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.

How does ‘Newstainment’ actually work? : ethnographic research methods and contemporary popular news

Much debate has taken place recently over the potential for entertainment genres and unorthodox forms of news to provide legitimate – indeed democratized – in-roads into the public sphere. Amidst these discussions, however, little thought has been paid to the audiences for programs of this sort, and (even when viewers are considered) the research can too easily treat audiences in homogenous terms and therefore replicate the very dichotomies these television shows directly challenge. This paper is a critical reflection on an audience study into the Australian morning “newstainment” program Sunrise. After examining the show and exploring how it is ‘used’ as a news source, this paper will promote the use of ethnographic study to better conceptualize how citizens integrate and connect the increasingly fragmented and multifarious forms of postmodern political communication available in their everyday lives.

Digital scholarship and pedagogy, the next step : cultural science.

There are two aspects to the problem of digital scholarship and pedagogy. One is to do with scholarship; the other with pedagogy. In scholarship, the association of knowledge with its printed form remains dominant. In pedagogy, the desire to abandon print for ‘new’ media is urgent, at least in some parts of the academy. Film and media studies are thus at the intersection of opposing forces – pulling the field ‘back’ to print and ‘forward’ to digital media. These tensions may be especially painful in a field whose own object of study is another form of communication, neither print nor digital but broadcast. Although print has been overtaken in the popular marketplace by audio-visual forms, this was never achieved in the domain of scholarship. Even when it is digitally distributed, the output of research is still a ‘paper.’ But meanwhile, in the realm of teaching, production- and practice-based pedagogy has become firmly established. Nevertheless a disjunction remains, between high-end scholarship in research universities and vocational training in teaching institutions; but neither is well equipped to deal with the digital challenge.

At breaking point? Challenges for Australian film policy through the lens of genre (horror) films

Cultural policy settings attempting to foster the growth and development of the Australian feature film industry in era of globalisation are coming under increasing pressure. Global forces and emerging production and distribution models are challenging the “narrowness” of cultural policy – mandating a particular film culture, circumscribing certain notions of value and limiting the variety of films produced through cultural policy driven subvention models. Australian horror film production is an important case study. Horror films are a production strategy well suited to the financial limitations of the Australian film industry with competitive advantages for producers against international competitors. However, emerging within a “national” cinema driven by public subsidy and social/cultural objectives, horror films – internationally oriented with a low-culture status – have been severely marginalised within public funding environments. This paper introduces Australian horror film production, and examines the limitations of cultural policy, and the impacts of these questions for the Producer Offset.

Fear, trust and Aborigines : The historical experience of state institutions and current encounters in the health system

Troubled dynamics between residents of an Aboriginal town in Queensland and the local health system were established during colonisation and consolidated during those periods of Australian history where the policies of 'protection' (segregation), integration and then assimilation held sway. The status of Aboriginal health is, in part, related to interactions between the residents' current and historical experiences of the health and criminal justice systems as together these agencies used medical and moral policing to legitimate dispossession, marginalisation, institutionalisation and control of the residents. The punitive regulations and ethnocentric strategies used by these institutions are within the living memory of many of the residents or in the published accounts of preceding generations. This paper explores current residents' memories and experiences.

Of tails and Tempests : Feminine sexuality and Shakespearean children's texts

This paper reads a range of nineteenth-century texts for children that retell either Shakespeare's The Tempest or mermaid narratives, considering the models of feminine subjectivity and sexuality that they construct. It then moves on to two key contemporary texts — Disney's film adaptation of The Little Mermaid (Clements and Musker 1989) and Penni Russon's Undine (2004) — that combine the Shakespearean heroine with the mermaid, and reads them against the nineteenth-century models. Ultimately, the essay determines that, while these texts seem to perform a progressive appropriation of the two traditions, they actually combine the most conservative aspects of both The Tempest and mermaid stories to produce authoritative (and dangerously persuasive) ideals of passive feminine sexuality that confine girls within patriarchally-dictated familial positions. The new figure for adolescent female subjectivity, the mermaid-Miranda, becomes in turn a model of identification and aspiration for the implied juvenile consumer.

The user-led disruption : self-(re)broadcasting at Justin.tv and elsewhere

The rise of videosharing and self-(re)broadcasting Web services is posing new threats to a television industry already struggling with the impact of filesharing networks. This paper outlines these threats, focussing especially on the DIY re-broadcasting of live sports using Websites such as Justin.tv and a range of streaming media networks built on peer-to-peer filesharing technology.

Recent Italian cinema : spaces, contexts, experiences

The book is an in-depth view of recent Italian cinema - bringing an interdisciplinary knowledge to the study of a complex cinema industry. The book aims to address a number of questions about Italian cinema of the last twenty years, bringing interdisciplinary knowledge to a cinema that eschews traditional definitions and categories, and challenges critical assumption about a film industry that is struggling to find a new direction. In doing so, Recent Italian Cinema offers a transverse analysis of the Italian cinema industry in its dealings with national and international production, and of the themes and issues that have emerged in films produced during the period 1980-2006.

