The Pirate Bazaar: The Social Life of Copyright Law

This thesis provides a cultural history of Australian copyright law and related artistic controversies. It examines a number of disputes over authorship, collaboration, and appropriation across a variety of cultural fields. It considers legal controversies over the plagiarism of texts, the defacing of paintings, the sampling of musical works, the ownership of plays, the co-operation between film-makers, the sharing of MP3 files on the Internet, and the appropriation of Indigenous culture. Such narratives and stories relate to a broad range of works and subject matter that are protected by copyright law. This study offers an archive of oral histories and narratives of artistic creators about copyright law. It is founded upon interviews with creative artists and activists who have been involved in copyright litigation and policy disputes. This dialogical research provides an insight into the material and social effects of copyright law. This thesis concludes that copyright law is not just a ‘creature of statute’, but it is also a social and imaginative construct. In the lived experience of the law, questions of aesthetics and ethics are extremely important. Industry agreements are quite influential. Contracts play an important part in the operation of copyright law. The media profile of personalities involved in litigation and policy debates is pertinent. This thesis claims that copyright law can be explained by a mix of social factors such as ethical standards, legal regulations, market forces, and computer code. It can also be understood in terms of the personal stories and narratives that people tell about litigation and copyright law reform. Table of Contents Prologue 1 Introduction A Creature of Statute: Copyright Law and Legal Formalism 6 Chapter One The Demidenko Affair: Copyright Law and Literary Works 33 Chapter Two Daubism: Copyright Law and Artistic Works 67 Chapter Three The ABCs of Anarchism: Copyright Law and Musical Works 105 Chapter Four Heretic: Copyright Law and Dramatic Works 146 Chapter Five Shine: Copyright Law and Film 186 Chapter Six Napster: Infinite Digital Jukebox or Pirate Bazaar? Copyright Law and Digital Works 232 Chapter Seven Bangarra Dance Theatre: Copyright Law and Indigenous Culture 275 Chapter Eight The Cathedral and the Bazaar: The Future of Copyright Law 319

Evaluation of Australian Performing Arts Market 2014-2018: APAM inter-year report 2015

In the awarding of the tender for APAM by the Australia Council to Brisbane Powerhouse for the delivery of the market in 2014-2018, a requirement is that a formal evaluation of the three iterations of APAM be undertaken by the Queensland University of Technology, Creative Industries Faculty, under the leadership of Associate Professor Sandra Gattenhof. The agreed research model delivers reporting on outcomes not only in the year in which APAM is delivered (2014, 2016, 2018) but also in the years between (2015, 2017). This inter-year report focuses on the domestic and international touring outcomes resulting from engagement in the 2014 Market and responds two of the three key research foci for the evaluation that are articulated in the Brisbane Powerhouse Tender (2011) document as: • Evaluation of international market development outcomes through showcasing work to targeted international presenters and agents • Evaluation of national market development outcomes through showcasing work to national presenters and producers. The reporting for mid-year 2015, a non-APAM year, collects data from two key sources – six identified case study productions that have been tracked for eighteen months, and an online survey delivered to all APAM 2014 delegates. This inter-year report is a six month follow-up with delegates and identified case studies companies that track the ongoing progress of market outcomes and levers for ongoing improvement of the APAM delivery model that was tabled in the Year One Report delivered to Brisbane Powerhouse in October 2014.

Sing for Fukushima

The Fukushima Response Bay Area (FRBA) in collaboration with the Berkeley Fellowship of Unitarian Universalists (BFUU) Poetry Committee and the BFUU Social Justice Committee developed the Fukushima Poetry Anthology project to highlight the ongoing disaster at Fukushima Daiichi, Japan. All works in the Anthology are in response to the nuclear disaster in Fukushima and the ongoing impacts, including this work. Japanese anti-nuclear protest songs first surfaced in the 1980s after the Chernobyl disaster. Since this time there have been numerous anti-nuclear songs, with some still being produced. Research was required to search for such songs along with understanding who sang them. A process of listening to the songs, reading the English sub-titles and sharing the music with others took place. The most popular in the sharing being the song titled You Can't See It, And You Can't Smell It Either by Rankin & Dub Ainu Band (2011).This song and others, includes a mixture of music styles from pop, punk, rap, rock, storytelling, dance hall reggae and traditional Indigenous Japanese music (Tonkori, Ainu). You Can't See It, And You Can't Smell It Either is a catchy song with a rhythmic beat that remains in one’s head long after the song has finished. This music and the people who sang it became the basis for this poem that attempts to capture the style and backgrounds of protest songs within one creative work. It is hoped that the work encourages people to continue singing for Fukushima.

