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.

Mapping the experiential in contemporary dance

The research questions how a ‘lived experience’ of contemporary dance could be deepened for the audience. It presents a series of choreographic ‘tools’ to create alternative frameworks of presentation that challenge the dominant modes of creation, presentation and meaning making in contemporary dance. The five tools established and applied in this research are: variations of site, liminality, audience agency, audience-performer proximity and performer qualities. These tools are framed as a series of calibrated scales that allow choreographers to map decisions made in the studio in relation to potential audience engagement. The research houses multiple presentation formats from the traditional to the avant-garde and opens up possibilities for analysis of a wide range of artistic dance works. This research presents options for choreographers to map how audiences experience their work and offers opportunities to engage audiences in new and exciting ways.

Art museums and the global tourist: Experience centers in experiencescapes

Art museums are playing an important role is attracting cultural tourists to global cities and regions. Traditionally, art museums were primarily known for their didactic role. In a post-avant-garde era however museums are more focused on appealing to a broader clientele that want art to be novel and entertaining. Art museums have also come to play a greater role in gentrification projects and cultural precincts. This is because they are ideally suited for tourist-centric environments that offer a variety of immersive sensory experiences, and combine museums (often designed by star-architects), international hotels, restaurants, high-end shopping zones, and other leisure platforms. These "experiencescapes" include Port Maravilha urban waterfront development in Rio de Janiero, the Shanghai Bund, and the Broad project in Los Angeles. The Museum of Old and New Art in Hobart Australia is a boutique player in the global market for experiencescapes. It is smaller than many of its competitors and is situated in a remote part of the world, yet it has made an important contribution to Tasmania’s tourism industry.

Tyhjä taivas : Georges Bataille ja uskonnon kysymys

Empty Heavens. Georges Bataille and the Question of Religion. The dissertation explores the question of religion in the texts of Georges Bataille (1897 1962), the controversial French avant-garde writer and philosopher. Passionate about religion throughout his life, Bataille devoted to it both critical analyses and personal meditations. In this study, Bataille s multifaceted relationship to religion is interpreted as expressing a passion for radical otherness. Bataille is approached as a characteristically modern thinker who, nevertheless, questions some landmarks of modernity insofar as modernity is interpreted as a triumph of secularization. The dissertation is situated at the intersection of comparative religion and philosophy of religion. Methodologically, the study resorts to theoretical contextualization and concept analysis. Acknowledging that Bataille s writings challenge the assumptions about coherent meaning taken for granted in traditional philosophical analysis, the study also pays attention to the literary means and, in general, the performative level of Bataille s texts. The study constructs three theoretical contexts for Bataille s question of religion first of all, the interpretation of Hegel in the mid-20th century French philosophy. In the first section of the study, Bataille s uneasy relationship with Hegel as mediated by Alexandre Kojève is explored. The motivation of his question of radical otherness is argued to arise from his struggle with the Hegelian Kojèvean notion of negativity. The second context is the dialogue with the Christian mystical tradition. Starting from the analysis of two Bataillean notions, dramatization and contestation , it is argued that, firstly, Bataille s approach to radical otherness is analogous to certain procedures of mystical texts while, secondly, the function of otherness providing no firm foundation in Bataille s texts differs from its function in mystical texts. In the third section of the study, Bataille s quest for otherness is concretized by analyzing his views on otherness of other person, on violence, and on death themes that are brought together in Bataille s lasting interest in sacrifice. Bataille s understanding of sacrifice is proportioned to social scientific and philosophical discussions on sacrifice. It is argued that the commitment to the idea of sacrifice accounts for a partial failure in the Bataillean approach to otherness, the otherness of other person remaining its (at least half) blind spot. The study presents an overview of Bataille s thought on religion. It brings out Bataille s view of the paradoxical fundamental yet impossible role of otherness in the construction of human world, as well as his understanding of religious representations as both covering over and indicating this otherness. It describes Bataille s atheological mysticism as a peculiar modern form of religiosity, as an ambivalent mourning for and exaltation of fundamental loss.