Television’s greatest hits : compiling a television studies canon

You’ve got a thirteen week course to take students through the most important programs in television history. The programs should be the most popular, the most successful, the most important, giving students a sense of what audiences like, what is possible in the medium, and what counts more generally as a successful television program. The course is based around screenings of the programs. Which programs are you going to choose?

Is Doctor Who Australian?

As part of an ARC Discovery project to write a history of Australian television from the point of view of audiences, I looked for Australian television fan communities. It transpired that the most productive communities exist around imported programming like the BBC’s Doctor Who. This program is an Australian television institution – and I was thus interested in finding out whether it should be included in an audience-centred history of Australian television. Research in archives of fan materials showed that the program has been made distinctively Australian through censorship and scheduling practices. There are uniquely Australian social practices built around it. Also, its very Britishness has become part of its being – in a sense - Australian. Through all of this, there is a clear awareness that this Australian institution originates somewhere else – that for these fans Australia is always secondary, relying on other countries to produce its myths for it, no matter how much it might reshape them.

Networks in the shadow of markets and hierarchies : calling the shots in the visual effects industry

The nature and organisation of creative industries and the creative economy has received increased attention in recent academic and policy literatures (Florida 2002; Grabher 2002; Scott 2006a). Constituted as one variant on new economy narratives, creativity, alongside knowledge, has been presented as a key competitive asset, Such industries – ranging from advertising, to film and new media – are seen as not merely expanding their scale and scope, but as leading edge proponents of a more general trend towards new forms of organization and economic coordination (Davis and Scase 2000). The idea of network forms (and the consequent displacement of markets and hierarchies) has been at the heart of attempts to differentiate the field economically and spatially. Across both the discussion of production models and work/employment relations is the assertion of the enhanced importance of trust and non-market relations in coordinating structures and practices. This reflects an influential view in sociological, management, geography and other literatures that social life is ‘intrinsically networked’ (Sunley 2008: 12) and that we can confidently use the term ‘network society’ to describe contemporary structures and practices (Castells 1996). Our paper is sceptical of the conceptual and empirical foundations of such arguments. We draw on a number of theoretical resources, including institutional theory, global value chain analysis and labour process theory (see Smith and McKinlay 2009) to explore how a more realistic and grounded analysis of the nature of and limits to networks can be articulated. Given space constraints, we cannot address all the dimensions of network arguments or evidence. Our focus is on inter and intra-firm relations and draws on research into a particular creative industry – visual effects – that is a relatively new though increasingly important global production network. Through this examination a different model of the creative industries and creative work emerges – one in which market rules and patterns of hierarchical interaction structure the behaviour of economic actors and remain a central focus of analysis. The next section outlines and unpacks in more detail arguments concerning the role and significance of networks, markets and hierarchies in production models and work organisation in creative industries and the ‘creative economy’.

Framing Culture : Criticism and Policy in Australia

How is contemporary culture 'framed' - understood, promoted, dissected and defended - in the new approaches being employed in university education today? How do these approaches compare with those seen in the public policy process? What are the implications of these differences for future directions in theory, education, activism and policy? Framing Culture looks at cultural and media studies, which are rapidly growing fields through which students are introduced to contemporary cultural industries such as television, film and video. It compares these approaches with those used to frame public policy and finds a striking lack of correspondence between them. Issues such as Australian content on commercial television and in advertising, new technologies and new media, and violence in the media all highlight the gap between contemporary cultural theories and the way culture and communications are debated in public policy. The reasons for this gap must be investigated before closer relations can be established. Framing Culture brings together cultural studies and policy studies in a lively and innovative way. It suggests avenues for cultural activism that have been neglected in cultural theory and practice, and it will provoke debates which are long overdue.

Orchids : intersex and identity in documentary

Orchids: Intersex and Identity in Documentary explores the creative practice challenges of working with bodies with intersex in the long-form auto/biographical documentary Orchids. Just as creative practice research challenges the dominant hegemony of quantitative and qualitative research, so does my creative work position itself as a nuanced piece, pushing the boundaries of traditional cultural studies theories, documentary film practice and creative practice method, through its distinctive distillation and celebration of a new form of discursive rupturing, the intersex voice.

A new day breaks for the Aussie film industry

The Australian film industry is evolving. The days when government film agencies handed out millions of taxpayers' dollars for filmmakers to produce "Australian stories" with little regard to commercial returns are limited. If the Australian film industry is to reach mainstream audiences – and increase its relevance – then filmmakers need to take greater notice of genre movies and the possibilities they create within the financial restraints of the local industry. The $20 million Aussie vampire movie, Daybreakers, is a prototype for how this can be achieved.