Use Of A Podcast Options

[Josh]

So, I got an email a week or so ago that I have not replied to yet. It was from an english teacher here in Japan at a university that is quite large and reaches across the country.

Apparently, the language department at this university is using my podcast around the country to use as a lesson for their 1st and 2nd year students in the english classes.

This has been going on for a while and has now been brought to my atttention by this instructor. They use the podcast and have the students find my errors.

First year students have to count how many um's i have in one certain show, and 2nd year students have to actually point out specific errors like when i stutter or use incorrect pronunciation (like when i'm ad-libbing and come up short).

Now, this guy's email was meant to be positive, but the subject line was "don't quit". Lately, it's been getting very difficult to put out a show (let alone make it sound decent), and i'm thinking that this guy emailed me to primarily encourage me not to quit so he wouldn't have to go out and pay for real lesson materials. Now, I may be a little rash and all but it just seems to turn me the wrong way that an entire university is using my podcast (and has for some time) without my knowledge or consent. And the way they're using my podcast (to find english errors) is not only embarrassing, but show us Americans as not fully skilled in our native language.

My wife said i should have them pay me for using the podcast without my knowledge. I don't have a CC license, but just a straight copyright in my ID3 tag. I'm not so sure that's what I want though.

Does anyone here any any comments on what they would do if they were in my situation? This seems to be difficult situation for me because it's not a language school, but a full fledged university.

Those of us here in Japan with the US military are here as "ambassadors to Japan". This seems to be contradictory to that, and represents Americans as somewhat ignorant to their own language. I know many here might not see it like that, but if you know how the Japanese society works, you'd understand. Almost all perceptions of people and situations here in Japan are referenced to the first impression. Maybe i'm just being paranoid, but I just don't feel comfortable.

Any comments or suggestions?

[TheBigShow]

If the show is being utilized in a way that's contrary to the origional vision of the show, then you have the right and should tell them to stop. If they want to play it to introduce people to podcasting that's great, but to use it as a way to tear you apart for how you say things, no thanks. I'd send them a notice asking them to stop, if they don't sue. Remember, this school and this teacher get paid to use your FREE works. Don't think so big guy....

[switchpod]

I would say let them reccomend it to your their students as a learning guide its free promotion to you, but the second they actually play your podcast "comercially" in their classroom is when they should pay you.

I would also say that "don't quit" is encouraging, but if they say, we would like you to put out an episode or please put out an episode now, you should get angry at them. Its not their place to not be paying you and saying you need to put out more shows.

[Josh]

here's the email in it's entirety. I've bolded some of the things that hit home pretty hard.

I have just caught up with some of your episodes for January through March and I hear that you are concerned about what direction your format should take. Actually, for some of us out here, the subject matter does not matter too much but we want you to keep going.

There is probably a component of your podcast of which you are unaware. I am a university teacher and I use your podcast with beginning, 1st-year, English language majors. The 1st-year students, with more basic language skills, can still benefit from some interaction with the language, but we do maintain the involvement at a rather simple, and fun, level for them. For these beginners, we just ask them to arrive at a target number for the week. This number is computed by having them listen to your podcast and counting the number of times you say "You know," plus the number of times you say "like"
divided by the number of times you refer to the listeners as "You guys." It is great fun for them, and gives them practice in directed listening.

The fourth year students also listen to the podcast, but with more advanced listening skills, the task is different. You often refer to the fact that you live in Japan and interact with Japanese other than your wife, so you understand that the inability of most Japanese to communicate in spoken English stems not from any unfamiliarity with the language but more from the culturally-induced fear of making mistakes in front of others. We teach the students that they have nothing to fear as even native speakers frequently make mistakes with the language but just continue with aplomb as long as they feel they are still communicating effectively. To that end, we have the more advanced students listen for errors in your usage, such as "Me and family,"
"....as double as....," "...entirely read it in its entirety..." or your pronunciation blunders such as what you recently did to "emphatically."

The students are becoming ever more adept at hearing these mistakes and they are beginning to appreciate the concept that some Americans can mismanage the language so the students themselves need not be so self-conscious.

Even our graduate students appreciate your efforts and at their level, they are able to discuss your observations when your information is incomplete or simply clearly incorrect. At first, they were merely uncomfortable with your misconceptions about life here, but on a larger scale, they are beginning to understand they need to be less parochial about their own attitudes towards foreign countries and have come to the conclusion that they need to inform themselves better.

You have a far-reaching education impact now. There is a university in Okinawa, two in Fukushima, and one in Sendai, as well as mine in Tokyo, with students using your material, so as I said, "Keep going!"

[TheBigShow]

I'd respond letting him know that if he wants to use your show as a teaching tool like a book, time to pay up or stop using the show.

[switchpod]

Wow, hes basicly insulting your english the entire email, I would make him pay just for how he phrased the email. Also, tell him that each culture has their own slang on a language, take german for instance, different parts of germany speak different slangs of german. But if one person from one area of germany were to go to a different area in germany they might not understand each other because of the slang difference, but their both still speaking german.
My point is nomatter whats considered propper, each part of the US has a differernt slang.

