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Intellectual Property and Entertainment Law Ledger
NEW YORK UNIVERSITY INTELLECTUAL PROPERTY AND ENTERTAINMENT LAW LEDGER VOLUME 1 WINTER 2009 NUMBER 1 MIXED SIGNALS: TAKEDOWN BUT DON’T FILTER? A CASE FOR CONSTRUCTIVE AUTHORIZATION * VICTORIA ELMAN AND CINDY ABRAMSON Scribd, a social publishing website, is being sued for copyright infringement for allowing the uploading of infringing works, and also for using the works themselves to filter for copyrighted work upon receipt of a takedown notice. While Scribd has a possible fair use defense, given the transformative function of the filtering use, Victoria Elman and Cindy Abramson argue that such filtration systems ought not to constitute infringement, as long as the sole purpose is to prevent infringement. American author Elaine Scott has recently filed suit against Scribd, alleging that the social publishing website “shamelessly profits” by encouraging Internet users to illegally share copyrighted books online.1 Scribd enables users to upload a variety of written works much like YouTube enables the uploading of video * Victoria Elman received a B.A. from Columbia University and a J.D. from Benjamin N. Cardozo School of Law in 2009 where she was a Notes Editor of the Cardozo Law Review. She will be joining Goodwin Procter this January as an associate in the New York office. Cindy Abramson is an associate in the Litigation Department in the New York office of Morrison & Foerster LLP. She recieved her J.D. from the Benjamin N. Cardozo School of Law in 2009 where she completed concentrations in Intellectual Property and Litigation and was Senior Notes Editor of the Cardozo Arts & Entertainment Law Journal. The views expressed in this article are those of the authors and do not reflect the official policy or position of Morrison & Foerster, LLP. -
Youtube and the Vernacular Rhetorics of Web 2.0
i REMEDIATING DEMOCRACY: YOUTUBE AND THE VERNACULAR RHETORICS OF WEB 2.0 Erin Dietel-McLaughlin 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 August 2010 Committee: Kristine Blair, Advisor Louisa Ha Graduate Faculty Representative Michael Butterworth Lee Nickoson ii ABSTRACT Kristine Blair, Advisor This dissertation examines the extent to which composing practices and rhetorical strategies common to ―Web 2.0‖ arenas may reinvigorate democracy. The project examines several digital composing practices as examples of what Gerard Hauser (1999) and others have dubbed ―vernacular rhetoric,‖ or common modes of communication that may resist or challenge more institutionalized forms of discourse. Using a cultural studies approach, this dissertation focuses on the popular video-sharing site, YouTube, and attempts to theorize several vernacular composing practices. First, this dissertation discusses the rhetorical trope of irreverence, with particular attention to the ways in which irreverent strategies such as new media parody transcend more traditional modes of public discourse. Second, this dissertation discusses three approaches to video remix (collection, Detournement, and mashing) as political strategies facilitated by Web 2.0 technologies, with particular attention to the ways in which these strategies challenge the construct of authorship and the power relationships inherent in that construct. This dissertation then considers the extent to which sites like YouTube remediate traditional rhetorical modes by focusing on the genre of epideictic rhetoric and the ways in which sites like YouTube encourage epideictic practice. Finally, in light of what these discussions reveal in terms of rhetorical practice and democracy in Web 2.0 arenas, this dissertation offers a concluding discussion of what our ―Web 2.0 world‖ might mean for composition studies in terms of theory, practice, and the teaching of writing. -
ENG 350 Summer12
ENG 350: THE HISTORY OF HIP-HOP With your host, Dr. Russell A. Potter, a.k.a. Professa RAp Monday - Thursday, 6:30-8:30, Craig-Lee 252 http://350hiphop.blogspot.com/ In its rise to the top of the American popular music scene, Hip-hop has taken on all comers, and issued beatdown after beatdown. Yet how many of its fans today know the origins of the music? Sure, people might have heard something of Afrika Bambaataa or Grandmaster Flash, but how about the Last Poets or Grandmaster CAZ? For this class, we’ve booked a ride on the wayback machine which will take us all the way back to Hip-hop’s precursors, including the Blues, Calypso, Ska, and West African griots. From there, we’ll trace its roots and routes through the ‘parties in the park’ in the late 1970’s, the emergence of political Hip-hop with Public Enemy and KRS-One, the turn towards “gangsta” style in the 1990’s, and on into the current pantheon of rappers. Along the way, we’ll take a closer look at the essential elements of Hip-hop culture, including Breaking (breakdancing), Writing (graffiti), and Rapping, with a special look at the past and future of turntablism and digital sampling. Our two required textbook are Bradley and DuBois’s Anthology of Rap (Yale University Press) and Neal and Forman’s That's the Joint: The Hip-Hop Studies Reader are both available at the RIC campus store. Films shown in part or in whole will include Bamboozled, Style Wars, The Freshest Kids: A History of the B-Boy, Wild Style, and Zebrahead; there will is also a course blog with a discussion board and a wide array of links to audio and text resources at http://350hiphop.blogspot.com/ WRITTEN WORK: An informal response to our readings and listenings is due each week on the blog. -
