Academic literature on the topic 'Motion pictures – Production and direction – Canada'

The development of motion pictures coincided with the development of active publicity campaigns by the Canadian Pacific Railway Company. It did not take the CPR long to realize the potential of the new medium and capitalize on the public's fascination with train and motion. In order to encoutage immigration and settlement to western Canada, the company developed an extensive system of promotion which included the use of films. CPR filmmaking fell broadly into two categories, those which were designed with a specific intent to educate, inform and persuade and those which were primarily intended as entertainment. If CPR did not define the type of filmmaking rathet it facilitated the production of contemporary appeal.

IntroductionDespite claims that the importance of distance has been reduced due to technological and communications improvements (Cairncross; Friedman; O’Brien), the ‘power of place’ still resonates, often intensifying the role of geography (Christopherson et al.; Morgan; Pratt; Scott and Storper). Within the film industry, there has been a decentralisation of production from Hollywood, but there remains a spatial logic which has preferenced particular centres, such as Toronto, Vancouver, Sydney and Prague often led by a combination of incentives (Christopherson and Storper; Goldsmith and O’Regan; Goldsmith et al.; Miller et al.; Mould). The emergence of high end television, television programming for which the production budget is more than £1 million per television hour, has presented new opportunities for screen hubs sharing a very similar value chain to the film industry (OlsbergSPI with Nordicity).In recent years, interventions have proliferated with the aim of capitalising on the decentralisation of certain activities in order to attract international screen industries production and embed it within local hubs. Tools for building capacity and expertise have proliferated, including support for studio complex facilities, infrastructural investments, tax breaks and other economic incentives (Cucco; Goldsmith and O’Regan; Jensen; Goldsmith et al.; McDonald; Miller et al.; Mould). Yet experience tells us that these will not succeed everywhere. There is a need for a better understanding of both the capacity for places to build a distinctive and competitive advantage within a highly globalised landscape and the relative merits of alternative interventions designed to generate a sustainable production base.This article first sets out the rationale for the appetite identified in the screen industries for co-location, or clustering and concentration in a tightly drawn physical area, in global hubs of production. It goes on to explore the latest trends of decentralisation and examines the upturn in interventions aimed at attracting mobile screen industries capital and labour. Finally it introduces the Scottish screen industries and explores some of the ways in which Scotland has sought to position itself as a recipient of screen industries activity. The paper identifies some key gaps in infrastructure, most notably a studio, and calls for closer examination of the essential ingredients of, and possible interventions needed for, a vibrant and sustainable industry.A Compulsion for ProximityIt has been argued that particular spatial and place-based factors are central to the development and organisation of the screen industries. The film and television sector, the particular focus of this article, exhibit an extraordinarily high degree of spatial agglomeration, especially favouring centres with global status. It is worth noting that the computer games sector, not explored in this article, slightly diverges from this trend displaying more spatial patterns of decentralisation (Vallance), although key physical hubs of activity have been identified (Champion). Creative products often possess a cachet that is directly associated with their point of origin, for example fashion from Paris, films from Hollywood and country music from Nashville – although it can also be acknowledged that these are often strategic commercial constructions (Pecknold). The place of production represents a unique component of the final product as well as an authentication of substantive and symbolic quality (Scott, “Creative cities”). Place can act as part of a brand or image for creative industries, often reinforcing the advantage of being based in particular centres of production.Very localised historical, cultural, social and physical factors may also influence the success of creative production in particular places. Place-based factors relating to the built environment, including cheap space, public-sector support framework, connectivity, local identity, institutional environment and availability of amenities, are seen as possible influences in the locational choices of creative industry firms (see, for example, Drake; Helbrecht; Hutton; Leadbeater and Oakley; Markusen).Employment trends are notoriously difficult to measure in the screen industries (Christopherson, “Hollywood in decline?”), but the sector does contain large numbers of very small firms and freelancers. This allows them to be flexible but poses certain problems that can be somewhat offset by co-location. The findings of Antcliff et al.’s study of workers in the audiovisual industry in the UK suggested that individuals sought to reconstruct stable employment relations through their involvement in and use of networks. The trust and reciprocity engendered by stable networks, built up over time, were used to offset the risk associated with the erosion of stable employment. These findings are echoed by a study of TV content production in two media regions in Germany by Sydow and Staber who found that, although firms come together to work on particular projects, typically their business relations extend for a much longer period than this. Commonly, firms and individuals who have worked together previously will reassemble for further project work aided by their past experiences and expectations.Co-location allows the development of shared structures: language, technical attitudes, interpretative schemes and ‘communities of practice’ (Bathelt, et al.). Grabher describes this process as ‘hanging out’. Deep local pools of creative and skilled labour are advantageous both to firms and employees (Reimer et al.) by allowing flexibility, developing networks and offsetting risk (Banks et al.; Scott, “Global City Regions”). For example in Cook and Pandit’s study comparing the broadcasting industry in three city-regions, London was found to be hugely advantaged by its unrivalled talent pool, high financial rewards and prestigious projects. As Barnes and Hutton assert in relation to the wider creative industries, “if place matters, it matters most to them” (1251). This is certainly true for the screen industries and their spatial logic points towards a compulsion for proximity in large global hubs.Decentralisation and ‘Sticky’ PlacesDespite the attraction of global production hubs, there has been a decentralisation of screen industries from key centres, starting with the film industry and the vertical disintegration of Hollywood studios (Christopherson and Storper). There are instances of ‘runaway production’ from the 1920s onwards with around 40 per cent of all features being accounted for by offshore production in 1960 (Miller et al., 133). This trend has been increasing significantly in the last 20 years, leading to the genesis of new hubs of screen activity such as Toronto, Vancouver, Sydney and Prague (Christopherson, “Project work in context”; Goldsmith et al.; Mould; Miller et al.; Szczepanik). This development has been prompted by a multiplicity of reasons including favourable currency value differentials and economic incentives. Subsidies and tax breaks have been offered to secure international productions with most countries demanding that, in order to qualify for tax relief, productions have to spend a certain amount of their budget within the local economy, employ local crew and use domestic creative talent (Hill). Extensive infrastructure has been developed including studio complexes to attempt to lure productions with the advantage of a full service offering (Goldsmith and O’Regan).Internationally, Canada has been the greatest beneficiary of ‘runaway production’ with a state-led enactment of generous film incentives since the late 1990s (McDonald). Vancouver and Toronto are the busiest locations for North American Screen production after Los Angeles and New York, due to exchange rates and tax rebates on labour costs (Miller et al., 141). 80% of Vancouver’s production is attributable to runaway production (Jensen, 27) and the city is considered by some to have crossed a threshold as:It now possesses sufficient depth and breadth of talent to undertake the full array of pre-production, production and post-production services for the delivery of major motion pictures and TV programmes. (Barnes and Coe, 19)Similarly, Toronto is considered to have established a “comprehensive set of horizontal and vertical media capabilities” to ensure its status as a “full function media centre” (Davis, 98). These cities have successfully engaged in entrepreneurial activity to attract production (Christopherson, “Project Work in Context”) and in Vancouver the proactive role of provincial government and labour unions are, in part, credited with its success (Barnes and Coe). Studio-complex infrastructure has also been used to lure global productions, with Toronto, Melbourne and Sydney all being seen as key examples of where such developments have been used as a strategic priority to take local production capacity to the next level (Goldsmith and O’Regan).Studies which provide a historiography of the development of screen-industry hubs emphasise a complex interplay of social, cultural and physical conditions. In the complex and global flows of the screen industries, ‘sticky’ hubs have emerged with the ability to attract and retain capital and skilled labour. Despite being principally organised to attract international production, most studio complexes, especially those outside of global centres need to have a strong relationship to local or national film and television production to ensure the sustainability and depth of the labour pool (Goldsmith and O’Regan, 2003). Many have a broadcaster on site as well as a range of companies with a media orientation and training facilities (Goldsmith and O’Regan, 2003; Picard, 2008). The emergence of film studio complexes in the Australian Gold Coast and Vancouver was accompanied by an increasing role for television production and this multi-purpose nature was important for the continuity of production.Fostering a strong community of below the line workers, such as set designers, locations managers, make-up artists and props manufacturers, can also be a clear advantage in attracting international productions. For example at Cinecitta in Italy, the expertise of set designers and experienced crews in the Barrandov Studios of Prague are regarded as major selling points of the studio complexes there (Goldsmith and O’Regan; Miller et al.; Szczepanik). Natural and built environments are also considered very important for film and television firms and it is a useful advantage for capturing international production when cities can double for other locations as in the cases of Toronto, Vancouver, Prague for example (Evans; Goldsmith and O’Regan; Szczepanik). Toronto, for instance, has doubled for New York in over 100 films and with regard to television Due South’s (1994-1998) use of Toronto as Chicago was estimated to have saved 40 per cent in costs (Miller et al., 141).The Scottish Screen Industries Within mobile flows of capital and labour, Scotland has sought to position itself as a recipient of screen industries activity through multiple interventions, including investment in institutional frameworks, direct and indirect economic subsidies and the development of physical infrastructure. Traditionally creative industry activity in the UK has been concentrated in London and the South East which together account for 43% of the creative economy workforce (Bakhshi et al.). In order, in part to redress this imbalance and more generally to encourage the attraction and retention of international production a range of policies have been introduced focused on the screen industries. A revised Film Tax Relief was introduced in 2007 to encourage inward investment and prevent offshoring of indigenous production, and this has since been extended to high-end television, animation and children’s programming. Broadcasting has also experienced a push for decentralisation led by public funding with a responsibility to be regionally representative. The BBC (“BBC Annual Report and Accounts 2014/15”) is currently exceeding its target of 50% network spend outside London by 2016, with 17% spent in Scotland, Wales and Northern Ireland. Channel 4 has similarly committed to commission at least 9% of its original spend from the nations by 2020. Studios have been also developed across the UK including at Roath Lock (Cardiff), Titanic Studios (Belfast), MedicaCity (Salford) and The Sharp Project (Manchester).The creative industries have been identified as one of seven growth sectors for Scotland by the government (Scottish Government). In 2010, the film and video sector employed 3,500 people and contributed £120 million GVA and £120 million adjusted GVA to the economy and the radio and TV sector employed 3,500 people and contributed £50 million GVA and £400 million adjusted GVA (The Scottish Parliament). Beyond the direct economic benefits of sectors, the on-screen representation of Scotland has been claimed to boost visitor numbers to the country (EKOS) and high profile international film productions have been attracted including Skyfall (2012) and WWZ (2013).Scotland has historically attracted international film and TV productions due to its natural locations (VisitScotland) and on average, between 2009-2014, six big budget films a year used Scottish locations both urban and rural (BOP Consulting, 2014). In all, a total of £20 million was generated by film-making in Glasgow during 2011 (Balkind) with WWZ (2013) and Cloud Atlas (2013), representing Philadelphia and San Francisco respectively, as well as doubling for Edinburgh for the recent acclaimed Scottish films Filth (2013) and Sunshine on Leith (2013). Sanson (80) asserts that the use of the city as a site for international productions not only brings in direct revenue from production money but also promotes the city as a “fashionable place to live, work and visit. Creativity makes the city both profitable and ‘cool’”.Nonetheless, issues persist and it has been suggested that Scotland lacks a stable and sustainable film industry, with low indigenous production levels and variable