Literatura científica selecionada sobre o tema "Society of Friends of Glasgow Cathedral"

This research note reports on observations of the Sunday Assembly and places this movement in the wider context of ‘secular spirituality’: those who do not hold traditional religious beliefs but engage in spiritual or religiously shaped practices. In particular, we argue that the group identified in the sociology of religion as ‘Nones’, or people who identify as ‘spiritual but not religious’, commonly engage in spiritual practices and have spiritual aspirations. Observations of Sunday Assemblies are compared with the situation of the Religious Society of Friends (Quakers) and other church settings such as cathedral attendance to shed light on varied religious participation by ‘Nones’. As such, it suggests that researchers investigating nones or non-theists may need to better understand the spiritual nature of their engagement.

The fight against asylum and immigration policies and their punitive impact on young people and their families was given high-profile media and political attention when the 'Glasgow Girls' at Drumchapel High School campaigned against the detention of one of their school friends in 2005. Amal Azzudin played a key role in fighting for her friend to be released from detention and, in the process, engaged with teachers, other pupils at Drumchapel High School, politicians and the media, raising awareness of the way in which asylum seekers without leave to remain were being treated. The campaign was instrumental in challenging mainstream attitudes and assumptions, and informing policy debates. Amal, in this piece, discusses the campaign and her continuing commitment to fighting against racism and inequality in all areas of society. She offers an insight into the successes that can be achieved when groups come together to fight against oppression in all its forms.

Alexander Robertus Todd (Alex to his friends), was born in October 1907 in Cathcart, to the south of Glasgow. His father, Alexander Todd, of southern Scottish descent, was at first a clerk in the Glasgow Subway Railway Company and later its Secretary; subsequently he was the Managing Director of the Drapery and Furnishing Co–operative Society Ltd in Glasgow. He was ambitious to better himself and his family and although his formal teaching had ended at thirteen he held a strong regard for education and was determined, as was his wife Jane (née Lowry) that it should not be denied to their children. As their affluence increased they moved to the village of Clarkston, whence Alex had to trudge one and a half miles each day to the public school in Cathcart. One should recall that this was during wartime: life was hard and boots were of poor quality. At the age of eleven he passed the entrance examination to Allan Glen's school, the Glasgow High School of Science in the centre of the city. Among the teachers was Robert Gillespie, who taught chemistry and fostered Alex's growing interest in that subject. This gave him the impetus, after passing the Higher Leaving Certificate examination in 1924, to enter the University of Glasgow to read for an honours degree in chemistry. Once there, he was recognized by his teachers as a highly talented student, taking the James Black Medal and the Roger Muirhead Prize in his first year, which also gave him a scholarship for the rest of his course. Alex graduated BSc with first class honours in 1928 and was awarded a Carnegie Research Scholarship of €100 a year to work with Professor T.S. Patterson. He and his predecessor, G.G. Henderson, F.R.S., had strong interests in alchemy and the history of chemistry. The latter subject was even compulsory in the final year. Alex was interested in this and, much later in life, spoke and wrote knowledgeably on several aspects of the history of organic chemistry. Patterson's research interest was optical rotatory dispersion and, although Todd's first two papers were published jointly with Patterson in 1929 (1, 2)*, it was clear that a subject in which theory and practice made little contact was not for him. With encouragement from Patterson, Alex transferred to the University of Frankfurt to work in the laboratory of W. Borsche.

The aim of the research is to understand the “male” version of a woman in the prose of young emigrants: firstly, the metaphysical intuitions of female characters, and, secondly, the discovery of the metaphysical essence of a woman in the perception of characters and authors. The material of research is Vasilyy Yanovsky’s story “The Second Love” (1933) and Boris Poplavsky’s novel Apollo Bezobrazov (1932), and episodically Poplavsky’s novel Home From Heaven (1935). The main aspects of comparative analysis are the image of an emigrant woman (Yanovsky’s nameless heroine and Poplavsky’s Teresa) and the plot of her personal and metaphysical selfidentification (building a myth about her connection with God and the transcendent). The attitude towards explaining the female consciousness appears in the narration: the main narrators, carriers of the male consciousness, introduce the female “voice” (the heroines’ diaries) that objectifies and mythologizes women. In both works, the picture of the world is built in accordance with the world image of female characters: in the opposition “earth/heaven”, close to the symbolist dual world. The plots of the heroines recreate their personal and metaphysical self-identification – the search for their place in the earthly and metaphysical realities, identification of themselves in relation to God, and not to society – and the author’s test of the salvation of the metaphysical myth both for the women and for the male characters. Based on the classifications of the image of a woman in Russian culture (traditional type, demonic type, woman- heroine), the author has established that the image of an emigrant woman in Yanovsky and Poplavsky is closer to the traditional type. Although the heroines are not allowed to realize themselves in the sphere of the family, to fulfill their biological destiny, they are not the carriers of Eros, but victims of the male world, open to metaphysical spirituality. Allusions to the Mother of God bring together the heroines of Yanovsky and Poplavsky (Teresa’s intercession for other characters, the pregnancy of Yanovsky’s heroine). The author interprets the key event of Yanovsky’s story – the transformation of the heroine on the top of the Notre Dame Cathedral as a result of the appearance of God to her – as a rewriting of real events for the aim of self-justification and self-persuasion. Transformation is associated with the expectation of a child, pregnancy, and the divine meaning she has acquired is a miracle of a new life that has arisen inside her. However, the modern “Mother of God” does not fulfill her mission: the heroine of Yanovsky does not give birth to a new life and does not find her place in the world; she remains an emigrant in an existential sense. Teresa in Poplavsky’s novel is unable to overcome the collapse of the “paradise of friends”, to cement the existence of a small circle of people with spiritual efforts. In the novel Home from Heaven, Poplavsky shows a really established type of a modern woman: “earthly” temptresses Katya and Tanya, who do not become a salvation for the central character, like Teresa in the first novel. Poplavsky finds a tragic gap between corporality and the metaphysics of the feminine, Yanovsky sees in a woman the connection between the physicality and the metaphysical. Both authors agree on the idea of the doom of a woman in modern reality and the impossibility of transforming the world with the Eternal Femininity.