Narrative as a tool for critical reflective practice in the creative industries

This paper explores the efficacy of narrative in reflective practice across a range of creative disciplines. As practitioners within the creative industries the authors internalise experience and re-contextualise it as stories, designs, music videos, fiction and non-fiction films and dance. They are uniquely placed to examine narrative in critical reflection through the prism of their creative practice and in so doing offer insights into reconceptualising professional practice. The authors demonstrate how engagement with and reflection on and in their stories enables wider reflection. Their purpose in reflection is not just to learn from mistakes but to develop an epistemology of practice that enables them to apply rigorous academic inquiry to articulate their tacit professional knowledge and establish new methods for dealing with uncertainty in creative practice research.

Pack

Inspiration for this work came from my recent experience of living in Beijing, China. Having a massive population of over 21 million people, one cannot feel but just another number within the crowd of this hectic megalopolis. Society is conditioned to obey, to conform, with some cultures being more hard lined with their citizens than others. However, there is a desire within each of us to have freedom of expression… to project an identity, to be an individual… nevertheless a desire not to be different… to follow trends and fads… a desire to fit in and connect. Within the pack there is also the outcast… the one who is different… the one who does not fit in. Pack has been created to be absorbed and interpreted openly by each individual. Driven by repetition and cycles, I have used this choreographic approach as a metaphor for the daily routine inherent in one’s life.

Agenda-Setting Revisited: Social Media and Sourcing in Mainstream Journalism

In political journalism, the battle over agenda-setting between journalists and their sources has been described using many metaphors and concepts. Herbert Gans saw it as a dance where the two parties competed for leadership, arguing that sources usually got the lead. We address the question of how social media, in particular Twitter, contribute to media agenda-building and agenda-setting by looking at how tweets are sourced in election campaign coverage in Australia, Norway and Sweden. Our findings show that the popularity of elite political sources is a common characteristic across all countries and media. Sourcing from Twitter reinforces the power of the political elites to set the agenda of the news media – they are indeed “still leading the dance”. Twitter content travels to the news media as opinions, comments, announcements, factual statements, and photos. Still, there are variations that must be explained both by reference to different political and cultural characteristics of the three countries, as well as by the available resources and journalistic profiles of each media outlet.

Evoking poetics of memory through performing site: Naik Naik, a Malaysian Australian collaboration in the world heritage setting of Melaka

Memory, time and metaphor are central triggers for artists in exploring and shaping their creative work. This paper examines the place of artists as ‘memory-keepers’, and ‘memory-makers’, in particular through engagement with the time-based art of site-specific performance. Naik Naik (Ascent) was a multi-site performance project in the historic setting of Melaka, Malaysia, and is partially recaptured through the presence and voices of its collaborating artists. Distilled from moments recalled, this paper seeks to uncover the poetics of memory to emerge from the project; one steeped in metaphor rather than narrative. It elicits some of the complex and interdependent layers of experience revealed by the artists in Naik Naik; cultural, ancestral, historical, personal, instinctual and embodied memories connected to sound, smell, touch, sensation and light, in a spatiotemporal context for which site is the catalyst. The liminal nature of memory at the heart of Naik Naik, provides a shared experience of past and present and future, performatively interwoven.

Editorial of "International Journal of Critical Indigenous Studies Volume 2, Number 1, 2009"

Over the past two decades neo liberalism has shaped global economic activity. The international reach of the current economic crisis propelled by the subprime mortgage meltdown in the United States has affected Indigenous communities in different ways to those whose investments were depleted by the Wall Street activities of an unregulated corporate and banking sector. Throughout this roller coaster economic ride the low socio-economic position of Indigenous peoples continued in Canada, the United States of America, New Zealand, Hawaii and Australia. The logic, or illogic of capital, failed to extend the boom of the economic upturn to Indigenous peoples, but is poised to extend the repercussions of the current downturn deep into Indigenous lives. The consistency of the Indigenous socio-economic position across these countries, even where treaties exist, indicates that the phenomenon is based on a shared Indigenous reality. In this special edition, the commonality in the way in which Indigenous people are engaged in and positioned by market forces and regulation by their respective nation states is proposed as one of the foundation plates of that Indigenous positioning...

'Insider-other': spectator-dancer relationships fostered through open rehearsals

This thesis addresses audience engagement challenges during professional mainstream ballet and contemporary dance company performances by examining spectator-dancer relationships. Focusing on the open rehearsal as an audience engagement tool, this project presents a new line of enquiry in dance reception studies. The findings signify that open rehearsal attendance can contribute to more meaningful and enjoyable performance experiences for audience members by opening up the possibility of different relationships with dancers.

