More than a commodity

While browsing around for a starting point on my next project I came across an article I had forgotten. The article “Copying Kill Bill” is written by Laikwan Pang (Social Text 2005) and is an exploration of the connections between copyright and cultural borrowing, or stealing depending on the perspective I suppose.

A film is not only a commodity but also a complex system of cultural representation, in which cultural exchanges are so complex that today’s copyright discourse can never clearly differentiate between copyright infringement and cultural appropriations, as clearly shown in Kill Bill.

This was just the type of article I was looking for to inspire me to move forward. We have to take a step back and look seriously at the larger picture which is infinately more complex and much more interesting.

A must see thingy

The venerable blog Blackadder Hall (as an important bearer of pre-Bean culture it deserves the venerable title) has put the documentary The Whole Rotten Saga online. The 1,5 hour documentary has been split into seven parts. They write:

This documentary looks back at the hilarious historical saga of Blackadder, the enduring comic creation of Rowan Atkinson and Richard Curtis now celebrating its 25th anniversary. The programme charts the behind-the-scenes story of the show, from early development to its rise as one of Britain’s best loved sitcoms. Featuring rare rehearsal footage of the team at work and in-depth interviews with key cast and crew such as Richard Curtis, Ben Elton and Stephen Fry.

This is not a time to think of copyright. Just sit back and enjoy!

The lost minutes of Metropolis

The film Metropolis was not a success when it was first released and in order to improve it it was cut by almost a quarter by Paramount. The last time anyone saw the full original was in 1927. The new shorter version made less sense and in reality the whole thing should probably just have ended up in the rubbish.

The film is set in the futuristic city of Metropolis, ruled by Joh Fredersen, whose workers live underground. His son falls in love with a young woman from the worker’s underworld – the conflict takes its course. At the time it was the most expensive German film ever made. It was intended to be a major offensive against Hollywood. However the film flopped with critics and audiences alike. Representatives of the American firm Paramount considerably shortened and re-edited the film. They oversimplified the plot, even cutting key scenes. The original version could only be seen in Berlin until May 1927 – from then on it was considered to have been lost forever. Those recently viewing a restored version of the film first read the following insert: “More than a quarter of the film is believed to be lost forever.” (Zeit Online)

Despite the mutilation the film Metropolis has lived on as a cult classic. One of the great film dystopias and a sci-fi classic. It also has a role in gender and technology studies as including the first female robot – something which to this day is rare.

The new (old) material is in need of restoration work but soon we will hopefully be able to see the full length version of Lang’s classic.

Shooting Back

Providing cameras and video cameras to different groups is not an uncommon method which allows the subjects to bring their own lives into focus without the direct mediation of the “outsider” camera/filmmaker. Naturally all uses of technology contain risks of bias and slanted views – nobody still believes that the camera never lies? Even if many still believe that fashion images are “real”.

In January 2007, B’Tselem launched Shooting Back, a video advocacy project focusing on the Occupied Territories. We provide Palestinians living in high-conflict areas with video cameras, with the goal of bringing the reality of their lives under occupation to the attention of the Israeli and international public, exposing and seeking redress for violations of human rights.

In projects such as these technology in the form of the cameras and Internet as a distribution medium can be used to empower those involved in a conflict while still providing a preaceful alternative way of coping with everyday violence.

Frenchmen risk being banned from the Internet

The French have gone and done it! Times Online reports:

Anyone who persists in illicit downloading of music or films will be barred from broadband access under a controversial new law that makes France a pioneer in combating internet piracy.

“There is no reason that the internet should be a lawless zone,” President Sarkozy told his Cabinet yesterday as it endorsed the “three-strikes-and-you’re-out” scheme that from next January will hit illegal downloaders where it hurts.

This is, as I have argued earlier (last time in January), a really bad idea. Why is banning people from the Internet a bad idea?

The Internet has been promoted and become our most basic communications infrastructure (my focus here is Europe since this is where the the French are).

1. The punishment does not fit the crime: We have changed the way Banks, Post Offices, ticket sales, hotel booking, insurance (etc, etc) work and banning someone from the Internet will be tantamount to branding a symbol of guilt onto the person. Not to mention the increased costs involved in time and money. Indeed why should copyright violation prevent me from online banking?

2. Group punishment: If an Internet connection is involved in copyright violation this does not mean that all those dependent upon that connection should be punished. The actual violator may be underage or the network may be open to others.

3. Privatizing the law: The ability to punish copyright violators should not be delegated to private bodies. Internet providers are not equipped to mete out legal punishments.

Earlier, when arguing against proposals such as these I wrote:

The proposals seen above are simplistic, naive and dangerous they show a fundamental lack of understanding not only of technology or its role in society but also a lack of understanding of the role of communication in a democratic society. The actions of the politicians proposing such measures show that they are not acting in the interests of the individuals they are there to serve.

Even if the French have chosen to go the other way – I still believe that they are wrong…

Mobile Phone Popcorn

Following the recent YouTube films showing popcorn being popped by mobile phones a discussion arose as to whether this was possible. Some argued that they had been able to replicate the films while others cried hoax! Thankfully the Guardian Online conducted the following experiment:

In search of the truth we gathered all the phones in the G2 office, placed some freshly purchased uncooked popcorn in the centre of them and simultaneously dialled them all. The result?

