A Critical Examination of the Pornography Debate
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Copyright Law and the Commoditization of Sex
COPYRIGHT LAW AND THE COMMODITIZATION OF SEX Ann Bartow* I. COPYRIGHT LAW PERFORMS A STRUCTURAL ROLE IN THE COMMODITIZATION OF SEX ............................................................................ 3 A. The Copyrightable Contours of Sex ........................................................ 5 B. Literal Copying is the Primary Basis for Infringement Allegations Brought by Pornographers ................................................ 11 1. Knowing Pornography When One Sees It ...................................... 13 C. Sex Can Be Legally Bought and Sold If It Is Fixed in a Tangible Medium of Expression ........................................................................... 16 II. THE COPYRIGHT ACT AUTHORIZES AND FACILITATES NON- CONTENT-NEUTRAL REGULATION OF EXPRESSIVE SPEECH ........................ 20 III. HARMFUL PORNOGRAPHY IS ―NON-PROGRESSIVE‖ AND ―NON- USEFUL‖ ....................................................................................................... 25 A. Pornography as Cultural Construct ...................................................... 25 B. Toward a Copyright Based Focus on Individual Works of Pornography ......................................................................................... 35 1. Defining and Promoting Progress .................................................. 37 2. Child Pornography ......................................................................... 39 2. Crush Pornography ........................................................................ 42 3. “Revenge Porn” -
Pornification, Panic, and the Public Repositioning of Perversities 1
Notes 4 A New Normal? Pornification, Panic, and the Public Repositioning of Perversities 1. Australian SEXPO Health Sexuality and Lifestyle Expos are claimed by the creators Club X to be “the world’s largest adult show” (SEXPO, 2009, http://sexpo.com.au/). 2 . Bralettes are bra and underwear sets marketed to “tweens.” 3. While the findings of the inquiry do not utilize the term pornification per se, referring exclusively to the sexualization of children, it is justifi- able to consider this document because of the ways in which sexualiza- tion and pornification are used interchangeably in popular discourse. 4. Triple J is a long-running Australian free-to-air radio station, catering to young people, which also produced a series of TV shows “Triple J Hack Half Hour.” 5. SBS is an Australian government free to air broadcasting channel, which airs the weekly discussion/debate show Insight. 5 Young People, Knowledge, and Power 1 . Critical literacy is an educational technique that asks students to unpack and critically interrogate the meanings inherent in texts and representa- tions. It also aims to develop students’ understanding of the relation- ship between texts and power. 2 . Constructivist methodology is another educational pedagogy that is based on building knowledge from what the student already knows. 3. Each state school is asked to write a school context statement for the Department of Education website. 4. School Card is a system that provides financial assistance to economi- cally disadvantaged students. 6 LOL: Porn as Parody 1. “Two Girls One cup” is the trailer for a scatology pornographic film titled Hungry Bitches. -
Stardom: Industry of Desire 1
STARDOM What makes a star? Why do we have stars? Do we want or need them? Newspapers, magazines, TV chat shows, record sleeves—all display a proliferation of film star images. In the past, we have tended to see stars as cogs in a mass entertainment industry selling desires and ideologies. But since the 1970s, new approaches have explored the active role of the star in producing meanings, pleasures and identities for a diversity of audiences. Stardom brings together some of the best recent writing which represents these new approaches. Drawn from film history, sociology, textual analysis, audience research, psychoanalysis and cultural politics, the essays raise important questions for the politics of representation, the impact of stars on society and the cultural limitations and possibilities of stars. STARDOM Industry of Desire Edited by Christine Gledhill LONDON AND NEW YORK First published 1991 by Routledge 11 New Fetter Lane, London EC4P 4EE Simultaneously published in the USA and Canada by Routledge a division of Routledge, Chapman and Hall, Inc. 29 West 35th Street, New York, NY 10001 Routledge is an imprint of the Taylor & Francis Group This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” © 1991 editorial matter, Christine Gledhill; individual articles © respective contributors All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. -