success from year to year in attracting inward investment (BOP Consulting). With regard to crew, problems with an insufficient production base have been identified as an issue in maintaining a pipeline of skills (BOP Consulting). Developing ‘talent’ is a central aspect of the Scottish Government’s Strategy for the Creative Industries, yet there remains the core challenge of retaining skills and encouraging new talent into the industry (BOP Consulting).With regard to film, a lack of substantial funding incentives and the absence of a studio have been identified as a key concern for the sector. For example, within the film industry the majority of inward investment filming in Scotland is location work as it lacks the studio facilities that would enable it to sustain a big-budget production in its entirety (BOP Consulting). The absence of such infrastructure has been seen as contributing to a drain of Scottish talent from these industries to other areas and countries where there is a more vibrant sector (BOP Consulting). The loss of Scottish talent to Northern Ireland was attributed to the longevity of the work being provided by Games of Thrones (2011-) now having completed its six series at the Titanic Studios in Belfast (EKOS) although this may have been stemmed somewhat recently with the attraction of US high-end TV series Outlander (2014-) which has been based at Wardpark in Cumbernauld since 2013.Television, both high-end production and local broadcasting, appears crucial to the sustainability of screen production in Scotland. Outlander has been estimated to contribute to Scotland’s production spend figures reaching a historic high of £45.8 million in 2014 (Creative Scotland ”Creative Scotland Screen Strategy Update”). The arrival of the program has almost doubled production spend in Scotland, offering the chance for increased stability for screen industries workers. Qualifying for UK High-End Television Tax Relief, Outlander has engaged a crew of approximately 300 across props, filming and set build, and cast over 2,000 supporting artist roles from within Scotland and the UK.Long running drama, in particular, offers key opportunities for both those cutting their teeth in the screen industries and also by providing more consistent and longer-term employment to existing workers. BBC television soap River City (2002-) has been identified as a key example of such an opportunity and the programme has been credited with providing a springboard for developing the skills of local actors, writers and production crew (Hibberd). This kind of pipeline of production is critical given the work patterns of the sector. According to Creative Skillset, of the 4,000 people in Scotland are employed in the film and television industries, 40% of television workers are freelance and 90% of film production work in freelance (EKOS).In an attempt to address skills gaps, the Outlander Trainee Placement Scheme has been devised in collaboration with Creative Scotland and Creative Skillset. During filming of Season One, thirty-eight trainees were supported across a range of production and craft roles, followed by a further twenty-five in Season Two. Encouragingly Outlander, and the books it is based on, is set in Scotland so the authenticity of place has played a strong component in the decision to locate production there. Producer David Brown began his career on Bill Forsyth films Gregory’s Girl (1981), Local Hero (1983) and Comfort and Joy (1984) and has a strong existing relationship to Scotland. He has been very vocal in his support for the trainee program, contending that “training is the future of our industry and we at Outlander see the growth of talent and opportunities as part of our mission here in Scotland” (“Outlander fast tracks next generation of skilled screen talent”).ConclusionsThis article has aimed to explore the relationship between place and the screen industries and, taking Scotland as its focus, has outlined a need to more closely examine the ways in which the sector can be supported. Despite the possible gains in terms of building a sustainable industry, the state-led funding of the global screen industries is contested. The use of tax breaks and incentives has been problematised and critiques range from use of public funding to attract footloose media industries to the increasingly zero sum game of competition between competing places (Morawetz; McDonald). In relation to broadcasting, there have been critiques of a ‘lift and shift’ approach to policy in the UK, with TV production companies moving to the nations and regions temporarily to meet the quota and leaving once a production has finished (House of Commons). Further to this, issues have been raised regarding how far such interventions can seed and develop a rich production ecology that offers opportunities for indigenous talent (Christopherson and Rightor).Nonetheless recent success for the screen industries in Scotland can, at least in part, be attributed to interventions including increased decentralisation of broadcasting and the high-end television tax incentives. This article has identified gaps in infrastructure which continue to stymie growth and have led to production drain to other centres. Important gaps in knowledge can also be acknowledged that warrant further investigation and unpacking including the relationship between film, high-end television and broadcasting, especially in terms of the opportunities they offer for screen industries workers to build a career in Scotland and notable gaps in infrastructure and the impact they have on the loss of production.ReferencesAntcliff, Valerie, Richard Saundry, and Mark Stuart. Freelance Worker Networks in Audio-Visual Industries. University of Central Lancashire, 2004.Bakhshi, Hasan, John Davies, Alan Freeman, and Peter Higgs. "The Geography of the UK’s Creative and High–Tech Economies." 2015.Balkind, Nicola. World Film Locations: Glasgow. Intellect Books, 2013.Banks, Mark, Andy Lovatt, Justin O’Connor, and Carlo Raffo. "Risk and Trust in the Cultural Industries." Geoforum 31.4 (2000): 453-464.Barnes, Trevor, and Neil M. Coe. “Vancouver as Media Cluster: The Cases of Video Games and Film/TV." 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Technique and creativity Having been called upon to provide a contribution to a publication dedicated to “Techne”, I feel it is fitting to start from the theme of technique, given that for too many years now, we have fruitlessly attempted to understand the inner workings of cinema whilst disregarding the element of technique. And this has posed a significant problem in our field of study, as it would be impossible to gain a true understanding of what cinema is without immersing ourselves in the technical and industrial culture of the 19th century. It was within this culture that a desire was born: to mould the imaginary through the new techniques of reproduction and transfiguration of reality through images. Studying the development of the so-called “pre-cinema” – i.e. the period up to the conventional birth of cinema on 28 December 1895 with the presentation of the Cinématographe Lumière – we discover that the technical history of cinema is not only almost more enthralling than its artistic and cultural history, but that it contains all the great theoretical, philosophical and scientific insights that we need to help us understand the social, economic and cultural impact that cinema had on the culture of the 20th century. At the 1900 Paris Exposition, when cinema had already existed in some form for a few years, when the first few short films of narrative fiction also already existed, the cinematograph was placed in the Pavilion of Technical Discoveries, to emphasise the fact that the first wonder, this element of unparalleled novelty and modernity, was still there, in technique, in this marvel of innovation and creativity. I would like to express my idea through the words of Franco Moretti, who claims in one of his most recent works that it is only possible to understand form through the forces that pulsate through it and press on it from beneath, finally allowing the form itself to come to the surface and make itself visible and comprehensible to our senses. As such, the cinematic form – that which appears on the screen, that which is now so familiar to us, that which each of us has now internalised, that has even somehow become capable of configuring our way of thinking, imagining, dreaming – that form is underpinned by forces that allow it to eventually make its way onto the screen and become artistic and narrative substance. And those forces are the forces of technique, the forces of industry, the economic, political and social forces without which we could never hope to understand cinema. One of the issues that I always make a point of addressing in the first few lessons with my students is that if they think that the history of cinema is made up of films, directors, narrative plots to be understood, perhaps even retold in some way, then they are entirely on the wrong track; if, on the other hand, they understand that it is the story of an institution with economic, political and social drivers within it that can, in some way, allow us to come to the great creators, the great titles, but that without a firm grasp of those drivers, there is no point in even attempting to explore it, then they are on the right track. As I see it, cinema in the twentieth century was a great democratic, interclassist laboratory such as no other art has ever been, and this occurred thanks to the fact that what underpinned it was an industrial reasoning: it had to respond to the capital invested in it, it had to make money, and as such, it had to reach the largest possible number of people, immersing it into a wholly unprecedented relational situation. The aim was to be as inclusive as possible, ultimately giving rise to the idea that cinema could not be autonomous, as other forms of art could be, but that it must instead be able to negotiate all the various forces acting upon it, pushing it in every direction. This concept of negotiation is one which has been explored in great detail by one of the greatest film theorists of our modern age, Francesco Casetti. In a 2005 book entitled “Eye of the Century”, which I consider to be a very important work, Casetti actually argues that cinema has proven itself to be the art form most capable of adhering to the complexity and fast pace of the short century, and that it is for this very reason that its golden age (in the broadest sense) can be contained within the span of just a hundred years. The fact that cinema was the true epistemological driving force of 20th-century modernity – a position now usurped by the Internet – is not, in my opinion, something that diminishes the strength of cinema, but rather an element of even greater interest. Casetti posits that cinema was the great negotiator of new cultural needs, of the need to look at art in a different way, of the willingness to adapt to technique and technology: indeed, the form of cinema has always changed according to the techniques and technologies that it has brought to the table or established a dialogue with on a number of occasions. Barry Salt, whose background is in physics, wrote an important book – publishing it at his own expense, as a mark of how difficult it is to work in certain fields – entitled “Film Style and Technology”, in which he calls upon us stop writing the history of cinema starting from the creators, from the spirit of the time, from the great cultural and historical questions, and instead to start afresh by following the techniques available over the course of its development. Throughout the history of cinema, the creation of certain films has been the result of a particular set of technical conditions: having a certain type of film, a certain type of camera, only being able to move in a certain way, needing a certain level of lighting, having an entire arsenal of equipment that was very difficult to move and handle; and as the equipment, medium and techniques changed and evolved over the years, so too did the type of cinema that we were able to make. This means framing the history of cinema and film theory in terms of the techniques that were available, and starting from there: of course, whilst Barry Salt’s somewhat provocative suggestion by no means cancels out the entire cultural, artistic and aesthetic discourse in cinema – which remains fundamental – it nonetheless raises an interesting point, as if we fail to consider the methods and techniques of production, we will probably never truly grasp what cinema is. These considerations also help us to understand just how vast the “construction site” of cinema is – the sort of “factory” that lies behind the production of any given film. Erwin Panofsky wrote a single essay on cinema in the 1930s entitled “Style and Medium in the Motion Pictures” – a very intelligent piece, as one would expect from Panofsky – in which at a certain point, he compares the construction site of the cinema to those of Gothic cathedrals, which were also under an immense amount of pressure from different forces, namely religious ones, but also socio-political and economic forces which ultimately shaped – in the case of the Gothic cathedral and its development – an idea of the relationship between the earth and the otherworldly. The same could be said for cinema, because it also involves starting with something very earthly, very grounded, which is then capable of unleashing an idea of imaginary metamorphosis. Some scholars, such as Edgar Morin, will say that cinema is increasingly becoming the new supernatural, the world of contemporary gods, as religion gradually gives way to other forms of deification. Panofsky’s image is a very focused one: by making film production into a construction site, which to all intents and purposes it is, he leads us to understand that there are different forces at work, represented by a producer, a scriptwriter, a director, but also a workforce, the simple labourers, as is always the case in large construction sites, calling into question the idea of who the “creator” truly is. So much so that cinema, now more than ever before, is reconsidering the question of authorship, moving towards a “history of cinema without names” in an attempt to combat the “policy of the author” which, in the 1950s, especially in France, identified the director as the de facto author of the film. Today, we are still in that position, with the director still considered the author of the film, but that was not always so: back in the 1910s, in the United States, the author of the film was the scriptwriter, the person who wrote it (as is now the case for TV series, where they have once again taken pride of place as the showrunner, the creator, the true author of the series, and nobody remembers the names of the directors of the individual episodes); or at