“Our university is not a supermarket!” read one of the fliers I saw posted up around the University College London campus while there to attend a conference this past week. It seems that early November is now the official occasion for militant discontent over austerity and higher education, at least in England. Arriving for the same annual conference a year ago, I’d made my way through streets crowded with students demonstrating against budget cuts and privatization, amidst police who were prepared (so a newspaper said the following morning) to use plastic bullets if the crowd got rowdy, as it had during the huge protests against a proposal to lift the cap on tuitions in November 2010.
Fifty thousand people had turned out for that event -- more than twice as many as even the organizers expected – and a few hundred of them decided to occupy the campaign headquarters of the Conservative Party, which they left considerably worse for wear. Elsewhere, another crowd menaced the Prince of Wales and Duchess of Cornwall in their Rolls Royce, which was paint-bombed and its rear window smashed.
That was 2010. Nothing so A Tale of Two Cities-ish took place during the November 2011 march through central London. As for next week -- who knows? The National Union of Students has called for a march through central London on November 21, scheduled to coincide with the weekly questioning of the prime minister by members of the House of Commons. Complaining that the government has been “slashing undergraduate teaching funding, increasing tuition fees, introducing draconian restrictions on international students, cutting funding for post-graduate students, [and] hiking fees for adult learners looking to gain basic skills,” the NUS also points to another worsening situation: nearly a million people in England between the ages of 16 and 24 are currently unemployed. (The International Labour Organization, a United Nations agency, projects rising joblessness among youth to continue as a global trend over the next five years.) The police will probably have their plastic bullets ready next week, come what may.
As slogans go, “Our university is not a supermarket!” impressed me as one that wouldn’t work as a rallying cry in the United States. While Charles Eliot had many sober and lofty reasons for introducing the electives system at Harvard University in the late 19th century, its near-universal adoption throughout undergraduate education in the U.S. surely has more to do with the principle that it’s a good idea to give the customers what they want. (That was a running complaint in the late Jacques Barzun’s reflections on American education, discussed here last month.) It seems that we like our supermarket universities just fine here.
But that's just too cynical, and these are times when we should be ashamed of cynicism rather than proud of it. While writing this, I've gotten word from a philosophy major at Howard University that he and other students will be occupying Alaine Locke Hall on Thursday, November 15, to protest "tuition rates, administrative mistreatment of janitorial staff, and program cuts." These are not the demands of disgruntled consumers, and the protesters are very deliberate about their timing: Thursday is World Philosophy Day.
If their occupation goes on long enough, the students should read a recent volume called What Are Universities For? by Stefan Collini, a professor of intellectual history and English literature at Cambridge University. His Absent Minds: Intellectuals in Britain (Oxford University Press, 2006) is as trenchant and far-flung a work of cultural history as anything I’ve ever read, and some of its qualities also come through in the occasional pieces he has been writing about higher education since the 1980s, many of them gathered in the new book. Published this spring by Penguin, it is available as a paperback in the U.K. and Canada but not in the U.S., though you can order it to read on Kindle.
Much of it is quite specific to British debates over the reform and restructuring of the country’s university system -- and a few of the older pieces (including one called “Bibliometry,” from the late 1980s, on the use of citation statistics as “performance indicators” for scholars’ work) are now period pieces. But his response to the rise of corporate thinking and management-speak in academe is acerbic in ways that have aged well. “I work in the knowledge and human-resources industry,” one piece begins. “My company specializes in two types of product: we manufacture high-quality, multi-skilled units of human capacity; and we produce commercially relevant, cutting-edge new knowledge in user-friendly packages of printed material….Let me put that another way. I’m a university teacher. I teach students and I write books.”
What is there about education and scholarship that gets lost in this sort of "mission statement"-ese? Collini's book is a sustained engagement with that question, but one passage stands out as a memorable formulation of what distinguishes the university from any other institution:
“A university, it may be said, is a protected space in which various forms of useful preparation for life are undertaken in a setting and manner which encourages the students to understand the contingency of any particular packet of knowledge and its interrelations with other, different forms of knowledge. To do this, the teachers themselves need to be engaged in constantly going beyond the confines of the packets of knowledge that they teach, and there is no way to prescribe in advance what will and will not be fruitful ways to do that. Undergraduate education involves exposing students for a while to the experience of enquiry into something in particular, but enquiry which has no external goal other than improving the understanding of that subject matter. One rough and ready distinction between university education and professional training is that education relativizes and constantly calls into question the information which training simply permits.... [Learning of that kind] can only be done through engagement with some particular subject matter, not simply by ingesting a set of abstract propositions about the contingency of knowledge, and the more there already exists and elaborated and sophisticated tradition of enquiry in a particular area, the more demanding and rigorous will be the process of requiring and revising understanding."
