Creative Commons Australia and Organization for Transformative Works submission to the Australian Government’s online copyright infringement discussion paper

This submission focuses on the adverse effects that the Government’s proposals are likely to have on the legitimate use of copyright works. Copyright exists to support the production of new expression. Because new expression always builds on existing culture, any extension of copyright protection necessarily also increases the costs of creative expression. As a threshold matter, we do not believe that these further increases to the force of copyright law are justified. In recent years, the balance at the heart of copyright law has tipped too far in the direction of established producers and distributors, and now imposes unnecessary costs on ordinary creators. The available evidence does not support a further increase in the penalties and enforcement mechanisms available under copyright law.

The use of creative activities in dementia in residential aged care facilities in Australia : a cross-sectional study

This thesis provides the first inquiry into the use of creative activities in dementia care in residential aged care facilities in Australia. The study used descriptive method design, incorporating a mix of quantitative and qualitative approaches to explore the incidence and the characteristics of these activities from the carers' perspective. Information about the use of creative activities and the appreciation of these activities by residents and carers is essential to the provision of dementia care and treatment to improve the quality of life of people with dementia.

Working on the edge : Exploring the creative tensions experienced by practitioners facilitating participatory media projects with refugees and asylum seekers in Australia

This paper aims to provide a contextualised and embedded exploration of how the notions of "practice" and "participation", key concepts in the study of culture and media, are manifest in an example of a complex creative project. This project aimed to engage with refugees and asylum seekers through the co-creation of cultural material and is an outcome of an? ethnographic action research (Tacchi et al. 2003) partnership involving a community development worker in a settlement support agency and a storytelling/community media researcher (the author), along with other project collaborators. The discussion of this project focuses on the role of the facilitator and illustrates the processes of orchestrating a complex project involving a series of linked stages with cumulative effect. As practitioners at this site we are working in the space where personal narratives, participatory arts and media, and the staging of intercultural, civic dialogue events, intersect. Co-creative media facilitation in these contexts involves both managing hybrid communicative spaces and (re)combining the "integrative practices" (Schatzki 1996) of a range of professional approaches and creative roles. This is liminal work, located on the boundaries of several disciplines and practices. Drawing on reflections gathered from collaborative ethnographic descriptions (Bhattacharya 2008), this paper traces moments of practitioner uncertainty that can be linked to the way "practice" and “participation” is problematised within the community cultural development field in a way that is at times an uneasy fit with conventional ways of operating in social service roles. These moments of tension also indicate where this project pushed practitioners into spaces of improvisation and new learning. Keywords: Youth, refugees, community cultural development, co-creative media facilitation, ethnographic action research, intercultural dialogue.

A fair use project for Australia: Copyright law and creative freedom

This essay provides a critical assessment of the Fair Use Project based at the Stanford Center for Internet and Society. In evaluating the efficacy of the Fair Use Project, it is worthwhile considering the litigation that the group has been involved in, and evaluating its performance. Part 1 outlines the history of the Stanford Center for Internet and Society, and the aims and objectives of the Fair Use Project. Part 2 considers the litigation in Shloss v. Sweeney over a biography concerning Lucia Joyce, the daughter of the avant-garde literary great, James Joyce. Part 3 examines the dispute over the Harry Potter Lexicon. Part 4 looks at the controversy over the Shepard Fairey poster of President Barack Obama, and the resulting debate with Associated Press. Part 5 of the essay considers the intervention of the Fair Use Project as an amicus curiae in the ‘Column case’. Part 6 explores the participation of the Fair Use Project as an amicus curiae in the litigation over 60 Years Later, an unauthorised literary sequel to J.D. Salinger’s The Catcher in the Rye. Part 7 of the essay investigates the role of the Fair Use project in disputes over copyright law and musical works. Part 8 investigates the role of the Fair Use Project as an advocate in disputes over copyright law, fair use, documentary films, and internet videos. The conclusion has main three arguments. First, it contends that Australia should establish a Fair Use Project to support creative artists in litigation over copyright exceptions. Second, it maintains that Australia should adopt a flexible, open-ended defence of fair use, and draw upon the rich jurisprudence in the United States on the fair use doctrine. Finally, this paper argues that support should be given at an international level to the proposal for a Treaty on Access to Knowledge.