View Full Article
ARTICLE ADAPTING COPYRIGHT FOR THE MASHUP GENERATION PETER S. MENELL† Growing out of the rap and hip hop genres as well as advances in digital editing tools, music mashups have emerged as a defining genre for post-Napster generations. Yet the uncertain contours of copyright liability as well as prohibitive transaction costs have pushed this genre underground, stunting its development, limiting remix artists’ commercial channels, depriving sampled artists of fair compensation, and further alienating netizens and new artists from the copyright system. In the real world of transaction costs, subjective legal standards, and market power, no solution to the mashup problem will achieve perfection across all dimensions. The appropriate inquiry is whether an allocation mechanism achieves the best overall resolution of the trade-offs among authors’ rights, cumulative creativity, freedom of expression, and overall functioning of the copyright system. By adapting the long-standing cover license for the mashup genre, Congress can support a charismatic new genre while affording fairer compensation to owners of sampled works, engaging the next generations, and channeling disaffected music fans into authorized markets. INTRODUCTION ........................................................................ 443 I. MUSIC MASHUPS ..................................................................... 446 A. A Personal Journey ..................................................................... 447 B. The Mashup Genre .................................................................... -
Plunderphonics – Plagiarismus in Der Musik
Plagiat und Fälschung in der Kunst 1 PLUNDERPHONICS – PLAGIARISMUS IN DER MUSIK PLUNDERPHONICS – PLAGIARISMUS IN DER MUSIK Durch die Erfindung der Notenschrift wurde Musik versprachlicht und damit deren Beschreibung mittelbar. Tonträger erlaubten es, Interpretationen, also Deutungen dieser sprachlichen Beschreibung festzuhalten und zu reproduzieren. Mit der zunehmenden Digitalisierung der Informationen und somit der Musik eröffneten sich im 20. Jahrhundert neue Möglichkeiten sowohl der Schaffung als auch des Konsums der Musik. Eine Ausprägung dieses neuen Schaffens bildet Plunderphonics, ein Genre das von der Reproduktion etablierter Musikstücke lebt. Diese Arbeit soll einen groben Überblick über das Genre, deren Ursprünge und Entwicklung sowie einigen Werken und thematisch angrenzenden Musik‐ und Kunstformen bieten. Es werden rechtliche Aspekte angeschnitten und der Versuch einer kulturphilosophischen Deutung unternommen. 1.) Plunderphonics und Soundcollage – Begriffe und Entstehung Der Begriff Plunderphonics wurde vom kanadischen Medienkünstler und Komponisten John Oswald geprägt und 1985 in einem bei der Wired Society Electro‐Acoustic Conference in Toronto vorgetragenen Essay zuerst verwendet [1]. Aus musikalischer Sicht stellt Plunderphonics hierbei eine aus Fragmenten von Werken anderer Künstler erstellte Soundcollage dar. Die Fragmente werden verfälscht, beispielsweise in veränderter Geschwindigkeit abgespielt und neu arrangiert. Hierbei entsteht ein Musikstück, deren Bausteine zwar Rückschlüsse auf das „Ursprungswerk“ erlauben, dessen Aussage aber dem „Original“ zuwiderläuft. Die Verwendung musikalischer Fragmente ist keine Errungenschaft Oswalds. Viele Musikstile bedienen sich der Wiederaufnahme bestehender Werke: Samples in populär‐ und elektronischer Musik, Riddims im Reggae, Mash‐Ups und Turntablism in der Hip‐Hop‐Kultur. Soundcollagen, also Musikstücke, die vermehrt Fragmente verwenden, waren mit dem Fortschritt in der Tontechnik möglich geworden und hielten Einzug in den Mainstream [HB2]. -
The Maroon Tiger MOREHOUSE COLLEGE ATLANTA, GEORGIA
