Joyce 🐝 Bowen Brand Ambassador @ beBee

7 years ago · 5 min. reading time · ~10 ·

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Tape Erasure

Tape Erasure

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Back in my University days, rumor had it that two professors (one black and one white) had made racial comments during classes. They lost their jobs due to the fact lectures had been recorded and so had their comments.

Teachers took action and promptly instituted policies where recordings were destroyed. I took action and reported the issue in an Editorial column I wrote. It was effective in pointing out what was being required of blind students, and learning-disabled students were illegal, and the policy slowly faded into history.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Learning disabilities affect many students in our college system. To be eligible for services and accommodations, students are required to file appropriate paperwork documenting the specifics of their disability. A student could have one manifestation of learning disabilities, such as verbal memory retrieval difficulties: the inability to get out of the brain what is put in; or many components such as organizational difficulties, verbal memory retrieval and distractibility problems combined.

Salem State University includes a phrase on the reverse of "Faculty Contact Forms" (paperwork informing faculty members of accommodations his/her student is entitled to under Section 504), dealing with an

"Agreement for the use of Tape Recorders in the academic classroom." This statement forces the erasure of lecture notes tape-recorded during the semester after the completion of the course. There are some reasons this policy was instituted.

Dr. Patricia Markunas, a member of SSU's Psychology department and vice president of the Massachusetts State College Association: the statewide union protecting college academia, candidly discussed issues surrounding this policy in her capacity as a representative and an advocate of SSU teachers.
When asked to define the issues that concern SSU teachers, Dr. Markunas said, "There are a couple of issues. People can be a little intimidated by being tape-recorded. Some people have concerns that what they say in a class might be taken out of context, might be misquoted, or might be misused in some other situation. Classes are fluid and freewheeling, and some faculty may make jokes or may say things that when quoted or played again in some other context sound less than flattering."
Dr. Markunas continued, "From a legal standpoint, the major concern is that the faculty members' lectures are their intellectual property; somewhat similar to writing a book or doing a painting or publishing a piece of software. When you tape-record a lecture, you're capturing the intellectual property in a way that is more permanent than someone just taking notes. The concern is that students not misuse that permanent record of that intellectual property."
Dr. Markunas also clarified that lecture material is not being sold in the classroom, that payment of tuition does not entitle the student to consider lecture material as purchased property and that the college does not own any teacher's lecture material.

From these statements, it is clear that professors "own" their lectures. When asked why professors have not resorted to legally copyrighting their lectures (there is no monetary compensation for this type of theft without this process), Dr. Markunas said, "I think it will become an option in the future. The emergence of the Internet and distance education has made those issues more pertinent and timely than ever. This is an issue way beyond individual students with disabilities. This has bigger implications, and soon faculty will do that [copyright]. We [MSCA] may advise them, in fact, to do that."

John Mullen who is dyslexic and dysgraphic, a college professor at New Mexico State University, and the father of two dyslexic children, said, "I checked with our Campus Office of Support for Students with Disabilities, and they have never heard of such a thing. No professor has ever made such a request. Such a requirement is equivalent to requiring all students destroy their class notes. After all, if a student intended to sell the tapes, a promise to erase them is not going to get in the way; and if the student does not intend to sell them, why punish him or her?"

Through information provided by Dr. Markunas-I was able to access a site that buys student notes. I joined up and scrolled down the college list, SSU was there, but no notes from SSU were available. There were notes

From Boston University UMass of Massachusetts Lowell, 'Harvard University, and many others. But the notes uploaded to those sites were "written" by the students. No tapes of notes were being provided.

Perhaps that's because such provisions clearly violate copyright laws; however, written lecture notes can be argued to be interpretations of, and therefore the property of, students.

Is this policy discriminating against learning-disabled and sight impaired students? If sites will only buy written notes, how does destroying tape-recordings aid in preventing this theft? How is note-taking defined? Have you ever made a "mental note" of something you had to do?