[TheJastrom]

I honestly think the guy was trying to be complementary. But what he did is plant a seed in the brain that would make one forever self-concious of what one was saying. It would drive me nuts.

Many times on my show I will say 'You Know' and the more I try not to say it the more that I do say it. What I would feel honored that they are listening to your show and think of it in this deciphered way. They are learning to speak English with the help of your show. Just leave it at that. Don't think of any other part of it. They are learning that yes indeed Us americans are very laid back in the way which we speak and that is Helpful. Other than that, I got nuthin'.

[Dygash]

Okay you realise he's taking the piss out of you right? No offence to anyone for me swearing but the guy is flagrently pointing out your failings (my catchphrase is 'i mean' which i say like 20 zillion times every show, i edit several hundred umms out as well so we all do this, if anything its a natural part of language now, its a modern part of language) anyway this guy is politely being rude to you if that makes sense, thats how it looks plain as daylight. He only seems to want you to continue so that these universities have free material to teach and they don't care two hoots about your material in the show even going as far as to say your views were wrong etc i suggest you have a word with whoever 'runs' Tokyo University and have them reprimand the teacher or sort out a financial agreement. You really shouldn't let this continue, especially if your material is copyrighted. It's demeaning for you and unflattering and any podcaster deserves far better treatment.

Best of Luck with your choice

Dygash

[Erika]

I'd respond letting him know that if he wants to use your show as a teaching tool like a book, time to pay up or stop using the show.

I agree - if you have any form of copyright tag in your show that should be doable. It is one thing to give out the show for free for people to enjoy, but the teacher gets paid and the school makes money off of the tuition revenue.

Instead of sending a cease and decist letter, just address the topic in your next show for now. It might shame the teacher into stopping, or at least it might stop him from sending further insulting email and using your work as his own free teaching instrument: "This is a podcast for individuals to listen to on their own time and for their own entertainment. If you are using this as a language tool and to make money, I would suggest that you familiarize yourself with the copyright and creative commons license applied to this show. It is illegal to go to your local library and xerox a book for your students. Using my show for personal financial gain is equivalent to that."

[Josh]

first, i want to say thank you to everyone for their comments. i see everyone's point in this matter so far, but please, if you have anything else, let me know.

Erika, I like your angle on the approach, but I was thinking of being a little more straightforward. I emailed the instructor and let him know that I apprecated his email and was curious as to which institution this was. I let him know that I could do something a bit more beneficial for the school, and would like to contact the language dept. on my own. This way it doesn't sound as if i'm setting a trap or anything.

I was going to approach the school and inform them that the show is infact under copyright and would like compensation for the use of the shows. I won't go in pointing fingers and claiming their fault. I'll present it as an opportunity for them to have legal use of the show for whatever purposes they want. if I get a negative response, or no response, I'll just go to my JAG office this week and see what options they can give to me.

I guess the hardest part of this is not to be accusatory. I really like your idea, but that closes the situation, and i'd imagine that they'd quit using my podcast and just find another to use. All the while, the new podcaster would be ignorant to what they're doing (like me up until last week).

you guys have been a great help with this so far. THANK YOU! i'm glad i've not been too off in right field with this.

if anyone else has anything, please post it. you pickle people kick arse!

[Planet Retcon]

Make your show explicit. Like, something that would make NLO blush. That should teach them.

[p2pcj]

Well, firstly, if your in the military, I doubt their going to give a crap about creative commons, especially to sue a japanese university. Hell, they can go as far as requesting the chit signed by your co that gives you permission to record a podcast, so tread lightly on that one, if they wanna be arses, then they can be. And not to get political, but you know how they cow-tow sometimes to keep stuff quiet. I would personally write the dude back and say that he himself needs to learn amrican english all over, beacuse in todays america, many forms of slang are accepted as actually grammer now, so your verbage is actually correct in some parts of the country. I would inform them that public and commercial use of the show has to be granted in writing, especially since they use it to teach, and unless japan is way outta the norm, im sure they make money from the students being taught, and if its used to make them cash, then they violated copyright. Although I wouldn't expect more then a slap on the wrist.
Now as far as the lessons go, I don't actually see them as insulting, at least not from that dudes perspective of apparently limited english. Using your, or any other english based podcast and finding grammerical errors is a good way of using immersion teaching, which is one of the best ways to teach any language. He does seem condesending, but name a college professor who doesnt think his crap smells like roses and doesnt think he is god supreme of knowing it all, and i'd be suprised, so I wouldn't take it the wrong way, it's just how his pee brain works, and i doubt he thought he was actually insulting you.
As for you possibly dropping off, WTF? Keep yer A*S podcasting, or i'll have some of my japanese friends locate you and force you to continue by threatining you with mayo coverd egg sushi from ahh mcdonald's-san!


PS, my typing sux anus, so ignore the typo's, cause im too lazy to fix em, welcome to america baby!

