...would the standards then need to be copyrighted?
Look at this language from the Common Core State Standards Initiative website on who developed and owns the standards:
Attribution; Copyright Notice:
NGA Center/CCSSO shall be acknowledged as the sole owners and
developers of the Common Core State Standards, and no claims to the
contrary shall be made.
Any publication or public display shall include the following notice:
“© Copyright 2010. National Governors Association Center for Best
Practices and Council of Chief State School Officers. All rights
reserved.”
States and territories of the United States as well as the District
of Columbia that have adopted the Common Core State Standards in whole
are exempt from this provision of the License.
Standards written by state agencies are not currently copyrighted. Why would these standards need to be copyrighted? Doesn't that seem odd to you? If the NGA Center/CCSSO are indeed the sole owners and developers of the CCSS, then how can they make the claim these standards were state led? Is it because the Education Commissioners are the State Chiefs? Is "state led" really an accurate label to keep repeating to legislators and the public to assuage their concern about a consortia now directing state educational standards/assessments....and these states cannot alter them in any way?
Below is a blog post with a skeptical eye on this process and promises by the CCSSI. From Blogush.edublogs.org and
Common Core Copyright:
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If the United States Department of Education had created the next set
of standards that the country would follow everyone would own the
“copyright” to the standards. States could pick and choose, use it as a
reference, make their own prep material.
ANY USE OF THE COMMON CORE STATE STANDARDS OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
Because the Common Core Standards were written by private groups they
own the copyright and determine how they are to be used. For example,
if your state agrees to use the standards you may not eliminate even
one, but you may add up to 15%.
ANY PERSON WHO EXERCISES ANY RIGHTS
TO THE COMMON CORE STATE STANDARDS THEREBY ACCEPTS AND AGREES TO BE
BOUND BY THE TERMS OF THIS LICENSE. THE RIGHTS CONTAINED HEREIN ARE
GRANTED IN CONSIDERATION OF ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
The NGA Center for Best Practices (NGA Center) and the Council of
Chief State School Officers (CCSSO) was kind enough to let states use
them after they created them. I mean geez, a few people spent an entire
year on them, it was nice of them to share without any strings
attached. I must say they are great, because I think it is against
their copyright to say anything bad about them.
The NGA Center for Best Practices
(NGA Center) and the Council of Chief State School Officers (CCSSO)
hereby grant a limited, non-exclusive, royalty-free license to copy,
publish, distribute, and display the Common Core State Standards for
purposes that support the Common Core State Standards Initiative.
It does strike me as odd that someone “owns” the standards that all
kids will get drilled in. I guess that means they could sell the rights
to them at anytime. I am wondering if every kid and teacher could put
up $1 and maybe make an offer, buy them, and then decide to do something
else that doesn’t mean weeks of standardized testing.
NGA Center/CCSSO shall be
acknowledged as the sole owners and developers of the Common Core State
Standards, and no claims to the contrary shall be made.
The CCSS folks do provide some material for teachers to use to get
acclimated, and I know McGraw-Hill is making the questions and providing
some sources for one of the two testing consortiums. Luckily for us
McGrw-Hill is a trustworthy company that will stand behind what they
produce for teachers and students CCSS needs.
McGraw-Hill makes no representations
or warranties as to the accuracy of any information contained in the
McGraw-Hill Material, including any warranties of merchantability or
fitness for a particular purpose. In no event shall McGraw-Hill have any
liability to any party for special, incidental, tort, or consequential
damages arising out of or in connection with the McGraw-Hill Material,
even if McGraw-Hill has been advised of the possibility of such damages.
I know that many teachers are excited about moving to a set of
standards that are sure to work and improve students’ abilities. The
folks who worked on them are willing to stick their neck
out publicly and guarantee that these standards will move America
forward back to our place as world leaders in test score.
THE COMMON CORE STATE STANDARDS ARE
PROVIDED AS-IS AND WITH ALL FAULTS, AND NGA CENTER/CCSSO MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND…
We should also be thankful that just in case the CCSS end up
destroying the lives of our children and making them test prep zombies
that we can always rely on our strong judicial system to have our back.
UNDER NO CIRCUMSTANCES SHALL NGA
CENTER OR CCSSO, INDIVIDUALLY OR JOINTLY, BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE
DAMAGES HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY, WHETHER FOR
CONTRACT, TORT, STRICT LIABILITY, OR A COMBINATION THEREOF (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE COMMON
CORE STATE STANDARDS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH RISK
AND POTENTIAL DAMAGE. WITHOUT LIMITING THE FOREGOING, LICENSEE WAIVES
THE RIGHT TO SEEK LEGAL REDRESS AGAINST, AND RELEASES FROM ALL LIABILITY
AND COVENANTS NOT TO SUE, NGA CENTER AND CCSSO.
Long live the CCSS…
Source for all quotes
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