I have learning disabilities that make retrieving and organizing information difficult. I also find it difficult to determine what important points a professor's trying to get across. Voice delivery of such information aids me in that process. Therefore, my notes are on tape.  Others are in Braille.

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According to the US. Department of Education, Office for Civil Rights, Under Title II of the Americans with Disabilities Act of 1990, 28 C.F.R. SS 35.160 " In determining what type of auxiliary aid and service is necessary, a public entity shall give Primary consideration to the requests of the individual with disabilities [emphasis added]."
In addition, "From Appendix A to the 504 regulations, commenting on the auxiliary aids section of the regs, 34 CFR 104.44: Paragraph (b) Every person bound by US law has the mandated right to maintain copies of recordings... provides that institutions may not impose rules that have the effect of limiting the participation of handicapped students in the education program. Such rules include the prohibition of recorders or braillers in classrooms and dog guides in campus buildings. Several recipients expressed concern about allowing students to record lectures because the professor may later want to copyright the lectures. This problem may be solved by requiring students to sign agreements that they will not release the recording or transcription or otherwise hinder the professor's ability to obtain a copyright."

I don't see words in that paragraph that say anything anyone wants to add can be stuck on the tail-end of that promise.

From where I sit, students who need to tape their notes to succeed in college are discriminated against. Those who write notes are not required to throw them away. They can keep them to reference in graduate school. I have to spend two more hours per class than non-LD students to write my notes down on paper to keep them. Writing them down neuters their effectiveness. The level playing field recedes into controversy.

Requiring only learning-disabled students to destroy their notes discriminates against them. Requiring learning-disabled students to destroy their notes will not prevent the sale of college lecture notes.

Federal Law 17 U.S.C-secs. 107, 108 states, "The restrictions of the Copyright Act are not upon the mere production of a copy, but of distribution of that copy. A single personal copy for scholarly, educational, or personal use is not a violation." (See, e.g., Sony Corp. of America v. (See, e.g., Sony-Corp.'of America v. Universal City Studios, 464 U.S. 417 (1981).) It is an "Absolute Privilege." Also, federal law supersedes any state-based contracts.

In layman's terms, these laws say:

1.) Students' first choices in what aides their learning are to be considered the most important choices.

2.)Section 504: Students have a mandated right to tape-record classes if their documentation supports it.

3.) The Copyright Act: Every person bound by US law has a mandated right to maintain copies of recordings and the like for scholarly, educational, or personal use.

Professors should never have to worry that their life's work is being spread all over the Internet or being sold by more traditional lecture-note panderers. Intellectual property rights are as important as accommodations for the disabled.

As for what is said in class, no tapes should be allowed to be used in any way that is not conducive to mutual respect and trust. No tapes should be allowed to be used for any retaliation for any slight perceived by a student.

As far as joke-telling goes, this student is grateful for professors so secure in the knowledge of their subject that they can break away from their thought processes long enough to lift tension in classrooms.

But requiring students to destroy their tapes is wrong; it is a violation of their rights to require them to do so. We've come too far to step so far backward.

As for myself, I promise not to use tapes of my classes for any purpose other than to learn. But I also promise to fight this infringement of my right to learn and to keep learning.


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Comments
#66
ADA takes precedence, which is what this post is about. But I do agree that not everyone who is disabled holds my views. I believe I have a responsibility to the person I record. I believe that in classroom instances teachers need to be informed that they are being recorded and they are. I must file paperwork with them informing them I'm doing so. They get it in writing. But they do not have a choice as I have documented disabilities. Even in Mass where I live. ADA trumps state law. Thank God. I don't know what I'd do if it didn't. It may not be legal for someone not covered by ADA, but that was not my concern with this post. Very spirited discussion. Thanks so much to all for your valuable input.

