Free Culture COMU2020 Phil Graham Week 5

Where’d ya get ya Kulcha? Sources of culture Sources of culture As “content” As “content” As meaning system As meaning system As entertainment As entertainment As industry As industry As a construct for social differentiation As a construct for social differentiation Which bit is yours? Which bit is yours?

Libraries, Memory, Culture When does history start and how do we know what it is? When does history start and how do we know what it is? Why history matters … Why history matters … If people in 200 years time had access to all the television programs produced in the last 10 years, would they be able to make sense of our culture? If people in 200 years time had access to all the television programs produced in the last 10 years, would they be able to make sense of our culture? The role of libraries in history. The role of libraries in history.

Mumford on Culture The essential task of all sound economic activity is to produce a state in which creation will be a common fact in all experience: in which no group will be denied, by reasons of toil or deficient education, their share in the cultural life of the community, up to the limits of their personal capacity. Unless we socialize creation, unless we make production subservient to education, a mechanized system of production, however efficient, will only harden into a servile byzantine formality, enriched by bread and circuses. (Mumford, 1934/1962, p. 430) The essential task of all sound economic activity is to produce a state in which creation will be a common fact in all experience: in which no group will be denied, by reasons of toil or deficient education, their share in the cultural life of the community, up to the limits of their personal capacity. Unless we socialize creation, unless we make production subservient to education, a mechanized system of production, however efficient, will only harden into a servile byzantine formality, enriched by bread and circuses. (Mumford, 1934/1962, p. 430) “‘Art’, he says, “cannot become a language, and hence an experience, unless it is practiced. To the man who plays, a mechanical reproduction of music may mean much, since he already has the experience to assimilate. But where reproduction becomes the norm, the few music makers will grow more isolate and sterile, and the ability to experience music will disappear. The same is true with cinema, dance, and even sport.” (Waldo Frank, as cited in Mumford, 1934/1962, p. 343). “‘Art’, he says, “cannot become a language, and hence an experience, unless it is practiced. To the man who plays, a mechanical reproduction of music may mean much, since he already has the experience to assimilate. But where reproduction becomes the norm, the few music makers will grow more isolate and sterile, and the ability to experience music will disappear. The same is true with cinema, dance, and even sport.” (Waldo Frank, as cited in Mumford, 1934/1962, p. 343). “… our capacity to go beyond the machine rests upon our power to assimilate the machine.” (1934/1962, p. 363). “… our capacity to go beyond the machine rests upon our power to assimilate the machine.” (1934/1962, p. 363). This is the task of culture This is the task of culture

Open Culture The mass media model – selling “culture” The mass media model – selling “culture” As “the culture industry” (Horkheimer & Adorno, 1947/1998) As “the culture industry” (Horkheimer & Adorno, 1947/1998) “Interactivity” and the role of rights (“copy” versus “clone”) “Interactivity” and the role of rights (“copy” versus “clone”) The ethics of intellectual property and the nature of creativity (past in present) The ethics of intellectual property and the nature of creativity (past in present) Case of the Harley Davidson sound Case of the Harley Davidson sound Begs the question: what sort of rights should we have? Begs the question: what sort of rights should we have?

Open culture II New rights models are emerging (eg Aesharenet and Creative Commons) New rights models are emerging (eg Aesharenet and Creative Commons) Enables “safe” sharing for owners and users. Enables “safe” sharing for owners and users. “Dead” vs “Live” copyright. “Dead” vs “Live” copyright. Copy lock vs viewing lock Copy lock vs viewing lock Problems of International vs National systems of rights Problems of International vs National systems of rights

Open Culture III Moral rights – what are they and how do they affect the right to “repurpose” or “sample”? Moral rights – what are they and how do they affect the right to “repurpose” or “sample”? “Copyright Amendment (Moral Rights) Act to ensure that creators are attributed and have the “integrity’ of their work respected.” (McDonald, 2001) “Copyright Amendment (Moral Rights) Act to ensure that creators are attributed and have the “integrity’ of their work respected.” (McDonald, 2001) ‘In a lecture in 1998, a respected judge and copyright commentator, noted that copyright, together with other areas of law which protect intellectual or creative endeavour, depend on “three sacred principles”: “Thou shalt not steal”; the concept that matter created by the brain may be owned; and the principle of reward.’ (McDonald, 2001) ‘In a lecture in 1998, a respected judge and copyright commentator, noted that copyright, together with other areas of law which protect intellectual or creative endeavour, depend on “three sacred principles”: “Thou shalt not steal”; the concept that matter created by the brain may be owned; and the principle of reward.’ (McDonald, 2001) For an overview of Australian Copyright Law in respect of film and images see (McDonald, 2001) For an overview of Australian Copyright Law in respect of film and images see (McDonald, 2001)

Law, Culture, Society Laws: “codified ethics”? Laws: “codified ethics”? Who makes them? Who makes them? In whose interests are they made? In whose interests are they made? What is the relationship between IP law and your role in culture? What is the relationship between IP law and your role in culture? In Sport? In Sport? Music? Music? Art? Art? Film? Film? Language? Language?

The Value of Culture Innis (1944) asks: “what is the economic signifance of culture?” Innis (1944) asks: “what is the economic signifance of culture?” What parts can be sold? What parts can be sold? DNA (Latvia, Estonia, Tonga) DNA (Latvia, Estonia, Tonga) ??? ??? World Music, Dance, World Music, Dance, Culture is a matter of history Culture is a matter of history The role of media technologies in intercultural relationships. The role of media technologies in intercultural relationships.

The future of culture A culture is the symbolic universe of a society A culture is the symbolic universe of a society New Media change the structure and character of cultures in a number of ways New Media change the structure and character of cultures in a number of ways One of the most significant aspects of these is the matter of participation One of the most significant aspects of these is the matter of participation New struggles over IP law is one of the key manifestations of new media environments, especially since the electronic age. New struggles over IP law is one of the key manifestations of new media environments, especially since the electronic age.

References Innis, H.A. (1944). The economic significance of culture. The Journal of Economic History, 4, pp Innis, H.A. (1944). The economic significance of culture. The Journal of Economic History, 4, pp McDonald, I. (2001). Report for Visual Arts Industry Guidelines Research Project: copyright and moral rights. Canberra: Australian Copyright Council. Available at: 3.pdf McDonald, I. (2001). Report for Visual Arts Industry Guidelines Research Project: copyright and moral rights. Canberra: Australian Copyright Council. Available at: 3.pdf 3.pdf 3.pdf Mumford, L. (1934/1962). Technics and Civilization. New York: Harcourt Brace & Co. Mumford, L. (1934/1962). Technics and Civilization. New York: Harcourt Brace & Co.