That was the year that was! 2021 seemingly arrived just yesterday and now we are shortly to bid it farewell. I hailed its predecessor as heralding the hope for a new clarity of vision – the start of a new decade which promised much. However, I have become reminded that perfect 20/20 vision in the present may not necessarily lead to reliable predictions for the future. Further I have immediately been taken back to my undergraduate days and the unforgettable words of the great poet T. S Eliot in his poem Burnt Norton – the first of the four Quartets Time present and time past Are both perhaps present in time future, And time future contained in time past. If all time is eternally present All time is unredeemable. What might have been is an abstraction Remaining a perpetual possibility Only in a world of speculation. What might have been and what has been Point to one end, which is always present They are words that seem to ring particularly true not only to anyone contemplating their remorselessly advancing years and reflecting on a career nearing completion, but they also seem particularly apposite for the experiences of the last two years. The pandemic started by destroying our expectations and predictions for what lay ahead. It ensured that our best laid plans for our immediate futures would remain unfulfilled and thus unredeemable. Subsequently during the year, we were left to speculate as to our future pathways - not only with regard to our professional activities, but also concerning our personal and family relationships – with a whole world of separation between ourselves and those of our kith and kin domiciled in distant lands. Though for some it may have been no more than a regional border! Such forced isolation caused many of us to think backwards as well, reflecting on our past trajectories and recalling both mistakes and successes alike. Yet for many it became a time to substitute the incessant demands of work and its associated travel and busy-ness with former and forgotten pleasures. Leisurely walks with friends and family, the rediscovering of rhythms and tempos unimpeded by the daily demands of our diaries and other extraneous demands on our time that had required us to respond immediately and forgo the immediate needs of the surroundings and people closest to us. Above all, with the future in limbo and the past re-emerging in our minds, it reinforced the realisation that the present is what we really have, and it contains what is most important. For a time, the incessant chatter and noise of the media retained our attention, just as it had dominated our attention at the end of 2019. Yet, somehow during the year, the hype and frenzied reporting seems to have diminished in impact. This was nowhere more evident than in the responses to COP26 – the 26th United Nations Climate Change Conference in Glasgow, UK. Items in the press came thick and fast leading up to the event: predictions of planetary doom; political conflicts were highlighted as world leaders met or didn’t meet on the conference stage; appearances by the celebrities of the world; demonstrations aplenty. All of this breathless activity faded imperceptibly out of our consciousness as the serious (but more boring?) negotiations between nations started to take place, with much of the brilliance of the limelight now exhausted. The anticlimactic conclusion was judged by Boris Johnson, the chair and among the most optimistic of politicians, as achieving a 6 out of 10. Several positive outcomes were identified such as: commitments to end deforestation; a global methane pledge; a socalled ‘Breakthrough Agenda’, which committed countries to work together to accelerate the clean energy transition. Yet predictably, this was labelled by the critics and activists as too little too late. Although there are many who would see climate crisis as the major crisis that faces us – there are many other current crises of even more pressing and immediate concern to very many of us. The most urgent of which, would depend upon your own circumstances and where you might find yourself in the world. Examples from recent media would include: the loss of previously taken for granted freedoms in Hong Kong; increased fears for personal safety and the prospect of hunger and poverty in Afghanistan; the loss of political freedoms and the prospects of war in Belarus and the Ukraine; the prospect of secession leading to renewed civil war in Serbia; another military coup in Sudan; civil unrest in Cuba, etc etc.. On a global scale the movement of people leaving failed states and war-torn areas looking for the chance to make a better future, has continued to increase on a scale that the world is quite unable to manage. Sadly, even in the countries that are eagerly sought as destinies, there seem to be endless stories of strife, anxiety and anger to be told. The Economist provides the example of France, the ninth largest economy in the world with the 20th largest population of 67+ million. This pillar of Europe is facing a presidential election. Far from rejoicing in its prosperity, stability and proud history – the mood is sombre. Tune in to any French prime time talk show this autumn, and discussion rages over the country’s wretched decline. France is losing its factories and jobs, squeezing incomes and small businesses, destroying its landscapes and language, neglecting its borders and squandering its global stature. Its people are fractious and divided, if not on the verge of a civil war, as a public letter from retired army officers suggested earlier this year. At the second presidential primary debate for the centre-right Republicans party, on November 14th, the five candidates competed with each other to chronicle French disaster. Listen to the hard right, and it is “the death of France as we know it”. The anxiety is widespread. In a recent poll 75% agreed that France is “in decline”. When asked to sum up their mood in another survey, the French favoured three words: uncertainty, worry and fatigue. So, we are entitled to ask, what is happening in the world as we contemplate the path out of Covid? Should we not be expecting some feeling of optimism and gratitude that modern medicine has provided a way forward out of the pandemic through vaccination and new medical treatments? We should be putting the trials and tribulations of the pandemic behind us, embracing the lessons we have learnt and anticipating the benefits of the reassessments and recalibrations we have undergone over the last two years. Yet instead, we seem to be