times, it can be the producer, as was the case for a long time when the Oscar for Best Picture, for example, was accepted by the producer in their capacity as the commissioner, as the “owner” of the work. As such, the theme of authorship is a very controversial one indeed, but one which helps us to understand the great meeting of minds that goes into the production of a film, starting with the technicians, of course, but also including the actors. Occasionally, a film is even attributed to the name of a star, almost as if to declare that that film is theirs, in that it is their body and their talent as an actor lending it a signature that provides far more of a draw to audiences than the name of the director does. In light of this, the theme of authorship, which Panofsky raised in the 1930s through the example of the Gothic cathedral, which ultimately does not have a single creator, is one which uses the image of the construction site to also help us to better understand what kind of development a film production can go through and to what extent this affects its critical and historical reception; as such, grouping films together based on their director means doing something that, whilst certainly not incorrect in itself, precludes other avenues of interpretation and analysis which could have favoured or could still favour a different reading of the “cinematographic construction site”. Design and execution The great classic Hollywood film industry was a model that, although it no longer exists in the same form today, unquestionably made an indelible mark at a global level on the history not only of cinema, but more broadly, of the culture of the 20th century. The industry involved a very strong vertical system resembling an assembly line, revolving around producers, who had a high level of decision-making autonomy and a great deal of expertise, often inclined towards a certain genre of film and therefore capable of bringing together the exact kinds of skills and visions required to make that particular film. The history of classic American cinema is one that can also be reconstructed around the units that these producers would form. The “majors”, along with the so-called “minors”, were put together like football teams, with a chairman flanked by figures whom we would nowadays refer to as a sporting director and a managing director, who built the team based on specific ideas, “buying” directors, scriptwriters, scenographers, directors of photography, and even actors and actresses who generally worked almost exclusively for their major – although they could occasionally be “loaned out” to other studios. This system led to a very marked characterisation and allowed for the film to be designed in a highly consistent, recognisable way in an age when genres reigned supreme and there was the idea that in order to keep the audience coming back, it was important to provide certain reassurances about what they would see: anyone going to see a Western knew what sorts of characters and storylines to expect, with the same applying to a musical, a crime film, a comedy, a melodrama, and so on. The star system served to fuel this working method, with these major actors also representing both forces and materials in the hands of an approach to the filmmaking which had the ultimate objective of constructing the perfect film, in which everything had to function according to a rule rooted in both the aesthetic and the economic. Gore Vidal wrote that from 1939 onwards, Hollywood did not produce a single “wrong” film: indeed, whilst certainly hyperbolic, this claim confirms that that system produced films that were never wrong, never off-key, but instead always perfectly in tune with what the studios wished to achieve. Whilst this long-entrenched system of yesteryear ultimately imploded due to certain historical phenomena that determined it to be outdated, the way of thinking about production has not changed all that much, with film design remaining tied to a professional approach that is still rooted within it. The overwhelming majority of productions still start from a system which analyses the market and the possible economic impact of the film, before even starting to tackle the various steps that lead up to the creation of the film itself. Following production systems and the ways in which they have changed, in terms of both the technology and the cultural contexts, also involves taking stock of the still considerable differences that exist between approaches to filmmaking in different countries, or indeed the similarities linking highly disparate economic systems (consider, for example, India’s “Bollywood” or Nigeria’s “Nollywood”: two incredibly strong film industries that we are not generally familiar with as they lack global distribution, although they are built very solidly). In other words, any attempt to study Italian cinema and American cinema – to stay within this double field – with the same yardstick is unthinkable, precisely because the context of their production and design is completely different. Composition and innovation Studying the publications on cinema in the United States in the early 1900s – which, from about 1911 to 1923, offers us a revealing insight into the attempts made to garner an in-depth understanding of how this new storytelling machine worked and the development of the first real cultural industry of the modern age – casts light on the centrality of the issues of design and composition. I remain convinced that without reading and understanding that debate, it is very difficult to understand why cinema is as we have come to be familiar with it today. Many educational works investigated the inner workings of cinema, and some, having understood them, suggested that they were capable of teaching others to do so. These publications have almost never been translated into Italian and remain seldom studied even in the US, and yet they are absolutely crucial for understanding how cinema established itself on an industrial and aesthetic level. There are two key words that crop up time and time again in these books, the first being “action”, one of the first words uttered when a film starts rolling: “lights, camera, action”. This collection of terms is interesting in that “motore” highlights the presence of a machine that has to be started up, followed by “action”, which expresses that something must happen at that moment in front of that machine, otherwise the film will not exist. As such, “action” – a term to which I have devoted some of my studies – is a fundamental word here in that it represents a sort of moment of birth of the film that is very clear – tangible, even. The other word is “composition”, and this is an even more interesting word with a history that deserves a closer look: the first professor of cinema in history, Victor Oscar Freeburg (I edited the Italian translation of his textbook “The Art of Photoplay Making”, published in 1918), took up his position at Columbia University in 1915 and, in doing so, took on the task of teaching the first ever university course in cinema. Whilst Freeburg was, for his time, a very well-educated and highly-qualified person, having studied at Yale and then obtained his doctorate in theatre at Columbia, cinema was not entirely his field of expertise. He was asked to teach a course entitled “Photoplay Writing”. At the time, a film was known as a “photoplay”, in that it was a photographed play of sorts, and the fact that the central topic of the course was photoplay writing makes it clear that back then, the scriptwriter was considered the main author of the work. From this point of view, it made sense to entrust the teaching of cinema to an expert in theatre, based on the idea that it was useful to first and foremost teach a sort of photographable dramaturgy. However, upon arriving at Columbia, Freeburg soon realised whilst preparing his course that “photoplay writing” risked misleading the students, as it is not enough to simply write a story in order to make a film; as such, he decided to change the title of his course to “photoplay composition”. This apparently minor alteration, from “writing” to “composition”, in fact marked a decisive conceptual shift in that it highlighted that it was no longer enough to merely write: one had to “compose”. So it was that the author of a film became, according to Freeburg, not the scriptwriter or director, but the “cinema composer” (a term of his own coinage), thus directing and broadening the concept of composition towards music, on the one hand, and architecture, on the other. We are often inclined to think that cinema has inherited expressive modules that come partly from literature, partly from theatre and partly from painting, but in actual fact, what Freeburg helps us to understand is that there are strong elements of music and architecture in a film, emphasising the lofty theme of the project. In his book, he explores at great length the relationship between static and dynamic forms in cinema, a topic that few have ever addressed in that way and that again, does not immediately spring to mind as applicable to a film. I believe that those initial intuitions were the result of a reflection unhindered by all the prejudices and preconceived notions that subsequently began to condition film studies as a discipline, and I feel that they are of great use to use today because they guide us, on the one hand, towards a symphonic idea of filmmaking, and on the other, towards an idea that preserves the fairly clear imprint of architecture. Space-Time In cinema as in architecture, the relationship between space and time is a crucial theme: in every textbook, space and time are amongst the first chapters to be studied precisely because in cinema, they undergo a process of metamorphosis – as Edgar Morin would say – which is vital to constructing the intermediate world of film. Indeed, from both a temporal and a spatial point of view, cinema provides a kind of ubiquitous opportunity to overlap different temporalities and spatialities, to move freely from one space to another, but above all, to construct new systems of time. The rules of film editing – especially so-called “invisible editing”, i.e. classical editing that conceals its own presence – are rules built upon specific and precise connections that hold together different spaces – even distant ones – whilst nonetheless giving the impression of unity, of contiguity, of everything that cinema never is in reality, because cinema is constantly fragmented and interrupted, even though we very often perceive it in continuity. As such, from both a spatial and a temporal perspective, there are technical studies that explain the rules of how to edit so as to give the idea of spatial continuity, as well as theoretical studies that explain how cinema has transformed our sense of space and time. To mark the beginning of Parma’s run as Italy’s Capital of Culture, an exhibition was organised entitled “Time Machine. Seeing and Experiencing Time”, curated by Antonio Somaini, with the challenge of demonstrating how cinema, from its earliest experiments to the digital age, has managed to manipulate and transform time, profoundly affecting our way of engaging with it. The themes of time and space are vital to understanding cinema, including from a philosophical point of view: in two of Gilles Deleuze’s seminal volumes, “The Movement Image” and “The Time Image”, the issues of space and time become the two great paradigms not only for explaining cinema, but also – as Deleuze himself says – for explaining a certain 20th-century philosophy. Deleuze succeeds in a truly impressive endeavour, namely linking cinema to philosophical reflection – indeed, making cinema into an instrument of philosophical thought; this heteronomy of filmmaking is then also transferred to its ability to become an instrument that goes beyond its own existence to become a reflection on the century that saw it as a protagonist of sorts. Don Ihde argues that every era has a technical discovery that somehow becomes what he calls an “epistemological engine”: a tool that opens up a system of thought that would never have been possible without that discovery. One of the many examples of this over the centuries is the camera obscura, but we could also name cinema as the defining discovery for 20th-century thought: indeed, cinema is indispensable for understanding the 20th century, just as the Internet is for understanding our way of thinking in the 21st century. Real-virtual Nowadays, the film industry is facing the crisis of cinema closures, ultimately caused by ever-spreading media platforms and the power of the economic competition that they are exerting by aggressively entering the field of production and distribution, albeit with a different angle on the age-old desire to garner audiences. Just a few days ago, Martin Scorsese was lamenting the fact that on these platforms, the artistic project is in danger of foundering, as excellent projects are placed in a catalogue alongside a series of products of varying quality, thus confusing the viewer. A few years ago, during the opening ceremony of the academic year at the University of Southern California, Steven Spielberg and George Lucas expressed the same concept about the future of cinema in a different way. Lucas argued that cinemas would soon have to become incredibly high-tech places where people can have an experience that is impossible to reproduce elsewhere, with a ticket price that takes into account the expanded and increased experiential value on offer thanks to the new technologies used. Spielberg, meanwhile, observed that cinemas will manage to survive if they manage to transform the cinemagoer from a simple viewer into a player, an actor of sorts. The history of cinema has always been marked by continuous adaptation to technological evolutions. I do not believe that cinema will ever end. Jean-Luc Godard, one of the great masters of the Nouvelle Vague, once said in an interview: «I am very sorry not to have witnessed the birth of cinema, but I am sure that I will witness its death». Godard, who was born in 1930, is still alive. Since its origins, cinema has always transformed rather than dying. Raymond Bellour says that cinema is an art that never finishes finishing, a phrase that encapsulates the beauty and the secret of cinema: an art that never quite finishes finishing is an art that is always on the very edge of the precipice but never falls off, although it leans farther and farther over that edge. This is undoubtedly down to cinema’s ability to continually keep up with technique and technology, and in doing so to move – even to a different medium – to relocate, as contemporary theorists say, even finally moving out of cinemas themselves to shift onto platforms and tablets, yet all without ever ceasing to be cinema. That said, we should give everything we’ve got to ensure that cinemas survive.

