Appropriation in the name of art: is a quotation exception the answer?

The Australian Law Reform Commission is at present considering the scope of exceptions to copyright infringement. Its consideration will no doubt be influenced to some degree by the outcome in EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd (2011) 191 FCR 444; (2011) 90 IPR 50 which concerned the quotation of a musical phrase in a later musical work. This article addresses the problem of creative appropriations and the extent to which a quotation exception, consistent with Art 10 of the Berne Convention, should be incorporated into Australian law. In doing so it considers the practical application of such a quotation exception in European jurisdictions (most notably Germany) and suggests the form in which such an exception might be incorporated into Australian law.

Double moves

"The more a practice is mastered, the more fully subjection is achieved. Submission and mastery take place simultaneously, and this paradoxical simultaneity constitutes the ambivalence of subjection" (Butler, 1997, p. 116).

In this paper, this quotation from Judith Butler is used as a framework for an analysis of the construction of the subject within the texts of the Queensland English Syllabus. Dr Honan describes the ways in which the rationalities of the syllabus construct this ambivalent subject position, of a subject who is at one and the same time, required to master the practices of literacy mandated in the syllabus, while becoming subjected to the requirements of these practices. In her recently completed doctoral thesis, Dr Honan found that the Queensland English Syllabus works as a governing mechanism, where "to govern, in this sense, is to structure the possible field of action of others" (Foucault, 1982, p 221). This governing works to construct the 'double' subject Judith Butler refers to who must, necessarily at one and the same time, be master of certain literacy practices, and submit to these practices.

Poetry and public speech: three traces

Poetry is routinely seen as ‘marginal’ to public culture, especially in terms of it having lost its status as a form of public speech. Such a condition is often noted in nostalgic terms, in which a golden era—bardic or journalistic—is evoked to illustrate contemporary poetry’s lack. But traces of poetry’s instrumentality, especially as a form of public speech, can be found in various extra-poetic contexts.

In this article, three examples of poetry operating in ‘extra-poetic contexts’ will illustrate the different, sometimes troubling, ways in which traces of poetry as a mode of public speech can be observed in contemporary culture: the poem-cartoons of Michael Leunig; the role of the poet Les Murray in the drafting of a proposed preamble to the Constitution of Australia; and the quotation of William Ernest Henley’s ‘Invictus’ as the final statement of Timothy McVeigh (the ‘Ohio Bomber’) prior to his execution.

These examples illustrate that poetry-as-public-speech engages with political discourse in diverse, incommensurate ways. Leunig’s occasional cartoon-poems, appearing in the metropolitan press, are examples of poetry at its most public and politically engaged state. And yet, even Leunig’s most ‘political’ work gestures towards a realm beyond politics, where the poetic, the comic, and the existential coexist as a way of making life in the political realm more bearable. Les Murray’s role as a ‘national’ poet in the failed attempt to introduce a preamble to the Australian Constitution illustrates the vestigial role that poets can play in nation building. Lastly, McVeigh’s quotation of Henley, made without any explanation, shows the unpredictable and potentially volatile condition of poetry-as-public-speech. In addition, the examples variously engage in arguments about the relationship between the individual and the state, private identity and national history.

Poetry, terrorism, and the uncanny : “Timothy McVeigh’s ‘invictus’”

While Timothy McVeigh—the Oklahoma City Bomber—made no verbal statement before being executed in 2001, he did offer as his ‘final written statement’ a poem (without attribution): W.E. Henley’s ‘Invictus’. This paper offers a reading of this text as ‘Timothy McVeigh’s “Invictus”’, a limit case for our understanding of poetry, quotation, and the relationship between literary and non-literary discourses. The paper will demonstrate how McVeigh’s enigmatic act of appropriation produces a poetry of the uncanny, so that categories such as ‘poet’ and ‘terrorist’ become disquietingly porous. It will also demonstrate how ‘Timothy McVeigh’s “Invictus”’ offers unexpected insights into some basic concerns of contemporary literary theory, especially with regard to quotation, obscurity, and poetic address. Lastly, it will show how ‘Timothy McVeigh’s “Invictus”’ illustrates the unpredictable ways that a supposedly marginal cultural practice—poetry—can act in times of crisis.

Learn from yesterday, live for today, hope for tomorrow : attempting to plan for coastal change in South West Victoria

Learn from yesterday, live for today hope for tomorrow. When Albert Einstein penned these opening words, the realm of planning was least on his mind despite the aptness of the thoughts. This paper, having regard to this quotation, questions whether demographic change in one coastal area is occurring at a faster rate than in non–coastal areas? The South West coastal area of Victoria, from 1981 onwards, has witnessed a dramatic increase in population and also major shifts in the social and economic characteristics of the region. What have been the historic demographic and employment characteristics of the area and has there been a shift in these characteristics leading to the rapid population growth? These questions are considered using the City of Warrnambool, the largest urban centre in South West Victoria, as a study vehicle. The impact of a growing population on the municipal landscape can be demanding in terms of land use planning, land supply and the urban design. This paper will review the population growth using a shift share analysis method compared against overall growth patterns in the Victorian state population and Australia overall. It will then examine government population forecasts for the City of Warrnambool and suggest those impacts upon the current City of Warrnambool landscape.

The literary dawn: re-reading Louisa Lawson's poetry and politics

Scholarship on Louisa Lawson and the Dawn has necessarily often focussed on the important and wide-ranging achievements of her feminist work for women's legal, social and political rights. Indeed, as Audrey Oldfield notes, "Louisa Lawson was one of the most important figures in the New South Wales woman suffrage movement" (261). However, I want to focus here on the periodical publishing context of the Dawn as a means of pointing to further discussions of Lawson's significance as a poet. Megan Roughley has noted that the Dawn "was a forum for political causes, especially the movement for the emancipation and enfranchisement of women, and, as importantly to Louisa, the temperance movement" (ix), with influential articles appearing on a wide range of important issues including divorce reform. Yet, Lawson's construction of the Dawn was also highly literary from its first issue, with editorial choices and literary references reflecting her awareness of political and feminist literary culture. In addition to references such as the above quotation from Tennyson, Lawson included an epigraph from Joseph Addison's play Cato in the list of contents: "A day, an hour, in virtuous liberty, is worth a whole eternity in bondage." Citing Addison, a significant figure in the American Revolution, demonstrates Lawson's linking of radical class politics with feminism, as well as highlighting the importance of literary dialogues to Lawson's publishing work. Likewise, the concerns of Lawson's poetry are clearly situated within a continuing female tradition, and Lawson's poetry, when examined in the feminist literary context of the Dawn, reveals a radical and sophisticated poetics.