Phil Friedman

7 years ago #47

BTW, Joyce Bowen, this is why I believe the issue could and probably should be resolved by legislation which would make such recordings inadmissible in both legal and administrative proceedings. BTW, Joyce, some of what was said (not by me) earlier about only one party to a conversation needing to be aware of a recording for it to be legal, is way off base. California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington all require every party to a conversation to consent to a recording. http://blogs.findlaw.com/law_and_life/2015/09/is-it-legal-to-record-your-teachers-or-professors.html#sthash.nF3HuiO7.dpuf And in most cases, making an illegal recording is a third-degree felony with some serious penalties accruing. I am not arguing that students should not be allowed to record lectures for their personal use. I am only saying that academic freedom and the rights of professors and teachers need also to be protected. Thank you for staging a truly thought-provoking conversation. Cheers to all.

Phil Friedman

7 years ago #46

#64
Antoinette> " I don't want to contribute to conspiracy theories. " Thank you, Antoinette, for answering. And thank you for demonstrating my earlier point about the potential dangers of unrestricted recording of professors' and teachers' classroom lectures and discussions. That someone as earnest as you could make the above-quoted statement -- while at the same time making entirely unsubstantiated assertions about "... activist professors and teachers who provoke people to break the law. Using students to do their bidding ..." and insist that the substantiation for such claims is easy to find, yet again refuse to provide any -- supports, I submit, the concern that such recordings could very easily be used out of context or in partial form to unjustly attack academics. Cheers!

Phil Friedman

7 years ago #45

#62
Antoinette, I am not suggesting anything. I have been asking you because of your references to "well known and well documented" cases of professors and teachers acting as poliitical agents provacateur. As to whether the documentation is easy to find if you know where to look, could you give me a few tips on where to look and what search terms to employ? Thank you. Cheers!

Phil Friedman

7 years ago #44

#60
Antoinette> " It is and has been well documented." If so, why is it difficult to find? But wouldn't it help to have videos of lectures then to document the action of these provocateur professors?

Phil Friedman

7 years ago #43

#58
Antoinette, suppose we assume that all of what you say could be documented, would you be in favor of using recordings fro classroom lectures to bring the professors and teachers involved up for disciplinary action by school adminstrators? Even as evidence in criminal prosecutions? I would think we'd want to rid iuselves of these people, wouldn't you say?

Phil Friedman

7 years ago #42

#56
Antoinette, you say that you've read posts about these things, but do you have direct knowledge of such incidents occurring? And are you saying that the use of tape recorders would be a good way of "getting the goods on" such "activist" professors and teachers, with an eye to getting them arrested and out of the educational system? Would be interested to know. Yours for academic responsibility. Cheers!

Lisa Gallagher

7 years ago #41

I've never heard of that, not saying it's not true. I know kids with disabilities are allowed to bring tape recorders to school if it's part of the IEP and so are College students. Heck, someone could just keep a recorder on their phone on while it's inside their pocket or purse.. no one would know except the student. There are reason's people need to record lectures and I remember many of my Professors telling us if we needed to it was fine. There seemed to be one or two in most of the classes I took ask.

Devesh 🐝 Bhatt

7 years ago #40

#32
you are most welcome. Here we don't have learning disabilities, we go by the old scale of disabilities and there is a huge racket of people bribing to get disability certificates for the special quota in Govt jobs. Disabled educated people are treated with kindness until they cross the age requirement for Govt Jobs. Apparently the "troublemaker" label is a bigger problem here for those under 30.
It has been a lively and spirited discussion. Thanks for your contributions. Definitely food for thought.

Phil Friedman

7 years ago #38

#49
Yep, and to quote Pogo on the shores of Lake Okeefenokee, "We have met the enemy and he is us." Interesting and stimulating post, Joyce. Cheers!
#48
heavy sigh. You are right. As Jim Murray would say, "There are plenty of a-holes out there.