In 1988, historian Nadia Wheatley and indigenous artist Donna Rawlins published their award-winning picture book, My Place, a reinterpretation of Australian national identity and sovereignty prompted by the bicentennial of white settlement. Twenty years later, the Australian Broadcasting Corporation (ABC) commissioned Penny Chapman’s multi-platform project based on this book. The 13 episodes of the television series begin in 2008, each telling the story of a child at a different point in history, and are accompanied by substantial interactive online content. Issues as diverse as religious difference and immigration, wartime conscription and trauma, and the experiences of Aboriginal Australians are canvassed. The program itself, which has a second series currently in production, introduces child audiences to—and implicates them in—a rich ideological fabric of deeply politicised issues that directly engage with vexed questions of Australian nationhood. The series offers a subversive view of Australian history and society, and it is the child—whether protagonist on the screen or the viewer/user of the content—who is left to discover, negotiate and move beyond often problematic societal norms. As one of the public broadcaster’s keystone projects, My Place signifies important developments in ABC’s construction of multicultural child citizenship. The digitisation of Australian television has facilitated a wave of multi-channel and new media innovation. Though the development of a multi-channel ecology has occurred significantly later in Australia than in the US or Europe, in part due to genre restrictions on broadcasters, all major Australian networks now have at least one additional free-to-air channel, make some of their content available online, and utilise various forms of social media to engage their audiences. The ABC has been in the vanguard of new media innovation, leveraging the industry dominance of ABC Online and its cross-platform radio networks for the repurposing of news, together with the additional funding for digital renewal, new Australian content, and a digital children’s channel in the 2006 and 2009 federal budgets. In line with “market failure” models of broadcasting (Born, Debrett), the ABC was once the most important producer-broadcaster for child viewers. With the recent allocation for the establishment of ABC3, it is now the catalyst for a significant revitalisation of the Australian children’s television industry. The ABC Charter requires it to broadcast programs that “contribute to a sense of national identity” and that “reflect the cultural diversity of the Australian community” (ABC Documents). Through its digital children’s channel (ABC3) and its multi-platform content, child viewers are not only exposed to a much more diverse range of local content, but also politicised by an intricate network of online texts connected to the TV programs. The representation of diasporic communities through and within multi-platformed spaces forms a crucial part of the way(s) in which collective identities are now being negotiated in children’s texts. An analysis of one of the ABC’s My Place “projects” and its associated multi-platformed content reveals an intricate relationship between postcolonial concerns and the construction of child citizenship. Multicultural Places, Multi-Platformed Spaces: New Media Innovation at the ABC The 2007 restructure at the ABC has transformed commissioning practices along the lines noted by James Bennett and Niki Strange of the BBC—a shift of focus from “programs” to multi-platform “projects,” with the latter consisting of a complex network of textual production. These “second shift media practices” (Caldwell) involve the tactical management of “user flows structured into and across the textual terrain that serve to promote a multifaceted and prolonged experience of the project” (Bennett and Strange 115). ABC Managing Director Mark Scott’s polemic deployment of the “digital commons” trope (Murdock, From) differs from that of his opposite number at the BBC, Mark Thompson, in its emphasis on the glocalised openness of the Australian “town square”—at once distinct from, and an integral part of, larger conversations. As announced at the beginning of the ABC’s 2009 annual report, the ABC is redefining the town square as a world of greater opportunities: a world where Australians can engage with one another and explore the ideas and events that are shaping our communities, our nation and beyond … where people can come to speak and be heard, to listen and learn from each other. (ABC ii)The broad emphasis on engagement characterises ABC3’s positioning of children in multi-platformed projects. As the Executive Producer of the ABC’s Children’s Television Multi-platform division comments, “participation is very much the mantra of the new channel” (Glen). The concept of “participation” is integral to what has been described elsewhere as “rehearsals in citizenship” (Northam). Writing of contemporary youth, David Buckingham notes that “‘political thinking’ is not merely an intellectual or developmental achievement, but an interpersonal process which is part of the construction of a collective, social identity” (179). Recent domestically produced children’s programs and their associated multimedia applications have significant potential to contribute to this interpersonal, “participatory” process. Through multi-platform experiences, children are (apparently) invited to construct narratives of their own. Dan Harries coined the term “viewser” to highlight the tension between watching and interacting, and the increased sense of agency on the part of audiences (171–82). Various online texts hosted by the ABC offer engagement with extra content relating to programs, with themed websites serving as “branches” of the overarching ABC3 metasite. The main site—strongly branded as the place for its targeted demographic—combines conventional television guide/program details with “Watch Now!,” a customised iView application within ABC3’s own themed interface; youth-oriented news; online gaming; and avenues for viewsers to create digital art and video, or interact with the community of “Club3” and associated message boards. The profiles created by members of Club3 are moderated and proscribe any personal information, resulting in an (understandably) restricted form of “networked publics” (boyd 124–5). Viewser profiles comprise only a username (which, the website stresses, should not be one’s real name) and an “avatar” (a customisable animated face). As in other social media sites, comments posted are accompanied by the viewser’s “name” and “face,” reinforcing the notion of individuality within the common group. The tool allows users to choose from various skin colours, emphasising the multicultural nature of the ABC3 community. Other customisable elements, including the ability to choose between dozens of pre-designed ABC3 assets and feeds, stress the audience’s “ownership” of the site. The Help instructions for the Club3 site stress the notion of “participation” directly: “Here at ABC3, we don’t want to tell you what your site should look like! We think that you should be able to choose for yourself.” Multi-platformed texts also provide viewsers with opportunities to interact with many of the characters (human actors and animated) from the television texts and share further aspects of their lives and fictional worlds. One example, linked to the representation of diasporic communities, is the Abatti Pizza Game, in which the player must “save the day” by battling obstacles to fulfil a pizza order. The game’s prefacing directions makes clear the ethnicity of the Abatti family, who are also visually distinctive. The dialogue also registers cultural markers: “Poor Nona, whatsa she gonna do? Now it’s up to you to help Johnny and his friends make four pizzas.” The game was acquired from the Canadian-animated franchise, Angela Anaconda; nonetheless, the Abatti family, the pizza store they operate and the dilemma they face translates easily to the Australian context. Dramatisations of diasporic contributions to national youth identities in postcolonial or settler societies—the UK (My Life as a Popat, CITV) and Canada (How to Be Indie)—also contribute to the diversity of ABC3’s television offerings and the positioning of its multi-platform community. The negotiation of diasporic and postcolonial politics is even clearer in the public broadcaster’s commitment to My Place. The project’s multifaceted construction of “places,” the ethical positioning of the child both as an individual and a member of (multicultural) communities, and the significant acknowledgement of ongoing conflict and discrimination, articulate a cultural commons that is more open-ended and challenging than the Eurocentric metaphor, the “town square,” suggests. Diversity, Discrimination and Diasporas: Positioning the Viewser of My Place Throughout the first series of My Place, the experiences of children within different diasporic communities are the focal point of five of the initial six episodes, the plots of which revolve around children with Lebanese, Vietnamese, Greek, and Irish backgrounds. This article focuses on an early episode of the series, “1988,” which explicitly confronts the cultural frictions between dominant Anglocentric Australian and diasporic communities. “1988” centres on the reaction of young Lily to the arrival of her cousin, Phuong, from Vietnam. Lily is a member of a diasporic community, but one who strongly identifies as “an Australian,” allowing a nuanced exploration of the ideological conflicts surrounding the issue of so-called “boat people.” The protagonist’s voice-over narration at the beginning of the episode foregrounds her desire to win Australia’s first Olympic gold medal in gymnastics, thus mobilising nationally identified hierarchies of value. Tensions between diasporic and settler cultures are frequently depicted. One potentially reactionary sequence portrays the recurring character of Michaelis complaining about having to use chopsticks in the Vietnamese restaurant; however, this comment is contextualised several episodes later, when a much younger Michaelis, as protagonist of the episode “1958,” is himself discriminated against, due to his Greek background. The political irony of “1988” pivots on Lily’s assumption that her cousin “won’t know Australian.” There is a patronising tone in her warning to Phuong not to speak Vietnamese for fear of schoolyard bullying: “The kids at school give you heaps if you talk funny. But it’s okay, I can talk for you!” This encourages child viewers to distance themselves from this fictional parallel to the frequent absence of representation of asylum seekers in contemporary debates. Lily’s assumptions and attitudes are treated with a degree of scepticism, particularly when she assures her friends that the silent Phuong will “get normal soon,” before objectifying her cousin for classroom “show and tell.” A close-up camera shot settles on Phuong’s unease while the children around her gossip about her status as a “boat person,” further encouraging the audience to empathise with the bullied character. However, Phuong turns the tables on those around her when she reveals she can competently speak English, is able to perform gymnastics and other feats beyond Lily’s ability, and even invents a story of being attacked by “pirates” in order to silence her gossiping peers. By the end of the narrative, Lily has redeemed herself and shares a close friendship with Phuong. My Place’s structured child “participation” plays a key role in developing the postcolonial perspective required by this episode and the project more broadly. Indeed, despite the record project budget, a second series was commissioned, at least partly on the basis of the overwhelmingly positive reception of viewsers on the ABC website forums (Buckland). The intricate My Place website, accessible through the ABC3 metasite, generates transmedia intertextuality interlocking with, and extending the diegesis of, the televised texts. A hyperlinked timeline leads to collections of personal artefacts “owned” by each protagonist, such as journals, toys, and clothing. Clicking on a gold medal marked “History” in Lily’s collection activates scrolling text describing the political acceptance of the phrase “multiculturalism” and the “Family Reunion” policy, which assisted the arrival of 100,000 Vietnamese immigrants. The viewser is reminded that some people were “not very welcoming” of diasporic groups via an explicit reference to Mrs Benson’s discriminatory attitudes in the series. Viewsers can “visit” virtual representations of the program’s sets. In the bedroom, kitchen, living room and/or backyard of each protagonist can be discovered familiar and additional details of the characters’ lives. The artefacts that can be “played” with in the multimedia applications often imply the enthusiastic (and apparently desirable) adoption of “Australianness” by immigrant children. Lily’s toys (her doll, hair accessories, roller skates, and glass marbles) invoke various aspects of western children’s culture, while her “journal entry” about Phuong states that she is “new to Australia but with her sense of humour she has fitted in really well.” At the same time, the interactive elements within Lily’s kitchen, including a bowl of rice and other Asian food ingredients, emphasise cultural continuity. The description of incense in another room of Lily’s house as a “common link” that is “used in many different cultures and religions for similar purposes” clearly normalises a glocalised world-view. Artefacts inside the restaurant operated by Lily’s mother link to information ranging from the ingredients and (flexible) instructions for how to make rice paper rolls (“Lily and Phuong used these fillings but you can use whatever you like!”) to a brief interactive puzzle game requiring the arrangement of several peppers in order from least hot to most hot. A selectable picture frame downloads a text box labelled “Images of Home.” Combined with a slideshow of static, hand-drawn images of traditional Vietnamese life, the text can be read as symbolic of the multiplicity of My Place’s target audience(s): “These images would have reminded the family of their homeland and also given restaurant customers a sense of Vietnamese culture.” The social-developmental, postcolonial agenda of My Place is registered in both “conventional” ancillary texts, such as the series’ “making of” publication (Wheatley), and the elaborate pedagogical website for teachers developed by the ACTF and Educational Services Australia (http://www.myplace.edu.au/). The politicising function of the latter is encoded in the various summaries of each decade’s historical, political, social, cultural, and technological highlights, often associated with the plot of the relevant episode. The page titled “Multiculturalism” reports on the positive amendments to the Commonwealth’s Migration Act 1958 and provides links to photographs of Vietnamese migrants in 1982, exemplifying the values of equality and cultural diversity through Lily and Phuong’s story. The detailed “Teaching Activities” documents available for each episode serve a similar purpose, providing, for example, the suggestion that teachers “ask students to discuss the importance to a new immigrant of retaining links to family, culture and tradition.” The empathetic positioning of Phuong’s situation is further mirrored in the interactive map available for teacher use that enables children to navigate a boat from Vietnam to the Australian coast, encouraging a perspective that is rarely put forward in Australia’s mass media. This is not to suggest that the My Place project is entirely unproblematic. In her postcolonial analysis of Aboriginal children’s literature, Clare Bradford argues that “it’s all too possible for ‘similarities’ to erase difference and the political significances of [a] text” (188). Lily’s schoolteacher’s lesson in the episode “reminds us that boat people have been coming to Australia for a very long time.” However, the implied connection between convicts and asylum seekers triggered by Phuong’s (mis)understanding awkwardly appropriates a mythologised Australian history. Similarly in the “1998” episode, the Muslim character Mohammad’s use of Ramadan for personal strength in order to emulate the iconic Australian cricketer Shane Warne threatens to subsume the “difference” of the diasporic community. Nonetheless, alongside the similarities between individuals and the various ethnic groups that make up the My Place community, important distinctions remain. Each episode begins and/or ends with the child protagonist(s) playing on or around the central motif of the series—a large fig tree—with the characters declaring that the tree is “my place.” While emphasising the importance of individuality in the project’s construction of child citizens, the cumulative effect of these “my place” sentiments, felt over time by characters from different socio-economic, ethnic, and cultural backgrounds, builds a multifaceted conception of Australian identity that consists of numerous (and complementary) “branches.” The project’s multi-platformed content further emphasises this, with the website containing an image of the prominent (literal and figurative) “Community Tree,” through which the viewser can interact with the generations of characters and families from the series (http://www.abc.net.au/abc3/myplace/). The significant role of the ABC’s My Place project showcases the ABC’s remit as a public broadcaster in the digital era. As Tim Brooke-Hunt, the Executive Head of Children’s Content, explains, if the ABC didn’t do it, no other broadcaster was going to come near it. ... I don’t expect My Place to be a humungous commercial or ratings success, but I firmly believe ... that it will be something that will exist for many years and will have a very special place. Conclusion The reversion to iconic aspects of mainstream Anglo-Australian culture is perhaps unsurprising—and certainly telling—when reflecting on the network of local, national, and global forces impacting on the development of a cultural commons. However, this does not detract from the value of the public broadcaster’s construction of child citizens within a clearly self-conscious discourse of “multiculturalism.” The transmedia intertextuality at work across ABC3 projects and platforms serves an important politicising function, offering positive representations of diasporic communities to counter the negative depictions children are exposed to elsewhere, and positioning child viewsers to “participate” in “working through” fraught issues of Australia’s past that still remain starkly relevant today.References ABC. Redefining the Town Square. ABC Annual Report. Sydney: ABC, 2009. Bennett, James, and Niki Strange. “The BBC’s Second-Shift Aesthetics: Interactive Television, Multi-Platform Projects and Public Service Content for a Digital Era.” Media International Australia: Incorporating Culture and Policy 126 (2008): 106-19. Born, Georgina. Uncertain Vision: Birt, Dyke and the Reinvention of the BBC. London: Vintage, 2004. boyd, danah. “Why Youth ♥ Social Network Sites: The Role of Networked Publics in Teenage Social Life.” Youth, Identity, and Digital Media. Ed. David Buckingham. Cambridge: MIT, 2008. 119-42. Bradford, Clare. Reading Race: Aboriginality in Australian Children’s Literature. Carlton: Melbourne UP, 2001. Brooke-Hunt, Tim. Executive Head of Children’s Content, ABC TV. Interviewed by Dr Leonie Rutherford, ABC Ultimo Center, 16 Mar. 2010. Buckingham, David. After the Death of Childhood: Growing Up in the Age of Electronic Media. Cambridge: Polity, 2000. Buckland, Jenny. Chief Executive Officer, Australian Children’s Television Foundation. Interviewed by Dr Leonie Rutherford and Dr Nina Weerakkody, ACTF, 2 June 2010. Caldwell, John T. “Second Shift Media Aesthetics: Programming, Interactivity and User Flows.” New Media: Theories and Practices of Digitextuality. Eds. John T. Caldwell and Anna Everett. London: Routledge, 2003. 127-44. Debrett, Mary. “Riding the Wave: Public Service Television in the Multiplatform Era.” Media, Culture & Society 31.5 (2009): 807-27. From, Unni. “Domestically Produced TV-Drama and Cultural Commons.” Cultural Dilemmas in Public Service Broadcasting. Eds. Gregory Ferrell Lowe and Per Jauert. Göteborg: Nordicom, 2005. 163-77. Glen, David. Executive Producer, ABC Multiplatform. Interviewed by Dr Leonie Rutherford, ABC Elsternwick, 6 July 2010. Harries, Dan. “Watching the Internet.” The New Media Book. Ed. Dan Harries. London: BFI, 2002. 171-82. Murdock, Graham. “Building the Digital Commons: Public Broadcasting in the Age of the Internet.” Cultural Dilemmas in Public Service Broadcasting. Ed. Gregory Ferrell Lowe and Per Jauert. Göteborg: Nordicom, 2005. 213–30. My Place, Volumes 1 & 2: 2008–1888. DVD. ABC, 2009. Northam, Jean A. “Rehearsals in Citizenship: BBC Stop-Motion Animation Programmes for Young Children.” Journal for Cultural Research 9.3 (2005): 245-63. Wheatley, Nadia. Making My Place. Sydney and Auckland: HarperCollins, 2010. ———, and Donna Rawlins. My Place, South Melbourne: Longman, 1988.

Introduction The counterculture that arose during the 1960s and 1970s left lasting social and political reverberations in developed nations. This was a time of increasing affluence and liberalisation which opened up remarkable political opportunities for social change. Within this context, an array of new social movements were a vital ingredient of the ferment that saw existing norms challenged and the establishment of new rights for many oppressed groups. An expanding arena of concerns included the environmental damage caused by 200 years of industrial capitalism. This article examines one aspect of a current environment movement in Australia, the anti-Coal Seam Gas (CSG) movement, and the part played by participants. In particular, the focus is upon one action that emerged during the recent Bentley Blockade, which was a regional mobilisation against proposed unconventional gas mining (UGM) near Lismore, NSW. Over the course of the blockade, the conventional ritual of waving at passers-by was transformed into a mechanism for garnering broad community support. Arguably, this was a crucial factor in the eventual outcome. In this case, we contend that the wave, rather than a countercultural artefact being appropriated by the mainstream, represents an everyday behaviour that builds social solidarity, which is subverted to become an effective part of the repertoire of the movement. At a more general level, this article examines how counterculture and mainstream interact via the subversion of “ordinary” citizens and the role of certain cultural understandings for that purpose. We will begin by examining the nature of the counterculture and its relationship to social movements before discussing the character of the anti-CSG movement in general and the Bentley Blockade in particular, using the personal experience of one of the writers. We will then be able to explore our thesis in detail and make some concluding remarks. The Counterculture and Social Movements In this article, we follow Cox’s understanding of the counterculture as a kind of meta-movement within which specific social movements are situated. For Cox (105), the counterculture that flourished during the 1960s and 1970s was an overarching movement in which existing social relations—in particular the family—were rejected by a younger generation, who succeeded in effectively fusing previously separate political and cultural spheres of dissent into one. Cox (103-04) points out that the precondition for such a phenomenon is “free space”—conditions under which counter-hegemonic activity can occur—for example, being liberated from the constraints of working to subsist, something which the unprecedented prosperity of the post WWII years allowed. Hence, in the 1960s and 1970s, as the counterculture emerged, a wave of activism arose in the western world which later came to be referred to as new social movements. These included the civil rights movement, women’s liberation, pacifism and the anti-nuclear and environment movements. The new movements rejected established power and organisational structures and tended, some scholars argued, to cross class lines, basing their claims on non-material issues. Della Porta and Diani claim this wave of movements is characterised by: a critical ideology in relation to modernism and progress; decentralized and participatory organizational structures; defense of interpersonal solidarity against the great bureaucracies; and the reclamation of autonomous spaces, rather than material advantages. (9) This depiction clearly announces the countercultural nature of the new social movements. As Carter (91) avers, these movements attempted to bypass the state and instead mobilise civil society, employing a range of innovative tactics and strategies—the repertoire of action—which may involve breaking laws. It should be noted that over time, some of these movements did shift towards accommodation of existing power structures and became more reformist in nature, to the point of forming political parties in the case of the Greens. However, inasmuch as the counterculture represented a merging of distinctively non-mainstream ways of life with the practice of actively challenging social arrangements at a political level (Cox 18–19; Grossberg 15–18;), the tactic of mobilising civil society to join social movements demonstrates in fact a reverse direction: large numbers of people are transfigured in radical ways by their involvement in social movements. One important principle underlying much of the repertoire of action of these new movements was non-violence. Again, this signals countercultural norms of the period. As Sharp (583–86) wrote at the time, non-violence is crucial in that it denies the aggressor their rationale for violent repression. This principle is founded on the liberal notion, whose legacy goes back to Locke, that the legitimacy of the government rests upon the consent of the governed—that is, the people can withdraw their consent (Locke in Ball & Dagger 92). Ghandi also relied upon this idea when formulating his non-violent approach to conflict, satyagraha (Sharp 83–84). Thus an idea that upholds the modern state is adopted by the counterculture in order to undermine it (the state), again demonstrating an instance of counterflow from the mainstream. Non-violence does not mean non-resistance. In fact, it usually involves non-compliance with a government or other authority and when practised in large numbers, can be very effective, as Ghandi and those in the civil rights movement showed. The result will be either that the government enters into negotiation with the protestors, or they can engage in violence to suppress them, which generally alienates the wider population, leading to a loss of support (Finley & Soifer 104–105). Tarrow (88) makes the important point that the less threatening an action, the harder it is to repress. As a result, democratic states have generally modified their response towards the “strategic weapon of nonviolent protest and even moved towards accommodation and recognition of this tactic as legitimate” (Tarrow 172). Nevertheless, the potential for state violence remains, and the freedom to protest is proscribed by various laws. One of the key figures to emerge from the