You're hot, then you're cold: Creative industries policy making in Australia

Much compelling evidence has emerged over the last two decades demonstrating the importance of Australia’s creative industries. In 2014, the Australian Bureau of Statistics confirmed that culture is ‘big business’ in this country. Yet despite this, interest by policy makers at all levels of government has been intermittent, at best. This chapter gives a brief history of policy development, and offers a number of reasons for why policy and politics have not focussed more resolutely on Australia’s creative economy. It finishes with a discussion of Australia’s ‘unfinished agenda’, one which demands attention not only by government, but also industry and higher education, if we are to properly meet both the challenges and opportunities before us.

Paradigmatic considerations for creative practice in Creative Industries research: The case of Australia's Indie 100

This paper begins with the assertion that research grounded in creative practice constitutes a new paradigm. We argue both for and against the idea. We argue against the idea in terms of applying it to the idealised ‘lone artist’ engaged in the production of their art, whose focus of research is a self-reflection upon the art they produce, and whose art is also the findings of the research. Our position is that such an approach cannot be considered as anything other than a form of auto-phenomenography, that such efforts are part of qualitative research, and they are thus trivial in paradigmatic terms. However, we argue in the positive for understanding the artistic event – by which we mean any mass ecology of artistic practice – as being paradigmatically new in terms of research potentials and demands. Our exemplar for that argument is a practice-led, large-scale annual event called Indie 100 which has run for five years and has demonstrated a distinct paradigmatic ‘settling in’ over its duration while clearly pushing paradigmatic boundaries for research into creative practice.

A brief review of PhDs in creative and performing arts in Australia

This paper reports on an aspect of a pilot project conducted in 2003 by the authors comprising a bibliographic analysis of all (approximately 51,000) Australian PhDs. The pilot work is both a data and methodological basis for a larger project that investigates the nature and development of PhDs in Australia as they evolved in the context of national economic, social and educational changes. This paper reviews the evidence from the bibliographic data held in library catalogues of PhDs in each Australian university. After considering the definitional properties and their operationalisation, the paper provides an overview of the first instances, locations and frequencies of PhDs in the creative and performing arts in Australia, fields which are relatively new to doctoral study and which pose challenges in terms of doctoral pedagogy and scholarship. This is contextualised in terms of the development of the contemporary university sector during the 1990s, including the growth in the creative and performing arts therein.

Re-framing the riot : journalism, creative non-fiction and telling the story of Australia's black history

On 19 November 2004, an Aboriginal man was arrested on Palm Island, off the coast of Townsville in northern Queensland. He was taken to the local watch house on a drunk and disorderly charge. An hour later, he lay dead on a cell floor. His liver, an autopsy showed, had been split in half and his spleen ruptured. But when that autopsy report also found that Mulrunji Doomadgee’s severe injuries were not caused by force, the Palm Island Indigenous community, enraged and grief-stricken, went looking for payback.

The Palm Island “riots” ensured that this Aboriginal death in custody made international news headlines where others barely got a mention, if at all (Hollinsworth, 2005). The ensuing Coronial Inquest and criminal prosecution of the arresting Queensland police officer, Chris Hurley, also were covered consistently by the news media. Senior Sergeant Hurley has, however, so far escaped punishment and the Queensland media’s most recent report of the case was to tell how the Qld Police Union now funds a legal bid to clear his name. Meanwhile, little is heard in the news media of the Doomadgee family, the Palm Island community, or of other deaths in custody occurring steadily through the 18 years since the Royal Commission that was supposed to implement a raft of preventative recommendations.

While the news media’s framing of these issues has most often followed historically predictable and ultimately racist lines, a work of creative non-fiction tells the story with warranted complexity and power. Chloe Hooper’s The Tall Man: Death and Life on Palm Island documents Cameron Doomadgee’s death, the riots, and the ensuing legal farce from the front row. Hooper, in the tradition of Truman Capote, arrived at Palm Island as a white writer from a big city. But by “walking the talk” – being with the Doomadgee family and their community through the hearings and after, Hooper was given extraordinary access to community, history, and significant cultural nuance barely identified by, let alone understood by, non-Indigenous readers.

By focussing on Hooper’s experience with sources and court reporting, compared with some print media coverage, this paper will consider the comparative roles of journalism and creative non-fiction in re-framing the Palm Island “riot”. It will suggest that Hooper’s work subverts some dominant (and racist) news media representations of Australian Indigenous peoples through its use of source relationships in an extended narrative structure.

