Participatory Culture and Commodification in the Age of the “Digital Revolution”
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From Public Service Broadcasting to Public Service Media Gregory Ferrell Lowe & Jo Bardoel (Eds.)
From Public Service Broadcasting to Public Service Media Gregory Ferrell Lowe & Jo Bardoel (eds.) RIPE @ 2007 NORDICOM From Public Service Broadcasting to Public Service Media From Public Service Broadcasting to Public Service Media Gregory Ferrell Lowe & Jo Bardoel (eds.) NORDICOM From Public Service Broadcasting to Public Service Media RIPE@2007 Gregory Ferrell Lowe & Jo Bardoel (eds.) © Editorial matters and selections, the editors; articles, individual con- tributors; Nordicom ISBN 978-91-89471-53-5 Published by: Nordicom Göteborg University Box 713 SE 405 30 GÖTEBORG Sweden Cover by: Roger Palmqvist Cover photo by: Arja Lento Printed by: Livréna AB, Kungälv, Sweden, 2007 Environmental certification according to ISO 14001 Contents Preface 7 Jo Bardoel and Gregory Ferrell Lowe From Public Service Broadcasting to Public Service Media. The Core Challenge 9 PSM platforms: POLICY & strategY Karol Jakubowicz Public Service Broadcasting in the 21st Century. What Chance for a New Beginning? 29 Hallvard Moe Commercial Services, Enclosure and Legitimacy. Comparing Contexts and Strategies for PSM Funding and Development 51 Andra Leurdijk Public Service Media Dilemmas and Regulation in a Converging Media Landscape 71 Steven Barnett Can the Public Service Broadcaster Survive? Renewal and Compromise in the New BBC Charter 87 Richard van der Wurff Focus on Audiences. Public Service Media in the Market Place 105 Teemu Palokangas The Public Service Entertainment Mission. From Historic Periphery to Contemporary Core 119 PSM PROGRAMMES: strategY & tacticS Yngvar Kjus Ideals and Complications in Audience Participation for PSM. Open Up or Hold Back? 135 Brian McNair Current Affairs in British Public Service Broadcasting. Challenges and Opportunities 151 Irene Costera Meijer ‘Checking, Snacking and Bodysnatching’. -
Remixing Rawls: Constitutional Cultural Liberties in Liberal Democracies
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by PhilPapers VOL. 11, NO. 2 NORTHEASTERN UNIVERSITY LAW REVIEW 401 Remixing Rawls: Constitutional Cultural Liberties in Liberal Democracies By Jonathan Gingerich* * Modeling Interdisciplinary Inquiry Mellon Postdoctoral Fellow, Washington University in St. Louis; J.D., Harvard Law School; Ph.D. (Philosophy), University of California, Los Angeles. I would like to thank Rehan Abeyratne, Marlon Arias, Yochai Benkler, Julie E. Cohen, Norman Daniels, Caroline DeCell, Clark Donley, Taylor Doran, Daniela Dover, Kyle Doyle, William W. Fisher III, Laura Gillespie, Robert D. Goldstein, Ashley Gorski, Barbara Herman, Pamela Hieronymi, Melissa Hughs, Brian Hutler, Felipe Jiménez, A.J. Julius, Sabrina M. Karim, Amber Kavka-Warren, Sydney Kim, Zoë Johnson King, Roy Kreitner, Kevin Lande, Yang Liu, Suzanne M. Love, Lisa McJohn, Piera Maurizio, Frank I. Michelman, Neil Weinstock Netanel, C. Thi Nguyen, David Nimmer, Calvin G. Normore, Yogesh Pai, Gustavo Ribeiro, Henry S. Richardson, Megan Robb, Ayana Samuel, Nick Schwieterman, Seana Valenine Sifrin rian M. Sudniberg Jordan WallaceWol and audiences a the UCLA Law School, Jindal Global Law School, National University of Law Jodhpur, UCLA Legal and Political Philosophy Mini-Conference, UCLA Ethics Workshop, UCLA Albritton Society, and Harvard Graduate Legal Philosophy Colloquium for their insightful comments. I would also like to thank the editors of the Northeastern University Law Review, and Maxwell Dismukes in particular, for their many helpful suggestions, which have improved this article both substantively and stylistically. I am grateful to Harvard Law School for supporting my research with a Summer Academic Fellowship. 402 Gingerich Table of Contents INTRODUCTION ............................................................................. -
Between Semiotic Democracy and Disobedience: Two Views of Branding, Culture and Intellectualproperty
