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Market Effects Bearing on Fair Use
Washington Law Review Volume 90 Number 2 Symposium: Campbell at 21 6-1-2015 Market Effects Bearing on Fair Use Jeanne C. Fromer Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Intellectual Property Law Commons Recommended Citation Jeanne C. Fromer, Market Effects Bearing on Fair Use, 90 Wash. L. Rev. 615 (2015). Available at: https://digitalcommons.law.uw.edu/wlr/vol90/iss2/4 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. 06 - Fromer.docx (Do Not Delete) 6/3/2015 1:26 PM MARKET EFFECTS BEARING ON FAIR USE Jeanne C. Fromer* Abstract: Copyright law, which promotes the creation of cultural and artistic works by protecting these works from being copied, excuses infringement that is deemed to be a fair use. Whether an otherwise infringing work is a fair use is determined by courts weighing at least four factors, one of which is the effect of the otherwise infringing work on the market for the copyrighted work. The Supreme Court’s decision just over twenty years ago in Campbell v. Acuff-Rose Music, Inc. opened the door to a laudable analytical framework for the bearing of market effects on fair use. First, Campbell supports a more full-bodied investigation of the market effects—both harms and benefits—of defendants’ works on plaintiffs’ copyrighted works. -
Serial Historiography: Literature, Narrative History, and the Anxiety of Truth
SERIAL HISTORIOGRAPHY: LITERATURE, NARRATIVE HISTORY, AND THE ANXIETY OF TRUTH James Benjamin Bolling A dissertation submitted to the faculty at the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of English and Comparative Literature. Chapel Hill 2016 Approved by: Minrose Gwin Jennifer Ho Megan Matchinske John McGowan Timothy Marr ©2016 James Benjamin Bolling ALL RIGHTS RESERVED ii ABSTRACT Ben Bolling: Serial Historiography: Literature, Narrative History, and the Anxiety of Truth (Under the direction of Megan Matchinske) Dismissing history’s truths, Hayden White provocatively asserts that there is an “inexpugnable relativity” in every representation of the past. In the current dialogue between literary scholars and historical empiricists, postmodern theorists assert that narrative is enclosed, moribund, and impermeable to the fluid demands of history. My critical intervention frames history as a recursive, performative process through historical and critical analysis of the narrative function of seriality. Seriality, through the material distribution of texts in discrete components, gives rise to a constellation of entimed narrative strategies that provide a template for human experience. I argue that serial form is both fundamental to the project of history and intrinsically subjective. Rather than foreclosing the historiographic relevance of storytelling, my reading of serials from comic books to the fiction of William Faulkner foregrounds the possibilities of narrative to remain open, contingent, and responsive to the potential fortuities of historiography. In the post-9/11 literary and historical landscape, conceiving historiography as a serialized, performative enterprise controverts prevailing models of hermeneutic suspicion that dominate both literary and historiographic skepticism of narrative truth claims and revives an ethics responsive to the raucous demands of the past. -
Workshop of Potential Scholarship: Manifesto for a Parametric Videographic Criticism
EUROPEAN JOURNAL OF MEDIA STUDIES www.necsus-ejms.org Workshop of Potential Scholarship: Manifesto for a parametric videographic criticism Alan O’Leary NECSUS 10 (1), Spring 2021: 75–98 URL: https://necsus-ejms.org/workshop-of-potential-scholarship- manifesto-for-a-parametric-videographic-criticism/ Abstract This article sets out the rationale for a videographic scholarship (the audiovisual study of screen media) that adopts constraint-based or ‘parametric’ procedures, and concludes with a short manifesto com- posed according to the simple constraint of division into ten equal segments of 50 words each. The article situates a parametric practice in relation to OuLiPo (a group founded in the early 1960s to explore constraint-based approaches to writing), to pataphysics (an absurdist branch of knowledge concerned with what eludes understanding by conventional means), to themes in the digital humanities, and to the posthuman. And it issues a call to forge an ‘agonistic society’ of vide- ographic scholars who goad each other to greater achievement through the conspicuous and wasteful expenditure of resources of knowledge. Keywords: constraints, cyborg, Donna Haraway, enactment, OuLiPo, pataphysics, posthuman, potlatch, video essay Introduction: OuScholPo This essay proposes a rationale for a constraint-based or ‘parametric’ practice of videographic scholarship and is followed by a 500-word manifesto com- posed according to the simple constraint of division into ten equal segments of 50 words each. My title alludes to OuLiPo, short for Ouvroir -
Film Culture in Transition