Creative economy strategies for regional cities: the case of Geelong, Australia

Creative economy approaches to regional development are gaining increased favor from policy makers as there is a shift towards a more wholistic approach to development. By fostering a creative economy a region may benefit not only in purely economic terms, but also become more enriched socially and culturally. Using the regional city of Geelong as a case in focus, the presentation will explore strategies that both harness existing creative capacity through the arts and cultural production and also to further expand and intergeate creative enterprise into the local economy. As regional centers like Geelong continue to grow the need to ensure appropriate development that is both sustainable and enriching to improve residents quality of life becomes paramount.

Creative urban regions : harnessing urban technologies to support knowledge city initiatives

In the rapidly growing knowledge economy, the talent and creativity of those around us will be increasingly decisive in shaping economic opportunity. Creativity can be described as the ability to produce new and original ideas and things. In other words, it is any act, idea, or product that changes an existing domain or transforms an existing domain into a new one. From an economic perspective, creativity can be considered as the generation of new ideas that is the major source of innovation and new economic activities. As urban regions have become the localities of key knowledge precincts and knowledge clusters across the globe, the link between a range of new technologies and the development of ‘creative urban regions’ (CURs) has come to the fore. In this sense, creativity has become a buzz concept in knowledge-economy research and policy circles. It has spawned ‘creative milieus,’ ‘creative industries,’ ‘creative cities,’ ‘creative class,’ and ‘creative capital.’ Hence, creativity has become a key concept on the agenda of city managers, development agents, and planners as they search for new forms of urban and economic development. CURs provide vast opportunities for knowledge production and spillover, which lead to the formation of knowledge cities. Urban information and communication technology (ICT) developments support the transformation of cities into knowledge cities. This book, which is a companion volume to Knowledge-Based Urban Development: Planning and Applications in the Information Era (also published by IGI Global) focuses on some of these developments. The Forward and Afterword are written by senior respected academic researchers Robert Stimson of the University of Queensland, Australia, and Zorica Nedovic-Budic of the University of Illinois at Urbana-Champaign, USA. The book is divided into four sections, each one dealing with selected aspects of information and communication technologies and creative urban regions.

Co-creative expertise : Auran Games and Fury - a case study

This article discusses the ways in which the relations among professional and non-professional participants in co-creative relations are being reconfigured as part of the shift from a closed industrial paradigm of expertise toward open and distributed expertise networks. This article draws on ethnographic consultancy research undertaken throughout 2007 with Auran Games, a Brisbane, Australia based games developer, to explore the co-creative relationships between professional developers and gamers. This research followed and informed Auran’s online community management and social networking strategies for Fury (http://unleashthefury.com), a massively multiplayer online game released in October 2007. This paper argues that these co-creative forms of expertise involve co-ordinating expertises through social-network markets.

The implications of creative industries for regional outcomes

As the 21st century progresses, the most successful economies and societies will be creative ones. Worldwide, governments are producing strategies to encourage the development of creative industries and to strengthen the role of knowledge cities nationally and internationally. There is a significant policy discussion regarding the role of creative clusters in strengthening local economies and significant energy has been expended discussing the many positive outcomes of such developments. This article takes these issues as a starting point and considers the role of creative industries within broader concerns regarding uneven metropolitan development. By developing a typology of jobs across Australia’s metropolitan regions, the article will consider the broad social and economic impacts of uneven development of creative industry jobs between metropolitan regions and also the implications for individual metropolitan regions and policy outcomes.

From the account manager’s conscience to top-of-mind : account planning in Australia

What began as the “account manager’s conscience” has grown to be top-of-mind in Australian advertising today. Account planning is a hybrid discipline which uses research to bring the consumer voice to the campaign process during strategy generation, creative development and evaluation. In Australia, account planning is subjected to the “Vegemite Factor” where planners are spread too thinly across accounts and much of the market is dominated by freelance researchers and planners. This unique environment has shaped many different perceptions of account planning in Australia. These are compared with an international definition of account planning and the current research. While many basic tenants of the definition are shared by Australian advertising professionals, the difference appears to be in the ongoing nature, team approach and level of commitment. In Australia, account planners seem to be more facilitators of the strategic direction, than directors of it. Instead of exerting a sustained influence across the campaign, most energy appears to be expended at the start of campaign development, rather than extending through to its evaluation.