Andegraund : Istorija i mify leningradskoj neoficial'noj literatury

The history of the Leningrad underground is one of the key themes of late socialism. Samizdat, "black humour", religious syncretism, dissidence, apolitical bohemianism, the pathos of freedom of individuality and the mechanics of literature are closely interlinked with the cultural mythology of this passed epoch. Describing conceptions that, when taken together, form the contemporary understanding of unofficial culture, the author creates a historical portrait of this environment. Amongst the central figures here, there are well-known writers (Bitov, Brodsky, Dovlatov, Khvostenko, Krivulin) and literary activists who still await recognition. The analysis of works, many of which were only distributed in typewritten publications in the 1960s-1980s, gives a preliminary definition of the key factors that united the authors of the unofficial community. The book begins with a critique of the identification of the Soviet underground with political dissidence or with a society living in autonomous independence with regard to the state. Describing the historical development of the various names for this environment (the underground, samizdat, unofficial culture, podpolie and others), the author follows the genesis of the community from its appearance, in the years of "the Thaw", through to perestroika, when it dissolved. Taking the history of the publication of Bitov's "The Pushkin House" as an example, the concept of the unofficial is interpreted as a risky interaction with the authorities. Unofficial culture is then viewed as a late Soviet reflection of the Western underground in the 1950s-1960s. Unlike the radical-utopian-anarchistic source, it proclaimed a liberalist and democratic ideology in the context of the destruction of the socialist utopia. The historical portrait of the community is built up from the perceptions of its members regarding literature practice and rhetorical approaches, with the aid of which these perceptions are expressed. Taking typewritten publications as source material, four main representations are given: privacy, deviancy, criticism and irrationality. An understanding of literature as a private affair, neo-avant-garde deviancy in social and literary behaviour and the pathos of the critical relationship with officialdom and irrational message of literary work, comprise the basis for the worldview of unofficial authors, as well as the poetic system, genre preferences and dictums. An analysis of irrationality, based on the texts of Khvostenko and Bogdanov, leads to a review of the cultural mythologies that were crucial to the unofficial conception of the absurd. Absurd is an homonym. It contains ideas that are important for the worldview of unofficial authors and the poetics of their works. The irrationality of the Soviet order is reflected in the documentary nature of the satirical prose of Dovlatov. The existential absurd of Camus is perceived here as the pointlessness of social realities and the ontological alienation of man, while existentialist practices for consciousness in the "atmosphere of absurd" remain bracketed off. The third homonym of absurd - the conception of reality as an illusion - is a clear demonstration of religious syncretism, where neo-Christian ideas are interweaved with a modernized version of Hinduism, as taken from Rolland s books on Ramakrishna and Vivekananda. The unofficial community was influenced by the ideology of westernization. Even "the East" arrived here via French retellings and accounts. As a whole, unofficial Leningrad culture can be understood as a neo-modernist phenomenon which, unlike the western neo-modernism of the 1940s and 1950s, arose in the years of the Thaw and ended its existence in the mid-1980s.

Imazhinist Mariengof : Dendi. Montazh. Ciniki.

The study is dedicated to the Russian poet and prose writer Anatolii Borisovich Mariengof (1897–1962). Mariengof – “the last dandy of the Republic” – was one of the leaders and main theoreticians in the poetic group of the Russian Imaginists. For his contemporaries, he was an Imaginist par excellence. His Imaginist principles – in theory and practice – are applied to the study of his first fictional novel, Cynics (1928), which served as an epilogue for his Imaginist period (1918–1928). The novel was not published in the Soviet Union until 1988. The method used in the study is a conceptual and literary historical reading, making use of the contemporary semiotic understanding of cultural mechanisms and of intertextual analysis. There are three main concepts used throughout the study: dandy, montage and catachresis. In the first chapter, the history, practice and theory of the Russian Imaginism are analyzed from the point of view of dandyism. The Imaginist theatricalisation of life is juxtaposed with the thematic analysis of their poetry, and Imaginist dandyism appears as a catachrestic category in culture. The second chapter examines the Imaginist poetic theory. It is discussed in the context of the montage principle, defining the post-revolutionary culture in Soviet Russia. The Imaginist montage can be divided into three main theoretical paradigms: S. Yesenin’s “technical montage” (reminiscent of Dadaist collage), V. Shershenevich’s “nominative montage” (catalogues of images) and Anatolii Mariengof’s “catachrestic montage”. The final chapter deals with Mariengof’s first fictional novel, Cynics. The study begins with the complex history of publication of the novel, as well as its relation to the Imaginist poetic principles and to the history of the poetic movement. Cynics is, essentially, an Imaginist montage novel. The fragmentary play of the fictional and the documentary material follows the Imaginist montage principle. The chapter concludes in a thematic analysis of the novel, concentrating on the description of the October Revolution in Cynics.