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2012 Between Semiotic Democracy and Disobedience: Two views of Branding, Culture and IntellectualProperty Sonia K. Katyal Fordham University School of Law, [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the First Amendment Commons, and the Intellectual Property Law Commons Recommended Citation Sonia K. Katyal, Between Semiotic Democracy and Disobedience: Two views of Branding, Culture and IntellectualProperty, 4 Wipo J. Intell. Prop. 50 (2012) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/618 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Between Semiotic Democracy and Disobedience: Two views of Branding, Culture and Intellectual Property Sonia K. Katyal* Joseph M. McLaughlin Professor of Law, Fordham University School of Law Brand names; Civil disobedience; Culture; Democracy; Intellectual property Nearly 20 years ago, a prominent media studies professor, John Fiske, coined the term “semiotic democracy” to describe a world where audiences freely and widely engage in the use of cultural symbols in response to the forces of media.1 A semiotic democracy enables the audience, to a varying degree, to “resist”, “subvert” and “recode” certain cultural symbols to express meanings that are different from the ones intended by their creators, thereby empowering consumers, rather than producers.2 At the time, Fiske’s concept was revolutionary; it promised a complete reversal of the monopolistic hierarchy of the author and the presumed passivity of the audience in receiving meaning. -
The Dilution of Culture and the Law of Trademarks
File: Assaf_Dec2_2.doc Created on: 12/2/2008 10:28:00 PM Last Printed: 12/2/2008 11:15:00 PM 1 THE DILUTION OF CULTURE AND THE LAW OF TRADEMARKS KATYA ASSAF* ABSTRACT The cultural meaning of a trademark is built up by creating associative links between the mark and various positive cultural signs such as freedom, youth and happiness. This article argues that these links are reciprocal. That is, while the trademark begins to carry some of the meaning of the cultural signs it has been linked to, these cultural signs also absorb some of the meaning of the mark. This article develops a semiotic model, which helps to analyze the flow of meaning from non-commercial cultural signs into trademarks and from trademarks into other contexts. It argues that, by protecting the cultural mean- ing of trademarks, the legal system encourages the commercialization of culture and reinforces the dominance of consumer culture in our society. * Lecturer, Faculty of Law, the Hebrew University of Jerusalem. I would like to thank Yoav Dotan, David Enoch, Rinat Kitai-Sangero, Annette Kur, Marshall Allin Leaffer, Mark Lem- ley, Daphna Lewinsohn-Zamir, Ira Pinto, Michal Shur-Ofry, Rebecca Tushnet, Katja Weckström, Steven Wilf, Julia Zakharov, Helena Zakowska-Henzler and Eyal Zamir for their helpful comments, insights and suggestions. Volume 49—Number 1 File: Assaf_Dec2_2.doc Created on: 12/2/2008 10:28:00 PM Last Printed: 12/2/2008 11:15:00 PM 2 IDEA—The Intellectual Property Law Review INTRODUCTION ................................................................................................... 2 I. AN ANALYTICAL SEMIOTIC MODEL .................................................... 6 II. THE DILUTION OF CULTURE.............................................................. -
Cybercommunities, Postmodern Aesthetics, and Political Musicking of Multimedia Mashups
THE CREATION AND MEDIATION OF POLITICAL TEXTS IN VIRTUAL SPACES: CYBERCOMMUNITIES, POSTMODERN AESTHETICS, AND POLITICAL MUSICKING OF MULTIMEDIA MASHUPS M.A. THESIS Presented in Partial Fulfillment of the Requirements for the Degree Master of Arts in the Graduate School of The Ohio State University By Lindsay M. Bernhagen, B.A., M.A. ***** The Ohio State University 2008 Master‘s Thesis Committee: Professor Danielle Fosler-Lussier, Adviser Approved by Professor Daniel Avorgbedor Professor David Staley ______________________ Adviser Music Graduate Program ABSTRACT In the face of increasing consolidation of the radio market, a more conservative political climate, and growing sensitivity to public dissent in the wake of the Patriot Act, there has been a dearth of anti-war music in the mass music market since 2001. While country radio has provided a platform for the musical articulation of pro-war positions, YouTube, a video-sharing website, has become a place where the increasingly individual experience of listening to anti-war music can