Phil Friedman

7 years ago #36

#46
Me too, Joyce. However, recording a lecture for one's own use would not violate current U.S. copyright law. It would be the further distribution of such recording that would, especially if distributed commercially. Libraries in the U.S., academic and public, for example, almost universally allow photocopies to be made on their machines of large portions of books and published papers, after having the copier sign a statement that the copy is being made for personal use in lieu of making hand-written notes. And believe me, such institutions have to be "up" on copyright law and their liabilities under it. The primary objection by teachers, which you cited, was to the misuse and use out of context of the recordings or portions thereof of their lectures. Gerald Hecht has related one such personal experience as a teacher. And anyone who denies the potential to use such recordings in attacks on academic freedom and freedom of speech and political expression is either hopelessly naive, ignorant of U.S. history (e.g. of the MaCarthy hearings and the effects wrought on academics, artists, and writers of that series of political witch hunts), or being intentionally obtuse. Cont - Pt. II

Phil Friedman

7 years ago #35

#46
Joyce - Pt II The First Amendment to the U.S. Constitution enshrines the right of free speech and political expression. Censorship has many definitions. But this one from The Columbia Encyclopedia seems to me a good one: "Official prohibition or restriction of any type of expression believed to threaten the political, social, or moral order. It may be imposed by governmental authority, local or national, by a religious body, or occasionally by a powerful private group." I'd point out that the threat of reprisals for speaking or publishing material deemed "objectionable" is itself a manifestation of censorship -- and, by the way, one of the most common manifestations found in educational venues. Consequently, I believe we have to give some measure of credence to concerns expressed by teachers that recordings of their lectures could potentially be used out of context to attack both their academic freedom and their First Amendment rights. And it is in that context, and that context alone, that I suggested the potential remedy of making not the lecture itself, but the student recording of the lecture an instrument of privileged communication that could, as a result, never be used in a legal or administrative proceeding against the teacher involved. The issue cannot be about the protection of intellectual property because any and all original work associated with a teacher's lecture(s) is covered by a creator's copyright, well established in law and by international treaty. And I do not believe for a moment that the issue is about a copyright covering the performance. No, whatever objections raised are based on potential use and misuse in the actions against faculty members; and it is those which have to be addressed in order to clear the way for universal acceptance of recording in lieu of hand-written notes. Cheers!
#45
I am a solid believer in copyright law.
#43
No one can deny me the right to record, because of my disabilities. People take issue with that. But if they could live in my head for a week, they would never try to deny an LD student again. It's that bad. I kept a high CUUM through diligence, and hours and hours of study. God forbid I did not have recordings. I am always concerned with others' privacy, but I know they are not concerned with marks I get for performance, so I never feel bad about it.

Liesbeth Leysen, MSc.

7 years ago #32

Joyce Bowen, a post that brings reality and all what we can do from there, well done!
#38
agreed also
#37
agreed

Phil Friedman

7 years ago #29

#33
So Joyce, I believe you can see that academic freedom and First Amendment rights need constant and vigilant guarding. For such rights are what protect you, as well, in your efforts to speak out about the crimes and injustices you seek to eliminate. Don't you think?

Phil Friedman

7 years ago #28

#33
Thank you, Gerry, for sharing the details of your misfortune. I am genuinely sorry for your troubles and would be pleased to head up the Gerald Hecht Defense Fund on GoFundMe. Seriously, if it would help, one academic square peg to another. Just PM me.
#31
so sorry to hear that happened to you. Perhaps recordings should be limited to disabled students. I took that responsibility very very seriously.
#27
So cheers means you're done? Very stimulating conversation. Thank you.
#26
I do see the argument.

Phil Friedman

7 years ago #24

#24
Joyce, just so it's clear, I am NOT talking about lectures being privileged communication NOW. Never said that, which should be clear to anyone who actually reads the comment thread. To the contrary, I suggested making them so in law as a way of obviating teachers' concerns over academic freedom, etc. and clearing the way to the use of recording devices without a lot of hassling. Would it be possible to pass such legislation? I don't know. But then at one time I never thought we'd see anything like ADA. Cheers!