Absolutely nothing.

Which is probably not surprising as the popcorn kernels has to be heated to over 230 centigrade before it pops…

Moonlighting author

Was watching the film Then She Found Me (details at IMDB) last week. The movie was ok but I would probably have turned it off but as I was working at the same time it flowed in the background and did not demand much from me. The reason I was even watching the movie was that it had some good actors. Anyway in the middle of the film the main character has a doctors appointment and the actor playing the doctor is… Salman Rushdie!!

Since he is one of my favorite writers it made me pay attention for a while – mainly I was kind of shocked. The man who wrote Midnights Children, Grimus, Shalimar and Satanic Verses was playing a minor character in a ordinary little film. Rushdie played himself in Bridget Jones’s Diary (IMDB details) but that made more sense. And now this! How odd and yet how fun. This ordinary little film all of a sudden achieved a new depth. But I wonder if many people would recognize him? I can’t say that I would recognize many of my favorite authors.

Storm Trooper Property Wars

George Lucas is the man behind the Star Wars films and as such he owns the rights to them. A lesser known fact is that Andrew Ainsworth was the costume designer behind the white stormtrooper helmets. So far so good each gets his due.

But who owns the designs for the stormtrooper costumes?

The British prop designer who created their famous white helmets and body armour is being sued by director George Lucas for £10m in a case starting at the high court tomorrow. Andrew Ainsworth was sued by the director’s company, Lucasfilm, after reproducing the outfits from the original moulds and selling them for up to £1,800 each. (The Force)

This would be fun in itself but the story gets even better:

Ainsworth is countersuing Lucasfilm for a share of the £6bn merchandising revenue generated since the first film in the series premiered in 1977.

So does the filmmaker own all aspects of the film? What rights do the set, costume, prop designers have? Naturally this could (and should?) all be resolved by contract but if there is no contract?

The fact that Ainsworth makes the helmets from the original moulds should not mean anything since the right to make copies does not follow the ownership of the moulds. However in the absence of a contract to resolve this question the fact that the designer was allowed (if he was?) to keep his moulds should weigh in his favor. What a lovely case – I can’t wait to hear what the courts decide.

More on this available at TimesOnline.

What is the lecture?

No one can tell you what the lecture is… sorry for the silly Matrix reference. The question here is on the issue of property and the lecture. The questions I hope to address are Who owns the lecture? Who controls the lecture? Who owns the lecture notes? What can the audience do? Who owns the audiences’ notes?

Some early background: In November 2006 I wrote the post Do you hand out your handouts which was concerned with students demanding (not asking) to have handouts in advance. This is also part of a larger issue of the impact of becoming dependent on technology in teaching (see post Teaching with powerpoint).

What triggered these reflections was the news that University of Florida professor Michael Moulton was claiming the right to prevent his students from selling their lecture notes. His claim was based upon the concept that the students notes were actually derivative works from his own notes and therefore the lecturer could use copyright to prevent the students from selling their notes. This is the basic story read more details at Wired.

Standing and talking i.e. giving a lecture is not copyrightable per se, this is actually a good thing as most lectures tend to be the explanation of the works of many others (not all mentioned). A lecture on basic copyright law will include ideas and direct quotes from the law, courts and often other jurists. The nature of the lecture is to educate the audience on a certain issue and therefore cannot be only the ideas and opinions of the lecturer. This use of the ideas and texts of others is neither copyright infringement or plagiarism.

The lecture becomes copyrightable when it is a derivative work of the lecture notes. In other words a lecture given without notes is not copyrightable, nor is a lecture given from notes taken from the public domain. If the non-copyrightable lecture is filmed or recorded then the copyright goes to the person recording (the director).

The “right” of the lecturer to refuse the audience to record is actually not a question of copyright but more a question of labor law. For example, if I were to refuse to let my students record me the question would be one of my refusal to carry out my job as a lecturer. The ensuing discussion between my employer and me would be a re-negotiation of my contract to take into account the audiences’ desire to record my work. Many lecturers I have spoken to are not aware of this position and some react very strongly to being recorded while they work. The audience taking notes is a developed fair use but again the lecturer could theoretically refuse to talk if someone were holding a pen (as with a recording device) but it is doubtful that the academic employer would support this position.

What can the audience do with their notes or recordings? If we presume that the lecture is based upon the copyrightable notes of the lecturer (as opposed to an ad hoc talk or a folk dance following a traditional pattern i.e. uncopyrightable) then any kind of reproduction of the notes/recording would be a violation of the copyright of the lecturer. The audience can however sell their copies or make copies for their friends within the limits of fair use but this would not allow them to make several copies or post the notes/recording on the Internet.

Therefore the lecture is a collection of rights and it intersects with different legal areas. Beyond that it is also a specific situation based upon the traditions and expectations of the audience and lecturer. The lecturer seems to have more power since he/she has chosen the subject, scheduled the event and does all the talking  but this is not necessarily the case. The lecture is a socially constructed affair which requires audience participation in specific forms (coming on time, sitting properly, silence, attention etc)

On top of all this comes the control via labor law and contracts. Wow, who said that giving a lecture was easy?