facing re-entry into a world of strife and dissension. It is a view that that would seem to encourage retreat into the comfort of a limited and familiar space, rather than striking out confidently and optimistically. So, to return to Eliot – perhaps we need to be reminded that the present is all we have. We will only be able to experience our future when we arrive there. Therefore, the pathway we choose to it, should be as smooth, rich and rewarding as possible. It should not be characterised by hedonism but rather by enhancing rather than diminishing the future. Every moment spent devaluing either our future or our past, is a moment that further undermines our present. This last point is particularly true when we fail to see our present in the context of both our past and future. One of the major contributions to this current angst within our societies, appears to be the cultural wars being waged by the warriors of WOKE. Passing judgements on figures from a previous time, without a clear understanding of the context in which they operated makes absolutely no sense. It is akin to a capital punishment abolitionist vilifying the heroes of the French Revolution for allowing Madame Guillotine to be the agent of their retribution against the aristocracy. So, it is with defacing statues of those who lived and acted in far different times and were the product of the dominant values and beliefs of that time. It is indeed an act of vandalism. If we remove all evidence of the history to which such people belonged, how can we expect to learn from that time and ensure that the world does indeed move forward? Although we are talking about the context provided by time – this is equally true of all the contexts in which we currently find ourselves. It is impossible to understand human behaviour without knowing and understanding the context in which it occurs. This is a key principle of the science of human behaviour. Alas it is a principle that has been neglected in the sport sciences in recent years. Whereas research into the physiology, psychology and biomechanics of sport has flourished, too often it is reported in a way that fails to adequately take account of the context in which it occurs. It is why so many findings are ungeneralisable and remain in the laboratory rather than making the journey out onto the playing field of life. Understanding the history and the social context within which sport is practised is essential if scientists and professionals are going to be able to make comparisons between findings gained in different settings. Comparative studies in sport and physical education play an important role in enabling knowledge and understanding about these institutions to be widely shared. Our journal therefore has an important role to play in the development and sharing of knowledge and understanding between scientists and professionals in different settings. This is a role that has been filled by our journal over the last forty-three years. I am pleased to be able to report that the society (ISCPES), following a break of four years in activity, will be meeting again at the end of this year. The meeting which can be attended online will be hosted by Lakshmibai National College of Physical Education in India. Details are provided in this edition, and I commend this important meeting to you. That there is an interest and demand in comparative and international studies is clear from the number of submissions we have been receiving for our journal. The chance to meet with fellow researchers and colleagues in real time, if not actually face to face, is to be welcomed. It is my fervent hope that this will lead to continuing growth in interest in our multidiscipline and internationally focused field. I congratulate the organisers for their initiative. I would also like to pay tribute to former president Dr Walter Ho of the University of Macau, for his role in this as well as for his continuing support of our journal. So, I come to commend to you the contributions of this latest volume. They come from four different continents and as such provide a representative cross section of our readership. The topics about which they write give an example of the range of understanding and practices that can usefully be shared amongst us. In our first paper Croteau, Eduljee and Murphy report on the health, lifestyle behaviours and well-being of international Masters field hockey athletes. The Masters sport movement provides an important example of why sport represents a solid investment in assisting individuals to commit to health supporting physical activity across the lifespan. The study is particularly interesting, as it provides evidence of the broader sense of wellbeing to be gained by ongoing participation and also the fact that this benefit seems to apply even in the geographic and culturally different environments provided by life in Europe, North America and, Asia and the Pacific. Our second paper by Kubayi, Coopoo and Toriola addresses a familiar problem – the breakdown in communication between researchers and scientists in sport and the coaches who work with the athletes. The context for this study is provided by elite performance level sport in South Africa and the sports of soccer, athletics, hockey and netball. It is concluded that the sports scientists and academics need to be encouraged to make their work more available by presenting it more frequently face to face during coaching workshops, seminars, clinics and conferences. However, the caveat is that this needs to be done in a way that is understandable, applicable and relevant to helping the coach make effective decisions and solve problems in a way that benefits the athletes as the end product. A team of medical and pedagogical scientists from Gadjah Mada University in Indonesia provide the Asian input to this volume. They raise a concern over the issue of safety and risk in physical education and how well specialists in the subject are prepared in the area of sport injury management. Hidayat, Sakti, Putro, Triannga, Farkhan, Rahayu and Magetsari collaborated in a survey of 191 physical education teachers. They concluded that there was a need for better and more sustained teacher education on this important topic. PE teacher training should not only upgrade teachers’ knowledge but also increase their self-perceptions of competence. PE teachers should be provided with enhanced training on sports injuries and Basic Life Support (BLS) skills, in order to improve the safety and maximize the benefits of PE classes. It