FILM CULTURE IN TRANSITION Exhibiting Cinema in Contemporary Art ERIKA BALSOM Amsterdam University Press Exhibiting Cinema in Contemporary Art Exhibiting Cinema in Contemporary Art Erika Balsom This book is published in print and online through the online OAPEN library (www.oapen.org) OAPEN (Open Access Publishing in European Networks) is a collaborative in- itiative to develop and implement a sustainable Open Access publication model for academic books in the Humanities and Social Sciences. The OAPEN Library aims to improve the visibility and usability of high quality academic research by aggregating peer reviewed Open Access publications from across Europe. Sections of chapter one have previously appeared as a part of “Screening Rooms: The Movie Theatre in/and the Gallery,” in Public: Art/Culture/Ideas (), -. Sections of chapter two have previously appeared as “A Cinema in the Gallery, A Cinema in Ruins,” Screen : (December ), -. Cover illustration (front): Pierre Bismuth, Following the Right Hand of Louise Brooks in Beauty Contest, . Marker pen on Plexiglas with c-print, x inches. Courtesy of the artist and Team Gallery, New York. Cover illustration (back): Simon Starling, Wilhelm Noack oHG, . Installation view at neugerriemschneider, Berlin, . Photo: Jens Ziehe, courtesy of the artist, neugerriemschneider, Berlin, and Casey Kaplan, New York. Cover design: Kok Korpershoek, Amsterdam Lay-out: JAPES, Amsterdam isbn e-isbn (pdf) e-isbn (ePub) nur / © E. Balsom / Amsterdam University Press, Amsterdam All rights reserved. Without limiting the rights under copyright reserved above, no part of this book may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the written permission of both the copyright owner and the author of the book. -
Volume 40 Number 2
Manulaclurer of Maynard F. Ayhr, '+5, Geologist for Denver"Sub-A" The California Company, has been trans Ffoiaiion /Machines... ferred to their Denver office in the U. S. Standard the National Bank Building, Plis new mailing address is Box 780, Denver 1. World Over Byro7i B. Boalrighl, '22, Vice-President of Conroe Drilling Company, is addressed Box 755, Austin, Texas. Martin P. Brown, '36, has been trans ferred from Bremerton, Washington, to China Lake, California, with address Box 303. He is Civil Engineer for Navai Ship Standard-Reliable—Efficient yard. Thomas L. Chapman, '06, has recentlj' Equipment for Flotation, moved to Redwood City, California, where he is addressed 1893 Bay Shore Highway. Cyanidation, Amalgamation, fVai Siiey Chin, '+9, is taking graduate work in Chemical Engineering at the Uni Gravity Concentration versity of Texas and resides at 1909 Red River, Apt. 5, Austin, Texas. Barton E. Coles, Jr., '49, Reservoir Engi "7^ -^inftt iAat ttut^ied 4tA ^wSeWd •^ftfifice^. /ietiitAi&t. and ineaiiAien.' neer for the Atlantic Refining Company, has a new residence address, 66ll Ken- well Street, Dallas 9, Texas. DENVER EQUIPMENT COMPANY Haskell R. Collins, '39, is Product Con P.O. BOX 5268 • DENVER 17, COLORADO troller, Carrier Corporation, residing at D!HVFR n, CaLORtDS: P.O. So 52Eg roanHlB, BKTARIS: 4S SictaDEid SIfdl WISHSdN. m. ENGtlKD: Siilitiiry Hoiise 114 Fordam Road, Syracuse, N. Y. HEW mt cm I, ".Y.: 4114 lw\\\t Stitt Ui.ViUiCQSVEH , B. C: ]Di Credit fsnclE; JDHtXKESBURE, S. ATRIEA: 8 «flljj[c Roid J. IV. R. Crawford, III, '+8, Field Geol MFXICS, S. V, tdlliclD fEdio de Ginle, GanlRIEHMOKSi 7 , «iiS!Rlt!i: S3D Vktoili Sliiet ogist for The Caiifornia Company, is at present in Casper, Wyoming, with ad dress Box 837. -
Finding the Way: Films Found on a Scrap Heap1
FINDING THE WAY: FILMS FOUND ON A SCRAP HEAP1 Tom Gunning Abstract: Some filmmakers restrict their manipulations of found footage to the minimal act of presenting a film they have discovered with almost no changes. But others have subjected found footage to extensive editing, chemical manipulation, rephotography, or new soundtracks (or all of these processes combined). In this brief essay I cannot hope to cover all the permutations of this rich genre of experimental film, nor to mention all of its numerous practitioners (and I will deal with the visual image more than sound). However, I do want to give a sense of the range of approaches that exist using found footage to mention a few of its masters. Keywords: found objects, found-footage, archival filmmaking 1 First published in BLOEMHEUVEL, Marente; FOSSATI, Giovanna; GULDEMOND, Jaap (org.). Found Footage: cinema exposed. Amsterdam: Amsterdam University Press/ Eye Film Institute, 2012, p. 49- 55. Uma publicação do LAICA-USP - Volume 3, Número 5, Junho de 2014 FINDING THE WAY – Tom Gunning Modern art made from found material often takes the form of a Dadaist joke – a work of “anti-art” that questions our assumptions about the value and nature of art generally. Marcel Duchamp’s 1917 “sculpture,” Fountain, a ready-made urinal placed on a pedestal for exhibition and signed “R. Mutt,” remains the most famous and powerful example of this nihilist attitude. Attacking idealizing traditions that see art as the expression of eternal beauty or individual genius, Duchamp’s work shocked viewers and raised a series of questions that became crucial to twentieth century art: the difference between industrial mass production and the traditional work of art; the very nature of authorship in the arts (“R. -