be supplemented with more communal listening. On YouTube, users on both sides of the war debate can create their own political mashups, a medium comprised of mixed audio samples and/or mixed video samples preserved for public consumption. Observing the behavior as a silent participant on the message boards corresponding to mashups of Toby Keith‘s ―Courtesy of the Red, White, and Blue (The Angry American)‖ and John Lennon‘s ―Imagine,‖ I demonstrate that political communities with specific communication and aesthetic values are being formed around these multimedia signs. Online communities offer a somewhat more democratic alternative for public articulation of political positions; however, the rhetoric of the online communities and of the larger musical-political climate post-9/11 is considerably parallel. -
First Amendment Limits on Copyright
Vanderbilt Law Review Volume 55 Issue 3 Issue 3 - April 2002 Article 3 4-2002 First Amendment Limits on Copyright C. Edwin Baker Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the First Amendment Commons, and the Intellectual Property Law Commons Recommended Citation C. Edwin Baker, First Amendment Limits on Copyright, 55 Vanderbilt Law Review 891 (2002) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol55/iss3/3 This Note is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. ESSAY First Amendment Limits on Copyright C. Edwin Baker* INTRODUCTION .................................................................... 892 II. SPEECH CLAUSE LIMITS ON COPYRIGHT .............................. 899 III. THREE POSSIBLE COPYRIGHT-RELEVANT RATIONALES FOR RESTRICTING SPEECH FREEDOM ......................................... 905 A. No Right to Use Another's Property......................... 905 B. Intentional Harms Without Mental Intermediation ......................................................... 908 C. The Moral Economy of Speech ................................. 911 IV. COPYRIGHT AND THE PRESS CLAUSE ................................... 919 V. QUESTIONABLE CONTENT-BASED REGULATION? ....... 922 VI. CONTENT DISCRIMINATION AND THE PRESS CLAUSE .......... 933 VII. PRESS CLAUSE LIMITS ON COPYRIGHT ............................... -
Expressive Capital Curtis 1 Introduction the End of the Cold
Expressive Capital Curtis Introduction The end of the Cold War and the fall of the Soviet block was the essential proof needed to solidify capitalism and liberal state democracy as the epitome of the superiority of the western political order; coupled with the increase in democratic states throughout the 1990s.1 In the 21st Century, however, which began with the United States’ (and its allies) invasions of Afghanistan and Iraq in 2001 and 2003, we once again witness the forcible application of this state democracy that was so prominent during the Cold War. The arguments of the Bush Administration, that the United States is freeing the people of Iraq and needed to bring democracy to them, exposes the contradiction in state democracy. With the logic of come to democracy or democracy will come to you.2 As in a political system that is based on the inherit power of the people is used to invade, kill, and ensnare the very people this system is based upon. How is it that democracy has come to mean the invasion and suppression of people? Within the enforcement of democracy at the international level, if the gaze is turned inward, it is possible to observe and analyze the nature of this state democratic order. Using the work of Jacque Rancière, the United States democratic order is not only undemocratic, it perpetuates an post-political order— typically, procedurally within the United States and violently internationally. Furthermore, this post-democratic order creates an electoral habitus within it citizenry, in which the each citizen is already accounted for and therefore can be included into the political procedure of elections. -
Semiotic Disobedience