is a finding that could usefully be compared with current practices in other countries and settings, given the common focus in the PE lesson on children performing challenging tasks in widely varying contexts. Our final paper by Rojo, Ribeiro and Starepravo takes a very much broader perspective. Sport migration is a relatively new, specialised but expanding field in sports studies. This paper is however significant not for what it can tell us about current knowledge in sport migration, but rather in what it tells us about the way knowledge is gathered and disseminated in a specialist area such as this. Building on the ideas of Bourdieu, they demonstrate how the field of knowledge is shaped by the key actors in the process and how these key actors serve to gather and use their academic capital in that process. As such fields of knowledge can become artificially constricted in both the spaces and cultures in which they develop. The authors highlight a very real problem in the generation and transmission of academic knowledge, and it is one that International Sports Studies is well positioned to address. In conclusion, may I encourage you in sharing with these papers to actively engage in reflecting on the importance of the varying contexts these authors bring and how sensitivity to this can enlarge and deepen our own practices and understanding. John Saunders Brisbane, November 2021

Intellectual property. It's a strange term, indicating from its structure that the questionable notion of property has been appended to something that, in a tangible sense, doesn't even exist. Difficult to grasp, like water, or air, yet at the same time so desirable to own... In Anglo-American law, property is defined, as the eighteenth-century jurist Sir William Blackstone put it, as "that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe" (Terry & Guigni 207). For most physical things, the 'right' of exclusion seems simple enough to understand, and to control. Yet even there, when the boundaries blur, especially over space and time, the results of such 'rights' become less and less manageable, as indicated by the classic 'tragedy of the commons' (Hardin). And once we move outside of the physical realm, and into the world of ideas, or of feelings or the spirit, the notion of an exclusive 'right' of ownership steadily makes less and less sense. It's an issue that's come to the fore with the rise of the Open Source movement, creating software that can be freely shared and used by anyone. There are many arguments about exactly is meant by 'free', though there's often an emphasis on freedom of ideas rather than price: "think of 'free' as in 'free speech', not as in 'free beer'" is how one group describes it (Free Software Foundation). Unlike proprietary software such as Microsoft Windows, the source-code from which the programs are compiled is available is available for anyone to view, amend, extend. As yet, few programmers are paid to do so; certainly no-one is excluded from doing so. The results from this apparently anarchic and altruistic model would be startling for anyone coming from a conventional economics background: for example, Sourceforge, the main Open Source repository, currently hosts almost 60,000 projects, with almost ten times that number of active contributors (Sourceforge). Some of these projects are huge: for example, the Linux kernel is well over a million lines of code, whilst the Gnome user-interface is already almost twice that size. Open Source programs such as the 'LAMP' quadrivirate of the GNU/Linux operating-system, Apache web-server, MySQL database and PHP, Perl or Python scripting languages provide most of the software infrastructure for the Internet (Linux, Apache, MySQL, PHP, Perl, Python). And the Internet returns the favour, by providing a space in which collaboration can happen quickly and for the most part transparently, without much regard for status or location. Yet central though the Internet may be to this new wave of shared 'public good', the core innovations of Open Source are more social than technological. Of these, probably the most important are a specific kind of collaboration, and an unusual twist on copyright law. Eric Raymond's classic essay 'The Cathedral and the Bazaar' is one of the best descriptions of the social processes behind Open Source (Raymond). "Every good work of software starts by scratching a developer's personal itch", says Raymond: see a need, tackle it, share the initial results, ask for help. Larry Wall, the initiator of Perl, "wanted to create something that was so useful that it would be taken up by many people" (Moody 133), and consciously promoted it in much the same way as a missionary (Moody 131). Open access to communications and a culture of shared learning provides the space to "release early, release often" and invite collaboration. Some projects, such as Apache and PHP, are run as a kind of distributed collective, but many are somewhat hierarchical, with a well-known lead-figure at the centre: Linus Torvalds for Linux, Larry Wall for Perl, Guido van Rossum for Python, Miguel de Icaza for Gnome. Yet the style rarely seems hierarchical in practice: the lead-figure's role is that of coordinator and final arbiter of quality, far removed from the militaristic 'command and control' so common in business environments. What makes it work is that anyone can join in, identify a bug, submit a patch, volunteer to design some desirable function or feature, and gain personal satisfaction and social respect for doing so. Programmers’ motivations vary enormously, of course: some share their work as a kind of libertarian statement, whilst others are more driven by a sense of obligation to others in the software-development community, or in the wider world. Yet for many, perhaps most, it's the personal satisfaction that's most important: as Linus Torvalds comments, "most of the good programmers do [Open Source] programming not because they expect to get paid or get adulation by the public, but because it is fun to program" (Torvalds & Ghosh). In that sense it more closely resembles a kind of art-form rather than a conventional business proposition. Realistically, many of the smaller Open Source projects are little more than student exercises, with limited real-world usefulness. But for larger, more relevant projects this borderless, inclusive collaboration usually results in code of very high quality and reliability – "given enough eyeballs, all bugs are shallow" is another of Raymond's aphorisms – in stark contrast to the