Where the bloody hell does parody fit in Australian copyright law?

This article examines the role of the recently introduced fair dealing exception for the purposes of parody and satire in Australian copyright law. Parody and satire, while central to Australian expression, pose a substantial challenge for copyright policy. The law is asked to strike a delicate balance between an author’s right to exploit their work, the interests of the public in stimulating free speech and critical discussion, the rights of artists who rely on existing material in creating their own expression, and the rights of all artists in their reputation and the integrity of their works. This article highlights the difficulty parodists and satirists have historically faced in Australia and examines the potential of the new fair dealing exceptions to relieve this difficulty. This article concludes that the new exceptions have the potential, if read broadly, not only to bridge the gap between humorous and non-humorous criticism, but also to allow for the use of copyright material to critique figures other than the copyright owner or author, extending to society generally. This article will argue that the new exceptions should be read broadly to further this important policy goal while also being limited in their application so as to prevent mere substitutable uses of copyright material. To achieve these twin goals, I suggest that the primary indication of fairness of an unlicensed parody should be whether or not it adds significant new expression so as not to be substitutable for the original work.

All Anglos are alike? A study of whinging Poms and bloody-minded Aussies

Cross-cultural service research is an important topic with a rich array of empirical evidence for differences in customer perceptions, attitudes and behaviours. However, the extant literature is almost exclusively focused on differences between cultures at each end of the diversity spectrum (most commonly East vs. West). Contemporary researchers have observed that existing studies fail to acknowledge the substantially greater levels of intra-cluster variation that exist. A cultural cluster is a group of countries that reflect values, attitudes and beliefs stemming from a common cultural ancestry. This seems surprising given the anecdotal evidence and stereotypes that are portrayed in popular culture, media and art. One area where intra-cluster variation may be evident is consumer complaint behaviour and in particular within the Anglo-cultural cluster in countries. A cultural cluster is a group of countries that reflect values, attitudes and beliefs stemming from a common cultural ancestry. The aim of this study is therefore to explore and elucidate the nature of differences in consumer complaint behaviour between cultures traditionally conceived and operationalised as identical. This study presents a qualitative study of 60 in-depth interviews with consumers in the United Kingdom and Australia and identifies differences in complaining styles, parental influence and the conceptualisation of complaining.

Awakening the spirit : telling the stories

Stephen Page talking with Cheryl Stock Stephen Page is one of the most significant dance artists working in Australia today, unique in his ability to forge and sustain a company of Indigenous artists through his seminal leadership of Bangarra Dance Theatre, which celebrated its 20 year anniversary in 2009. Together with the many artists who have contributed to the Bangarra vision, Stephen has created a distinctive contemporary Indigenous dance style and approach, celebrated for the stories it tells of the Aboriginal and Torres Strait Islander experience. Fusing the traditional with the contemporary through a connection to the spirit of the land and its people, Stephen has inspired and influenced a generation of Aboriginal and Torres Strait Islander dance and theatre artists as a choreographer, director and mentor. His down to earth humour, his passion and his sensitivity draw us as audience, Indigenous and non-Indigenous alike, to his theatrical stories of place and spirit – both ancient and modern – in ways that simultaneously transcend and reaffirm the particular cultural experience which informs them. This conversation covers the early years of growing up with his 'urban clan', discovering dance and politics and his spiritual awakening at Yirrkala. Stephen then describes moving in and out of different realities as a member of Sydney Dance Company whilst simultaneously exploring his Indigenous dance voice, the transition from dancer to choreographer, creating the Bangarra identity and the intercultural experiment of 'Rites' with the Australian Ballet. The last section looks at his various roles as an artistic director and nurturing the next generation of Indigenous artists.

Buy, boycott or blog : exploring online consumer power to share, discuss and distribute controversial advertising messages

The availability of new media as a universal communication tool has an impact on the power of the general public to comment on a variety of issues. This paper examines this increase in consumer power with respect to bloggers. The research context is controversial advertising, and specifically Tourism Australia’s “Where the bloody hell are you?” campaign. By utilising Denegri-Knott’s (2006) four on-line power strategies, a content analysis of weblogs reveals that consumers are distributing information, opinion and even banned advertising material, thereby forming power hubs of like-minded people, with the potential to become online pressure groups. The consequences and implications of this augmented power on regulators, advertisers and bloggers are explored. The findings contribute to the understanding of blogs as a new communication platform and bloggers as a new demographic of activists in the process of advertising.

Portrait of the artist as a feminist, practice-led researcher

Becoming a researcher, like any process of cultural initiation, is a complicated negotiation of processes and identity. While it is tempting to imagine that a researcher is just 'one who researches', the reality is far more complex and can be thought of as a journey rather than a sudden change of role. In practice-led research there is often a final and difficult assessment that needs to be made of that journey, and this requires the collation and integration of seemingly schizophrenic elements into one coherent body of findings. This paper attempts to outline the underlying “system of methods used in a particular area of study or activity” that have defined my research journey. It discusses the various elements that have informed and directed this enquiry, which include, but are not limited to: practice-led research, reflexivity, and post/academic writing, all underpinned by a feminist approach.

