5. Student Creator Rights
If this is your first experience with open pedagogy, you may not have had a conversation before or given much thought to your rights as a creator. These rights start with copyright and intellectual property.
Your Rights as a Creator
Copyright
Copyright law in the United States grants a creator control over certain uses of their work. In order to qualify for copyright protection, a work must be an “original work of authorship” and fixed in any tangible medium of expression.[1] This means it could be written on paper, typed on a computer, recorded as a video, or any other form of media, and must also have “at least a modicum” of creativity and be an independent creation of the creator.[2]
When you begin creating content for your renewable assignment, you own that copyright over your work AND you get to decide how you want to express your copyright. You can choose to keep your work under “All Rights Reserved” which is traditional copyright, meaning if someone were to use your work without your permission in ways that are not covered under copyright law, then there is legal misdoing. Or you could choose to openly license your work with Creative Commons licenses, which allow you to intentionally choose how someone could use your work in the future. We’ll talk more about Creative Commons licenses in the next chapter.
As we talked about in the Student Agency section of the toolkit, engaging in open pedagogy means that choosing how to express your copyright is completely up to you.
Copyright Caution
While anything you create for a class is typically owned by you, the student, there is one exception to this rule: Work for Hire. A Work for Hire states that even though you might have created the work, the copyright is actually owned by your “employer”. In this case, there isn’t an employer, but an institution. Usually, any completed schoolwork you do, you still own the copyright. It’s typically only when you are paid by your institution, or you use materials or resources owned by your institution (that go above and beyond standard use like the library, computer stations, classrooms, etc.) that your work may be a Work for Hire. This situation is not typical but it is something to keep in mind. Check out these resources if you have more questions:
Does a school have the right to use a student journalist’s photo? – This blog post from the Michigan State University of Law explains a Work for Hire in the case of a student journalist’s photo. It walks you through some of the nuance of this atypical situation.
SCOOP: Students are Copyright Holders, Too – This blog post explains a student’s rights to copyright – what materials they own and how this impacts student scholarship.
A Student’s Guide to Intellectual Property Ownership at the University of Illinois at Urbana-Champaign – This is a policy from the University of Illinois that can help you understand what might be considered a work for hire from an institutional perspective. This policy is specific to the University of Illinois, so consider reaching out to your instructor to see if there is a policy at your institution.
Student Privacy
When making your decision about whether to openly license your work or not, you might be wondering about your own privacy. Posting something publicly, whether to an open repository or even on a class website, might feel a bit scary; everyone could see your work! Even more than that, there can be real risk associated with posting something in a space that leaves us open to the public – and each student might experience different levels of risk. This is why the decision to openly license your work is up to you, but there are ways that your instructor can help mitigate some of the discomfort you might feel about sharing your work.
For example, you could choose to openly license your work anonymously or under a pseudonym. This way, if you really want to share all the hard work you’ve put into creating, you can do so without the fear that anyone will know it was you who created it. As you work throughout the term you should carefully consider and reflect on your privacy rights so that you feel comfortable with the decisions you’re making. You might want to reach out to your instructor to ensure you’re both on the same page. You can also collaborate on signed agreements so you can be sure to exercise your rights in the way that make sense for you. Additionally, choosing not to openly license your work will not impact your grade. At the end of the toolkit, there is a collection of sample student work agreements so that you can have a better idea as to what one might look like.
Engaging in open pedagogy means you have the right to question and carefully consider how your creative rights and privacy rights are handled.
- U.S. Copyright Office. (2021). Copyright basics. Accessed September 5, 2023. https://www.copyright.gov/circs/circ01.pdf↵
- U.S. Copyright Office. (2021). Copyright basics. Accessed September 5, 2023. https://www.copyright.gov/circs/circ01.df↵