach undergraduate-level and graduate-level children’s and young adult literature courses. (Thank you especially to Kathleen Crawford-McKinney for her annotated list.)

I have added some additional resources that have come across ,y screen in the past week. All of these resources are useful to students, classroom teachers, librarians, and families.

Paige Bentley-Flannery, Community Librarian, Deschutes Public Library, created a webpage “Children Authors Read Aloud and Other Facetime Events.”

Digital Children’s Book Festival: After the Tucson Festival of Books was cancelled, Ellen Oh and Christina Soontornvat organized a virtual festival, which will be held on May 1-2, 2020.

EPIC Reading offers educator registration with student sign-ups. You can find books that are read aloud, or the text that you turn the pages when ready. Educators can set up collections of books and assign them; this gives students free access to digital books, including novels.

The International Children’s Digital Library offers children’s literature from around the world written in multiple languages.

Kid Lit TV offers a read-aloud corner with authors reading their own books. They also have a section called “Storymakers” with author interviews. For Children’s Book Week, they published a section called Creator Corner, where they have authors explaining their creative process.

Lunch Doodles with Mo Willems: Mo is doing a “doodle” hour every day from 1:00 to 2:00 p.m. Eastern time weekdays. He will take questions on his work or look at your own doodle (available live for two more weeks). You can also access the archive of previously recorded shows. Great way to get to know this Author/Illustrator.

Make Way for Books offers an app with stories for preschool children in English and Spanish that adults or older children can read to younger ones.

Rex Ogle: Aiden Tyler, Quaran-teen – A Webcast “Serial” with Author Rex Ogle sponsored by Junior Library Guild begins tomorrow, March 24. You must register.

School Library Journal:Kid Lit Authors Step Up to Help Educators, Students, and Parents.”

Kwame Alexander is sharing on his website.

Laurie Halse Anderson has set up a Twitter hashtag #QuarantRead book club where readers can ask her questions.

Jarrett J. Krosoczka is sharing on YouTube every weekday at 2:00 p.m.

Grace Lin is sharing on her YouTube channel.

Simola Live
Beginning March 23, authors and illustrators are sharing their work online.

Society of Children’s Book Writers and Illustrators has published a page with links to authors reading their own work.  (SCBWI is offering other types of online resources as well.)

Storyline Online puublishes professionally produced children’s books read by actors.

While it is critical that school librarians provide children’s and young adult resources online for students, educator colleagues, and families, it is important we not lose sight of the ethical use of ideas and information. As noted in last week’s post, it is also critical that we keep our commitment to equitable access  foremost in our minds.

Image Credit

Geralt. “Books Read Monitor Online.” Pixabay.com. https://pixabay.com/photos/books-read-monitor-online-3659791/

Inequitable Access During School Closures

“The future is already here — it’s just not very evenly distributed.”

Credited to William Gibson (circa 1990-92).

When so many K-12 students and educators are not participating in face-to-face learning in schools due to the CDC’s social distancing recommendations, it seems like an opportune time to, once again, reflect and wrestle with equity… or rather with inequity of opportunity… The technology gap that has plagued schools since the 1990s is tragically still alive and well. School districts are scrambling at this time to provide remote learning opportunities; at the same time, educators know that access to online learning will be inequitable.

Charge to Provide Equitable Digital Access
Digital equity for school librarians means that all of the students. educators, and families we serve have free access to digital resources and technology devices. Access is necessary if they are to reach their capacity for learning. Digital equity is also necessary for civic and cultural participation, employment, lifelong learning, and access to essential services.

One of the American Association of School Librarians’ common beliefs is “information technologies must be appropriately integrated and equitably available” (AASL 2018, 11.) Similarly, Future Ready Librarians® are building-level innovators who believe in “equitable learning opportunities for all students” (Future Ready Schools). And yet…

There are students who do not have access to computers or tablets in their homes. While cell phones may be adequate for consuming information or posting to social media, they are inadequate tools for writing and producing new knowledge. There are schools that lack enough devices to loan them out in order to ensure that every student has one to use. When public libraries are closed or overcrowded, students who use them will not have access.

Online Resources
School and public librarians, state libraries and advocacy groups have been using distribution lists and social media to share online resources that may be helpful to some students, families, and educators during closures. Here is a brief list of some of the ones I’ve seen (with a national rather than state-level focus).

Amazing Educational Resources, a crowd-sourced list created by people who’ve responded using a Google form.

Paige Bentley-Flannery, Community Librarian, Deschutes Public Library, created a webpage “Children Authors Read Aloud and Other Facetime Events.”

(As a side note, it is a violation of copyright for individuals to record and distribute read-alouds of copyrighted works. No, you will likely not be sued by the creator(s) or the publishers if you do so, but that’s not the point. The point is to model respect for the rights of the copyright holder.)

