The Pissed Off Professor

Back in the beginning of October, Christina Mallon, a teacher at Williams Field High School in Gilbert, Arizona, was placed on paid administrative leave for performing a cheerleading routine during one of her classes.

The performance was captured by a student on his camera phone video recorder, and the student subsequently uploaded the video to YouTube. The publicity eventually led to the teacher’s suspension/paid leave while the routine was (and continues to be) played and talked about in the media.

What I find most disgusting and amazing about the whole event has nothing at all to do with the teacher or the performance.

No one seems to care about the student’s behavior: he recorded the instructor without her consent, and unless he had his camera phone in plain view, he most likely violated the law.

If he did violate Arizona law by secretly taping his teacher, the moment he uploaded the video, he violated federal law.

But the student’s misconduct isn’t the issue, right?

Let’s imagine for a moment we were back in the stone ages—you know: that long-ago time before the every-one-has-one cell phone. For this event to have occurred, the same student would have had to carry a video camera to class, take it out, and point it at the teacher—an act that would have been a bit harder to hide even with the smallest of camcorders. And let’s not forget, YouTube was born in February 2005, so as we traveled back in time, the video never makes it to millions of viewers.

I wonder: does Williams Field High School have a student cell-phone policy in place? If they do, I’m willing to bet my last month’s paycheck the student who recorded the teacher violated that policy.

But let’s not worry about the student’s misconduct.

While watching the report, the comments of several parents struck me: in a nutshell, they each said if cheering was what it took to keep the students’ interest, then they were all for it. Yeah Team. By all means, let’s leave it up to the teacher to entertain the children while said children are in the classroom—after all, learning for learning’s sake is just plain boring.

Then there were the students who made comments describing the routine as “a waste of students’ educational time” and “immature,” and several who argued “teachers get paid to teach us [. . .] not to cheer” and who complained students “are here to learn.”

Now, I’m confused.

If the students are all for learning, why do educators have to devise ways to keep them engaged?

If the students are all for learning, why are they playing with their cell phones in the classroom?

One other thing concerns me profoundly, and it’s another issue no one is talking about: the inherent copyright protection for original work and performance.

Just because a teacher delivers a lecture or performance in a classroom does not mean the information and/or performance is unprotected. In many cases, the lectures, performance, handouts, and course materials of an instructor are considered “derivative works” and are copyright protected.

It is entirely possible the recording and posting of the performance in question violates United States copyright laws.

But I’m sure the student didn’t know that.

Let’s go smaller: posting what amounts to the instructor’s original work and performance is a violation of YouTube’s policy (emphasis below added):

6. Your User Submissions and Conduct

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize YouTube to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

I’m going out on a limb here: I don’t think the star of the show gave her okay to be uploaded and featured on YouTube.

My refusal to allow cell phones into my classroom is a subject of much debate among my students: given I would never cheer in my classroom, I wonder what my problem is?