De Profundis (Theatre Soundtrack)

This creative work is an original soundtrack for the multimedia performance adaptation of Oscar Wilde’s De Profundis, led by David Fenton and Brian Lucas and produced by Metro Arts. Intermediality offers unique challenges to the composer creating towards live performance. Given the text-based nature of the piece, and the prevalence of screen content, music had a distinct role to play in supporting the intermedial performance environment. Drawing from Oscar Wilde’s own writings in the initial stages [“...richer cadences…more curious effects” “…the cry of Marysas” and the “deferred resolution of Chopin”] , the deliberately risky compositional process experimented with improvised location recordings and found sounds, random and fragmented assemblages of vintage recordings, rough methods and obsolete recording technology, and the sonic kinship of the hissing sibilances of the sea, theatrical applause and the crackle of antique recording devices (which had just been invented in Wilde’s time) worked into wefts of sound. As the soundtrack emerged, is was clearly resistant to ‘concepts’ imposed from the outside, and as the field of possibilities expanded and engaged in dialogue with the other elements of the performance (live and projected) certain pieces were selected by the director and curated into the emerging work. Thus leitmotifs emerged, rather than being imposed from the outset, with a particular through line holding: if it was too obviously like ‘music’, (which is usually used in theatre as emotional lubrication and narrative signpost) it didn’t work, and if it sounded like avant-garde sound-art, it was too grating and detracted from the primacy of the text. As a composer I worked this sweet spot inbetween these two poles as well as serving David Fenton’s curation: he determined which compositions to incorporate, reiterate and omit as part of the process of writing text, action and image and the compositional process responded with organic elaborations and variations on these selections. Musical resolution was mostly deferred until the closing stages of the performance. The soundtrack was present for the duration of the show, and Artshub reviewed the musical component thus: “...the score by David Megarrity is a refined, understated ambient scaffolding.” It premiered at the Visy Theatre, Brisbane Powerhouse, on 22 April 2015.

Kansallista vai modernia : Taidegrafiikka osana 1930-luvun taidejärjestelmää

The theme of this doctoral thesis is the Finnish printmaking in the years 1930-1939. During this decade, there were approximately 100 artists making prints in Finland. Indeed, the period was an especially important one for printmaking. Associations for printmakers were founded in Helsinki and Turku, training in the field was launched, and the number of printmaking exhibitions increased considerably. Through their national organisations, Finnish printmakers participated in many exhibitions abroad, interaction with Nordic printmakers being especially intense. Thus, a firm basis for post-war developments was created. However, printmakers' activity- which had continued throughout the 1930s - declined notably after the Winter War broke out in the autumn of 1939. As a result, the period 1930-1939 forms a coherent and distinct unity in Finnish printmaking history. The study consists of two parts: the main text and an appendix in which the production of each printmaking artist active in the 1930s is examined separately. The study also includes a comprehensive list of the prints made in the course of the decade. One of the central themes is the printmakers' relationship to "Finnish nationalist" art and concepts of art in the 1930s. I analyse the various manifestations of this way of thinking in the visual arts of the period. Finnish fine art in the period between the world wars has usually been characterised as conservative, introverted and spiritually isolated from the modern European trends of the time. On the basis of this study, such a view is too simple. Many artists and printmakers adopted a modernistic notion of art that approached the newest in European modernism, including such trends as avant-garde classicism and general European new Objective Realism (Die neue Sachlichkeit). On the other hand, choosing Finnish nationalist motifs did not necessarily mean that the artist was opposed to modernism: modernist artists could still be interested in national themes. The relationship of 1930s printmaking to the world of nationalist ideas is examined in this doctoral thesis from several perspectives. Towards the end of the main text, I examine the issue from the point of view of selected artists. Another feature that emerged during the study and turned out to be surprisingly widespread was the close relationship of many artists to religious, theosophical and pantheistic views. I deal with this issue in greater detail through a few representative printmakers.

