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

Bertso transformation with pattern-based sampling

This paper presents a method to generate new melodies, based on conserving the semiotic structure of a template piece. A pattern discovery algorithm is applied to a template piece to extract significant segments: those that are repeated and those that are transposed in the piece. Two strategies are combined to describe the semiotic coherence structure of the template piece: inter-segment coherence and intra-segment coherence. Once the structure is described it is used as a template for new musical content that is generated using a statistical model created from a corpus of bertso melodies and iteratively improved using a stochastic optimization method. Results show that the method presented here effectively describes a coherence structure of a piece by discovering repetition and transposition relations between segments, and also by representing the relations among notes within the segments. For bertso generation the method correctly conserves all intra and inter-segment coherence of the template, and the optimization method produces coherent generated melodies.

Bayesian estimation of simultaneous musical notes based on frequency domain modelling

This paper proposes a Bayesian method for polyphonic music description. The method first divides an input audio signal into a series of sections called snapshots, and then estimates parameters such as fundamental frequencies and amplitudes of the notes contained in each snapshot. The parameter estimation process is based on a frequency domain modelling and Gibbs sampling. Experimental results obtained from audio signals of test note patterns are encouraging; the accuracy is better than 80% for the estimation of fundamental frequencies in terms of semitones and instrument names when the number of simultaneous notes is two.

The sampling and remix dilemma: what is the role of moral rights in the encouragement and regulation of derivative creativity

The borrowing and rearrangement of musical content, especially in the digital context, raises difficult questions for copyright law. There is significant community support for a loosening of the restrictions on the derivative (and particularly creative) use of copyright material. Law reform is called for. This paper discusses the possible introduction of a new exception to copyright infringement but notes that in the drafting of any such exception not only the economic rights but also the moral rights of the originating author need to be taken into account.

Circle of Friends a sampling of the rich and prolific repertoires of Johannes Brahms and Felix Mendelssohn December 1, 2013

Concert Program

Comparison of emission rate values for odour and odorous chemicals derived from two sampling devices

Field and laboratory measurements identified a complex relationship between odour emission rates provided by the US EPA dynamic emission chamber and the University of New South Wales wind tunnel. Using a range of model compounds in an aqueous odour source, we demonstrate that emission rates derived from the wind tunnel and flux chamber are a function of the solubility of the materials being emitted, the concentrations of the materials within the liquid; and the aerodynamic conditions within the device – either velocity in the wind tunnel, or flushing rate for the flux chamber. The ratio of wind tunnel to flux chamber odour emission rates (OU m-2 s) ranged from about 60:1 to 112:1. The emission rates of the model odorants varied from about 40:1 to over 600:1. These results may provide, for the first time, a basis for the development of a model allowing an odour emission rate derived from either device to be used for odour dispersion modelling.

Sampling perceptions; testing reality : an evidence-based approach to measurably improve information literacy and student research skills

Do commencing students possess the level of information literacy (IL) knowledge and skills they need to succeed at university? What impact does embedding IL within the engineering and design curriculum have? This paper reports on the self-perception versus the reality of IL knowledge and skills, across a large cohort of first year built environment and engineering students. Acting on the findings of this evaluation, the authors (a team of academic librarians) developed an intensive IL skills program which was integrated into a faculty wide unit. Perceptions, knowledge and skills were re-evaluated at the end of the semester to determine if embedded IL education made a difference. Findings reveal that both the perception and reality of IL skills were significantly and measurably improved.

Application of bag sampling technique for particle size distribution measurements

Bag sampling techniques can be used to temporarily store an aerosol and therefore provide sufficient time to utilize sensitive but slow instrumental techniques for recording detailed particle size distributions. Laboratory based assessment of the method were conducted to examine size dependant deposition loss coefficients for aerosols held in VelostatTM bags conforming to a horizontal cylindrical geometry. Deposition losses of NaCl particles in the range of 10 nm to 160 nm were analysed in relation to the bag size, storage time, and sampling flow rate. Results of this study suggest that the bag sampling method is most useful for moderately short sampling periods of about 5 minutes.

Generation in context : an exploratory method for musical enquiry

This paper discusses a method, Generation in Context, for interrogating theories of music analysis and music perception. Given an analytic theory, the method consists of creating a generative process that implements the theory in reverse. Instead of using the theory to create analyses from scores, the theory is used to generate scores from analyses. Subjective evaluation of the quality of the musical output provides a mechanism for testing the theory in a contextually robust fashion. The method is exploratory, meaning that in addition to testing extant theories it provides a general mechanism for generating new theoretical insights. We outline our initial explorations in the use of generative processes for music research, and we discuss how generative processes provide evidence as to the veracity of theories about how music is experienced, with insights into how these theories may be improved and, concurrently, provide new techniques for music creation. We conclude that Generation in Context will help reveal new perspectives on our understanding of music.