Phil Friedman

7 years ago #23

#24
My suggestion is a pragmatic, not an ethical one. Making recordings of college and university lectures and classroom discussions privileged communication removes whatever objections teachers might use, based on concerns about academic freedom. The key to dealing with social and political issues is to practice the art of the possible. And to recognize that an immovable ethical stance often leaves one marginalized and powerless.
#23
Yes--I understand that. I guess I'm going bellyup when it comes to the fact I disagree with any form of inadmissability. I say we have to have--need to have checks and balances. It's very possible that these recordings can be that. I have had instances where I could have used my recordings to prove my point, but never have--professors obviously suffering from dementia and such. It was never a twinkle in my mind to use my recordings. I rather felt compassion. But if someone did something very wrong, I would do whatever I had to to rectify the situation--as I suspect you would, too.

Phil Friedman

7 years ago #21

#22
Joyce, it has nothing to do with being prosecuted or not for using the recordings. If the recording are privileged communication, they cannot be used in a court case or an administrative determination, under any circumstances. They are not admissible.
#21
You are responding as if we always live in times of extremes, and I must admit I see us moving towards that now. In normal times, we don't have these worries, and it is those very extremes we must guard against. If in peaceful times, recordings guard us against extremes, I say go for it. If a teacher promoted racist remarks, I would not hesitate to use my recordings even under the threat of prosecution.

Phil Friedman

7 years ago #19

#17
I am sorry, but you are wrong about if you don't have anything to worry about... etc. The McCarthy hearings and the results in terms of blacklists, firings, and violations of First amendment rights demonstrated otherwise -- especially in academia, the Arts, and public service sectors. Indeed, I have no doubt that some of the people who were among those responsible for passage of ADA legislation, on which you rely, would be targeted by reactionary political forces, if they were not protected in law. That's like saying if one is not guilty, one doesn't need a lawyer if charged with a crime.

Devesh 🐝 Bhatt

7 years ago #18

#18
I think i will like your lectures. One of a kind no repetitions. Especially when i am not familiar with psychology. As for time travel, we are already travelling a second in a second. If i travelled a few years in a second it would be more like memory loss :)
#18
Gerald Hecht I had one professor request copies of all lectures for his own use at end of semester. I was so pleased I converted all the files to MP3s and loaded them up on a USB and practically gift-wrapped it.
#16
Phil Friedman I half agree with you, however, I firmly believe that if someone has nothing to worry about, they should not mind being recorded. I'd like to say I'm sure the recording indicating racism were listened to in their entirety. But I don't know. If someone is engaging in activity that is considered criminal, they should be brought to task by whatever means is at one's disposal.

Phil Friedman

7 years ago #15

I have never known a teacher at the college or university level to worry about what happens to the notes students make in the teachers' classes. I can see, however, that recordings might raise concern about academic freedom. The answer seems simple to me. By legislation make any such recordings inadmissible as evidence in any proceeding, legal or administrative. The recording of classroom lectures and discussions becomes privileged communication between teacher and student. Done.

Devesh 🐝 Bhatt

7 years ago #14

#14
i will attend your lecture someday in person. Just a day

Harvey Lloyd

7 years ago #13

I appreciate this post in many ways. In the past we were able to accept criticism in a very intellectual way. But then we had humility. Today each persona that is being presented via social media is trying to corral their own brand. Should the platform side with the individuals branding efforts or the universal objectivity? I think every platform faces this very tough question. More importantly i would think that having the tools BeBee is announcing pushes this question down to the brand. I think it will be hard for folks to "clean" without being noticed and labeled as propaganda. Just because you have the tools is not necessarily a good thing. Salt is good to flavor food but their is a limit to its benefit. What will be interesting is to watch various writers and how they deploy the tool(s). One thing is for sure it will present two options writing or deleting. BeBee will no longer research or have to deal with complaints, the writer will. Be careful what you wish for...... Before you roll out and leave you should at least hang around long enough to watch the fire works. Should you decide to roll out i wanted to thank you for your contributions too my learning within social media.