March 2020 Part - 1
Volume 7, Issue 1 (VI) ISSN 2394 - 7780 January – March 2020 International Journal of Advance and Innovative Research (Conference Special) (Part - 1) Indian Academicians and Researchers Association www.iaraedu.com CyProbe A National Conference on Advanced Research in Computer Science and Information Technology Organised By Internal Quality Assurance Cell Department of Computer Science Department Information Technology Parle Tilak Vidyalaya Association's Mulund College of Commerce on 18th January 2020 Publication Partner Indian Academicians and Researcher’s Association Guest Editors of Special Issue Dr. Sonali Pednekar Principal PTVA’s Mulund College of Commerce, Mumbai Dr. K. G. Rajan Vice Principal PTVA's Mulund College of Commerce, Mumbai Dr. Hiren Dand Head Department of Information Technology PTVA’s Mulund College of Commerce, Mumbai About the Management Parle Tilak Vidyalaya Association A learned scholar, a great mathematician, philosopher, teacher and orator, Lokmanya Bal Gangadhar Tilak left for his heavenly abode on 1st August 1920. A group of eminent personalities and other residents of Parle made a commitment that they would continue the great work of Lokmanya Tilak . As the first step in this direction, they decided to start a school in Vile Parle. Thus on 9th June 1921, Parle Tilak Vidyalaya Associations Marathi Medium School began in One room with just 7 students. Eventually, Parle Tilak Vidyalaya (Marathi Medium) Primary and Secondary School was started in 1923.In June 2017 Parle Tilak Vidyalaya Association’s English Medium School (SSC curriculam ) was started at Andheri. The local stalwarts from Vile Parle contributed generously, despite difficult times to construct the school buildings. The Students strength increased and the management soon realized the need for facilities for higher education beyond school level. -
Documentary On
TV FICTION Details of all programmes nominated for PRIX EUROPA 2020 are based on the information provided by the submitting organisation. TV FICTION Programmes in Competition 2020 01 Vienna Blood Austria 02 Blackout Belgium 03 Actor Czech Republic 04 Traitor Estonia 05 Peacemaker Finland 06 Merkel Germany 07 The Turncoat - Part 1 Germany 08 The Windermere Children Germany 09 Unterleuten Germany 10 The Minister Iceland 11 My Brilliant Friend - The Story of a New Name Italy 12 ANNE+Sara The Netherlands 13 Bitch The Netherlands 14 22 July Norway 15 The Butler Poland 16 24 Land – The Spy Portugal 17 Spring on the Last Lake Serbia 18 Quarantine Diaries Spain 19 The Paradise Spain 20 Caliphate Sweden 21 Limboland Sweden 22 Labyrinth of Peace Switzerland 23 No. 47 - Sophie Switzerland 24 Anthony United Kingdom 26 Foodie Love Spain TV FICTION Vienna Blood, Episode 1 Vienna Blood Vienna Blood is set in 1900s Vienna: a hot bed of philosophy, science and art, where a clash of cultures and ideas play out in the city’s grand cafes and opera houses. Max Liebermann is a brilliant young English doctor, studying under the famed psychoanalyst Sigmund Freud. Max is keen to understand the criminal mind and begins to observe Oskar Rheinhardt, a Detective Inspector in the Vienna Police Department, who is struggling with a perplexing case. Max’s extraordinary skills of perception and forensics, and his deep understanding of human behaviour and deviance, help Oskar solve Vienna’s most mysterious cases. In ‘The Last Séance’ Junior doctor Max Liebermann is undertaking research in the new discipline of psychotherapy much to the disgust of his professor. -
Pornographic Film and Video: Gay Male by Joe A
Pornographic Film and Video: Gay Male by Joe A. Thomas Encyclopedia Copyright © 2015, glbtq, Inc. Entry Copyright © 2002, glbtq, Inc. Reprinted from http://www.glbtq.com Pornographic film and video have played an important role in gay male culture. Whereas heterosexual pornography has been accompanied by a serious stigma in the "straight" world, gay pornography has been characterized partly by the high esteem in which it is held in the gay male subculture. As a group that is both defined by its sexual activity and rejected by the majority culture for it, gay men have often seen in pornography an all-too-rare positive image of gay sexuality. Similarly, they have found in the exaggerated sexuality and marginal artistry of porn a campy rejection of the hierarchies of the heterosexual majority. As with straight pornography, gay male pornography can be divided into two categories, hardcore and softcore. Hardcore is the genre commonly associated with the term pornography. It includes explicit imagery of actual sexual activity to the point of climax, including visible penetration and ejaculation. Softcore is a less explicit alternative, generally focusing on nude or nearly nude bodies in sexual or sensual situations, but without views of penetration or visible climax. The sex is nearly always simulated in softcore, and it is often filmed with an emphasis on romance or mood. As porn diva Gloria Leonard once humorously proclaimed, "The difference between pornography and erotica is lighting." Because both the production and consumption of pornographic film and video are dependent on relatively high levels of technology, the genre's development has taken place primarily in the industrialized West. -
