The Pirate Bazaar: The Social Life of Copyright Law

This thesis provides a cultural history of Australian copyright law and related artistic controversies. It examines a number of disputes over authorship, collaboration, and appropriation across a variety of cultural fields. It considers legal controversies over the plagiarism of texts, the defacing of paintings, the sampling of musical works, the ownership of plays, the co-operation between film-makers, the sharing of MP3 files on the Internet, and the appropriation of Indigenous culture. Such narratives and stories relate to a broad range of works and subject matter that are protected by copyright law. This study offers an archive of oral histories and narratives of artistic creators about copyright law. It is founded upon interviews with creative artists and activists who have been involved in copyright litigation and policy disputes. This dialogical research provides an insight into the material and social effects of copyright law. This thesis concludes that copyright law is not just a ‘creature of statute’, but it is also a social and imaginative construct. In the lived experience of the law, questions of aesthetics and ethics are extremely important. Industry agreements are quite influential. Contracts play an important part in the operation of copyright law. The media profile of personalities involved in litigation and policy debates is pertinent. This thesis claims that copyright law can be explained by a mix of social factors such as ethical standards, legal regulations, market forces, and computer code. It can also be understood in terms of the personal stories and narratives that people tell about litigation and copyright law reform. Table of Contents Prologue 1 Introduction A Creature of Statute: Copyright Law and Legal Formalism 6 Chapter One The Demidenko Affair: Copyright Law and Literary Works 33 Chapter Two Daubism: Copyright Law and Artistic Works 67 Chapter Three The ABCs of Anarchism: Copyright Law and Musical Works 105 Chapter Four Heretic: Copyright Law and Dramatic Works 146 Chapter Five Shine: Copyright Law and Film 186 Chapter Six Napster: Infinite Digital Jukebox or Pirate Bazaar? Copyright Law and Digital Works 232 Chapter Seven Bangarra Dance Theatre: Copyright Law and Indigenous Culture 275 Chapter Eight The Cathedral and the Bazaar: The Future of Copyright Law 319

A internet como meio de criação artística: internet art

Esta investigação pretende explorar a relação entre arte e tecnologia, focando a Internet como meio de criação artística através do exemplo da Internet Art (também denominada arte de Internet ou net art). Desenvolvendo-se através de dois núcleos centrais, que configuram os dois capítulos principais foca, respectivamente, a Internet enquanto meio e espaço de criação artística, e a arte de Internet. A Internet, rede de comunicação global e tecnológica, é apresentada enquanto meio de criação artística a partir de um interesse recorrente pelo desenvolvimento de ambientes e obras virtuais, imersivas, interactivas e ilusórias. A partir deste enquadramento, são apresentadas e analisadas as características deste meio de comunicação, exemplificando através de várias obras de net art a forma como os artistas apropriam estas mesmas características nos seus trabalhos, destacando desta forma a clara relação entre meio e prática artística. A arte de Internet é, por sua vez, apresentada através de um estudo das suas características e das suas particularidades no que respeita a tipologias, temáticas e principais questões no contexto do desenvolvimento de novas possibilidades para a obra, para o artista e para o público. A relação entre a Internet, enquanto meio de comunicação tecnológico, e a arte de Internet, enquanto expressão artística contemporânea, é compreendida através da análise da produção com base nas características que definem a rede. Procura-se, desta forma, destacar a importância da net art no seio da arte contemporânea, promovendo uma nova perspectiva para a compreensão da Internet enquanto meio e espaço de criação artística.