notorious security holes and general fragility of proprietary products from Redmond and elsewhere. And it leverages different people's skills to create an extraordinary degree of 'win/win', as Linus Torvalds points out: "imagine ten people putting in one hour each every day on the project. They put in one hour of work, but because they share the end results they get nine hours of 'other peoples work' for free. It sounds unfair: get nine hours of work for doing one hour. But it obviously is not" (Torvalds & Ghosh). It's this kind of return-on-investment that's making many businesses more than willing to embrace the 'insanity' of paying programmers to give away their time on Open Source projects (Pavlicek). The hard part, for many businesses, is that it demands a very different approach to business relationships. "Forget business as usual", writes Russell Pavlicek; "forget about demanding your own way; forget fluffy, empty management speeches; forget about fudging facts; forget about marketing that alienates the community; forget about pushing hype rather than real value; forget about taking more than you give" (Pavlicek 131-7). When everything is open, and everyone is in effect a volunteer, none of those time-dishonoured tactics works well. But the real catch is the legal framework under which Open Source is developed and distributed. Conventionally, placing work in the public domain – the intellectual-property equivalent of the commons – means that anyone can apply even the minutest of changes and then declare it exclusively as their own. Walt Disney famously did exactly this with many classics, such as the Grimms' fairy-tales or Rudyard Kipling's Jungle Book. The Free Software Foundation's 'GNU Public License' – used for most Open Source software – avoids this by copyrighting the work, permitting freedom to view, amend and extend the code for any purpose, but requiring that any new version permit the same freedoms (GNU/FSF). This inclusive approach – nicknamed 'copyleft' in contrast to conventional copyright – turns the usual exclusive model of intellectual property on its head. Its viral, self-propagating nature uses the law to challenge the law of property: everything it touches is – in principle – freed from exclusive private ownership. Larry Lessig and the Creative Commons legal team have extended this somewhat further, with machine-readable licenses that permit a finer granularity of choice in defining what uses of a work – a musical performance, a book or a Weblog, for example – are open or withheld (Creative Commons). But the central theme is that copyleft, together with the open nature of the Internet, "moves everything that touches it toward the public domain" (Norlin). Which is not a happy thought for those whose business models depend on exclusion and control of access to intellectual property – such as Hollywood, the media and the biotechnology industry – nor, for that matter, for those who'd prefer to keep their secrets secret (AWOLBush). Part of the problem, for such people, is a mistaken notion of what the Internet really is. It's not a pipe or a medium, like cable TV; it's more like a space or a place, a 'world of ends' (Searls & Weinberger). Not so much infrastructure, to be bought and sold, but necessarily shared, it's more 'innerstructure', a kind of artificial force of nature: "like the Earth's fertile surface, it derives much of its fertility from the life it supports" (Searls). Its key characteristics, argues Doc Searls, are that "No-one owns it; Everyone can use it; Anyone can improve it". And these characteristics of the Internet ultimately arise not from the hardware – routers, cables, servers and the like – or even the software, but ultimately from an agreement – the Internet Protocol – and an idea – that network connections can and should be self-routing, beyond direct control. Yet perhaps the most important idea that arises from this is that one of the most basic foundation-stones of Western society – the model of property as an exclusive 'right', a "sole and despotic dominion" – simply doesn't work. This is especially true for supposed 'intellectual property', such as copyrights, trade-marks, patents, genome sequences, scientific theories: after all, from where do those ideas and patterns ultimately arise? Who owns that? In legal terms, there's no definable root for a trail of provenance, no means to identify all involved intermediaries, and hence no ultimate anchor for any kind of property claim. Many other types of intellectual property, such as domain-names, phrases, words, radio-frequencies, colours, sounds - the word 'Yes', the phrase 'The Real Thing', Ferrari red, the sound of a Harley-Davidson – can only be described as arbitrary expropriations from the public domain. In many senses, then, the whole legal edifice of intellectual property is little more than "all smoke and mirrors", held together by lawyers' bluff – hardly a stable foundation for the much-vaunted 'information economy'! Whilst it's not quite true that "nobody owns it", in practice the only viable ownership for any kind of intellectual property would seem to be that of a declaration of responsibility, of stewardship – such as a project-leader's responsibility for an Open Source project – rather than an arbitrary and ultimately indefensible assertion of exclusive 'right'. So a simple question about intellectual property – is it copyright or copyleft? should source-code be proprietary or 'free'? – goes deeper and deeper into the 'innerstructure' of society itself. Miguel Icaza describes this well: "as the years pass and you're working in this framework, you start to reevaluate in many areas your relationships with your friends and your family. The same ideas about free software and sharing and caring about other people start to permeate other aspects of your life" (Moody 323). Perhaps it's time to look more carefully to look more carefully not just at intellectual property, but at the 'rights' and responsibilities associated with all kinds of property, to reach a more equitable and sustainable means to manage the tangible and intangible resources of this world we share. Works Cited Blackstone, Sir William. "Commentaries on the Laws of England." Book 2, 1765, 2, quoted in Andrew Terry and Des Guigni, Business, Society and the Law. Marrickville, Australia: Harcourt, Brace and Co., 1994. Hardin, Garrett. "The Tragedy of the Commons." Science 162 (1968): 1243-8. 10 Mar. 2003 <http://www.constitution.org/cmt/tragcomm.htm>. “The Free Software Definition.” Free Software Foundation. 