SOURCES I Am Grateful to the Editors and Publishers Who Have Given
SOURCES I am grateful to the editors and publishers who have given permission for the reprint of the papers in this volume. The original places of publication are as follows: Chapter One in H. K. Betz (ed.), Recent Approaches to the Social Sciences, University of Calgary Press, 1979, pp. 76-88; Chapter Two, Journal for the Theory of Social Behaviour, Volume 11, Number 3, October 1981, pp. 223-240; Chapter Three in R. S. Cohen and M. W. Wartofsky (eds.), 'Epistemology, Methodology, and the Social Sciences, Dordrecht: Reidel, 1983, pp. 107-21; Chapter Four, British Journal of Sociology, Volume 34, Number 1, March 1983, pp. 44-60; Chapter Five in Paul Levinson (ed.), In Pursuit of Truth, Atlantic Highlands, N. J.: Humanities Press, 1982, pp. 83-107; Chapter Six, The Philosophical Forum, Fall 1968, pp. 73-84; Chapter Seven, Philosophy of Science, Volume 34, September 1967, pp. 223-242; Chapter Eight, Annals of the American Academy of Political and Social Science, Monograph 5, Functionalism in the Social Sciences (ed.), D. Martindale, Philadelphia, February 1965, pp. 18-34; Chapter Nine in R. J. Seeger and R. S. Cohen (eds.), Philosophical Foundations of Science, Boston Studies in the Philosophy of Science, Volume XI, Dordrecht: Reidel 1974, pp. 317-24; Chapter Ten, Current Anthropology, Volume 10, Number 5, December 1969, pp. 505-8; Chapter Eleven, P. D. Asquith and P. Kitcher (eds.), PSA 1984, Volume 2, East Lansing, MI: Philosophy of Science Association, 1985, pp. 000-000; Chapter Twelve, American Anthropologist, Volume 77, Number 2, June 1975, pp. 253-66; Chapter Thirteen, Current Anthropology, Volume 17, Number 4, December 1976, pp. -
Linda Williams, 'Film Bodies: Gender, Genre and Excess'
Film Bodies: Gender, Genre, and Excess Author(s): Linda Williams Source: Film Quarterly, Vol. 44, No. 4 (Summer, 1991), pp. 2-13 Published by: University of California Press Stable URL: http://www.jstor.org/stable/1212758 Accessed: 21/11/2010 21:23 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=ucal. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. University of California Press is collaborating with JSTOR to digitize, preserve and extend access to Film Quarterly. http://www.jstor.org Contributors Linda Williams in this issue RichardAbel, author of two distin- Film Bodies: Gender, guished works on French film and theory, teaches at Drake University. -
Pornography.Pdf
This article appeared in a journal published by Elsevier. The attached copy is furnished to the author for internal non-commercial research and education use, including for instruction at the authors institution and sharing with colleagues. Other uses, including reproduction and distribution, or selling or licensing copies, or posting to personal, institutional or third party websites are prohibited. In most cases authors are permitted to post their version of the article (e.g. in Word or Tex form) to their personal website or institutional repository. Authors requiring further information regarding Elsevier’s archiving and manuscript policies are encouraged to visit: http://www.elsevier.com/copyright Author's personal copy Aggression and Violent Behavior 14 (2009) 323–329 Contents lists available at ScienceDirect Aggression and Violent Behavior The pleasure is momentary…the expense damnable? The influence of pornography on rape and sexual assault Christopher J. Ferguson a,⁎, Richard D. Hartley b a Department of Criminal Justice, Applied Sciences and Criminal Justice, Texas A&M International University, 5201 University Boulevard, Laredo, TX 78041, United States b University of Texas San Antonio, One UTSA Circle, San Antonio, TX 78249-1644, United States article info abstract Article history: The effects of pornography, whether violent or non-violent, on sexual aggression have been debated for Received 30 March 2009 decades. The current review examines evidence about the influence of pornography on sexual aggression in Received in revised form 7 April 2009 correlational and experimental studies and in real world violent crime data. Evidence for a causal Accepted 10 April 2009 relationship between exposure to pornography and sexual aggression is slim and may, at certain times, have Available online 18 April 2009 been exaggerated by politicians, pressure groups and some social scientists. -