A role to play: Investigating concepts of masculinity in Australia through theatre

Health professionals, academics, social commentators and the media are increasingly sending the same message – Australian men are in crisis. This message has been supported by documented rises in alcoholism, violence, depression, suicide and crime amongst men in Australia. A major cause of this crisis, it can be argued, is an over-reliance on the out-dated and limited model of hegemonic masculinity that all men are encouraged to imitate in their own behaviour. This paper, as part of a larger study, explores representations of masculinity in selected works of contemporary Australian theatre in order to investigate the concept of hegemonic masculinity and any influence it may have on the perceived ‘crisis of masculinity’. Theatre is but one of the artistic modes that can be used to investigate masculinity and issues associated with identity. The Australia Council for the Arts recognises theatre, along with literature, dance, film, television, inter-arts, music and visual arts, as critical to the understanding and expression of Australian culture and identity. Theatre has been chosen in this instance because of the opportunities available to this study for direct access to specific theatre performances and creators and, also, because of the researcher’s experience, as a theatre director, with the dramatic arts. Through interviews with writers, directors and actors, combined with the analysis of scripts, academic writings, reviews, articles, programmes, play rehearsals and workshops, this research utilises theatre as a medium to explore masculinity in Australia.

(Re)presenting Masculinity: A theatre director's critical observations of, and theatrical experimentation with, (re)presentations of masculinity in selected works of contemporary Australian theatre

Health professionals, academics, social commentators and the media are increasingly sending the same message – Australian men are in crisis. This message has been supported by documented rises in alcoholism, violence, depression, suicide and crime amongst men in Australia. A major cause of this crisis, it can be argued, is an over-reliance on the out-dated and limited model of hegemonic masculinity that all men are encouraged to imitate in their own behaviour. This paper, as part of a larger study, explores representations of masculinity in selected works of contemporary Australian theatre in order to investigate the concept of hegemonic masculinity and any influence it may have on the perceived ‘crisis of masculinity’. Theatre is but one of the artistic modes that can be used to investigate masculinity and issues associated with identity. The Australia Council for the Arts recognises theatre, along with literature, dance, film, television, inter-arts, music and visual arts, as critical to the understanding and expression of Australian culture and identity. Theatre has been chosen in this instance because of the opportunities available to this study for direct access to specific theatre performances and creators and, also, because of the researcher’s experience, as a theatre director, with the dramatic arts. Through interviews with writers, directors and actors, combined with the analysis of scripts, academic writings, reviews, articles, programmes, play rehearsals and workshops, this research utilises theatre as a medium to explore masculinity in Australia.

Legacies of War--[Ten percent terror]

Ten Percent Terror brings together leading creatives from the fields of contemporary theatre, contemporary dance, music theatre, circus and digital arts in the first collaboration of its kind. Commissioned by Brisbane Powerhouse, with support from the Anzac Centenary Arts and Culture Fund and in partnership with Dancenorth and Company 2, this is an inter-disciplinary work that combines theatrical narrative with eloquent physicality, through circus and dance, to express certain truths of the soldiers' experience. This production will be a circus-narrative that uses the form and language of circus to express the key themes of risk, panic and brotherhood. Ten Percent Terror is intended to be a work of scale, yet also intimacy: of stillness and panic, inertia and chaos. Project partners, Dancenorth and Company 2, share the vision to use contemporary artistic disciplines to connect younger and modern audiences to the ANZAC legacy, perhaps offering a connection for those audiences that they may not find through more traditional art forms. The development process has included a community research project in Townsville, conducted by Shane Pike, which explored contemporary Australians’ stories through interviews with serving military personnel and the local community, as well as collecting photographic documentation and other artefacts from around Townsville. This was followed by an archival research project in Brisbane, where Pike reviewed letters, photographs and personal accounts of soldiers from WW1. The results of these projects will be used by the creative team to inform the development of Ten Percent Terror. Given Townsville’s reputation as Australia’s ‘garrison’ city, the project partners plan to deliver the world premiere performance of Ten Percent Terror in Townsville in late 2015. It is intended that Ten Percent Terror will receive its Brisbane premiere in November 2015 at Brisbane Powerhouse, as part of a four-performance season. This expert panel included discussion of the project and its place in analysing key aspects of Australia's wartime history.

Creative Arts in Counselling and Mental Health

Drawing on evidence-based discoveries in neuroscience, narrative psychology and creativity theory, this text explores the beneficial role of expressive arts within a recovery perspective. A framework of practice principles for the visual arts, creative writing, music, drama, dance, and digital storytelling is addressed across a number of settings and populations, providing readers with an accessible overview of theory and techniques relevant to counselling programs in the United States, Australia and the United Kingdom.