new social movements that formed an integral part of the counterculture was Bill Moyer, who, in conjunction with colleagues produced a seminal text for theorising and organising social movements (Moyer et al.). Many contemporary social movements have been significantly influenced by Moyer’s Movement Action Plan (MAP), which describes not only key theoretical concepts but is also a practical guide to movement building and achieving aims. Moyer’s model was utilised in training the Northern Rivers community in the anti-CSG movement in conjunction with the non-violent direct action (NVDA) model developed by the North-East Forest Alliance (NEFA) that resisted logging in the forests of north-eastern NSW during the late 1980s and 1990s (Ricketts 138–40). Indeed, the Northern Rivers region of NSW—dubbed the Rainbow Region—is celebrated, as a “‘meeting place’ of countercultures and for the articulation of social and environmental ideals that challenge mainstream practice” (Ward and van Vuuren 63). As Bible (6–7) outlines, the Northern Rivers’ place in countercultural history is cemented by the holding of the Aquarius Festival in Nimbin in 1973 and the consequent decision of many attendees to stay on and settle in the region. They formed new kinds of communities based on an alternative ethics that eschewed a consumerist, individualist agenda in favour of modes of existence that emphasised living in harmony with the environment. The Terania Creek campaign of the late 1970s made the region famous for its environmental activism, when the new settlers resisted the logging of Nightcap National Park using nonviolent methods (Bible 5). It was also instrumental in developing an array of ingenious actions that were used in subsequent campaigns such as the Franklin Dam blockade in Tasmania in the early 1980s (Kelly 116). Indeed, many of these earlier activists were key figures in the anti-CSG movement that has developed in the Rainbow Region over the last few years. The Anti-CSG Movement Despite opposition to other forms of UGM, such as tight sands and shale oil extraction techniques, the term anti-CSG is used here, as it still seems to attract wide recognition. Unconventional gas extraction usually involves a process called fracking, which is the injection at high pressure of water, sand and a number of highly toxic chemicals underground to release the gas that is trapped in rock formations. Among the risks attributed to fracking are contamination of aquifers, air pollution from fugitive emissions and exposure to radioactive particles with resultant threats to human and animal health, as well as an increased risk of earthquakes (Ellsworth; Hand 13; Sovacool 254–260). Additionally, the vast amount of water that is extracted in the fracking process is saline and may contain residues of the fracking chemicals, heavy metals and radioactive matter. This produced water must either be stored or treated (Howarth 273–73; Sovacool 255). Further, there is potential for accidents and incidents and there are many reports—particularly in the United States where the practice is well established—of adverse events such as compressors exploding, leaks and spills, and water from taps catching fire (Sovacool 255–257). Despite an abundance of anecdotal evidence, until recently authorities and academics believed there was not enough “rigorous evidence” to make a definitive judgment of harm to animal and human health as a result of fracking (Mitka 2135). For example, in Australia, the Queensland Government was unable to find a clear link between fracking and health complaints in the Tara gasfield (Thompson 56), even though it is known that there are fugitive emissions from these gasfields (Tait et al. 3099-103). It is within this context that grassroots opposition to UGM began in Australia. The largest and most sustained challenge has come from the Northern Rivers of New South Wales, where a company called Metgasco has been attempting to engage in UGM for a number of years. Stiff community opposition has developed over this time, with activists training, co-ordinating and organising using the principles of Moyer’s MAP and NEFA’s NVDA. Numerous community and affinity groups opposing UGM sprang up including the Lock the Gate Alliance (LTG), a grassroots organisation opposing coal and gas mining, which formed in 2010 (Lock the Gate Alliance online). The movement put up sustained resistance to Metgasco’s attempts to establish wells at Glenugie, near Grafton and Doubtful Creek, near Kyogle in 2012 and 2013, despite the use of a substantial police presence at both locations. In the event, neither site was used for production despite exploratory wells being sunk (ABC News; Dobney). Metgasco announced it would be withdrawing its operations following new Federal and State government regulations at the time of the Doubtful Creek blockade. However it returned to the fray with a formal announcement in February 2014 (Metgasco), that it would drill at Bentley, 12 kilometres west of Lismore. It was widely believed this would occur with a view to production on an industrial scale should initial exploration prove fruitful. The Bentley Blockade It was known well before the formal announcement that Metgasco planned to drill at Bentley and community actions such as flash mobs, media releases and planning meetings were part of the build-up to direct action at the site. One of the authors of this article was actively involved in the movement and participated in a variety of these actions. By the end of January 2014 it was decided to hold an ongoing vigil at the site, which was still entirely undeveloped. Participants, including one author, volunteered for four-hour shifts which began at 5 a.m. each day and before long, were lasting into the night. The purpose of a vigil is to bear witness, maintain a presence and express a point of view. It thus accords well with the principle of non-violence. Eventually the site mushroomed into a tent village with three gates being blockaded. The main gate, Gate A, sprouted a variety of poles, tripods and other installations together with colourful tents and shelters, peopled by protesters on a 24-hour basis. The vigils persisted on all three gates for the duration of the blockade. As the number of blockaders swelled, popular support grew, lending weight to the notion that countercultural ideas and practices were spreading throughout the community. In response, Metgasco called on the State Government to provide police to coincide with the arrival of equipment. It was rumoured that 200 police would be drafted to defend the site in late April. When alerts were sent out to the community warning of imminent police action, an estimated crowd of 2000 people attended in the early hours of the morning and the police called off their operation (Feliu). As the weeks wore on, training was stepped up, attendees were educated in non-violent resistance and protestors willing to act as police liaison persons were placed on a rotating roster. In May, the State Government was preparing to send up to 800 police and the Riot Squad to break the blockade (NSW Hansard in Buckingham). Local farmers (now a part of the movement) and activist leaders had gone to Sydney in an effort to find a political solution in order to avoid what threatened to be a clash that would involve police violence. A confluence of events, such as: the sudden resignation of the Premier; revelations via the Independent Commission against Corruption about nefarious dealings and undue influence of the coal industry upon the government; a radio interview with locals by a popular broadcaster in Sydney; and the reputed hesitation of the police themselves in engaging with a group of possibly 7,000 to 10,000 protestors, resulted in the Office for Coal Seam Gas suspending Metgasco’s drilling licence on 15 May (NSW Department of Resources & Energy). The grounds were that the company had not adequately fulfilled its obligations to consult with the community. At the date of writing, the suspension still holds. The Wave The repertoire of contention at the Bentley Blockade was expansive, comprising most of the standard actions and strategies developed in earlier environmental struggles. These included direct blocking tactics in addition to the use of more carnivalesque actions like music and theatre, as well as the use of various media to reach a broader public. Non-violence was at the core of all actions, but we would tentatively suggest that Bentley may have provided a novel addition to the repertoire, stemming originally from the vigil, which brought the first protestors to the site. At the beginning of the vigil, which was initially held near the entrance to the proposed drilling site atop a cutting, occupants of passing vehicles below would demonstrate their support by sounding their horns and/or waving to the vigil-keepers, who at first were few in number. There was a precedent for this behaviour in the campaign leading up to the blockade. Activist groups such as the Knitting Nannas against Gas had encouraged vehicles to show support by sounding their horns. So when the motorists tooted spontaneously at Bentley, we waved back. Occupants of other vehicles would show disapproval by means of rude gestures and/or yelling and we would wave to them as well. After some weeks, as a presence began to be established at the site, it became routine for vigil keepers to smile and wave at all passing vehicles. This often elicited a positive response. After the first mass call-out discussed above, a number of us migrated to another gate, where numbers were much sparser and there was a perceived need for a greater presence. At this point, the participating writer had begun to act as a police liaison person, but the practice of waving routinely was continued. Those protecting this gate usually included protestors ready to block access, the police liaison person, a legal observer, vigil-keepers and a passing parade of visitors. Because this location was directly on the road, it was possible to see the drivers of vehicles and make eye contact more easily. Certain vehicles became familiar, passing at regular times, on the way to work or school, for example. As time passed, most of those protecting the gate also joined the waving ritual to the point where it became like a game to try to prise a signal of acknowledgement from the passing motorists, or even to win over a disapprover. Police vehicles, some of which passed at set intervals, were included in this game. Mostly they waved cheerfully. There were some we never managed to win over, but waving and making direct eye contact with regular motorists over time created a sense of community and an acknowledgement of the work we were doing, as they increasingly responded in kind. Motorists could hardly feel threatened when they encountered smiling, waving protestors. By including the disapprovers, we acted inclusively and our determined good humour seemed to de-escalate demonstrated hostility. Locals who did not want drilling to go ahead but who were nevertheless unwilling to join a direct action were thus able to participate in the resistance in a way that may have felt safe for them. Some of them even stopped and visited the site, voicing their support. Standing on the side of the road and waving to passers-by may seem peripheral to the “real” action, even trivial. But we would argue it is a valuable adjunct to a blockade (which is situated near a road) when one of the strategies of the overall campaign is to win popular backing. Hence waving, whilst not a completely new part of the repertoire, constitutes what Tilly (41–45) would call innovation at the margins, something he asserts is necessary to maintain the effectiveness and vitality of contentious action. In this case, it is arguable that the sheer size of community support probably helped to concentrate the minds of the state government politicians in Sydney, particularly as they contemplated initiating a massive, taxpayer-funded police action against the people for the benefit of a commercial operation. Waving is a symbolic gesture indicating acknowledgement and goodwill. It fits well within a repertoire based on the principle of non-violence. Moreover, it is a conventional social norm and everyday behaviour that is so innocuous that it is difficult to see how it could be suppressed by police or other authorities. Therein lies its subversiveness. For in communicating our common humanity in a spirit of friendliness, we drew attention to the fact that we were without rancour and tacitly invited others to join us and to explore our concerns. In this way, the counterculture drew upon a mainstream custom to develop and extend upon a new form of dissent. This constitutes a reversal of the more usual phenomenon of countercultural artefacts—such as “hippie clothing”—being appropriated or co-opted by the prevailing culture (see Reading). But it also fits with the more general phenomenon that we have argued was occurring; that of enticing ordinary residents into joining together in countercultural activity, via the pathway of a social movement. Conclusion The anti-CSG movement in the Northern Rivers was developed and organised by countercultural participants of previous contentious challenges. It was highly effective in building popular support whilst at the same time forging a loose coalition of various activist groups. We have surveyed one practice—the wave—that evolved out of mainstream culture over the course of the Bentley Blockade and suggested it may come to be seen as part of the repertoire of actions that can be beneficially employed under suitable conditions. Waving to passers-by invites them to become part of the movement in a non-threatening and inclusive way. It thus envelops supporters and non-supporters alike, and its very innocuousness makes it difficult to suppress. We have argued that this instance can be referenced to a similar reverse movement at a broader level—that of co-opting liberal notions and involving the general populace in new practices and activities that undermine the status quo. The ability of the counterculture in general and environment movements in particular to innovate in the quest to challenge and change what it perceives as damaging or unethical practices demonstrates its ingenuity and spirit. This movement is testament to its dynamic nature. References ABC News. Metgasco Has No CSG Extraction Plans for Glenugie. 