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

Social Life of Captive Asian Elephants (Elephas maximus) in Southern India: Implications for Elephant Welfare

Asian elephants in the wild live in complex social societies; in captivity, however, management often occurs in solitary conditions, especially at the temples and private places of India. To investigate the effect of social isolation, this study assessed the social group sizes and the presence of stereotypies among 140 captive Asian elephants managed in 3 captive systems (private, temple, and forest department) in Tamil Nadu, India, between 2003 and 2005. The majority of the facilities in the private (82%) and temple (95%) systems held a single elephant without opportunity for social interaction. The forest department managed the elephants in significantly larger groups than the private and temple systems. Among the 3 systems, the proportion of elephants with stereotypies was the highest in temple (49%) followed by private system (26%) and the forest department facility (6%); this correlates with the social isolation trend observed in the 3 systems and suggests a possible link between social isolation and abnormal elephant behavior separate from other environmental factors. The results of this study indicate it would be of greater benefit to elephant well being to keep the patchily distributed solitary temple and private elephants who are socially compatible and free from contagious diseases in small social groups at ocommon elephant houseso for socialization.

Science as a hobby: how and why I came to study the social life of an Indian primitively eusocial wasp

For the most part, my research career has involved prying into the life of the locally abundant primitively eusocial paper wasp, Ropalidia marginata, with the aim of understanding the origin and evolution of social life in insects. My interest in this wasp species began as a hobby, but I was privileged to soon convert my hobby into my profession. Here I describe how this conversion came about, what it meant to pursue my hobby as a full-time activity, describe some examples from my research and end with some reflections about the process of doing modern science, especially in India.

Further reflections on Habermas's contribution to discourse in child protection: An examination of power in social life

Hayes and Houston's positive review of Habermas's contribution to discourse in family group conferences (in this journal) has been challenged by Garrett. In this paper, one of the authors replies to Garrett but extends the analysis through a more considered, developed and detailed examination of Habermas's thoughts on power in social life. This leads to a conceptual framework that enables the participants in the conference to exercise power in a positive manner. In developing this earlier analysis, the paper also acknowledges Garrett's argument that Bourdieu helps us to understand the nature of constraining social structures in child protection. However, Bourdieu's ideas are subsequently challenged on the grounds that they lack a competent formulation on human agency - a faculty that Habermas cogently elucidates. This enlarged understanding of agency, it is argued, offers a theoretical resource that fits better with the ethos of emancipatory social work.

Readjusting our Sporting Sites/Sight: Sportification and the Theatricality of Social Life

This paper points out the potential of using sport for the analysis of society. Cultivated human movement is a specific social and cultural subsystem (involving sport, movement culture and physical culture), yet it becomes a part of wider social discourses by extending some of its characteristics into various other spheres. This process, theorised as sportification, provides as useful concept to examine the permeation of certain phenomena from the area of sport into the social reality outside of sport. In this paper, we investigate the phenomena of sportification which we parallel with visual culture and spectatorship practices in the Renaissance era. The emphasis in our investigation is on theatricality and performativity; particularly, the superficial spectator engagement with modern sport and sporting spectacles. Unlike the significance afforded to visualisation and deeper symbolic interpretation in Renaissance art, contemporary cultural shifts have changed and challenged the ways in which the active and interacting body is positioned, politicised, symbolised and ultimately understood. We suggest here that the ways in which we view sport and sporting bodies within a (post)modern context (particularly with the confounding amalgamations of signs and symbols and emphasis on hyper-realities) has invariably become detached from sports’ profound metaphysical meanings and resonance. Subsequently, by emphasising the associations between social theatrics and the sporting complex, this paper aims to remind readers of ways that sport—as a nuanced phenomenon—can be operationalised to help us to contemplate questions about nature, society, ourselves and the complex worlds in which we live.

Rock art and social life - Revisiting the Neolithic transition in Mediterranean Iberia

This article revisits the Neolithic transition in Mediterranean Iberia taking into account an aspect usually neglected in the archaeological discourse: the rock art styles that emerged in this context. These distinct styles have been generally attributed to different populations, according to a historicist point of view that equates stylistic variability and ethnic identity. However, the recent recognition that they were developed by the same social group requires the formulation of an alternative explanation. My proposal is based on the exploration of the social context of production and consumption of the rock art, through the analysis of the patterns of location of the sites within the landscape and the definition of their archaeological context.