10 Mar. 2003 <http://www.fsf.org/philosophy/free-sw.php>. Sourceforge. 9 Mar. 2003 <http://sourceforge.net/>. Linux. 9 Mar. 2003 <http://www.linux.org/>. GNOME. 9 Mar. 2003 <http://www.gnome.org/>. Apache. The Apache Software Foundation. 9 Mar. 2003 <http://www.apache.org/>. MySQL. 9 Mar. 2003 <http://www.mysql.com/>. PHP. 9 Mar. 2003 <http://www.php.net/>. Perl. 9 Mar. 2003 <http://www.perl.org/>. Python. 9 Mar. 2003 <http://www.python.org/>. Raymond, Eric S. The Cathedral and the Bazaar. 11 Aug. 1998. 9 Mar. 2003 <http://www.openresources.com/documents/cathedral-bazaar>. (Note: original location at http://tuxedo.org/~esr/writings/cathedral-bazaar/ is no longer accessible.) Moody, Glyn. Rebel Code: Linux and the Open Source Revolution. London: Allen Lane/Penguin, 2001. Torvalds, Linus, and Rishab Aiyer Ghosh. "Interview with Linus Torvalds". First Monday 3.3 (1998). 9 Mar. 2003 <http://www.firstmonday.dk/issues/issue3_3/torvalds/index.php>. Pavlicek, Russell C. Embracing Insanity: Open Source Software Development. Indianapolis: Sams Publishing, 2000. "Licenses – GNU Project." GNU/Free Software Foundation. 9 Mar. 2003 <http://www.fsf.org/licenses/licenses.html#TOCWhatIsCopyleft>. Lessig, Lawrence (Larry). Home page. 9 Mar. 2003 <http://cyberlaw.stanford.edu/lessig>. Creative Commons. 9 Mar. 2003 <http://creativecommons.org/>. Norlin, Eric. Weblog. 23 Feb. 2003. 9 Mar. 2003 <http://www.unchartedshores.com/blogger/archive/2003_02_23_ar... ...chive3.html#90388497>. “G W Bush Went AWOL.” AWOLBush.com. 9 Mar. 2003 <http://www.awolbush.com/>. Searls, Doc, and David Weinberger. World Of Ends: What the Internet Is and How to Stop Mistaking It for Something Else. 9 Mar. 2003 <http://worldofends.com/>. Searls, Doc. "Is Linux Infrastructure? Or Is it Deeper than That?" Linux Journal 14 May 2002. 10 Mar. 2003 <http://www.linuxjournal.com/article.php?sid=6074>. ---. "Setting Fire to Hollywood’s Plans for the Net: The GeekPAC Story". Linux Journal 29 Apr. 2002. 10 Mar. 2003 <http://www.linuxjournal.com/article.php?sid=6033>. Links http://creativecommons.org/ http://cyberlaw.stanford.edu/lessig http://sourceforge.net/ http://tuxedo.org/~esr/writings/cathedral-bazaar/ http://worldofends.com/ http://www.apache.org/ http://www.awolbush.com/ http://www.constitution.org/cmt/tragcomm.htm http://www.firstmonday.dk/issues/issue3_3/torvalds/index.html http://www.fsf.org/licenses/licenses.html\lTOCWhatIsCopyleft http://www.fsf.org/philosophy/free-sw.html http://www.gnome.org/ http://www.linux.org/ http://www.linuxjournal.com/article.php?sid=6033 http://www.linuxjournal.com/article.php?sid=6074 http://www.mysql.com/ http://www.openresources.com/documents/cathedral-bazaar http://www.perl.org/ http://www.php.net/ http://www.python.org/ http://www.unchartedshores.com/blogger/archive/2003_02_23_archive3.html\l90388497 Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Graves, Tom. "Something Happened on the Way to the ©" M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0304/03-somethinghappened.php>. APA Style Graves, T. (2003, Apr 23). Something Happened on the Way to the ©. M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0304/03-somethinghappened.php>

In the contemporary era, media spectacle organizes and mobilizes economic life, political conflict, social interactions, culture, and everyday life. My recently published book Media Spectacle explores a profusion of developments in hi-tech culture, media-driven society, and spectacle politics. Spectacle culture involves everything from film and broadcasting to Internet cyberculture and encompasses phenomena ranging from elections to terrorism and to the media dramas of the moment. For ‘Logo’, I am accordingly sketching out briefly a terrain I probe in detail in the book from which these examples are taken.1 During the past decades, every form of culture and significant forms of social life have become permeated by the logic of the spectacle. Movies are bigger and more spectacular than ever, with high-tech special effects expanding the range of cinematic spectacle. Television channels proliferate endlessly with all-day movies, news, sports, specialty niches, re-runs of the history of television, and whatever else can gain an audience. The rock spectacle reverberates through radio, television, CDs, computers networks, and extravagant concerts. The Internet encircles the world in the spectacle of an interactive and multimedia cyberculture. Media culture excels in creating megaspectacles of sports championships, political conflicts, entertainment, "breaking news" and media events, such as the O.J. Simpson trial, the Death of Princess Diana, or the sex or murder scandal of the moment. Megaspectacle comes as well to dominate party politics, as the political battles of the day, such as the Clinton sex scandals and impeachment, the 36 Day Battle for the White House after Election 2000, and the September 11 terrorist attacks and subsequent Terror War. These dramatic media passion plays define the politics of the time, and attract mass audiences to their programming, hour after hour, day after day. The concept of "spectacle" derives from French Situationist theorist Guy Debord's 1972 book Society of the Spectacle. "Spectacle," in Debord's terms, "unifies and explains a great diversity of apparent phenomena" (Debord 1970: #10). In one sense, it refers to a media and consumer society, organized around the consumption of images, commodities, and spectacles. Spectacles are those phenomena of media culture which embody contemporary society's basic values, and dreams and nightmares, putting on display dominant hopes and fears. They serve to enculturate individuals into its way of life, and dramatize its conflicts and modes of conflict resolution. They include sports events, political campaigns and elections, and media extravaganzas like sensational murder trials, or the Bill Clinton sex scandals and impeachment spectacle (1998-1999). As we enter a new millennium, the media are becoming ever more technologically dazzling and are playing an increasingly central role in everyday life. Under the influence of a postmodern image culture, seductive spectacles fascinate the denizens of the media and consumer society and involve them in the semiotics of a new world of entertainment, information, a semiotics of a new world of entertainment, information, and drama, which deeply influence thought and action. For Debord: "When the real world changes into simple images, simple images become real beings and effective motivations of a hypnotic behavior. The