Do mundo para a sala de aula, da sala de aula para o mundo : estratégias de integração curricular na disciplina de Desenho A do 12º ano

Relatório da Prática de Ensino Supervisionada, Ensino de Artes Visuais, Universidade de Lisboa, 2013

How is a fruit tree like you? Using artistic metaphors to explore and develop emotional competence in children

Counselling children often requires the use of supplementary strategies in order to interest and engage the child in the therapeutic process. One such strategy is the Metaphorical Fruit Tree (MFT); an art metaphor suited to exploring and developing self-concept. Quantitative and qualitative data was used to explore the relationships between children’s ability to use metaphor, age, gender, and level of emotional competence (N = 58). Quantitative and qualitative analyses revealed a significant negative relationship between self-reported emotional competence and ability to use the MFT. It is proposed that children rely on different processes to understand self and as children’s ability to cognitively report on their emotional capabilities via the Emotional Competence Questionnaire (ECQ) increases, their ability to report creatively on those capabilities via the MFT is undermined. It is suggested that the MFT may be used, via creative processes and as an alternative to cognitive processes, to increase understanding and awareness of intrapersonal and interpersonal concepts of self in the child during counselling.

Reciprocity : where art meets the community : action research in response to artistic encounters and relationships

This practice-led research project examines some of the factors and issues facing artists working in the public domain who wish to engage with the community as audience. Using the methodology of action research, the three major creative projects in this study use art as a socio-political tool with the aim of providing an effective vehicle for broadening awareness, understanding forms of social protest and increasing tolerance for diversity. The three projects: Floodline November 7, 2004, Look in, Look out, and The Urban Terrorist Project, dealt with issues of marginalisation of communities, audiences and graffiti artists respectively. The artist/researcher is outlined as both creator and collaborator in the work. Processes included ephemeral elements, such as temporary installation and performance, as well as interactive elements that encouraged direct audience involvement as part of the work. In addition to the roles of creator and collaborator, both of which included audience as well as artist, the presence of an outside entity was evident. Whether local, legal authorities or prevailing attitudes, outside entities had an unavoidable impact on the processes and outcomes of the work. Each project elicited a range of responses from their respective audiences; however, the overarching concept of reciprocity was seen to be the crucial factor in conception, artistic methods and outcomes.

Developing a model of technology appropriation: A Marxian perspective

This paper explores the philosophical origins of appropriation of Information Systems (IS) using Marxian and other socio-cultural theory. It provides an in-depth examination of appropriation and its application in extant IS theory. We develop a three-tier model using Marx’s foundational concepts and from this generate four propositions that we test in an empirical example of IS in anesthesia. Using Marxian theory, this paper seeks common ground among existing theories of technology appropriation in IS research. This work contributes to IS research by (1) opening philosophical discussions on appropriation and the human ↔ technology nexus, (2) drawing on these varying perspectives to propose a general conceptualization of technology appropriation and (3) providing a starting point towards a general causal model of technology appropriation.

A Marxian model of technology appropriation

This paper explores the philosophical roots of appropriation within Marx's theories and socio-cultural studies in an attempt to seek common ground among existing theories of technology appropriation in IS research. Drawing on appropriation perspectives from Adaptive Structuration Theory, the Model of Technology Appropriation and the Structurational Model of Technology for comparison, we aim to generate a Marxian model that provides a starting point toward a general causal model of technology appropriation. This paper opens a philosophical discussion on the phenomenon of appropriation in the IS community, directing attention to foundational concepts in the human-technology nexus using ideas conceived by Marx.