2013. 30 July 2014 ‹http://www.abc.net.au/news/2013-01-22/metgasco-says-no-csg-extraction-planned-for-glenugie/4477652›. Bible, Vanessa. 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IntroductionThe Internet (especially in the so-called Web 2.0 phase), digital media and file-sharing networks have thrust copyright law under public scrutiny, provoking discourses questioning what is fair in the digital age. Accessible hardware and software has led to prosumerism – creativity blending media consumption with media production to create new works that are freely disseminated online via popular video-sharing Web sites such as YouTube or genre specific music sites like GYBO (“Get Your Bootleg On”) amongst many others. The term “prosumer” is older than the Web, and the conceptual convergence of producer and consumer roles is certainly not new, for “at electric speeds the consumer becomes producer as the public becomes participant role player” (McLuhan 4). Similarly, Toffler’s “Third Wave” challenges “old power relationships” and promises to “heal the historic breach between producer and consumer, giving rise to the ‘prosumer’ economics” (27). Prosumption blurs the traditionally separate consumer and producer creating a new creative era of mass customisation of artefacts culled from the (copyrighted) media landscape (Tapscott 62-3). Simultaneously, corporate interests dependent upon the protections provided by copyright law lobby for augmented rights and actively defend their intellectual property through law suits, takedown notices and technological reinforcement. Despite a lack demonstrable economic harm in many cases, the propertarian approach is winning and frequently leading to absurd results (Collins).The balance between private and public interests in creative works is facilitated by the doctrine of fair use (as codified in the United States Copyright Act 1976, section 107). The majority of copyright laws contain “fair” exceptions to claims of infringement, but fair use is characterised by a flexible, open-ended approach that allows the law to flex with the times. Until recently the defence was unique to the U.S., but on 2 January Israel amended its copyright laws to include a fair use defence. (For an overview of the new Israeli fair use exception, see Efroni.) Despite its flexibility, fair use has been systematically eroded by ever encroaching copyrights. This paper argues that copyright enforcement has spun out of control and the raison d’être of the law has shifted from being “an engine of free expression” (Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539, 558 (1985)) towards a “legal regime for intellectual property that increasingly looks like the law of real property, or more properly an idealized construct of that law, one in which courts seeks out and punish virtually any use of an intellectual property right by another” (Lemley 1032). Although the copyright landscape appears bleak, two recent cases suggest that fair use has not fallen by the wayside and may well recover. This paper situates fair use as an essential legal and cultural mechanism for optimising creative expression.A Brief History of CopyrightThe law of copyright extends back to eighteenth century England when the Statute of Anne (1710) was enacted. Whilst the length of this paper precludes an in depth analysis of the law and its export to the U.S., it is important to stress the goals of copyright. “Copyright in the American tradition was not meant to be a “property right” as the public generally understands property. It was originally a narrow federal policy that granted a limited trade monopoly in exchange for universal use and access” (Vaidhyanathan 11). Copyright was designed as a right limited in scope and duration to ensure that culturally important creative works were not the victims of monopolies and were free (as later mandated in the U.S. Constitution) “to promote the progress.” During the 18th century English copyright discourse Lord Camden warned against propertarian approaches lest “all our learning will be locked up in the hands of the Tonsons and the Lintons of the age, who will set what price upon it their avarice chooses to demand, till the public become as much their slaves, as their own hackney compilers are” (Donaldson v. Becket 17 Cobbett Parliamentary History, col. 1000). Camden’s sentiments found favour in subsequent years with members of the North American judiciary reiterating that copyright was a limited right in the interests of society—the law’s primary beneficiary (see for example, Wheaton v. Peters 33 US 591 [1834]; Fox Film Corporation v. Doyal 286 US 123 [1932]; US v. Paramount Pictures 334 US 131 [1948]; Mazer v. Stein 347 US 201, 219 [1954]; Twentieth Century Music Corp. v. Aitken 422 U.S. 151 [1975]; Aronson v. Quick Point Pencil Co. 440 US 257 [1979]; Dowling v. United States 473 US 207 [1985]; Harper & Row, Publishers, Inc. v. Nation Enterprises 471 U.S. 539 [1985]; Luther R. Campbell a.k.a. Luke Skyywalker, et al. v. Acuff-Rose Music, Inc. 510 U.S 569 [1994]). Putting the “Fair” in Fair UseIn Folsom v. Marsh 9 F. Cas. 342 (C.C.D. Mass. 1841) (No. 4,901) Justice Storey formulated the modern shape of fair use from a wealth of case law extending back to 1740 and across the Atlantic. Over the course of one hundred years the English judiciary developed a relatively cohesive set of principles governing the use of a first author’s work by a subsequent author without consent. Storey’s synthesis of these principles proved so comprehensive that later English courts would look to his decision for guidance (Scott v. Stanford L.R. 3 Eq. 718, 722 (1867)). Patry explains fair use as integral to the social utility of copyright to “encourage. . . learned men to compose and write useful books” by allowing a second author to use, under certain circumstances, a portion of a prior author’s work, where the second author would himself produce a work promoting the goals of copyright (Patry 4-5).Fair use is a safety valve on copyright law to prevent oppressive monopolies, but some scholars suggest that fair use is less a defence and more a right that subordinates copyrights. Lange and Lange Anderson argue that the doctrine is not fundamentally about copyright or a system of property, but is rather concerned with the recognition of the public domain and its preservation from the ever encroaching advances of copyright (2001). Fair use should not be understood as subordinate to the exclusive rights of copyright owners. Rather, as Lange and Lange Anderson claim, the doctrine should stand in the superior position: the complete spectrum of ownership through copyright can only be determined pursuant to a consideration of what is required by fair use (Lange and Lange Anderson 19). The language of section 107 suggests that fair use is not subordinate to the bundle of rights enjoyed by copyright ownership: “Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work . . . is not an infringement of copyright” (Copyright Act 1976, s.107). Fair use is not merely about the marketplace for copyright works; it is concerned with what Weinreb refers to as “a community’s established practices and understandings” (1151-2). This argument boldly suggests that judicial application of fair use has consistently erred through subordinating the doctrine to copyright and considering simply the effect of the appropriation on the market place for the original work.The emphasis on economic factors has led courts to sympathise with copyright owners leading to a propertarian or Blackstonian approach to copyright (Collins; Travis) propagating the myth that any use of copyrighted materials must be licensed. Law and media reports alike are potted with examples. For example, in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004) a Sixth Circuit Court of Appeals held that the transformative use of a three-note guitar sample infringed copyrights and that musicians must obtain licence from copyright owners for every appropriated audio fragment regardless of duration or recognisability. Similarly, in 2006 Christopher Knight self-produced a one-minute television advertisement to support his campaign to be elected to the board of education for Rockingham County, North Carolina. As a fan of Star Wars, Knight used a makeshift Death Star and lightsaber in his clip, capitalising on the imagery of the Jedi Knight opposing the oppressive regime of the Empire to protect the people. According to an interview in The Register the advertisement was well received by local audiences prompting Knight to upload it to his YouTube channel. Several months later, Knight’s clip appeared on Web Junk 2.0, a cable show broadcast by VH1, a channel owned by media conglomerate Viacom. Although his permission was not sought, Knight was pleased with the exposure, after all “how often does a local school board ad wind up on VH1?” (Metz). Uploading the segment of Web Junk 2.0 featuring the advertisement to YouTube, however, led Viacom to quickly issue a take-down notice citing copyright infringement. Knight expressed his confusion at the apparent unfairness of the situation: “Viacom says that I can’t use my clip showing my commercial, claiming copy infringement? As we say in the South, that’s ass-backwards” (Metz).The current state of copyright law is, as Patry says, “depressing”:We are well past the healthy dose stage and into the serious illness stage ... things are getting worse, not better. Copyright law has abandoned its reason for being: to encourage learning and the creation of new works. Instead, its principal functions now are to preserve existing failed business models, to suppress new business models and technologies, and to obtain, if possible, enormous windfall profits from activity that not only causes no harm, but which is beneficial to copyright owners. Like Humpty-Dumpty, the copyright law we used to know can never be put back together.The erosion of fair use by encroaching private interests represented by copyrights has led to strong critiques leveled at the judiciary and legislators by Lessig, McLeod and Vaidhyanathan. “Free culture” proponents warn that an overly strict copyright regime unbalanced by an equally prevalent fair use doctrine is dangerous to creativity, innovation, culture and democracy. After all, “few, if any, things ... are strictly original throughout. Every book in literature, science and art, borrows, and must necessarily borrow, and use much which was well known and used before. No man creates a new language for himself, at least if he be a wise man, in writing a book. He contents himself with the use of language already known and used and understood by others” (Emerson v. Davis, 8 F. Cas. 615, 619 (No. 4,436) (CCD Mass. 1845), qted in Campbell v. Acuff-Rose, 62 U.S.L.W. at 4171 (1994)). The rise of the Web 2.0 phase with its emphasis on end-user created content has led to an unrelenting wave of creativity, and much of it incorporates or “mashes up” copyright material. As Negativland observes, free appropriation is “inevitable when a population bombarded with electronic media meets the hardware [and software] that encourages them to capture it” and creatively express themselves through appropriated media forms (251). The current state of copyright and fair use is bleak, but not beyond recovery. Two recent cases suggest a resurgence of the ideology underpinning the doctrine of fair use and the role played by copyright.Let’s Go CrazyIn “Let’s Go Crazy #1” on YouTube, Holden Lenz (then eighteen months old) is caught bopping to a barely recognizable recording of Prince’s “Let’s Go Crazy” in his mother’s Pennsylvanian kitchen. The twenty-nine second long video was viewed a mere twenty-eight times by family and friends before Stephanie Lenz received an email from YouTube informing her of its compliance with a Digital Millennium Copyright Act (DMCA) take-down notice issued by Universal, copyright owners of Prince’s recording (McDonald). Lenz has since filed a counterclaim against Universal and YouTube has reinstated the video. Ironically, the media exposure surrounding Lenz’s situation has led to the video being viewed 633,560 times at the time of writing. Comments associated with the video indicate a less than reverential opinion of Prince and Universal and support the fairness of using the song. On 8 Aug. 2008 a Californian District Court denied Universal’s motion to dismiss Lenz’s counterclaim. The question at the centre of the court judgment was whether copyright owners should consider “the fair use doctrine in formulating a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” The court ultimately found in favour of Lenz and also reaffirmed the position of fair use in relation to copyright. Universal rested its argument on two key points. First, that copyright owners cannot be expected to consider fair use prior to issuing takedown notices because fair use is a defence, invoked after the act rather than a use authorized by the copyright owner or the law. Second, because the DMCA does not mention fair use, then there should be no