Harvey Lloyd

7 years ago #12

I appreciate this post in many ways. In the past we were able to accept criticism in a very intellectual way. But then we had humility. Today each persona that is being presented via social media is trying to corral their own brand. Should the platform side with the individuals branding efforts or the universal objectivity? I think every platform faces this very tough question. More importantly i would think that having the tools BeBee is announcing pushes this question down to the brand. I think it will be hard for folks to "clean" without being noticed and labeled as propaganda. Just because you have the tools is not necessarily a good thing. Salt is good to flavor food but their is a limit to its benefit. What will be interesting is to watch various writers and how they deploy the tool(s). One thing is for sure it will present two options writing or deleting. BeBee will no longer research or have to deal with complaints, the writer will. Be careful what you wish for...... Before you roll out and leave you should at least hang around long enough to watch the fire works. Should you decide to roll out i wanted to thank you for your contributions too my learning within social media.

Harvey Lloyd

7 years ago #11

I appreciate this post in many ways. In the past we were able to accept criticism in a very intellectual way. But then we had humility. Today each persona that is being presented via social media is trying to corral their own brand. Should the platform side with the individuals branding efforts or the universal objectivity? I think every platform faces this very tough question. More importantly i would think that having the tools BeBee is announcing pushes this question down to the brand. I think it will be hard for folks to "clean" without being noticed and labeled as propaganda. Just because you have the tools is not necessarily a good thing. Salt is good to flavor food but their is a limit to its benefit. What will be interesting is to watch various writers and how they deploy the tool(s). One thing is for sure it will present two options writing or deleting. BeBee will no longer research or have to deal with complaints, the writer will. Be careful what you wish for...... Before you roll out and leave you should at least hang around long enough to watch the fire works. Should you decide to roll out i wanted to thank you for your contributions too my learning within social media.
#6
What really peeved me was when they were destroying braille cards for the blind. Can you imagine requiring the blind to destroy their notes? I told them that when they required all students to destroy notes, I would consider complying. I now have a pretty complicated system--digital recorder, the files of which I si,ply transfer to my computer.

Devesh 🐝 Bhatt

7 years ago #9

#8
yes you did, but some might just cave. Also everyone monitors teachers , administrators, students and all surrounding factors... nobody monitors learning :) something i have worked on and devised for access to the poorest of poor without dependency on hi tech and teachers. I hope it works :)
#7
I simply solved the problem for myself by telling professors I would not destroy my recordings and refused to sign that clause.

Devesh 🐝 Bhatt

7 years ago #7

Create a central database of all lectures available through amazon like audio app for students. They dont need to record anything, IP is protected and Students with disabilities get additional sessions to monitor their learning. This is a pretty generic solution and the entire problem has to be understood by me, but this is what i could come up with instantly for now. Maybe we could think more in these lines if it sounds useful.

Harvey Lloyd

7 years ago #6

"Some people have concerns that what they say in a class might be taken out of context, might be misquoted, or might be misused in some other situation." Welcome to the human race. We all have this fear in today's world of google cameras and social media. Are professors a protected class now? I find it interesting that students are not seen as customers, but rather a mere herd of galtinous mass that academia bestows wisdom upon. Having piad north of 100k getting two daughters through higher learning I would classify students as customers. What would happen if sales people (professors) acted the same way in the private sector? Education is for students and their benefit. They should be treated as customers. Professors work for the organization which serve these customers, establishing ownership of all intellectual property pruduced discovered or otherwise coming from their employment for the benefit of the student. You highlight a sore point within our system of higher learning. Where students are not the primary focus
Deb \ud83d\udc1d Helfrich
Deb\ud83d\udc1d Lange

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