Not written with a student demonstration on World Philosophy Day in mind, of course, but it seems fitting.
Keeping the costs of textbooks and other learning tools as low as possible for today’s college students is a goal almost everyone can agree upon. How to accomplish that goal, however, is another matter entirely.
And pursuing that goal in the courts, where sweeping decisions can render in a minute what might otherwise take years to implement, is risky at best and counterproductive at worst.
Sometimes, however, savings for students can be found in the most unlikely of places. To prove my point, take a close look at Cambridge University Press v. Becker, widely known as the Georgia State University (GSU) E-Reserves case, initially ruled upon three months ago by U.S. Federal District Court Judge Orinda Evans, who issued a further ruling last Friday.
Most of the press coverage of Judge Evans’s ruling concentrated on its delineation of the many ways that colleges can continue to cite the doctrine of “fair use” to permit their making copies of books and other materials for use in teaching and the pursuit of scholarship. And, to be fair (pardon the pun), in 94 of the 99 instances claimed by academic publishers such as Cambridge, Oxford and Sage to be violations of copyright, the judge did rule that GSU and its professors were covered by fair use.
But in its fair use assessment, the court made two important rulings: (1) it created a bright line rule for the amount of text that can be copied; and (2) it established that when publishers make excerpts available for licensing (particularly in digital form), the publisher has a better chance of receiving those licensing fees (i.e., it is less likely to be held fair use). With regard to the first ruling, the key point is that the guesswork has been taken out. Specific amounts (10 percent of a book if less than 10 chapters, or 1 chapter of a book if more than 10 chapters) allowable for copy have been set.
The second ruling is even more significant. At first glance, it might seem that licensing “fees” have negative ramifications for students, as they would now be forced to “pay” for materials that would otherwise be “free.” But the nuanced reality of the ruling, at least in my view, is that this will actually do more to keep student book prices down than the commonly accepted benefits of fair use.
Here’s why: without this finding, many small and mid-size academic publishers might otherwise be priced out of participating in the higher education market and a handful of larger textbook players could multilaterally decide to raise prices within their tight but powerful group, serving to hurt students’ pocketbooks in the process.
However, the ability for all publishers -- small, medium and large -- to sell excerpts that are “reasonably available, at a reasonable price” levels the playing field for suppliers of content. This then leads to a pricing scheme that rewards the creation of effective units of content, meaning that students are paying only for what is most relevant to their studies, and not the extra materials that inevitably become part of comprehensive textbook products.
Disaggregation of content therefore, is not a license to charge students for materials that would otherwise be free. Instead, disaggregation is an enabler of the provision of targeted, highly relevant content that, in the end, may actually cost students less than their purchase of more generalized materials that often include content not taught in a particular class.
The pricing of disaggregated content is, to be sure, set entirely by the publisher. But a publisher faced with an opportunity to amortize a portion of its intellectual investment through what is, in effect, a “permission fee” per student or to hold fast to a view of “buy the entire book or nothing at all” will, I am fairly certain, come to a quick realization that unit pricing is the way to go.
If “a small excerpt of a copyrighted book is available in a convenient format and at a reasonable price, then that factor [in the fair use assessment] weighs in favor of the publisher to be compensated for such academic use,” according to Judge Evans’s initial ruling in the GSU E-Reserves case. This not only stands in her recent ruling, it is reasonable because it incentivizes publishers to make their content more readily available to be licensed and it provides a mechanism by which academic institutions can take advantage of those licenses.
From the outset, the purpose of the GSU E-Reserves case, as brought by the plaintiff publishers, was to try to bring some judicial clarity to GSU’s practice of posting large amounts of copyrighted material to e-reserves system under a claim of fair use.
Now, with this latest ruling by Judge Evans, the copyright picture is beginning to clarify, but a healthy debate of the meaning of the ruling remains in order. As CEO of a company that strives to make available copyright-cleared units of content for professors to assemble into “best-of” books, I’ve just provided my take. What’s yours?
Caroline Vanderlip is CEO of SharedBook Inc., parent company of AcademicPub.