Washington University Law Review VOLUME 84 NUMBER 3 2006 SEMIOTIC DISOBEDIENCE ∗ SONIA K. KATYAL “[T]he nation and the world are in dire need of creative extremists.”1 —Dr. Martin Luther King Jr., Letter from Birmingham Jail INTRODUCTION Nearly twenty years ago, a prominent media studies professor, John Fiske, coined the term “semiotic democracy” to describe a world where audiences freely and widely engage in the use of cultural symbols in response to the forces of media.2 A semiotic democracy enables the audience, to a varying degree, to “resist,” “subvert,” and “recode” certain ∗ Associate Professor, Fordham University School of Law. This Article was awarded an Honorable Mention in the 2006 Scholarly Papers Competition, American Association of Law Schools. For helpful comments and conversation at various stages in this project, the author thanks Amy Adler, Ann Bartow, Barton Beebe, Christine Bohannan, Devon Carbado, Julie Cohen, Elizabeth Cooper, Reza Dibadj, Matthew Diller, Graeme Dinwoodie, Christine Farley, John Farmer, Robin Feldman, Llew Gibbons, Abner Greene, Laura Heymann, Hugh Hansen, Justin Hughes, Neal Katyal, Sudhir Krishnaswamy, Roberta Kwall, Michael Landau, Lawrence Lessig, Lawrence Liang, Michael Madison, Eduardo Peñalver, Achal Prabhala, Margaret Jane Radin, Lisa Ramsey, Joel Reidenberg, Darren Rosenblum, Rebecca Tushnet, Gerald Torres, Siva Vaidhyanathan, Fred von Lohmann, Rob Walker, the Intellectual Property Scholars Conference at Cardozo Law School (August 2005), the participants of the Intellectual Property Seminar at Boalt Law School (Fall 2005), and the Alternative Law Forum in Bangalore, India (December 2005). The author wishes to thank Susan Freiwald, John Adler, and the faculty and administration at University of San Francisco Law School for being such generous hosts during the fall of 2006, as well as Pamela Samuelson and Boalt Law School for welcoming me as a visiting scholar during that time. -
Resisting Copyright and Promoting Alternatives
RESISTING THE RESISTANCE: RESISTING COPYRIGHT AND PROMOTING ALTERNATIVES Giancarlo F. Frosio ABSTRACT This article discusses the resistance to the Digital Revolution and the emergence of a social movement “resisting the resistance.” Mass empowerment has political implications that may provoke reactionary counteractions. Ultimately—as I have discussed elsewhere— resistance to the Digital Revolution can be seen as a response to Baudrillard’s call to a return to prodigality beyond the structural scarcity of the capitalistic market economy. In Baudrillard’s terms, by increasingly commodifying knowledge and expanding copyright protection, we are taming limitless power with artificial scarcity to keep in place a dialectic of penury and unlimited need. In this paper, I will focus on certain global movements that do resist copyright expansion, such as creative commons, the open access movement, the Pirate Party, the A2K movement and cultural environmentalism. A nuanced discussion of these campaigns must account for the irrelevance of copyright in the public mind, the emergence of new economics of digital content distribution in the Internet, the idea of the death of copyright, and the demise of traditional gatekeepers. Scholarly and market alternatives to traditional copyright merit consideration here, as well. I will conclude my review of this movement “resisting the resistance” to the Digital Revolution by sketching out a roadmap for copyright reform that builds upon its vision. I. INTRODUCTION In The Creative Destruction of Copyrights, Raymond Ku applied for the first time the metaphor of the “wind of creative destruction”—made famous by Joseph Schumpeter— to the Digital Revolution.1 According to Schumpeter, the “fundamental impulse that sets and keeps the capitalist engine in motion” is the process of creative destruction which “incessantly revolutionises the economic structure by incessantly destroying the old one, incessantly creating a new one.”2 Traditional business models’ resistance to technological innovation unleashed the wind of creative destruction. -
A Call for Rethinking Cultural Studies