The social life of ruins: sites of memory and the politics of a Zimbabwean periphery

This article explores conflicts over a series of ruins located within Zimbabwe's flagship National Park. The relics have long been regarded as sacred places by local African communities evicted from their vicinity, and have come to be seen as their ethnic heritage. Local intellectuals' promotion of this heritage was an important aspect of a defensive mobilization of cultural difference on the part of a marginalized minority group. I explore both indigenous and colonial ideas about the ruins, the different social movements with which they have been associated and the changing social life they have given the stone relics. Although African and European ideas sometimes came into violent confrontation - as in the context of colonial era evictions - there were also mutual influences in emergent ideas about tribe, heritage and history. The article engages with Pierre Nora's notion of 'sites of memory', which has usefully drawn attention to the way in which ideas of the past are rooted and reproduced in representations of particular places. But it criticizes Nora's tendency to romanticize pre-modern 'memory', suppress narrative and depoliticize traditional connections with the past. Thus, the article highlights the historicity of traditional means of relating to the past, highlighting the often bitter and divisive politics of traditional ritual, myth, kinship, descent and 'being first'. It also emphasizes the entanglement of modern and traditional ideas, inadequately captured by Nora's implied opposition between history and memory. (c) 2005 Elsevier Ltd. All rights reserved.

Kerry Freedman's Teaching visual culture : curriculum, aesthetics and the social life of Art

Teaching Visual Culture: Curriculum, Aesthetics and the Social Life of Art, Kerry Freedman (2003) New York: Teachers College Press & Reston: National Art Education Association, xiv + 187 pp., ISBN 0-8077-4372-0 (hbk £29.95)

This critical review has two principal goals. First of all, it will briefly summarize how Kerry Freedman’s ambitious eight-chapter monograph initially sets in train a number of key themes, all of which are aimed at enlarging if not transforming visual arts practice. Secondly, it will critically disclose a small set of pivotal assumptions which call any uncritical support for visual culture as the panacea for arts education into question. More particularly, we shall conclude, the logical underpinnings of Teaching Visual Culture are open to serious doubt in at least two respects.

Assessing the validity of impact pathways for child labour and well-being in social life cycle assessment

Background, aim and scope: Assuming that the goal of social life cycle assessment (SLCA) is to assess damage and benefits on its ‘area of protection’ (AoP) as accurately as possible, it follows that the impact pathways, describing the cause effect relationship between indicator and the AoP, should have a consistent theoretical foundation so the inventory results can be associated with a predictable damage or benefit to the AoP. This article uses two concrete examples from the work on SLCA to analyse to what extent this is the case in current practice. One considers whether indicators included in SLCA approaches can validly assess impacts on the well-being of the stakeholder, whereas the other example addresses whether the ‘incidence of child labour’ is a valid measure for impacts on the AoPs.

Materials and methods: The theoretical basis for the impact pathway between the relevant indicators and the AoPs is analysed drawing on research from relevant scientific fields.

Results:   The examples show a lack of valid impact pathways in both examples. The first example shows that depending on the definition of ‘well-being’, the assessment of impacts on well-being of the stakeholder cannot be performed exclusively with the type of indicators which are presently used in SLCA approaches. The second example shows that the mere fact that a child is working tells little about how this may damage or benefit the AoPs, implying that the normally used indicator; ‘incidence of child labour’ lacks validity in relation to predicting damage or benefit on the AoPs of SLCA.

Discussion: New indicators are proposed to mitigate the problem of invalid impact pathways. However, several problems arise relating to difficulties in getting data, the usability of the new indicators in management situations, and, in relation to example one, boundary setting issues.

Conclusions: The article shows that it is possible to assess the validity of the impact pathways in SLCA. It thereby point to the possibility of utilising the same framework that underpins the environmental LCA in this regard. It also shows that in relation to both of the specific examples investigated, the validity of the impact pathways may be improved by adopting other indicators, which does, however, come with a considerable ‘price’.

Recommendations and perspectives: It is argued that there is a need for analysing impact pathways of other impact categories often included in SLCA in order to establish indicators that better reflect actual damage or benefit to the AoPs.

The social life of categories : an empirical study of term categorization

Most classification schemes in common use are actually categorization schemes which fall somewhere on a continuum between unstructured, uncontrolled lists of terms and formal classifications. Over time, terms change meaning and acquire new definitions. This paper presents the results of an approach that used the librarianship principle of consensus to form categories of terms and to relate those categories using a domain reference group. Boisot's Social Learning Cycle (SLC) was then used as a model with which to explain category variations. The single study undertaken in this investigation demonstrated the value of the SLC for explaining the variations between reference group members, and showed the potential for explaining category changes over time. This identifies areas in which consensus is breaking down or emerging, allowing for focused maintenance of categorical schemes.