A Concise Guide to Filmmaking (Print Version) (PDF, 2043Kb)
Print version with QR codes C O N T E N T S #1 P L A N The concept . 5 Storyboards . 6 Preparation . 7 Filming equipment . 9 #2 F I L M Setting up your smartphone . 17 Recording audio and narration . 19 Setting up shots: lighting . 21 Setting up shots: framing . 22 Filming . 23 Stock footage . 24 #3 E D I T Editing software . 27 Getting started in Camtasia 9.0 . 29 Screen recording . 31 Basic editing tools . 32 Effects, behaviours and green screen filming . 33 Interactivity . 36 #4 S H A R E Saving and exporting projects . 39 Uploading to social media . 40 1 I N T R O D U C T I O N To keep track of your filmmaking progress, use our filmmaking checklist on page 41. ★ Generate film ideas with the use of mind maps. ★ Develop and structure stories using our storyboard template. ★ Plan the details, including film type, equipment, locations, props and actors. ★ Choose filming equipment with the use of our guide. ★ Check out our top picks for smartphone stabilisation devices, add-on lenses, filmmaking apps, external microphones, and lighting equipment. ★ Learn how to set up your phone for smartphone filming. ★ Optimise your audio recording without the use of expensive equipment. ★ Watch our lighting tips video and learn how to create beautifully lit shots. ★ Frame your shots like a professional with the use of our framing tips video. ★ Film a test video to check everything is perfect, then shoot your film. ★ Keep a log of your footage to make sorting and editing your media easier. -
Probabilistic Models of Verbal and Body Gestures
15 Probabilistic ~1odels of Verbal and Body Gestures C. Bregler, S.M. Omohundro, M. Covell, M. Slaney, S. Ahmad, D.A. Forsyth, J.A. Feldman Abstract This chapter describes several probabilistic techniques for representing, recognizing, and generating spatiotemporal configuration sequences. We first describe how such techniques can be used to visually track and recognize lip movements to augment a speech recognition system. We then demonstrate additional techniques that can be used to animate video footage of talking faces and synchronize it to different sentences of an audio track. Finally we outline alternative low-level representations that are needed to apply these techniques to articulated body gestures. 15.1 Introduction Gestures can be described as characteristic configurations over time. While uttering a sentence, we express very fine grained verbal gestures as complex lip configurations over time, and while performing bodily actions, we generate articulated configuration sequences of jointed arm and leg segments. Such configurations lie in constrained subspaces and different gesture~ are embodied as different characteristic trajectories in these constrained subspaces. We present a general technique called Manifold Learning, that is able to estimate such constrained subspaces from example data. This tech nique is applied to the domain of tracking, recognition, and interpola 289 290 Bregier et ai. tion. Characteristic trajectories through such spaces are estimated using Hidden Markov Models. We show the utility of these techniques on the domain of visual acoustic recognition of continuous spelled letters. We also show how visual acoustic lip and facial feature models can be used for the inverse task: facial animation. For this domain we developed a modified tracking technique and a different lip interpolation technique, as well as a more general decomposition of visual speech units based on Visemes. -
Selected Press
i donT know Brad Troemel in conversation with Haley mellin a lot of money, that’s a good way to go. The only way you can get them to come into the real world is to print them up. HM: At times I feel like we live in a constant dot-jump. BT: We figured if we were making sculptures for the sole purpose Supposedly, humans nowadays have 60,000 thoughts a day, most of them different in nature from the previous one. of making installation images, why not just cut out the middleman BT: In an attention economy, there is more value in being and get rid of the objects? This gave us the freedom to work even ubiquitous than in being scarce, especially when there is no THE more quickly. That’s when we started compositing Google Image- added cost in publicizing more works and no depletion of searched products, scenes, and textures together. This meant that the works’ aura, given that digital content exists permanently images made on a laptop using Photoshop would be called sculp- only as a copy. The waiting period between releases that once tures, installations, or paintings, just like the things we made phys- structured the market and assigned a price to each work does ically. Some of the images reveal themselves to be obviously Jogging not suit online content. There is now simply not enough time digitally edited, while others are passable as real. for a single assessor to explore an aesthlete’s full catalog, or for the market to price it all. -
Michael Bell-Smith and Lauren Cornell Same Space Over the Last Ten Years