A grounded theory study of technology appropriation in anaesthesia

The human-technology nexus is a strong focus of Information Systems (IS) research; however, very few studies have explored this phenomenon in anaesthesia. Anaesthesia has a long history of adoption of technological artifacts, ranging from early apparatus to present-day information systems such as electronic monitoring and pulse oximetry. This prevalence of technology in modern anaesthesia and the rich human-technology relationship provides a fertile empirical setting for IS research. This study employed a grounded theory approach that began with a broad initial guiding question and, through simultaneous data collection and analysis, uncovered a core category of technology appropriation. This emergent basic social process captures a central activity of anaesthestists and is supported by three major concepts: knowledge-directed medicine, complementary artifacts and culture of anaesthesia. The outcomes of this study are: (1) a substantive theory that integrates the aforementioned concepts and pertains to the research setting of anaesthesia and (2) a formal theory, which further develops the core category of appropriation from anaesthesia-specific to a broader, more general perspective. These outcomes fulfill the objective of a grounded theory study, being the formation of theory that describes and explains observed patterns in the empirical field. In generalizing the notion of appropriation, the formal theory is developed using the theories of Karl Marx. This Marxian model of technology appropriation is a three-tiered theoretical lens that examines appropriation behaviours at a highly abstract level, connecting the stages of natural, species and social being to the transition of a technology-as-artifact to a technology-in-use via the processes of perception, orientation and realization. The contributions of this research are two-fold: (1) the substantive model contributes to practice by providing a model that describes and explains the human-technology nexus in anaesthesia, and thereby offers potential predictive capabilities for designers and administrators to optimize future appropriations of new anaesthetic technological artifacts; and (2) the formal model contributes to research by drawing attention to the philosophical foundations of appropriation in the work of Marx, and subsequently expanding the current understanding of contemporary IS theories of adoption and appropriation.

The artistic partnership of two women

This brief paper details the artistic working relationship between Bronwyn Fredericks and Pamela Croft within the Keppel Sands / Rockhampton region.

From liberation to appropriation : corsets and eroticism in Australian film

The corset, with its laces and stays, appears to the modern eyes little more than a stylish torture device. However, the corset enjoyed a reputation among the most fashionable women of the nineteenth century. Since small waists were the primary measure of corporeal beauty, corsets were nearly universal among Western women of the middle class upwards. Wearing a corset was also a marker of decency; only lower classes and women of dubious reputation did not wear corsets. From instrument of torture and symbol of submission to its appropriation by women as a marker of sexual liberation, the corset has gone under a sartorial and symbolic transformation remaining the most erotic element of women’s dress. This paper discusses the corset in two Australian films, Picnic at Hanging Rock (Peter Weir, 1974) and Moulin Rouge (Baz Luhrman, 2001), arguing that the corset provides a counterpoint in each film signifying the tension between beauty and respectability, on the one hand, and desire and transgression, on the other. We argue that the corset is the primary prop around which the narrative revolves as well as the key signifying hook for the audience. The fact that erotic motifs are so rare in Australian films makes the centrality of the corset in these films even more powerful as a discursive trope

Intractable differences : artistic research and the problem of practice

The purpose of this paper is to analyse the complex nature of practice within Artistic research. This will be done by considering practice through the lens of Bourdieu’s conceptualisation of practice. The focus of the paper is on developing an understanding of practice-led approaches to research and how these are framed by what Coessens et al. (2009) call the artistic turn in research. The paper begins with a brief introduction to the nature of practice and then continues on to discuss the broader field of artistic research, describing the environment which has shaped its evolution and foregrounding several of its key dispositions. The paper aims to not simply describe existing methodology but to rethink what is meant by artistic research and practice-led strategies.

Domestic violence and family law : recognition and appropriation

The battered women’s movement in the United States contributed to a sweeping change in the recognition of men’s violence against female intimate partners. Naming the problem and arguing in favour of its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.

Do look now : re-imagining and re-purposing audiovisual creative practice

The appropriation and elaborate re-working of mediated images and sound stand in a fluid relationship with established notions such as creativity, originality and artistic freedom. The evocative, recontextualised montage works of the eminent video artists Christian Marclay (The Clock) and Tracey Moffatt (Other; Love) may be viewed critically in the light of several theorists’ work, such as Walter Benjamin’s ideas on the crisis of reproduction and reactivation. The ironic pastiche, Do Look Now, a recent video installation work, is presented here as a similar dialogical intervention, representing a subversive deconstruction and critique of filmic codes and conventions, as well as being a new work crafted out of old film clips. (The films quoted in the work are listed here in an Appendix). These practical provocations are framed within a renewed, ‘queering’ investigation of creative works. Such an exploration is, arguably, both illuminating and liberating for particular practitioners and researchers engaged with the unpredictable intersections of creative meaning-making in a heavily legalised, mediated and digitised world.