BEYOND CELEBRATION: A CALL FOR RETHINKING CULTURAL STUDIES Carolyn Lea A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2007 Committee: Dr. Ellen Berry, Advisor Dr. Nancy C. Patterson Graduate Faculty Representative Dr. Donald McQuarie Dr. Ewart Skinner © 2007 Carolyn Lea All Rights Reserved iii ABSTRACT Dr. Ellen Berry, Advisor This is a polemical dissertation which seeks to serve as an intervention into the theoretical debates and tensions within cultural studies. These debates, which have taken place over the last few decades, have centered on the populist bent within cultural studies, the turn away from the concerns of political economy, and the influence of French theories that emphasize signification, play, and relativism. At stake in these debates is our way of understanding the world and imagining it differently. I argue that the celebratory direction found in much of the work by cultural studies scholars in which resistance, subversion and transgression are located in all things popular has led to an expressivist politics which lacks explanatory power and is symptomatic of a loss of political will. This dissertation critiques three particular directions that exemplify the celebratory turn: claims regarding transgression; claims regarding audience activity; and celebratory accounts of consumption. Chapter one provides an exposition of the debates that have plagued cultural studies, laying the ground for later arguments. Chapter two provides an introduction to reality television which is enlisted as a cultural symptom through which to interrogate weaknesses in theoretical positions (in chapters three through five) adopted by cultural studies scholars and strengths in alternative theoretical legacies. -
The Public Good in Poetic Justice
THE PUBLIC GOOD IN POETIC JUSTICE Sonia K. Katya[* I have learned much about the meaning of the word "indestructible" from studying the work of artist Felix Gonzalez-Torres. In 2005, I saw one of his pieces for the first time. My father had just died and my mother was now alone. To ease our sadness, we went to the Art Institute of Chicago. The work was titled "Untitled" (Portrait of Ross in L.A.), and it consisted of a pile-seemingly endless-of cellophane-wrapped candies, all in glistening primary colors, each one more shiny, glorious, and sweeter than the next. Of course, the work was far from endless. Or maybe it was. As I later learned, the candies had been carefully cali brated to match the one-hundred-and-seventy-five-pound body weight of Ross Laycock, the artist's life partner, when he was healthy. The candies were meant to be replenished daily, as a kind of metaphor for endless love and the perpetuity of life. It was made in 1991, the same year Ross died of AIDS. As Gonzalez-Torres taught us, mourning is a deeply personal emo tion, but "Untitled" (Portrait of Ross in L.A.) makes grief a simultane ously individual and collective experience; something bittersweet, intimate, and subtly political. My mother and I unwrapped our candies, placed them in our mouths, and watched as others did the same; and through these acts of consumption and replenishment, Gonzalez-Torres' great love, Ross, was reborn, again and again. His message was made all the more notable because the work was made by a Cuban gay man who, at the time, did not have a legal right to privacy, let alone the right to marry, and certainly didn't have access to the same level of health care as an HIV-positive man-that the rest of society enjoyed. -
The Public Good in Poetic Justice Sonya K
Cornell Journal of Law and Public Policy Volume 26 Article 6 Issue 3 Spring 2017 The Public Good in Poetic Justice Sonya K. Katyal Follow this and additional works at: http://scholarship.law.cornell.edu/cjlpp Part of the Law Commons Recommended Citation Katyal, Sonya K. (2017) "The ubP lic Good in Poetic Justice," Cornell Journal of Law and Public Policy: Vol. 26 : Iss. 3 , Article 6. Available at: http://scholarship.law.cornell.edu/cjlpp/vol26/iss3/6 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Journal of Law and Public Policy by an authorized editor of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. \\jciprod01\productn\C\CJP\26-3\CJP306.txt unknown Seq: 1 18-MAY-17 15:09 THE PUBLIC GOOD IN POETIC JUSTICE Sonia K. Katyal* I have learned much about the meaning of the word “indestructible” from studying the work of artist F´elix Gonz´alez-Torres. In 2005, I saw one of his pieces for the first time. My father had just died and my mother was now alone. To ease our sadness, we went to the Art Institute of Chicago. The work was titled “Untitled” (Portrait of Ross in L.A.), and it consisted of a pile—seemingly endless—of cellophane-wrapped candies, all in glistening primary colors, each one more shiny, glorious, and sweeter than the next. Of course, the work was far from endless.