LC: This exhibition was a partial survey lation so that it would exaggerate a of work you’ve created since 2005. Can feeling of “thingness”? you describe the selection? Was the MBS: I wanted to show work that could intent to show a breadth of work or to touch upon that idea in different ways— Gray Areas narrow in on several themes or formal pieces with different relationships to strategies? duration, to other media (sculpture, paint- MBS: I’ve rarely gotten the opportunity ing, etc.), to scale, to display technologies to show different bodies of work in the (CRT monitors vs. video projection vs. An Interview between Michael Bell-Smith and Lauren Cornell same space over the last ten years. I flat screens). I wanted some videos to feel wanted to have a variety of pieces talking more like objects, others like pictures, to each other, creating new associations and still others like more traditional and meanings. In that respect, I saw the video screenings. show working as a typical survey might: a For instance, three videos—Glitter way to present a more multifaceted idea Grade, Return to Forever, and On The of what I do. Another aspect of the show Grid—were projected on the wall at a was thinking about the duality of video scale comparable to paintings or large as both digital files and as things. On photographs. These three works are quite one hand, video is portable and ephem- minimal; very little “happens” in them. eral, while on the other, your experience They work more with the language of pic- 33 as a viewer is entirely dependent on its tures than the ideas of montage we might physical manifestation. -
Videographic Scholarship And/As Digital Humanities
Videographic Scholarship and/as Digital Humanities Steve F. Anderson For cinema and media studies scholars, the emergence of two areas of scholarly practice—namely videographic scholarship and the Digital Humanities (DH)—has created opportunities for new forms of argumentation, analysis and research, as well as new venues for the dissemination of scholarly output related to the study of the moving image. While videographic scholarship and DH overlap in many ways, they also remain distinct, with few scholar-practitioners actively working in both realms. How can we understand this separation and begin to imagine a more productive relationship between them? Key to our understanding of both videographic scholarship and DH is the ongoing cultural contestation between images and data, bearing important implications for the ways each practice stakes claims about its access to new ways of knowing, researching and presenting information. I explore here some of those distinctions and overlaps, and suggest that the primarily image-based practice of videographic scholarship would benefit from adapting a process of serial review and revision derived from early experiments with data-based digital scholarship. Adapting these protocols to the specific needs of videographic scholarship would better support the scholarly benefits of process, evaluation and collaboration. The center of gravity in today’s understanding of DH lies with large-scale, computational analysis of machine-readable data (think of text-encoding initiatives in which vast collections of literary works are converted into searchable data). The “digital” in this understanding of DH offers one way 2 to bring computation into partnership with humanistic inquiry. However, this is not the only possible framework for recognizing the potential contributions of computation to the humanities. -
Reinventing Local TV News
NIEMAN REPORTS Reinventing Local TV News Innovative stations push to attract younger audiences Contributors The Nieman Foundation for Journalism at Harvard University Sara Morrison (page 14) www.niemanreports.org has been an assistant editor at Columbia Journalism Review and a senior writer for Boston. com. Her work has appeared on Vocativ, Poynter, The Guardian, The Atlantic Wire, and The Wrap. Her media reporting often focuses on newsroom diversity publisher and innovation. Ann Marie Lipinski editor Marites Dañguilan Vitug (page 8), a James Geary 1987 Nieman Fellow, is editor at large of senior editor Rappler, a leading online news site in the Jan Gardner Philippines. She is the author of several editorial assistant books on Philippine current aff airs. Eryn M. Carlson Previously she was editor in chief of Newsbreak magazine. staff assistant Lesley Harkins Mary Louise Schumacher (page 22), design the 2017 Arts & Culture Nieman Fellow, Pentagram is the art and architecture critic at the editorial offices Milwaukee Journal Sentinel. She is One Francis Avenue, Cambridge, currently at work on a documentary MA 02138-2098, 617-496-6308, fi lm about art critics in the midst of [email protected] technological and cultural transformation. Copyright 2018 by the President and Fellows of Harvard College. Michael Blanding (page 34) is an author Periodicals postage paid at and investigative journalist whose work Boston, Massachusetts and has appeared in publications including additional entries The New York Times, Wired, The New Republic, Slate, and The Nation. subscriptions/business His most recent book, “The Map Thief,” 617-496-6299, [email protected] was published in 2014.