spectacle as a tendency to make one see the world by means of various specialized mediations (it can no longer be grasped directly), naturally finds vision to be the privileged human sense which the sense of touch was for other epochs; the most abstract, the most mystifiable sense corresponds to the generalized abstraction of present day society" (#18). Today, however, I would maintain it is the multimedia spectacle of sight, sound, touch, and, coming to you soon, smell that constitutes the multidimensional sense experience of the new interactive spectacle. For Debord, the spectacle is a tool of pacification and depoliticization; it is a "permanent opium war" (#44) which stupefies social subjects and distracts them from the most urgent task of real life -- recovering the full range of their human powers through creative praxis. The concept of the spectacle is integrally connected to the concept of separation and passivity, for in passively consuming spectacles, one is separated from actively producing one's life. Capitalist society separates workers from the products of their labor, art from life, and consumption from human needs and self-directing activity, as individuals passively observe the spectacles of social life from within the privacy of their homes (#25 and #26). The situationist project by contrast involved an overcoming of all forms of separation, in which individuals would directly produce their own life and modes of self-activity and collective practice. Since Debord's theorization of the society of the spectacle in the 1960s and 1970s, spectacle culture has expanded in every area of life. In the culture of the spectacle, commercial enterprises have to be entertaining to prosper and as Michael J. Wolf (1999) argues, in an "entertainment economy," business and fun fuse, so that the E-factor is becoming major aspect of business.2 Via the "entertainmentization" of the economy, television, film, theme parks, video games, casinos, and so forth become major sectors of the national economy. In the U.S., the entertainment industry is now a $480 billion industry, and consumers spend more on having fun than on clothes or health care (Wolf 1999: 4).3 In a competitive business world, the "fun factor" can give one business the edge over another. Hence, corporations seek to be more entertaining in their commercials, their business environment, their commercial spaces, and their web sites. Budweiser ads, for instance, feature talking frogs who tell us nothing about the beer, but who catch the viewers' attention, while Taco Bell deploys a talking dog, and Pepsi uses Star Wars characters. Buying, shopping, and dining out are coded as an "experience," as businesses adopt a theme-park style. Places like the Hard Rock Cafe and the House of Blues are not renowned for their food, after all; people go there for the ambience, to buy clothing, and to view music and media memorabilia. It is no longer good enough just to have a web site, it has to be an interactive spectacle, featuring not only products to buy, but music and videos to download, games to play, prizes to win, travel information, and "links to other cool sites." To succeed in the ultracompetitive global marketplace, corporations need to circulate their image and brand name so business and advertising combine in the promotion of corporations as media spectacles. Endless promotion circulates the McDonald’s Golden Arches, Nike’s Swoosh, or the logos of Apple, Intel, or Microsoft. In the brand wars between commodities, corporations need to make their logos or “trademarks” a familiar signpost in contemporary culture. Corporations place their logos on their products, in ads, in the spaces of everyday life, and in the midst of media spectacles like important sports events, TV shows, movie product placement, and wherever they can catch consumer eyeballs, to impress their brand name on a potential buyer. Consequently, advertising, marketing, public relations and promotion are an essential part of commodity spectacle in the global marketplace. Celebrity too is manufactured and managed in the world of media spectacle. Celebrities are the icons of media culture, the gods and goddesses of everyday life. To become a celebrity requires recognition as a star player in the field of media spectacle, be it sports, entertainment, or politics. Celebrities have their handlers and image managers to make sure that their celebrities continue to be seen and positively perceived by publics. Just as with corporate brand names, celebrities become brands to sell their Madonna, Michael Jordan, Tom Cruise, or Jennifer Lopez product and image. In a media culture, however, celebrities are always prey to scandal and thus must have at their disposal an entire public relations apparatus to manage their spectacle fortunes, to make sure their clients not only maintain high visibility but keep projecting a positive image. Of course, within limits, “bad” and transgressions can also sell and so media spectacle contains celebrity dramas that attract public attention and can even define an entire period, as when the O.J. Simpson murder trials and Bill Clinton sex scandals dominated the media in the mid and late 1990s. Entertainment has always been a prime field of the spectacle, but in today's infotainment society, entertainment and spectacle have entered into the domains of the economy, politics, society, and everyday life in important new ways. Building on the tradition of spectacle, contemporary forms of entertainment from television to the stage are incorporating spectacle culture into their enterprises, transforming film, television, music, drama, and other domains of culture, as well as producing spectacular new forms of culture such as cyberspace, multimedia, and virtual reality. For Neil Gabler, in an era of media spectacle, life itself is becoming like a movie and we create our own lives as a genre like film, or television, in which we become "at once performance artists in and audiences for a grand, ongoing show" (1998: 4). On Gabler’s view, we star in our own "lifies," making our lives into entertainment acted out for audiences of our peers, following the scripts of media culture, adopting its role models and fashion types, its style and look. Seeing our lives in cinematic terms, entertainment becomes for Gabler "arguably the most pervasive, powerful and ineluctable force of our time--a force so overwhelming that it has metastasized into life" to such an extent that it is impossible to distinguish between the two (1998: 9). As Gabler sees it, Ralph