Ruumiinkuvia! : Suomalainen performanssi- ja kehotaide 1980- ja1990-luvulla psykoanalyysin valossa

My PhD-thesis Body Images! Psychoanalytical Analysis of Finnish Performance and Body Art in the 1980s and 1990s considers Finnish performance and body art performed mainly by visual artists. In Part I, I chart the historical construction of performance art and its extension since the beginning of the 21st century. There are several wievs of the historical background of performance art. I introduce three different genealogies of performance art. One is Rose-Lee Goldberg s view. She connects performance art with the European avant-garde already at the beginning of the 20th century from futurists and dadaists to Russian avant-garde and the Bauhaus. I prefer to present performance art as contemporary art, which began to take shape in connection with visual arts in the 1950s and 1960s. The focus on the body is apparent in nearly all performance art. Nevertheless, throug the concept of body art I want to empasize the artist s body as the place of art. Body art (as part of performance art) functions as thematic and interpretive concept, which allows me to focus on performances where the questions of body image, narcissism, desire, language and pleasure are incorporated in particular intensive ways. In Part II, I explore the arrival of performance art in Finnish visual arts in the 1980s. I study the new generation s relation to earlier Finnish happenings (1960s) and performative actions in 1970 s. I briefly introduce performance groups of the 1980s art scene and consider their reception in media. The main focus is on the group Jack Helen Brut, in which I see many similarities to the so- called Theatre of Images. The goal of this part II is to provide historical context for the performance analysis that follows. In Part III, I develop the concept of body image which is my main theoretical term. The concept of body image is used according to Lacanian psychoanalytical theory, especially his considerations of mirror stages. My first mapping of body image, which I call imaginary body image, is based on Lacan s famous mirror stage article (1949). According to my reading, body image is narcistic and aggressive. The important concepts here are ego, imaginary, méconnaisance and alienation. In 1953 Lacan began to develop different version on mirror stage, in which he emphasized the primacy of symbolic dimension. It is not image, but language which constructs the foundations of body image. Central concepts in this chater are Other as language, ego-ideal, demand and desire. In the last chapter I connect the third version of the mirror stage to concepts of gaze, phantasy, real, jouissance and object a. In previous chapters I had considered body image in relation to ego. Now I explore it in relation to subject. In my reading the body image is fragile phenomen, which oscillates between yearning for coherence and phantasies of fragmented images. Part IV of the thesis begins with an introduction to the central concepts and debates in performace studies over the last few decades. Important concepts are presence, performativity and theatricality. The main substance of my thesis, however, is the performance analysis, which focuses on works by three Finnish artists and one Finnish group. The first analysis concerns the performance (1992) of Kimmo Schroderus. I discuss the relationship between narcissism and body art and the changes in demands projected on body images of men in recent decades in a Euro-American context. I also explore this performance in relation to the myth of Narcissus, which I reinterpret through Narcissus s aggression against his own body. The group Homo S is the main subject of the next analysis. I discuss the relationship between feminist art and performance art, especially in the United States in the 1960s and 1970s. Homo S is different from this early performance art because of its anarchism, humor and rejection of all ideals. Homo S characterizes its performance Body Body (1983) as liberating vulgar feminism . Sociality and performance of erotic relations between women are central in Body Body. Pia Lindman s performances are the subjects of my third analysis. I study three of her performances: Olen muoto (1993), 17 and in love (1994) and Arranged views (1995). I interpret these performances as efforts to disperse the imaginary and symbolic structures of the body image. She constructs the peculiar object a and phantasy space of her own. In the last analysis I move from questions of image and gaze to a study of language, sound and jouissance. I discuss at a general level the performance of orality and helplesness (Hilflosigkeit) in body art. The central elements in Pentti Otto Koskinen s performances are the ear, listening and receptive gestures and postions. Perseveraatio (1998) can be understood representing as submission to the super-ego s power, which compels one to enjoy. I examine particularly closely the performance Maissi on hyvää ei missään nimessä maissia (1995), which I interpret as the return of a baby s body image to the liminal site of choice: language or jouissance?

The Cabbage Field.

The painting represents a figure bending over to attend the plants in a cabbage field, probably the artist's summer house in Wannsee outside Berlin, where he did most of his work after 1922.