Every Library’s webpage with an alphabetical list of links to state libraries’ online resources.

Unplugged Ideas
According to a Twitter thread started by Jennifer LaGarde, some school librarians had the opportunity to encourage students to check out books from their libraries before schools were closed to reduce the spread of the virus. Others reported they had little or no warning or were already on spring break when their school closing was enacted. Some are hoping they will be allowed to open their libraries for a brief check-out window.

School librarians who are able to communicate with students’ and families’ smart phones via social media have the opportunity to suggest activities that do not require laptops or tablets. School librarian Ashely Cooksey posted some outstanding “unplugged” ideas for students and families.

(I suggested some additional activities under her post to the Maximizing School Librarians Facebook Group.)

After the Crisis
Access to paper print reading materials during this crisis should be guaranteed, and we have learned it is not. The barriers to accessing digital information may be even more pronounced during school closures.

As we assess our service during this crisis, I believe it is critical for school librarians to stand up, give testimony, and advocate for equitable access for all K-12 students to paper print and electric information and devices not only during school hours during the regular school year… but 24/7 year-round.

Works Cited

American Association of School Librarians. 2018. National Standards for Learners, School Librarians, and School Libraries. Chicago: ALA. https://standards.aasl.org/

Future Ready Schools. 2018/2020. “Future Ready Librarians.” FutureReady.org. https://futureready.org/thenetwork/strands/future-ready-librarians/

Image Credit

Wokandapix. “Equity Fairness Equitable Letters.” Pixabay.com. https://pixabay.com/photos/equity-fairness-equitable-letters-2355700/

Are Memoirs Informational Books?

Over the past year, I have read more young adult memoirs than in previous years. Part of the reason is that I was preparing for and am teaching a course on informational books. Now I’m wondering if more and more memoirs are being published… or is it simply that my awareness of this genre has grown? The collage shows some of the memoirs I have read in the last year.

Last month, I posted “2020 Sibert Awards and the Edwards Award.” As I noted among the 2020 Sibert award and honor winners, there were two memoirs—one in verse, one a poetry collection. Since that posting, I have had several conversations and many thoughts about memoir as a genre within nonfiction and “informational” books. This post summarizes my thinking.

And I welcome your perspectives related to memoir, especially about including it as a genre within informational books.

Nonfiction: A Definition
This is the definition of nonfiction we are using in IS445: Information Books and Resources for Youth, the course I’m facilitating this semester for graduate students in the iSchool at the University of Illinois: “Nonfiction is that body of work in which the author purports to tell us about the real world, a real experience, a real person, an idea, or a belief” (Beers and Probst 2016, 21). I have bolded the word “purports” to remind us that librarians must apply critical evaluation criteria when reviewing, selecting, and using all types of books and resources, including nonfiction and informational texts.

One could ask if nonfiction and “informational” books and resources are one and the same… The Sibert Awards are for informational books. This is the definition Sibert Committee members are using: “Informational books are defined as those written and illustrated to present, organize, and interpret documentable, factual material.”  As evidenced by the 2020 (and prior years’) awards, the Sibert committees consider memoirs “informational.”

Is the information contained in memoirs documentable, factual material? Is the keyword in the Siebert Award definition “interpret”?

Memoir and Autobiography
In our course, informational books and resources include expository texts, narrative nonfiction, biography, autobiography, and… memoir. The question about whether or not memoir is nonfiction has caused me to wonder about autobiography. While memoirs present a snapshot of the author’s life, true autobiographies provide a (more) complete picture of the author’s life. Both are written in the first person; both genres purport to tell “the truth.”

That said, one can imagine that an individual’s “truth” may be more or less “documentable.” Dates, places, and events for today’s memoir and autobiography authors are easy to access and verify. What is likely not easy to document are the accompanying emotions that the authors of these texts felt during their life experiences. I suspect that in the cases of both memoir and autobiography, the “facts” that live in the authors’ memories are shaped by feelings as well as “objective” truths. Does that fact qualify as “interpretation”?

Evaluating Memoir and Autobiography
When we evaluate memoir and autobiography, we necessarily rely on the voice of the author to ascertain authenticity and accuracy. Last week, our class conducted a real-time Twitter chat regarding selection, censorship, and evaluation. This is one of my tweets from that discussion related to how I evaluated Laurie Halse Anderson’s book Shout: The True Story of a Survivor Who Refused to be Silenced. The tweet includes a link to an interview with the author.

Young adult literature advocate, former high school librarian, and book talker Naomi Bates (@yabooksandmore) recently published her review of Almost American Girl: An Illustrated Memoir by Robin Ha. While listening to Naomi’s book talk, I was moved by the authenticity and accuracy Naomi experienced while reading Ha’s book. Naomi made personal cultural connections to Ha’s experiences. This review increased my assessment that Almost American Girl is culturally authentic and accurate and well worth our consideration for inclusion in our libraries. I have requested it from my public library and will read it hearing both Ha’s and Bates’s voices as I do.

