Copyright law and mash-ups: A policy paper

This report provides an analysis of the cultural, policy and legal implications of ‘mash-ups’. This study provides a short history of mash-ups, explaining how the current ‘remix culture’ builds upon a range of creative antecedents and cultural traditions, which valorised appropriation, quotation, and transformation. It provides modern examples of mash-ups, such as sound recordings, musical works, film and artistic works, focusing on works seen on You Tube and other online applications. In particular, it considers - * Literary mash-ups of canonical texts, including Pride and Prejudice and Zombies, The Wind Done Gone, After the Rain, and 60 Years Later; * Artistic mash-ups, highlighting the Obama Hope poster, the ‘Column’ case, and the competition for extending famous album covers; * Geographical mash-ups, most notably, the Google Australia bushfires map; * Musical mash-ups, such as The Grey Album and the work of Girl Talk; * Cinematic mash-ups, including remixes of There Will Be Blood and The Downfall; and This survey provides an analysis of why mash-up culture is valuable. It highlights the range of aesthetic, political, comic, and commercial impulses behind the creation and the dissemination of mash-ups. This report highlights the tensions between copyright law and mash-ups in particular cultural sectors. Second, this report emphasizes the importance of civil society institutions in promoting and defending mash-ups in both copyright litigation and policy debates. It provides a study of key organisations – including: * The Fair Use Project; * The Organization for Transformative Works; * Public Knowledge; * The Electronic Frontier Foundation; and * The Chilling Effects Clearinghouse This report suggests that much can be learnt from this network of organisations in the United States. There is a dearth of comparable legal clinics, advocacy groups, and creative institutions in Australia. As a result, the public interest values of copyright law have only received weak, incidental support from defendant companies – such as Network Ten and IceTV – with other copyright agendas. Third, this report canvasses a succinct model for legislative reform in respect of copyright law and mash-ups. It highlights: * The extent to which mash-ups are ‘tolerated uses’; * The conflicting judicial precedents on substantiality in Australia and the United States; * The debate over copyright exceptions relating to mash-ups and remixes; * The use of the take-down and notice system under the safe harbours regime by copyright owners in respect of mash-ups; * The impact of technological protection measures on mash-ups and remixes; * The possibility of statutory licensing in respect of mash-ups; * The use of Creative Commons licences; * The impact of moral rights protection upon mash-ups; * The interaction between economic and moral rights under copyright law; and * Questions of copyright law, freedom of expression, and political mash-ups.

Landscape painting

The images in this exhibition were based on questioning relationships between the histories of painting and photography, which helped to establish the indexical references that became both photography’s most powerful attribute and most subtle illusion. Debates over the objectivity or subjectivity of the photograph and the uneasy relationship between painting and photography, as played out in the history of art, have been brought into sharp relief with the contemporary proliferation of digital images. The digital realm of photography gives rise to a general and relative skepticism of verity, but it can be argued that to artist/photographers, this representational malleability is precisely what their purpose becomes. In researching current issues of the indexical in photographic practice, landscape provides a potent vehicle for exploring issues of representation and illusion, the nexus of painting and photography, and the digital realm. One of contemporary photography’s most resonant themes is a return to pictorial subjects and methods, including a renewed interest in floribunda, still life and landscape. The resulting deconstruction and reconstruction of landscape ‘painting’ in this body of work- the monochrome, linear abstraction, painterly representationalsism and pictorialist detail is presented as a perceptual, aesthetic and digital act. The exhibition incorporates landscape painting’s simplicity and complexity, photography’s significance of representation and minimalist aesthetics in an over-mediated world.

