Noah Sarna on the issues, cases and events of interest to British Columbia's educational community
Using social media to improve, not impair, your prospects
Following up on my post from last week, the dangers and pitfalls embedded in the use of social media, like Facebook, are growing increasingly clear. But an equally important issue, which I did not touch on below, is how these tools can be used to maximize their benefits (of which there are plenty!).
Teacher Newsmagazine, a publication of BCTF, recently carried an interesting article by prominent Vancouver lawyer Tony Wilson, who practised intellectual property law at Boughton. He speaks directly to students and educators and advises them on how to use social media to protect, instead of diminish, their online reputation, while reminding us fully of the precautions we should take. Wilson refers to a new area of law emerging on this subject:
The online world has created a new area of law in this age of Web 2.0. Its called Online Reputation Management Law, and it straddles the law of defamation, freedom of speech, privacy law, copyright law, and trademark law. It also involves the non-legal (but equally as important) fields of public relations and crisis management. Many of the legal issues in this area involve Facebook, which has over 350,000,000 users, (including about 90% of all the middle school and secondary school students you and your colleagues teach every day. You might be a Facebook user as well.)
Digital information presents fundamentally different material for publication from any content we have seen before because it is so easily reproduced, and, in part for that reason, once it is created and released it is almost impossible to retract. For better or worse, you do not need a printing press to spread words or images in front of the minds of the many. Copy and paste, linking and other web functions have lowered (or liberated – depending who you ask) the bar for self-styled commentators and editors.
I remember when I was a pre-teen the worst thing someone could do was ask you whether you had a crush on someone while secretly recording your conversation. The possibilities are now endless of how someone can damage your reputation or otherwise ruin your relationships using any number of devices that sell for relatively affordable prices and are operational with relatively unsophisticated levels of training.
But now, like back then, the greater risk posed to your own reputation is yourself. Reproducibility and irretractability of digital information are two basic elements of our web-based society. We deny them, or minimize their significance, at our own peril. Students have broad ambitions; based on their age and the common use of social media, it is relatively easy for a momentary lapse in judgment to damage their career prospects. Similarly, educators, because of their unique role with respect to youth and the advancement of knowledge, have concerns of equal importance. It is essential for both these groups to adopt clear standards, both personal and professional, when using social media.
See here for a pamphlet by BLG on Education Law that contains an interesting article on a user’s guide to social networking that is tailored to school staff.
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Facebook as a microphone for misdeeds and mistakes
March 2, 2021 - 10:06 am
Tags: facebook, intellectual property, police, school liability, teachers liability
Posted in News | No comments
There is usually a considerable lag time between the law and new, popular technologies. It takes most of us a while to figure out what each new item is all about. Then, once one becomes a real money-maker, there are those who claim it was stolen from them. Others still who manage to use it in a way that invites some [...]
CAUT granted intervenor status in review of school copyright tariff decision
February 10, 2021 - 10:22 am
Tags: access copyright, canadian association of university teachers, copyright, copyright board of canada, education law, fair dealing, intellectual property, schools
Posted in News | No comments
Paul Brent at the Law Times reported earlier this week that the Canadian Association of University Teachers has been granted leave to intervene in the upcoming judicial review (i.e. appeal) by provincial Ministers of Education of the decision by the Copyright Board of Canada last June, which raised the fees to be paid by schools [...]
Universities must clarify ownership of inventions in staff contracts
January 25, 2021 - 10:40 am
Tags: copyright, education law, employee, employer, intellectual property, invention, patent, research, university
Posted in News | No comments
Where an academic staff member at a university has a eureka moment and produces a fascinating and helpful invention, who holds the rights to that invention – the staff member or the university?
Contrary to my post below regarding copyright, an employee-employer relationship does not result in a presumption that the employer holds rights to the invention. The [...]
MBAs: “students” or “customers”
January 18, 2021 - 9:44 am
Tags: commodification of education, customers, economy, higher education, identity, students
Posted in News | No comments
The New York Times recently ran an interesting debate about whether business schools should view their enrollees as students or customers. Although the contributing authors are all at schools south of the border, similar issues apply – the commodification of education, the emerging identity of schools and students, and the economic concerns of educational institutions.
My sense is [...]
Lawyers praising teachers
January 14, 2021 - 9:27 am
Tags: education, lawyers, salaries, students, teachers, tony wilson, values
Posted in Commentary | No comments
Tony Wilson, a prominent Vancouver lawyer and a renowned expert in franchise law, wrote a stinging and long-overdue lament to the legal community about how our society values lawyers and undervalues teachers. The column appeared in a broadly distributed publication of the Canadian Bar Association (BC Branch) last month.
Mr. Wilson’s commentary has become a discussion piece in the [...]
E-textbooks introduce a new intellectual property relationship for universities
January 6, 2021 - 10:08 am
Tags: digital, e-textbooks, education law, intellectual property
Posted in Commentary | 1 comment
When I started my undergraduate degree in 1998, seeing a laptop in class was an anomoly. By the time I finished law school eight years later, I heard professors complain about never seeing their students’ faces and identifying the active students by the brand of their computer.
No more pencils. No more papers. Years of education [...]
UBC Celebrates Legal Victory in Prolonged Discrimination Claim
December 1, 2009 - 11:14 pm
Tags: court of appeal, discrimination, education law, good faith, religion, students, ubc
Posted in News | 2 comments
The storm of controversy and commentary surrounding Cynthia Maughan, the UBC student who alleged discrimination by the university and several professors on the basis of her Christian beliefs, reached what many think is an ultimate conclusion a couple of weeks ago. The BC Court of Appeal for British Columbia released its decision in Maughan v. University of British Columbia et al, [...]