AVN Beaver Street Review
AVN | February 2013 BOOK REVIEW | By Sharan Street Walk on the Wild Side Robert Rosen recounts his, long, strange trip down ‘Beaver Street’ Beaver Street: A History of Modern Pornography By Robert Rosen | Headpress, 2012 | Paperback, 224 pages Since 1983, the year AVN magazine came into being, the landscape in the adult industry has undergone more than a few seismic shifts. In Beaver Street: A History of Modern Pornography, author Robert Rosen gives eyewitness accounts of some of the earth-shaking events in the industry. He calls the book an investigative memoir, a term that describes the book’s “interplay of the personal and historical.” Rosen’s run in the industry lasted from 1983 to 1999, when he worked under the name Bobby Paradise as an editor of adult magazines—hundreds of titles, in fact, with such names as D-Cup, Plump & Pink and Blondes in Heat. The best-known of these—the flagships for the two companies at which he toiled—were High Society and Swank, which still maintain a toehold in today’s adult market. From his vantage point in the New York smut rag biz, Rosen saw the rise and fall of many a porn trend. In 1983 he walked in the doors of High Society, “unaware that I was stepping into ground zero of a new age of pornographic wealth and joining a revolution that was changing the face of commercial erotica—as well as society itself. I did not grasp the profound, and far- reaching implications of phone sex.” On his first day, Rosen perused news clips from such publications as Forbes and Fortune, reporting that “High Society was a visionary corporation run by Gloria Leonard, a media–savvy porn star/publisher who was now making millions of dollars with phone sex, an explosive new business that hadn’t existed two months earlier.” But the man really making the millions was the owner Carl Ruderman; even as the money flowed in he longed for respectability while simultaneously envying the success of his competition, Larry Flynt’s Hustler. -
Copyright Law and Pornography Ann Bartow Pace Law School, [email protected]
CORE Metadata, citation and similar papers at core.ac.uk Provided by DigitalCommons@Pace Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2012 Copyright Law and Pornography Ann Bartow Pace Law School, [email protected] Follow this and additional works at: http://digitalcommons.pace.edu/lawfaculty Part of the First Amendment Commons, Intellectual Property Law Commons, and the Sexuality and the Law Commons Recommended Citation Ann Bartow, Copyright Law and Pornography, 91 Or. L. Rev. 1 (2012), http://digitalcommons.pace.edu/lawfaculty/867/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. BARTOW 10/4/2012 2:20 PM OREGON 2012 VOLUME 91 LAW NUMBER 1 REVIEW Articles ANN BARTOW* Copyright Law and Pornography Abstract ................................................................................................ 2 Introduction .......................................................................................... 3 I. Copyright Law and the Commoditization of Sex ...................... 6 A. The Contours of Copyrightable Sex .......................................... 7 B. Literal Copying and Infringement Allegations ........................ 11 * Professor of Law, Pace University School of Law. B.S. Cornell University. J.D. University of Pennsylvania Law School. This Article benefited -
Copyright Law and Pornography
Pace University DigitalCommons@Pace Pace Law Faculty Publications School of Law 2012 Copyright Law and Pornography Ann Bartow Pace Law School Follow this and additional works at: https://digitalcommons.pace.edu/lawfaculty Part of the First Amendment Commons, Intellectual Property Law Commons, and the Sexuality and the Law Commons Recommended Citation Ann Bartow, Copyright Law and Pornography, 91 Or. L. Rev. 1 (2012), http://digitalcommons.pace.edu/ lawfaculty/867/. This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Faculty Publications by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. BARTOW 10/4/2012 2:20 PM OREGON 2012 VOLUME 91 LAW NUMBER 1 REVIEW Articles ANN BARTOW* Copyright Law and Pornography Abstract ................................................................................................ 2 Introduction .......................................................................................... 3 I. Copyright Law and the Commoditization of Sex ...................... 6 A. The Contours of Copyrightable Sex .......................................... 7 B. Literal Copying and Infringement Allegations ........................ 11 * Professor of Law, Pace University School of Law. B.S. Cornell University. J.D. University of Pennsylvania Law School. This Article benefited from several workshops including the University of Michigan Law School Intellectual Property Workshop;