Design thinking using a collaborative model for skin cancer prevention

Physical activity is well recognised as a means to reduce cancer risk; however, outdoor activity can increase sun exposure and consequential skin cancer risk. It is proposed, one of the key potential solutions to promote active lifestyles whilst enhancing protection against skin cancer is design resolution for active apparel that considers Australia’s sub-tropical climate whilst maintaining comfort, aesthetic appeal and performance. Using a design thinking approach, facilitated through collaboration between an NGO and a university, student designers were tasked with developing apparel prototypes to explore this challenge. Through practical ideation of problems, potential design solutions were developed within a modest NGO budget and adherence to specific brand guidelines. This project is novel as it demonstrates a low cost yet effective way of collaboratively creating a product to meet multiple needs, rather than reactively assessing already manufactured sun protection products for endorsement. It is a nimble and unique stepping stone in integrating sun safety considerations into clothing that is appealing to the population and creating cross-industry understandings of how design can better contribute to human health and wellbeing. Outcomes to be shared include empirical insights for updating sun safe clothing guidelines, issues around the aesthetic nature of sun safe apparel, and the role of design education for sun safety.

Lost in space: The place of the architectural milieu in the aetiology and treatment of schizophrenia

Purpose – Psychological and epidemiological literature suggests that the built environment plays both causal and therapeutic roles in schizophrenia, but what are the implications for designers? The purpose of this paper is to focus on the role the built environment plays in psycho‐environmental dynamics, in order that negative effects can be avoided and beneficial effects emphasised in architectural design. Design/methodology/approach – The approach taken is a translational exploration of the dynamics between the built environment and psychotic illness, using primary research from disciplines as diverse as epidemiology, neurology and psychology. Findings – The built environment is conceived as being both an agonist and as an antagonist for the underlying processes that present as psychosis. The built environment is implicated through several means, through the opportunities it provides. These may be physical, narrative, emotional, hedonic or personal. Some opportunities may be negative, and others positive. The built environment is also an important source of unexpected aesthetic stimulation, yet in psychotic illnesses, aesthetic sensibilities characteristically suffer from deterioration. Research limitations/implications – The findings presented are based on research that is largely translated from very different fields of enquiry. Whilst findings are cogent and logical, much of the support is correlational rather than empirical. Social implications – The WHO claims that schizophrenia destroys 24 million lives worldwide, with an exponential effect on human and financial capital. Because evidence implicates the built environment, architectural and urban designers may have a role to play in reducing the human costs wrought by the illness. Originality/value – Never before has architecture been so explicitly implicated as a cause of mental illness. This paper was presented to the Symposium of Mental Health Facility Design, and is essential reading for anyone involved in designing for improved mental health.

Liberty

In terms of critical discourse, Liberty contributes to the ongoing aesthetic debate on ‘the sublime.’ Philosopher Immanuel Kant (1724–1804) defined the sublime as a failure of rationality in response to sensory overload: a state where the imagination is suspended, without definitive reference points—a state beyond unequivocal ‘knowing.’ I believe the events of September 11, 2001 eluded our understanding in much the same way, leaving us in a moment of suspension between awe and horror. It was an event that couldn’t be understood in terms of scope or scale. It was a moment of overload, which is so difficult to capture in art. With my work I attempt to rekindle that moment of suspension. Like the events of 9/11, Liberty defies definition. Its form is constantly changing; it is always presenting us with new layers of meaning. Nobody quite had a handle on the events that followed 9/11, because the implications were constantly shifting. In the same way, Liberty cannot be contained or defined at any moment in time. Like the events of 9/11, the full story cannot be told in a snapshot. One of the dictionary definitions for the word ‘sublime’ is the conversion of ‘a solid substance directly into a gas, without there being an intermediate liquid phase’. With this in mind, I would like to present Liberty as a work that is literally ‘sublime.’ But what’s really interesting to me about Liberty is that it presents the sublime on all levels: in its medium, in its subject matter (that moment of suspension), and in its formal (formless) presentation. On every level Liberty is sublime—subverting all tangible reference points and eluding capture entirely. Liberty is based on the Statue of Liberty in New York. However, unlike that statue which has stood in New York since 1886 and can be reasonably expected to stand for millennia, this work takes on diminishing proportions, carved as it is in carbon dioxide, a mysterious, previously unexplored medium—one which smokes, snows and dramatically vanishes into a harmless gas. Like the material this work is carved from, the civil liberties of the free world are diminishing fast, since 9/11 and before. This was my thought when I first conceived this work. Now it’s become evident that Liberty expresses a lot more than just this: it demonstrates the erosion of civil liberties, yes. However, it also presents the intangible, indefinable moments in the days and months that followed 9/11. The sculptural work will last for only a short time, and thereafter will exist only in documentation. During this time, the form is continually changing and self-refining, until it disappears entirely, to be inhaled, metabolised and literally taken to heart by viewers.