Portrait of Benjamin Liebermann

This large ambitious painting is one of Liebermann's earliest. His uncle, the Geheime Kommerzienrat (Privy Councillor) Benjamin Liebermann (1847-1935), is elderly and slim, but erect and proudly wearing his honorary business medals, has his left hand on his hip, while his right hand rests on the back of a red velvet chair. He is wearing long sideburns and whiskers. The background is plain. The style is tight and painstaking, but already exhibits Liebermann's preference for visible, impasto brushstrokes. The emphasis is on the face, with no attempt at idealization of the akward, but strong features. The colors are mainly black and brown.

Portrait of Max Boehm ( 1871-1944 ).

The model is seated, facing the viewer and looking straight at him. He is wearing a business suit and holding a cigar. The pose is relaxed abd the color tonalities warm, with the yellow background dominant. Heavy impasto is used for face and hands. Neg. 37599 Signed upper right, also dated

Portrait of Heinrich Stahl (1868-1942 ).

H.Stahl was the last president of the Jewish Community in Berlin. He is seated in a chair with wooden arm supports. He seems a small man, an impression emphasized by a large expanse of plain, tan background. The facial expression is tense, with deeply furrowed brows.

To the Mothers of the Twelve Thousand.

The size of the work and the printed title suggests, that this is a poster. It bears the emblem R.J.F., for the sponsoring organization, Reichsbund Juedischer Frontsoldaten or National Organization of the Jewish Front-line Soldiers. The mothers of "The twelve thousand" refers to the Jewish soldiers killed during World War I, when reminding Germans of the patriotism and sacrifices of German Jews, seemed important in view of the discrimination they were confronted with at the time, in 1935.

Scopophobia/Scopophilia: electric light and the anxiety of the gaze in postwar American architecture

In the years of reconstruction and economic boom that followed the Second World War, the domestic sphere encountered new expectations regarding social behaviour, modes of living, and forms of dwelling. This book brings together an international group of scholars from architecture, design, urban planning, and interior design to reappraise mid-twentieth century modern life, offering a timely reassessment of culture and the economic and political effects on civilian life. This collection contains essays that examine the material of art, objects, and spaces in the context of practices of dwelling over the long span of the postwar period. It asks what role material objects, interior spaces, and architecture played in quelling or fanning the anxieties of modernism’s ordinary denizens, and how this role informs their legacy today. Table of Contents [Book] Introduction Robin Schuldenfrei Part 1: Psychological Constructions: Anxiety of Isolation and Exposure 1. Taking Comfort in the Age of Anxiety: Eero Saarinen’s Womb Chair Cammie McAtee 2. The Future is Possibly Past: The Anxious Spaces of Gaetano Pesce Jane Pavitt 3. Scopophobia/Scopophilia: Electric Light and the Anxiety of the Gaze in American Postwar Domestic Architecture Margaret Petty Part 2: Ideological Objects: Design and Representation 4. The Allegory of the Socialist Lifestyle: The Czechoslovak Pavilion at the Brussels Expo, its Gold Medal and the Politburo Ana Miljacki 5. Assimilating Unease: Moholy-Nagy and the Wartime-Postwar Bauhaus in Chicago Robin Schuldenfrei 6. The Anxieties of Autonomy: Peter Eisenman from Cambridge to House VI Sean Keller Part 3: Societies of Consumers: Materialist Ideologies and Postwar Goods 7. "But a home is not a laboratory": The Anxieties of Designing for the Socialist Home in the German Democratic Republic 1950—1965 Katharina Pfützner 8. Architect-designed Interiors for a Culturally Progressive Upper-Middle Class: The Implicit Political Presence of Knoll International in Belgium Fredie Floré 9. Domestic Environment: Italian Neo-Avant-Garde Design and the Politics of Post-Materialism Mary Louise Lobsinger Part 4: Class Concerns and Conflict: Dwelling and Politics 10. Dirt and Disorder: Taste and Anxiety in the Working Class Home Christine Atha 11. Upper West Side Stories: Race, Liberalism, and Narratives of Urban Renewal in Postwar New York Jennifer Hock 12. Pawns or Prophets? Postwar Architects and Utopian Designs for Southern Italy Anne Parmly Toxey. Coda: From Homelessness to Homelessness David Crowley