[Matt Fabrication]

you could purposefully use this knowledge as a way to fuck with them... i don't know how, but it would be funny. maybe just start saying weirder and weirder things, until eventually your show makes no sense and an entire classroom of japanese english students are all talking like retards... THAT'll show that fancypants teacher!

unfortunately, then you'd lose REAL listeners, so nevermind.

[Absolute Science]

Make your show explicit. Like, something that would make NLO blush. That should teach them.

LOL. That's too funny!

But I am wondering, since the Japanese culture is so different, is it really meant to be insulting, or does it just sound that way to our American ears? I don't know, but I'm wondering. It seems kind of funny that they're trying to use your podcast to make the students feel more comfortable making mistakes, while at the same time they are having the students use some kind of mathematical formula to quantify your mistakes.

Anyway, your straightforward approach to dealing with them sounds like the best route to me.

Hang in there! (and keep going)

Mignon

[John & Allie]

Hi Josh,

Don't charge them a dime!

From what I have read, a tech-savvy proffessor used your podcast to help students improve their English skills. Your podcast might be the only podcast that some of those students have ever heard. That is a great opportunity to build another audience.

If you do seek out a license agreement with the university, we say go for an exclusive deal that lets you be the only Japanese-to-English podcast for language skills. If I were in your shoes, I would not send a letter to university asking them to stop....I would get in contact with the professor that sent you the letter and arrange an interview.

This sounds like a great opportinity and we wish you all the luck.

Let us know how it turns out,

J & A

[eban]

First, I would start doing the show totally in Redneck slang, Then I would sick Godzilla on them. Hell, even if they beat Godzilla, just think of the roadkill BBQ!

Woohoo, Sake and a big darn lizard Martha, do it get better-n-this? Get em an armidiller and were all set!

Man, I can be so non-helpful (how's that for bad usage of english?)

BTW, after living in England for two years, I can honestly say that the British talk funny

[Josh]

This is the latest string of the emails. .....

I emailed him again and am awaiting his response

leaves a little bit of a dirty taste in my mouth.

CJ, my feed declares the show has CC 2.0 with some rights reserved. The actual .mp3 files have no CC license and state copyright 2006, joshinjapan.com in the ID3 tags. As for going to the JAG office, it would be for advice only. I don't believe they handle small claims, and this is exactly what it would be.

As for what to do if this doesn't work....

I'm planning on doing a quick announcement over the feed stating that Mr. xxxxxx has informed me that an un-named university in the following locations is using my podcast illegally for teaching their students english. They are to immediately cease and decist, and that if any one has any information on this school to contact me.

I'll repeat that on the next 3 shows as well. I doubt any of the students even will hear it. My prediction is that the instructors play the show aloud in the classroom instead of having each student download the show independently (which would help me correctly claim them as listeners).

-----Original Message-----
From: Josh <josh@joshinjapan.com>
To: xxxxxxxxxx@aim.com
Sent: Sat, 15 Apr 2006 12:55:02 +0900
Subject: RE: Keep going

xxxxxxx,

Thank you for your email. I appreciate your concerns, and thank you for informing me of other uses for podcasts. It's something I've never considered before.

What school/university are you referring to if you don't mind? I might be
able to help out the school in a more substantial way but need to get some contact info first.

I look forward to hearing from you.

Respectfully,
Josh

then....

Well, I am as reticent about revealing information about my students as you are about revealing anything personal about your family and would demur about making myself any more known than you do. Fair enough, I think and you need not concern yourself about making a more substantial contribution. You are doing fine, and to paraphrase you from a recent podcast, "It is your way and you do not have to divulge from it."

But, the university is fairly large and we have several campuses near you.

xxxxxxxx
Tokyo

and my response...

I am not asking information about your students, I am just interested in which facility you are speaking of. I think it would only be fair that if your institution is using my Podcast, that I know who they are. I could care less who or how many students are using my Podcast for learning, just the name of the school they are attending. I know you understand. It's quite a large accomplishment for me, and if needed, I would like to provide the name of this school for any press releases or sponsorship requests. Thanks,

Josh

[Dismay]

Mmmm.

This is very very interesting and I would like to comment more later, but I am heading out right now.

So, for now . ..

This is interesting because I just gave a presentation to my department on how to use podcasts in ELT. There are three kinds:

1. Authentic -- like yours Josh
2. Teacher produced.
3. Student produced.

Now . . . I would encourage my students to listen to your podcasts for similar reasons - to hear anative english speaker speak. I understand what the teacher said about pointing out some grammr problems in speach. We do that all the time wth other media. And, it should not be taken as offence. Heck, I know I have the greatest respect for your podcast.

mmm I am running out of time.

My point, and I'll try to write more later, is that I am not surprised that a university is using your podcast. The instructor could have worde their email better, though.

Sorry . . . gotta run.

[Absolute Science]

His second email makes it sound a lot more like he knows he's doing something wrong.

Mignon

[Slusy]

Well, if you have the headers from the e-mail, you could probably do an IP trace on the origin of the e-mail to figure out what university he's working for. Chances are, he sent it from on campus, and that'll give you a starting point