requirement to consider it, or at the very least, it should not be considered until it is raised in legal defence.In rejecting both arguments the court accepted Lenz’s argument that fair use is an authorised use of copyrighted materials because the doctrine of fair use is embedded into the Copyright Act 1976. The court substantiated the point by emphasising the language of section 107. Although fair use is absent from the DMCA, the court reiterated that it is part of the Copyright Act and that “notwithstanding the provisions of sections 106 and 106A” a fair use “is not an infringement of copyright” (s.107, Copyright Act 1976). Overzealous rights holders frequently abuse the DMCA as a means to quash all use of copyrighted materials without considering fair use. This decision reaffirms that fair use “should not be considered a bizarre, occasionally tolerated departure from the grand conception of the copyright design” but something that it is integral to the constitution of copyright law and essential in ensuring that copyright’s goals can be fulfilled (Leval 1100). Unlicensed musical sampling has never fared well in the courtroom. Three decades of rejection and admonishment by judges culminated in Bridgeport Music, Inc., et al v. Dimension Films et al 383 F. 3d 400 (6th Cir. 2004): “Get a license or do not sample. We do not see this stifling creativity in any significant way” was the ruling on an action brought against an unlicensed use of a three-note guitar sample under section 114, an audio piracy provision. The Bridgeport decision sounded a death knell for unlicensed sampling, ensuring that only artists with sufficient capital to pay the piper could legitimately be creative with the wealth of recorded music available. The cost of licensing samples can often outweigh the creative merit of the act itself as discussed by McLeod (86) and Beaujon (25). In August 2008 the Supreme Court of New York heard EMI v. Premise Media in which EMI sought an injunction against an unlicensed fifteen second excerpt of John Lennon’s “Imagine” featured in Expelled: No Intelligence Allowed, a controversial documentary canvassing alleged chilling of intelligent design proponents in academic circles. (The family of John Lennon and EMI had previously failed to persuade a Manhattan federal court in a similar action.) The court upheld Premise Media’s arguments for fair use and rejected the Bridgeport approach on which EMI had rested its entire complaint. Justice Lowe criticised the Bridgeport court for its failure to examine the legislative intent of section 114 suggesting that courts should look to the black letter of the law rather than blindly accept propertarian arguments. This decision is of particular importance because it establishes that fair use applies to unlicensed use of sound recordings and re-establishes de minimis use.ConclusionThis paper was partly inspired by the final entry on eminent copyright scholar William Patry’s personal copyright law blog (1 Aug. 2008). A copyright lawyer for over 25 years, Patry articulated his belief that copyright law has swung too far away from its initial objectives and that balance could never be restored. The two cases presented in this paper demonstrate that fair use – and therefore balance – can be recovered in copyright. The federal Supreme Court and lower courts have stressed that copyright was intended to promote creativity and have upheld the fair doctrine, but in order for the balance to exist in copyright law, cases must come before the courts; copyright myth must be challenged. As McLeod states, “the real-world problems occur when institutions that actually have the resources to defend themselves against unwarranted or frivolous lawsuits choose to take the safe route, thus eroding fair use”(146-7). ReferencesBeaujon, Andrew. “It’s Not the Beat, It’s the Mocean.” CMJ New Music Monthly. April 1999.Collins, Steve. “Good Copy, Bad Copy: Covers, Sampling and Copyright.” M/C Journal 8.3 (2005). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0507/02-collins.php›.———. “‘Property Talk’ and the Revival of Blackstonian Copyright.” M/C Journal 9.4 (2006). 26 Aug. 2008 ‹http://journal.media-culture.org.au/0609/5-collins.php›.Donaldson v. Becket 17 Cobbett Parliamentary History, col. 953.Efroni, Zohar. “Israel’s Fair Use.” The Center for Internet and Society (2008). 26 Aug. 2008 ‹http://cyberlaw.stanford.edu/node/5670›.Lange, David, and Jennifer Lange Anderson. “Copyright, Fair Use and Transformative Critical Appropriation.” Conference on the Public Domain, Duke Law School. 2001. 26 Aug. 2008 ‹http://www.law.duke.edu/pd/papers/langeand.pdf›.Lemley, Mark. “Property, Intellectual Property, and Free Riding.” Texas Law Review 83 (2005): 1031.Lessig, Lawrence. The Future of Ideas. New York: Random House, 2001.———. Free Culture. New York: Penguin, 2004.Leval, Pierre. “Toward a Fair Use Standard.” Harvard Law Review 103 (1990): 1105.McDonald, Heather. “Holden Lenz, 18 Months, versus Prince and Universal Music Group.” About.com: Music Careers 2007. 26 Aug. 2008 ‹http://musicians.about.com/b/2007/10/27/holden-lenz-18-months-versus-prince-and-universal-music-group.htm›.McLeod, Kembrew. “How Copyright Law Changed Hip Hop: An interview with Public Enemy’s Chuck D and Hank Shocklee.” Stay Free 2002. 26 Aug. 2008 ‹http://www.stayfreemagazine.org/archives/20/public_enemy.html›.———. Freedom of Expression: Overzealous Copyright Bozos and Other Enemies of Creativity. United States: Doubleday, 2005.McLuhan, Marshall, and Barrington Nevitt. Take Today: The Executive as Dropout. Ontario: Longman Canada, 1972.Metz, Cade. “Viacom Slaps YouTuber for Behaving like Viacom.” The Register 2007. 26 Aug. 2008 ‹http://www.theregister.co.uk/2007/08/30/viacom_slaps_pol/›.Negativland, ed. Fair Use: The Story of the Letter U and the Numeral 2. Concord: Seeland, 1995.Patry, William. The Fair Use Privilege in Copyright Law. Washington DC: Bureau of National Affairs, 1985.———. “End of the Blog.” The Patry Copyright Blog. 1 Aug. 2008. 27 Aug. 2008 ‹http://williampatry.blogspot.com/2008/08/end-of-blog.html›.Tapscott, Don. The Digital Economy: Promise and Peril in the Age of Networked Intelligence. New York: McGraw Hill, 1996.Toffler, Alvin. The Third Wave. London, Glasgow, Sydney, Auckland. Toronto, Johannesburg: William Collins, 1980.Travis, Hannibal. “Pirates of the Information Infrastructure: Blackstonian Copyright and the First Amendment.” Berkeley Technology Law Journal, Vol. 15 (2000), No. 777.Vaidhyanathan, Siva. Copyrights and Copywrongs: The Rise of Intellectual Property and How It Threatens Creativity. New York; London: New York UP, 2003.

Presents an educational multimedia development project created to teach novice learners about the various elements of the film making process. The multimedia web site designed for this project was created using Macromedia Flash 8. The process involved surveying people to determine learner needs and alpha and beta testing the final project to gather data regarding functionality and learner satisfaction.

The purpose of this study is to investigate directing, especially from the perspective of a director's relationship with actors. It is intended as a resource for beginning film makers, including an investigation of current beliefs and practices of both experienced and beginning directors, a workbook of exercises, a documentary illustrating these techniques and a short film that exemplifies performance gained through adherence to a selection of these techniques. The key focus of this study is to produce a resource that aims to give directors an understanding of possible approaches to facilitating productive actor - director relationships. It deals with techniques that relate specifically to one of their human resources - the actors. Developing performance in actors assists directors to enhance the integrity of their films, empowering them through a shared language that effectively communicates with actors. Individuals wishing to work as film and television directors require an understanding of the craft of acting and how it fits in this medium. Specifically, they need to demonstrate conceptual originality and logistic viability while harnessing the diverse talents and skills of a creative team. Therefore, directors need to speak a common language, which draws together the interpretative skills of this team. This study aims to develop skills in communication with actors.

Disturbing the Peace is a short, 16mm sync-sound fiction film. Alone one stormy night, a woman must contend with an intruder breaking into her home. The intruder turns out to be a teenage boy. He claims to have broken in only to retrieve a family heirloom he hid there when he and his parents lived in the same house years ago. When the boy finds the heirloom, the woman begins to believe his story, and soon realizes he doesn't have a good home life. The boy asks permission to stay until the storm breaks. She agrees. Should the boy be trusted, or is he telling one lie after another? The police arrive to witness the outcome of the story.

There are many films that deal with the subject of altered mental states and psychotic experiences. Some films present these experiences objectively, recording and presenting events as they unfold. Other films present these experiences from a subjective perspective, attempting to directly portray a character's experience. The use of different cinematic devices to directly represent the mental state of a character is my area of research. In this paper I explore the direct representation of mental states in dramatic film. During my research I studied films that have done this, with reference to how they have used cinematography, narrative devices, montage, sound and production design for this purpose. The main body of work for my thesis is a sixteen minute short film, The Machine. This paper, an analysis of my film, is an adjunct to the video presentation. It describes my attempt to make a film about a mental breakdown represented by the progression from one distinct visual reality to another. It describes how a variety of directors, films, video clips, books about film, photographers and fashion designers have influenced my thinking about film making with regard to this project. I describe in some detail my experience of the dramas of preproduction, the shoot, post-production, and exhibition of my film. In the reflective analysis I discuss the strengths and weakness of my film, what I would now do differently and some theoretical aspects of its meaning.

The historical development of independent filmmaking has led to a situation in which an independent filmmaker must do two important things to achieve distribution and success. The filmmaker should continue study and mastery of the skills and methodologies needed in development, pre-production, production, post-production, and distribution. These skills and methods help the filmmaker to produce a quality film. The most important thing the filmmaker can do is to see that the film conforms to the Hollywood narrative standard. This standard is ingrained in a majority of the audience and deviation usually meets resistance. The standard not only includes story structure, but the use of name actors and some elements of physical action.

Orientador: Fernão Vitor Pessoa de Almeida Ramos
Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Artes
Made available in DSpace on 2018-08-25T20:03:14Z (GMT). No. of bitstreams: 1 Ramos_Luciano_D.pdf: 19973950 bytes, checksum: 99e0ecf0f122e3ef9cf74f5702ced618 (MD5) Previous issue date: 2014
Resumo: Esta tese consiste num levantamento acerca da história da produção e da comercialização de filmes de entretenimento em São Paulo, tomada como vertente específica da história do cinema brasileiro e elegendo como protagonista, ou eixo central da narrativa a trajetória de Oswaldo Massaini e das empresas às quais ele esteve vinculado: a Cinédia e, principalmente, a Cinedistri. Foi ele o produtor de O Pagador de Promessas em 1962, o único filme brasileiro a ser agraciado, até hoje, com a Palma de Ouro do Festival de Cannes. O período abordado se inicia nos anos de 1930, com a origem da Cinédia onde Oswaldo Massaini ingressou, em 1943, e termina com a sucessão da Cinedistri pela Cinearte na década de 1980. Mas avança no tempo um pouco mais, porque Massaini deixou sucessores ainda em atividade. Focalizando em detalhe suas estruturas de produção, esta pesquisa procura conhecer melhor os meandros e a lógica dessa trajetória empresarial comprometida com a produção e a distribuição de filmes unicamente brasileiros, marcada por uma continuada estabilidade ao longo de quase meio século
Abstract: This thesis consists of a survey on the history of the production and marketing of filmed entertainment in Sao Paulo, taken as a specific aspect of the history of Brazilian cinema and electing as the protagonist, or central axis of the narrative the trajectory of Oswaldo Massaini and the firms to which he was bound: the Cinédia and especially the Cinedistri. He was the producer of "O Pagador de Promessas" in 1962, the only Brazilian film to be awarded, to this date, with the Palme d'Or at the Cannes Film Festival. The period covered begins in the 1930s, with the presence of Oswaldo Massaini at the Cinédia, which began in 1937 and ends with the succession of the Cinedistri to Cinearte in the 1980s. But advances in time a bit longer, because Massaini left successors still active. Focusing in detail their production structures, this research seeks to better understand the intricacies and logic that committed to the production and distribution business history of only Brazilian films, marked by a continued stability, during over nearly half a century
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