The Organ ofStudent Expression Serving Morehouse College Since 1898 The Maroon Tiger MOREHOUSE COLLEGE ATLANTA, GEORGIA m THIS EDITION New Student Orientation Recap emony. Students were left with Morehouse College Welcomes the Class of2006 the charge to take on all that had been placed before them. Nick Sneed tions depicting Morehouse Campus News of and contributors to society. Although tears were shed by Contributing Writer College history, including As the week went on, parents and students alike, Campus Safety noted alumni, past presidents "We don't need no students and parents received there was not a need for them and institutional goals. The hours to rock information about the various in essence. the house!" During T h "The Expecta Morehouse tions of a College Morehouse 4rts & Entertainment of 2006 Man" session, alumnus Dr. Trick Daddy and Trina Re- rived on cam ’ Calvin Mackey views pus Tuesday, August 20, told the story of some 800 stu how he and his dents strong, mother parted as the N ways his first f year at Page 7 Student Ori- entation Morehouse. As Features (NSO) staff she departed he shed a tear. She lead about Soul Vegetarian we 1 c o m e d saw him in her —more than a restaurant them to "The House." rearview mirror Page 8 The and turned the weeklong fes- car around. She went back to tivities offi where he was cially began standing and that evening asked why he in front of was crying. He Pius Kilgore Hall. told her that he The entire Senate Hopeful Ron Kirk was sad to see class formed a her go. -
Joe Matheny, a Founding Father Culture Jammer, Was Kind Enough to Give What He Called His "Last Interview" Online to Escape
9/11/2014 escape.htm Joe Matheny, a founding father Culture Jammer, was kind enough to give what he called his "last interview" online to Escape. Now happily working towards his pension in an anonymous programmer's job, Joe famously spammed the White House with a bunch of email frogs and caused uproar in American media society with his many japes. But why did it get all serious? And why are none of the original CJers talking to each other? What follows is the unedited version of the interview published in December 1997's Escape. All the hotlinks are Joe's. So who started Culture Jamming as a phenomenon, and why? Boy, that's a loaded question! No, really. It depends on who you ask. Personally I trace the roots of media pranking, or "culture jamming" as it's known these days, to people like Orson Welles and his famous "War of the Worlds" broadcast in America, or even his lesser known film "F is for Fake". More recently, a scientist by the name of Harold Garfinkle conducted something called breaching experiments, in which he studied the flexbility of peoples belief systems by fabricating stories and then guaging peoples reaction to them.He called this field of study Ethnomethodology and popularized it in his book Studies in Ethnomethodology. Garfinkle would incrementally make the his stories wilder and more speculative until the subjects would finally reach a point of disbelief. (in other words Garfinkle perpetrated lies, and then "pushed the envelope" with his subjects) In the 60s CJ was taken to a whole new level by two very differnet groups. -
Helter Skelter” and Sixties Revisionism “Helter Skelter” Et L'héritage Polémique Des Années 1960
Volume ! La revue des musiques populaires 9 : 2 | 2012 Contre-cultures n°2 “Helter Skelter” and Sixties Revisionism “Helter Skelter” et l'héritage polémique des années 1960 Gerald Carlin and Mark Jones Electronic version URL: http://journals.openedition.org/volume/3407 DOI: 10.4000/volume.3407 ISSN: 1950-568X Printed version Date of publication: 15 December 2012 Number of pages: 34-49 ISBN: 978-2-913169-33-3 ISSN: 1634-5495 Electronic reference Gerald Carlin and Mark Jones, « “Helter Skelter” and Sixties Revisionism », Volume ! [Online], 9 : 2 | 2012, Online since 15 June 2014, connection on 10 December 2020. URL : http:// journals.openedition.org/volume/3407 ; DOI : https://doi.org/10.4000/volume.3407 This text was automatically generated on 10 December 2020. L'auteur & les Éd. Mélanie Seteun “Helter Skelter” and Sixties Revisionism 1 “Helter Skelter” and Sixties Revisionism “Helter Skelter” et l'héritage polémique des années 1960 Gerald Carlin and Mark Jones EDITOR'S NOTE This text was published in Countercultures & Popular Music (Farnham, Ashgate, 2014), while its French translation appeared in this issue of Volume! in 2012. “Helter Skelter” and the End of the Sixties Volume !, 9 : 2 | 2012 “Helter Skelter” and Sixties Revisionism 2 1 In late August 1968, within a few days of each other, new singles were released by the Beatles and the Rolling Stones. The unusual proximity of release dates by the world’s two most significant rock bands was echoed by the congruity of the songs’ themes: the Stones’ “Street Fighting Man” and the Beatles’ “Revolution” were both responses to the political unrest and protest which characterised the spring and summer of 1968. -
2. Mondo 2000'S New Media Cool, 1989-1993
UvA-DARE (Digital Academic Repository) The web as exception: The rise of new media publishing cultures Stevenson, M.P. Publication date 2013 Link to publication Citation for published version (APA): Stevenson, M. P. (2013). The web as exception: The rise of new media publishing cultures. General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:02 Oct 2021 2. Mondo 2000’s new media cool, 1989-1993 To understand how it was possible for the web to be articulated as an exceptional medium when it surfaced in the 1990s - that is, as a medium that would displace its mass and mainstream predecessors while producing web-native culture - one must see the historical and conceptual ties between web exceptionalism and cyberculture. -