Reflections from damaged modernity

The cliché about modern architecture being the fairy-tale fulfillment of every fantasy ceases to be a cliché only when it is accompanied by the fairy tale’s moral: that the fulfillment of the wishes rarely engenders goodness in the one doing the wishing (Adorno). Wishing for the right things in architecture and the city is the most difficult art of all: since the grim childhood-tales of the twentieth century we have been weaned from dreams and utopias, the stuff of modernism’s bad conscience. For Adorno writing in 1953, Hollywood cinema was a medium of “regression” based on infantile wish fulfillment manufactured by the industrial repetition (mimesis) of the filmic image that he called a modern “hieroglyphics,” like the archaic language of pictures in Ancient Egypt which guaranteed immortality after death in Egyptian burial rites. Arguably, today the iconic architecture industry is the executor of archaic images of modernity linked to rituals of death, promises of omnipotence and immortality. As I will argue in this symposium, such buildings are not a reflection of external ‘reality,’ but regression to an internal architectural polemic that secretly carries out the rituals of modernism’s death and seeks to make good on the liabilities of architectural history.

Claiming the moral high ground in the copyright wars

Copyright was once one of the more obscure areas of law. It applied primarily to resolve disputes between rival publishers, and there was a time, not too long ago, when ordinary people gave it no thought. Copyright disputes were like subatomic particles: everyone knew that they existed, but nobody had ever seen one. In the digital age, however, copyright has become a heated, passionate, bloody battleground. The 'copyright wars' now pitch readers against authors, pirates against publishers, and content owners against communications providers. Everyone has heard a movie producer decry the rampant infringement of streaming sites, or a music executive suggest that BitTorrent is the end of civilisation as we know it. But everyone infringes copyright on an almost constant basis - streaming amateur videos with a soundtrack that isn't quite licensed, filesharing mp3s, copying LOLcat pictures from Facebook, posting pictures on Pinterest without permission, and so on - and most know full well they're in breach of the law.

Terra Incognita: A symbolic mythical journey

This practice-led project is implemented in the context of rites of passage based on significant events in formative transitions of Self. It employs an intuitive methodology to examine and explore the 'Child archetype', mythos, symbolic imagination and self-narrative, through the manifestation of a visual symbolic language. The contexts, methods and processes enable empowerment, heightened awareness of personal and collective relationships, meaningful discovery and development of innovative ideas and forms. The implications for this project highlight the importance of intuition in creativity and innovation. Creative practice is a vehicle for personal and collective interconnectedness. I have discovered self-empowerment, meaningful learning and innovative forms of personal and collective communication as a way of enabling transition of a significant life event.

Reflections on damaged modernity: Lessons from the iconic architecture industry

For Adorno writing in 1953, Hollywood cinema was a medium of “regression” based on infantile wish fulfillment manufactured by the industrial repetition of the filmic image that he called a modern “hieroglyphics”—like the archaic language of pictures in Ancient Egypt, which guaranteed immortality after death in Egyptian burial rites. From that 1953 essay Prolog zum Fernsehen to Das Schema der Massenkultur in 1981, Adorno likened film frames to cultural ideograms: What he called the filmic “language of images” (Bildersprache) constituted a Hieroglyphenschrift that visualised forbidden sexual impulses and ideations of death and domination in the unconscious of the mass spectator. In his famous passage he writes, “As image, the image-writing (Bilderschrift) is a medium of regression, where the producer and consumer coincide; as writing, film resurrects the archaic images of modernity.” In other words, cinema takes the spectator on a journey into his unconscious in order to control him from within. It works, because the spectator begins to believe the film is speaking to him in his very own image-language (the unconscious), making him do and buy whatever capitalism demands. Modernity for Adorno is precisely the instrumentalisation of the collective unconscious through the mediatic images of the culture industry.

from "The Roving Party"

They walked down through a dry creek bed lined with swamp gums grown so close together they appeared as one living whole. The men passed around these trees in single file, among sun shafts which pierced the canopy but threw no light upon their faces nor warmed their bones. In the gloom the air was thick with flies and the mushrooms grew like the sightless larvae of some queer and unnamed vermin. Before long they found themselves among a stand of trees which had been stripped of their bark for windbreaks. The naked trunks were carved over with bisected circles, detailings of the moon and sun, images of snakes and roo. The Parramatta men gazed at the finely wrought icons but John Batman found more to hold his attention. Pressed onto the flesh of the tree was a bloody handprint. Batman removed his hat and crouched to examine the ground and Black Bill joined him. One injured man had passed this way...