Memoir and autobiography are special cases in terms of documentable facts… and yet, from my way of thinking, they are informational books. I wholeheartedly agree with Kylene Beers and Robert Probst: “Nonfiction should not suggest nonfeeling. Nonfiction offers us the chance to learn not only about the world and the people in it, but about ourselves” (2017, 49). And to my way of thinking, memoir may provide one of the most compelling genres for building empathy and inspiring readers to take action to cocreate a more just, compassionate world.

What do you think?

Works Cited

Beers, Kylene, and Robert E. Probst. 2016. Reading Nonfiction: Notice & Note Stances, Signposts, and Strategies. Portsmouth, NH: Heinemann.

Beers, Kylene, and Robert E. Probst. 2017. Disrupting Thinking: Why How We Read Matters. New York: Scholastic.

The School Librarian’s Role in Reading

The American Association of School Librarians (AASL) publishes position statements that respond to the information and advocacy needs of practitioners in the field. These position statements are used in preservice education and conference presentations as well. Statements are also used as communication tools to increase library stakeholders’ understanding of the work of school librarians and to enlist advocates who will speak up for librarians’ vital roles in educating today’s students.

In February, AASL published The School Librarian’s Role in Reading Position Statement. I served as the chair of the task force that drafted this document for the AASL Board’s approval. The position statement was the result of six months of steady work by a team of five. Our charge was to review the previous position statements that involved reading and develop one or more updated statements.

“The task force considered the language from the AASL National School Library Standards for Learners, School Librarians, and School Libraries (2018) in developing a comprehensive position statement that supports school librarians in achieving a fully collaborative and integrated school library philosophy in which they serve as literacy leaders on their school campuses” (AASL 2020).

Aligning with the AASL National Library Standards for Learners, School Librarians, and School Libraries (2018)
The American Association of School Librarians supports the position that “reading is the core of personal and academic competency” (AASL 2018, 11). This core belief guided the work of the task force. The 2018 standards are organized around six shared foundations (or “core values” of school librarianship): inquire, include, collaborate, curate, explore, and engage. The task force determined that framing the new position statement around these foundations was a way to reflect on our role in reading as well as organize the document.

The AASL office also provided us with a keyword search of the standards book. The task force identified keywords from the previous position statements. We reviewed the instances of these keywords in the standards in order to reflect them in this document.

Then… we negotiated.

AASL Committee and Task Force (Virtual) Work
Collaborate is one of the shared foundations in the new standards. We learn a great deal when we collaborate with librarian colleagues. Each member of our task force was/is passionate and informed on the topic of reading. Each of us had real-world experience related to the school librarian’s role in reading and young people’s literacy development. We represented all three instructional levels (elementary, middle, and high). Three of us had post-graduate learning and teaching in the area of children’s and young adult literature and/or teaching reading. We each brought our prior knowledge, research, and experiences to the task.

We used Google docs for our written communication and kept all of our drafts in a Google folder. We had monthly Zoom meetings, provided through AASL’s account and facilitated by our AASL staff liaison.

Collaboration
When students and educators collaborate, we learn to listen more closely. While listening is essential for effective communication, it also shows respect for our peers, our colleagues. When we collaborate, we learn to more clearly articulate our perspectives and share from our hearts as well as our heads. As we crafted the statement, there were beliefs, priorities, and practices on which we did not all initially agree. With patience, persistence, and commitment to the task, we reached consensus on the content of the final document.

School librarians have long cited challenges in collaborative work with classroom teachers and specialists. We know that many of us entered teaching and school librarianship for the autonomy we expect in our work. However, if (school) librarians are to lead, they must build effective partnerships with colleagues.

When we engage in professional collaboration with colleagues, we practice the skills we need to apply at the (school) site and district or system levels, and state and national levels as well.

I hope you will volunteer to serve on a committee or task force in your professional network and grow your collaboration skills. There is much to learn and much to be gained.

Working together—we will have a greater impact on the literacy learning of our patrons.

Works Cited

American Association of School Librarians. 2018. National School Library Standards for Learners, School Librarians, and School Libraries. Chicago: ALA.

American Association of School Librarians. 2020. Position Statement on the School Librarian’s Role in Reading. Chicago: ALA. www.ala.org/aasl/sites/ala.org.aasl/files/content/advocacy/statements/docs/AASL_Position_Statement_RoleinReading_2020-01-25.pdf

Image credit
Johnhain. “Handshake Regard Cooperatie.” Pixabay.com. https://pixabay.com/illustrations/handshake-regard-cooperate-connect-2009183/