Shrinking Violets

Description of the work Shrinking Violets is comprised of two half scale garments in laser cut silk organza, developed with a knotting device to allow for disassembly and reassembly. The first is a jacket in layered red organza including black storm flap details. The second is a vest in jade organza with circles of pink organza attached through a pattern of knots. Research Background This practice-led fashion design research sits within the field of Design for Sustainability (DfS) in fashion that seeks to mitigate the environmental and ethical impacts of fashion consumption and production. The research explores new systems of garment construction for DfS, and examines how these systems may involve ‘designing’ new user interactions with the garments. The garments’ construction system allows them to be disassembled and recycled or reassembled by users to form a new garment. Conventional garment design follows a set process of cutting and construction, with pattern pieces permanently machine-stitched together. Garments typically contain multiple fibre types; for example a jacket may be constructed from a shell of wool/polyester, an acetate lining, fusible interlinings, and plastic buttons. These complex inputs mean that textile recycling is highly labour intensive, first to separate the garment pieces and second to sort the multiple fibre types. This difficulty results in poor quality ‘shoddy’ comprised of many fibre types and unsuitable for new apparel, or in large quantities of recyclable textile waste sent to landfill (Hawley 2011). Design-led approaches that consider the garment’s end of life in the design process are a way of addressing this problem. In Gulich’s (2006) analysis, use of single materials is the most effective way to ensure ease of recycling, with multiple materials that can be detached next in effectiveness. Given the low rate of technological innovation in most apparel manufacturing (Ruiz 2011), a challenge for effective recycling is how to develop new manufacturing methods that allow for garments to be more easily disassembled at end-of-life. Research Contribution This project addresses the research question: How can design for disassembly be considered within the fashion design process? I have employed a practice-led methodology in which my design process leads the research, making use of methods of fashion design practice including garment and construction research, fabric and colour research, textile experimentation, drape, patternmaking, and illustration as well as more recent methods such as laser cutting. Interrogating the traditional approaches to garment construction is necessarily a technical process; however fashion design is as much about the aesthetic and desirability of a garment as it is about the garment’s pragmatics or utility. This requires a balance between the technical demands of designing for disassembly with the aesthetic demands of fashion. This led to the selection of luxurious, semi-transparent fabrics in bold floral colours that could be layered to create multiple visual effects, as well as the experimentation with laser cutting for new forms of finishing and fastening the fabrics together. Shrinking Violets makes two contributions to new knowledge in the area of design for sustainability within fashion. The first is in the technical development of apparel modularity through the system of laser cut holes and knots that also become a patterning device. The second contribution lies in the design of a system for users to engage with the garment through its ability to be easily reconstructed into a new form. Research Significance Shrinking Violets was exhibited at the State Library of Queensland’s Asia Pacific Design Library, 1-5 November 2015, as part of The International Association of Societies of Design Research’s (IASDR) biannual design conference. The work was chosen for display by a panel of experts, based on the criteria of design innovation and contribution to new knowledge in design. References Gulich, B. (2006). Designing textile products that are easy to recycle. In Y. Wang (Ed.), Recycling in Textiles (pp. 25-37). London: Woodhead. Hawley, J. M. (2011). Textile recycling options: exploring what could be. In A. Gwilt & T. Rissanen (Eds.), Shaping Sustainable Fashion: Changing the way we make and use clothes (pp. 143 - 155). London: Earthscan. Ruiz, B. (2014). Global Apparel Manufacturing. Retrieved 10 August 2014, from http://clients1.ibisworld.com/reports/gl/industry/default.aspx?entid=470

