So, I have a couple of thoughts about the whole THING that's going down in fandom: i.e. the terrible class some undergrads at UC Berkely were allowed to teach, without really thinking about what their syllabus and course assingments would mean to the larger community.
I agree with a lot of what has been said: it's important, I think, to realize that these folks seem to be Lit folks and they found themselves in Anthro territory out of, well, stupidity and naivity. That said, as Lit folks they should have really known better than to have their students leave "reviews" on fics, where all of the accepted fannish jargon actually says "comments." This is not a minor semantic faux pas. a review to lit students is a pretty specific thing, and implies a level of academic crit that isn't there in the word "comment."
But all this has been said, and better by folks in the comment thread linked here: http://waldorph.tumblr.com/post/111860590008/whatre-we-calling-this-theoryofficgate-i-like
What I want to to talk about here is the idea of getting permission to use publicly available works in class. And it is, on some level an argument about semantics. But I'm a lit person, so i like semantic arguments.
A lot has been said, but the debate that i'm interested in is the notion that these instructors should have gotten permission to study those fics in class.
I think that's the wrong way to say that. See, you don't have to get permission of, say, Neil Gaiman (well known, living author who is pretty available to chat with over the internet), to study his works in class. His works are publically available, and anybody can study them. So you don't need permission to study works of fanfiction that are publically available.
What would be INCREDIBLY RUDE and probably unthinkable to these instructors would be to study the works of Neil Gaiman and require the entire class to email him directly with their reviews of his work, and pinpointing specific lines they had issues with, and thought they could write better, and also criting his spelling and grammar.
A better way to say it would be: these instructors needed to get permission to interact with these authors.
See. you don't need permission to STUDY works that are publically available, but you DO need permission to accost the author in their own space and shove your lit crit in their face. If you don't want to to get permission to study a work, you MUST keep your students from intruding on an authors space willy-nilly.
If you want to require students to interact with an author, you need to ask permission. You wouldn't just have an entire class show up on the front lawn of an author's house and conduct class there if you wanted an interview with the author. You ask authors if they are willing to come into your class on their work to talk about it. You cannot force interaction between the author and the reader.
But printedsoot? lots of authors have crit or bad reviews published about their works. right? this is the same thing, right?
Hahano. See, those are published by folks who are not insisting that the author read them. They aren't emailing (at least if they are good journalists/writers who wish to work in the field for a long time) the authors of the books that they are reviewing and telling them to their face what they thought of the book. They are leaving the review in a public place where the author can choose to ignore it. A lot of authors do.
The comment section on a fic is not a public place. It is a direct link to the author, and as such, it is not something that can be ignored easily.
If you want to study fanfic and ENCOURAGE interaction with the authors, you probably don't need permission, but it would behoove you to let your students know how not to be rude. Like, I know that Neil Gaiman is pretty awesome at answering folks' questions on his tumblr, so I might encourage folks to ask him about specific questions they have regaurding his work, but I would also tell them that before they did so, they sould read some of his blog, his FAQ, and stay away from things like his personal life that isn't with his equally famous wife, non-specific questions that sound like you are asking him to do your homework for you, and anything that they wouldn't actually say or ask to his face. Don't, for example, tell him his use of fragments in American Gods is terrible grammar, because he will a) ignore it, and b) he uses grammar very deliberately and, most importantly, c) its a finished work. this type of comment has no use, because whats there is there. its not going to be revisted or revised.
As with fanfic, if you wish to encourage some amount of interaction and you don't wish to get permission for some reason (though you will likely get better interactions if you do, since you will be working with people who, y'know, are actually interested in interaction) you NEED to talk about what the community considers a "comment", how to figure out if the person is looking for crit, and if they are, what kind of crit is considered polite. You do want to have students who do not make you and your class look like particularly belligerant and horrible childeren, right? That won't reflect well on you.
If you want to REQUIRE interaction, you NEED permission. Period. Because if you don't get permission, and the person you are trying to have an interaction with is offended, unwilling or doesn't notice (I only check my folder for ao3 notifications like once a week, at best, if I remember to) you are going to have issues with a) your students, who will not be able to prove they did the work, and who will DEFINATELY get upset at thier grade point being docked for something they cannot control, b) anybody who has that author's back, and on the internet, anybody who decides to hop on the bandwagon, and c) your supervisors who will be hearing about this from multiple sources: and if its bad enough to actually get viral legs (hi, TheoryOfFicGate), it might damage the SCHOOL'S credibility, and then things get really ugly for you.
Look, I'm a tutor who works for a school. And I still get to ask that professors of the school that I work for get permission to require their students to see me. And I get to make those students my last priority. Because students who are required to see me are a pain in the ass who take up time that I sometimes don't have for students who want to be there. Running a tutor session is hard enough when the student KNOWS they have something wrong with their paper.
I don't see why you wouldn't think to give fic authors who are not getting paid, nor working for your institution the same courtesy.
Getting permission to study a work in the classroom is weird. Getting permission to have students interact with an author is required.