A Canadian Copyright Decision Tree for BC Educators

November 27, 2014

Recently, I was asked to present at Jane Jacek’s (@JEJacek on twitter) school in #SD61 Victoria on the topic of copyright and copyright compliance. As part of the preparation process, I thought it would be handy to have a decision tree. I though one already existed for this, but when I tried to track one down I couldn’t find one. So, I thought I would just have to make one for Canadian copyright and teachers. I needed a big virtual canvas for this as it has various pathways. So, the actual decision tree is housed as a Prezi. The image below is a single screen capture of the entire canvas of “A Canadian Copyright Decision Tree for BC Educators“. Please click on the link above, image or link below, to go to the Prezi itself and see the content in more detail.Hengstler's Canadian Copyright Decision Making Tree


Link to Prezi: A Canadian Copyright Decision Tree for BC Educators (J. Hengstler, 2014)

Feel free to comment or send me an email if you find any errors or omissions you feel should be included.

I hope it helps Canadian teachers–especially those in my province–more readily navigate copyright decisions.


The Compliance Continuum: FIPPA & BC Public Educators

April 24, 2014


As I encounter and work with BC educators at all levels of public education who are using–or want to use–social media and cloud computing, it has become evident that they have a range of orientations regarding the applicability of the British Columbia Freedom of Information and Protection of Privacy Act (FIPPA). This can apply to a single teacher, a school administrator, or a wider group as a whole. Now don’t get me wrong–FIPPA is a law and applicable to all educators using social media and cloud computing in BC public institutions and there are consequences for not following it; however, how educators see this varies. My conception of BC educators’ positions is longer than it’s fair to put in a blog post, so like the “Primer” (https://jhengstler.wordpress.com/2013/05/17/a-k-12-primer-for-british-columbia-teachers-posting-students-work-online/), I’ve linked it in this post as a longer PDF. Click on the cover image to download the document or use the link near the end of this post.

Here’s the abstract: Hengstler theorizes a continuum of 6 compliance positions for educators (Avoidance, Ignorance, Knowledgeable Non-Compliance, Approaching Compliance, Establishing Compliance, & Full Compliances) with regard to the application of British Columbia’s (Canada) Freedom of Information and Protection of Privacy Act (FIPPA) to the use of social media and cloud computing tools in BC public schools. The article concludes with a call for collaboration to increase compliance.

Link to article for download: https://www.dropbox.com/s/ridcqq14a7k9543/Compliance_Continuum_5_06_14-1.pdf

I look forward to hearing your feedback and comments.

Defanti Incident: One more reason to separate your private data from professional

July 8, 2009

isabelle_jackson_elem_smHere I am, back on my favourite recent soapbox. Maybe you’ve heard about Crystal Defanti. She is a fifth grade teacher @ Isabelle Jackson Elementary in Sacramento, California. The incident goes like this: Defanti makes a DVD of fifth grade memories and sends it off with the class to take home at the end of this school year. Unbeknownst to Ms. Defanti, she included a short clip of herself naked in a graphic position on a couch that is interspliced with the fifth grade footage.

Now Defanti is becoming a celebrity of sorts as her incident has shown up on TV, Associated Content, blogs, etc. The original TV spot from CBS news indicates that Defanti is still employed in the district and the station’s legal expert indicates that it is unlikely that Defanti will loose her job or career over the incident. (You’ll have to dig that one up yourself as I won’t for personal reasons embed or link it here.) One of the parents spoken to by CBS reporter, David Begnaud, stated that Defanti called him the day after the DVD went home “crying hysterically, profusely apologizing saying it was all an accident”. The parent also stated that Defanti asked him to help her contact other parents to prevent their children from seeing the DVD.

rosenfeldCBS cites a local legal expert, Ken Rosenfeld who said that that Defanti did not intend for this to happen and called her actions “felony stupid, but not a crime”.  Rosenfeld also stated that while Defanti could loose her job over this, it’s unlikely: “Is it something she should be disciplined for, certainly. But loose her career over? She didn’t intend for this to happen.”

Most of the buzz on this seems to center on whether Defanti should continue to teach–since at the time of the posting she is still apparently employed in the school. I don’t know the context of her professional situation–only her administrators, parents of students, etc. know that for sure–so I don’t think I’m in a position to comment on whether she should be fired, asked to leave voluntarily or stay on. For me, there’s a larger issue for all teachers and professionals beyond this individual case–we must separate our personal and professional data as much as possible. What may seem innocent and acceptable as an individual citizen, is not so acceptable in the scrutiny of professional standards/codes of behaviour–and as teachers we are under constant scrutiny. We are held to a higher standard of behaviour than the general population–we are considered role models & moulders of young minds for our local communities.

This type of concern is what led the city of Bozeman, Montana to try to get the passwords to social networking sites for city job applicants–a practice they’ve since rescinded. Do I agree with this level of invasiveness–absolutely not–but I think it is our responsibility as professionals to manage our digital footprints in a manner aligned with what is expected of us. The issues of how employee behaviour reflects on employers is what is prompting companies like IBM and Intel to take proactive measures, creating guidelines around employee use of social networking: IBM guidelines Intel guidelines. In fact, I had a student in a recent seminar I gave on digital footprints who told me as an employee of EB Games in Canada he was required to sign an agreement that he would not tie his name to the company’s in his personal social networking content. (I’m contacting the company now to see if I can see or share this policy). As teachers, our behaviour reflects not only on our schools and districts but on our profession as well. We need to keep that in mind.

razaMoreover, I worry that what happened to the Star Wars kid (whose real name is Ghyslain Raza  by the way) might happen to Defanti as a result of how quickly this type of content spreads. If you don’t know Raza’s story, some old footage of him fooling around as a Jedi @ 15 years old was found in school by fellow students recording on the same cassette. The other students put the content on the Internet and went viral. It became one of the biggest all-time viral videos. Raza was subjected to extensive vicious bullying and ridicule as a result. Raza dropped out of school and was “under psychiatric care for an indefinite amount of time”. The stigma could make it difficult or Raza to continue his education, find a job and might necessitate a name change. Raza’s family sued the families of the 3 students involved and settled out of court.

Such slip-ups,where the content is digital, are hard to recover from. The data moves faster than lightspeed–and unfortunately,  it seems the more embarrassing or salacious the item, the more likely it is that it will be spread.

This incident would make for a very timely and useful case-study for school & district administrators everywhere. Anyone’s school, district or companies out there have policies and guidelines around use of digital, social or other media that you are willing to share?

lHe dropped out of school & “will be under psychiatric care for an indefinite amount of time.” stigma could make it difficult for the kid to continue his education, find employment, and might necessitate that he change his name.