The Mid-Century Showroom: Knoll, Herman Miller and the Retail Exhibition of Modern American Design

Although occasionally illustrated and referenced in contemporary histories of modern furniture and design, there is surprisingly little critical discussion or consideration of the role of the showroom in the promotion and dissemination of modern design during the mid-twentieth century. In these years, when the American lifestyle was popularly articulated and forcefully propagandized, the furniture showroom served as a principle site of professional and public indoctrination. Appropriating display techniques from modern exhibition design to showcase the American lifestyle as an abstracted, spatially integrated art form, the showroom provided an unencumbered landscape ideally suited to camera’s lens and the public’s imagination. Leading modern American furniture manufacturers, such as Herman Miller and Knoll Associates collaborated with major cultural institutions as well as department stores and retailers to maximize exposure and consumer demand for their products. Through such integrated marketing and merchandising strategies, showrooms also contributed to the broader social project to educate American consumers about modern design and the advantages of modern living. Related to the many model home programs and “good design” exhibitions of the 1950s, the furniture showroom occupies a unique place within the history and discourse of the postwar era. The peculiarities of the furniture showroom and its position as a point of intersection between the trade and the consumer, the commercial and the cultural, and the aesthetic and the ideological form the focus of this study.

The last avant-garde?: Disability arts and (rethinking) mobility

Taking as its starting point a remark by Turner Prize nominee Yinka Shonibare that disability arts is “the last avant garde”, this panel focuses on the role of aesthetic experimentation in disability arts and the possible rethinking of the relationship between avant-garde aesthetic strategies and inclusive arts. Points of connection between the avant-garde and disability arts include a rejection of traditional aesthetic forms, the development of aesthetic strategies appropriate to non-normative bodies, politics and populations and the implications of these ideas for the conference themes. This panel is intended as a facilitated discussion involving researchers and artists undertaking work in this area. The panel will begin with some brief provocations reflecting on the implication of Shonibare’s comment. For example, Gerard Goggin will discuss three projects by Antoni Abad with artists and activists with disability in Barcelona, Geneva and Montreal as part of Abad’s Megaphone project, a decade-long, global digital art project. Bree Hadley will speak on performative interventions in public space, performance art, live art, activism and culture hacking by artists with disabilities, such as pwd's online performances, and artist’s performative responses to the austerity agenda in the US, UK, and Australasia. Eddie, Lachlan and Sarah will discuss ideas arising from their work on the project Beyond Access: The Creative Case for Inclusive Arts, which involved research with six Melbourne-based artists/artistic companies with disability, supported by Arts Access Victoria. Chair: Dr Eddie Paterson (School of Culture and Communication, Faculty of Arts, University of Melbourne) Dr Bree Hadley (Creative Industries, QUT) Professor Gerard Goggin (Professor of Media and Communication and ARC Future Fellow, University of Sydney) Dr Lachlan MacDowall (Head, Centre for Cultural Partnerships, University of Melbourne). Sarah Austin (PhD candidate, Theatre/Centre for Cultural Partnerships, VCA and MCM) Artists (tbc, based on existing relationships with artists developed in the Beyond Access research).