Artivismo in Rete. Le Beffe Degli Anni Dieci Martina Coletti D’ARS Magazine
Artivismo in rete. Le beffe degli anni Dieci Martina Coletti D’ARS Magazine Abstract Questo intervento prende le mosse da un articolo uscito sul trimestrale D’ARS nel 2010 dedicato ad alcune operazione artistiche ascrivibili all’ambito del media attivismo di quegli anni in Italia, con par- ticolare riferimento a pratiche, riflessioni critiche e strumenti mutuati dal web e ascrivibili al feno- meno dell’hacktivism e dell’hacking sociale. Il termine “net.art” definisce nel campo dell’arte molti dei lavori trattati. Tra le dinamiche più ricorrenti si ritrova il détournement, l’irriverenza del gesto dada che si insinua negli ingranaggi delle macchine del potere per ridimensionarne la portata e dare spazio all’immaginazione. Il testo ricostruisce il periodo partendo dai netartisti 0100101110101101.org e dalla vicenda del Conflitto di Tirana; più specificatamente sul terreno dell’artivismo si ripercorrono alcune delle operazioni condotte da Les Liens Invisible, mentre con AOS – Art Is Open Source si apre il versante della riappropriazione di linguaggi e strumenti. This contribution is based on an article published in 2010 by D’ARS magazine about media activism art performances going on in Italy in those years, which referred to experiences, critical debate and tools around the web, and relating to hacktivism and social hacking. The expression "net.art" applies to many of the works dealt with. Among the most frequent practices, we have détournement, the irreverent dadaist gesture against the establishment apparatus, which aims to downsize its power and give way to imagination. The contribution retraces those experiences starting from netartists 0100101110101101.org and the Conflitto di Tirana performance. -
POST EXAMINER FINAL Full Thesis Compile No 2A W Table of Contents
What happens next? Imaginative presence in Gary Peacock and Lee Konitz: Divergent fields, audiation, and the unexpected A thesis submitted for the degree of Master of Philosophy of the Australian National University June, 2016 Benjamin I R Robertson © Copyright by Benjamin I R Robertson, 2016 All Rights Reserved STATEMENT OF ORIGINALITY This is to certify that the content of this thesis is my own work. This thesis has not been submitted for any degree or other purposes. I certify that the intellectual content of this thesis is the product of my own work and that all the assistance received in preparing this thesis and sources have been acknowledged. BEN ROBERTSON i ACKNOWLEDGEMENTS Thanks are due in no small part to my main supervisor, Doctor Kate Bowan, for her invaluable input and guidance in writing this thesis, as well as Professor Paul Pickering, Doctors David Irving, Alexander Hunter and John Mackey for their supervisory counsel. I would like to also acknowledge the early input of Mike Price, who got me started in this process and encouraged me to pursue the themes in the title. Thanks are due to the ANU Melbourne reading group, and its sage advisor, Professor Paul Pickering, who all offered valuable feedback to me on my writing. I would like to thank Miroslav Bukowsky for encouraging me to examine my own improvising processes, and Mark Williamson for reading early drafts and offering helpful counter-arguments. I would also like to thank Danny Fischer for helpful comments on early chapters and Chris Sommervelle for keeping the themes of aural development in focus, via robust discussion and debate. -
Stevie Ray Vaughan
An the Bullcrafe news US~ that's tH paldpennlt to pitch no. 2419 C' PITCtI KCMO February '1986 Kansas City's ffee music and entertainment newspaper Issue 62 A Texas tidal wave Blues, rock, rarb, ballads, you name it from the latest- Hammond discovery the Chantones, Blackbird and Nightcrawlers. by Roger Naber His senior year of high school, he dropped out He's been the most talked-about guitarist in and left his hometown of Dallas in the early 70s. blues and rock circles for the last three years. He followed his brother Jimmie to AUstin, which He dominated reader's and critic's polls in has been his home base ever since. various magazines. For the last two years he has From 1975-77 Stevie played with Austin's been the recipient of "Best Blues Instrumentalist" most popular r&b club band, the Cobras. He at the W.C. Handy Awards in Memphis. And then formed his own r&b revue, Triple Threat, there is no indication that the crest Stevie Ray which featured vocaUst Lu Ann Barton. In ear ~ Vaughan is riding is ready to level off. ly '81 Lu Ann quit the band in the middle of I first met the guitar genius four-and-a-half a tour, and that forced Vaughan to take over years ago. After spending several weeks trying lead vocals. He regrouped the band and named to locate him, I hired Vaughan and his band it Double Trouble pr an Otis Rush song. The Double Trouble to perform at HarUng's. The group consisted of Tommy Shannon on elec man who urged me to book him was his older tric bass and Chris Layton on drums.