Theatre, networked performance, and notions of ‘democratised’ spectatorship

The potential to cultivate new relationships with spectators has long been cited as a primary motivator for those using digital technologies to construct networked or telematics performances or para-performance encounters in which performers and spectators come together in virtual – or at least virtually augmented – spaces and places. Today, with Web 2.0 technologies such as social media platforms becoming increasingly ubiquitous, and increasingly easy to use, more and more theatre makers are developing digitally mediated relationships with spectators. Sometimes for the purpose of an aesthetic encounter, sometimes for critical encounter, or sometimes as part of an audience politicisation, development or engagement agenda. Sometimes because this is genuinely an interest, and sometimes because spectators or funding bodies expect at least some engagement via Facebook, Twitter or Instagram. In this paper, I examine peculiarities and paradoxes emerging in some of these efforts to engage spectators via networked performance or para-performance encounters. I use examples ranging from theatre, to performance art, to political activism – from ‘cyberformaces’ on Helen Varley Jamieson’s Upstage Avatar Performance Platform, to Wafaa Bilal’s Domestic Tension installation where spectators around the world could use a webcam in a chat room to target him with paintballs while he was in residence in a living room set up in a gallery for a week, as a comment on use of drone technology in war, to Liz Crow’s Bedding Out where she invited people to physically and virtually join her in her bedroom to discuss the impact of an anti-disabled austerity politics emerging in her country, to Dislife’s use of holograms of disabled people popping up in disabled parking spaces when able bodied drivers attempted to pull into them, amongst others. I note the frequency with which these performance practices deploy discourses of democratisation, participation, power and agency to argue that these technologies assist in positioning spectators as co-creators actively engaged in the evolution of a performance (and, in politicised pieces that point to racism, sexism, or ableism, pushing spectators to reflect on their agency in that dramatic or daily-cum-dramatic performance of prejudice). I investigate how a range of issues – from the scenographic challenges in deploying networked technologies for both participant and bystander audiences others have already noted, to the siloisation of aesthetic, critical and audience activation activities on networked technologies, to conventionalised dramaturgies of response informed by power, politics and impression management that play out in online as much as offline performances, to the high personal, social and professional stakes involved in participating in a form where spectators responses are almost always documented, recorded and re-represented to secondary and tertiary sets of spectators via the circulation into new networks social media platforms so readily facilitate – complicate discourses of democratic co-creativity associated with networked performance and para-performance activities.

Dancing into the second phase of creative industries

As we enter the second phase of creative industries there is a shift away from the early 1990s ideology of the arts as a creative content provider for the wealth generating ‘knowledge’ economy to an expanded rhetoric encompassing ‘cultural capital’ and its symbolic value. A renewed focus on culture is examined through a regional scan of creative industries in which social engineering of the arts occurs through policy imperatives driven by ‘profit oriented conceptualisations of culture’ (Hornidge 2011, p. 263) In the push for artists to become ‘culturpreneurs’ a trend has emerged where demand for ‘embedded creatives’ (Cunningham 2013) sees an exodus from arts-based employment through use of transferable skills into areas outside the arts. For those that stay, within the performing arts in particular, employment remains project-based, sporadic, underpaid, self-initiated and often self-financed, requiring adaptive career paths. Artist entrepreneurs must balance creation and performance of their art with increasing amounts of time spent on branding, compliance, fundraising and the logistical and commercial requirements of operating in a CI paradigm. The artists’ key challenge thus becomes one of aligning core creative and aesthetic values with market and business considerations. There is also the perceived threat posed by the ‘prosumer’ phenomenon (Bruns 2008), in which digital on-line products are created and produced by those formerly seen as consumers of art or audiences for art. Despite negative aspects to this scenario, a recent study (Steiner & Schneider 2013) reveals that artists are happier and more satisfied than other workers within and outside the creative industries. A lively hybridisation of creative practice is occurring through mobile and interactive technologies with dynamic connections to social media. Continued growth in arts festivals attracts participation in international and transdisciplinary collaborations, whilst cross-sectoral partnerships provide artists with opportunities beyond a socio-cultural setting into business, health, science and education. This is occurring alongside a renewed engagement with place through the rise of cultural precincts in ‘creative cities’ (Florida 2008, Landry 2000), providing revitalised spaces for artists to gather and work. Finally, a reconsideration of the specialist attributes and transferable skills that artists bring to the creative industries suggests ways to dance through both the challenges and opportunities occasioned by the current complexities of arts’ practices.