Lauren is our fashion expert; Martha Stewart designs our sets; Jane Fonda models our shaping of our bodies; and Oprah Winfrey advises us on our personal problems.4 Media spectacle is indeed a culture of celebrity who provide dominant role models and icons of fashion, look, and personality. In the world of spectacle, celebrity encompasses every major social domain from entertainment to politics to sports to business. An ever-expanding public relations industry hypes certain figures, elevating them to celebrity status, and protects their positive image in the never-ending image wars and dangers that a celebrity will fall prey to the machinations of negative-image and thus lose celebrity status, and/or become figures of scandal and approbation, as will some of the players and institutions that I examine in Media Spectacle (Kellner 2003). Sports has long been a domain of the spectacle with events like the Olympics, World Series, Super Bowl, World Soccer Cup, and NBA championships attracting massive audiences, while generating sky-high advertising rates. These cultural rituals celebrate society's deepest values (i.e. competition, winning, success, and money), and corporations are willing to pay top dollar to get their products associated with such events. Indeed, it appears that the logic of the commodity spectacle is inexorably permeating professional sports which can no longer be played without the accompaniment of cheerleaders, giant mascots who clown with players and spectators, and raffles, promotions, and contests that feature the products of various sponsors. Sports stadiums themselves contain electronic reproduction of the action, as well as giant advertisements for various products that rotate for maximum saturation -- previewing environmental advertising in which entire urban sites are becoming scenes to boost consumption spectacles. Arenas, like the United Center in Chicago, America West Arena in Phoenix, on Enron Field in Houston are named after corporate sponsors. Of course, after major corporate scandals or collapse, like the Enron spectacle, the ballparks must be renamed! The Texas Ranger Ballpark in Arlington, Texas supplements its sports arena with a shopping mall, office buildings, and a restaurant in which for a hefty price one can watch the athletic events while eating and drinking.5 The architecture of the Texas Rangers stadium is an example of the implosion of sports and entertainment and postmodern spectacle. A man-made lake surrounds the stadium, the corridor inside is modeled after Chartes Cathedral, and the structure is made of local stone that provides the look of the Texas Capitol in Austin. Inside there are Texas longhorn cattle carvings, panels of Texas and baseball history, and other iconic signifiers of sports and Texas. The merging of sports, entertainment, and local spectacle is now typical in sports palaces. Tropicana Field in Tampa Bay, Florida, for instance, "has a three-level mall that includes places where 'fans can get a trim at the barber shop, do their banking and then grab a cold one at the Budweiser brew pub, whose copper kettles rise three stories. There is even a climbing wall for kids and showroom space for car dealerships'" (Ritzer 1998: 229). Film has long been a fertile field of the spectacle, with "Hollywood" connoting a world of glamour, publicity, fashion, and excess. Hollywood film has exhibited grand movie palaces, spectacular openings with searchlights and camera-popping paparazzi, glamorous Oscars, and stylish hi-tech film. While epic spectacle became a dominant genre of Hollywood film from early versions of The Ten Commandments through Cleopatra and 2001 in the 1960s, contemporary film has incorporated the mechanics of spectacle into its form, style, and special effects. Films are hyped into spectacle through advertising and trailers which are ever louder, more glitzy, and razzle-dazzle. Some of the most popular films of the late 1990s were spectacle films, including Titanic, Star Wars -- Phantom Menace, Three Kings, and Austin Powers, a spoof of spectacle, which became one of the most successful films of summer 1999. During Fall 1999, there was a cycle of spectacles, including Topsy Turvy, Titus, Cradle Will Rock, Sleepy Hollow, The Insider, and Magnolia, with the latter featuring the biblical spectacle of the raining of frogs in the San Fernando Valley, in an allegory of the decadence of the entertainment industry and deserved punishment for its excesses. The 2000 Academy Awards were dominated by the spectacle Gladiator, a mediocre film that captured best picture award and best acting award for Russell Crowe, thus demonstrating the extent to which the logic of the spectacle now dominates Hollywood film. Some of the most critically acclaimed and popular films of 2001 are also hi-tech spectacle, such as Moulin Rouge, a film spectacle that itself is a delirious ode to spectacle, from cabaret and the brothel to can-can dancing, opera, musical comedy, dance, theater, popular music, and film. A postmodern pastiche of popular music styles and hits, the film used songs and music ranging from Madonna and the Beatles to Dolly Parton and Kiss. Other 2001 film spectacles include Pearl Harbor, which re-enacts the Japanese attack on the U.S. that propelled the country to enter World War II, and that provided a ready metaphor for the September 11 terror attacks. Major 2001 film spectacles range from David Lynch’s postmodern surrealism in Mulholland Drive to Steven Spielberg’s blending of his typically sentimental spectacle of the family with the formalist rigor of Stanley Kubrick in A.I. And the popular 2001 military film Black-Hawk Down provided a spectacle of American military heroism which some critics believed sugar-coated the actual problems with the U.S. military intervention in Somalia, causing worries that a future U.S. adventure by the Bush administration and Pentagon would meet similar problems. There were reports, however, that in Somalian cinemas there were loud cheers as the Somalians in the film shot down the U.S. helicopter, and pursued and killed American soldiers, attesting to growing anti-American sentiment in the Muslim world against Bush administration policies. Television has been from its introduction in the 1940s a promoter of consumption spectacle, selling cars, fashion, home appliances, and other commodities along with consumer life-styles and values. It is also the home of sports spectacle like the Super Bowl or World Series, political spectacles like elections (or more recently, scandals), entertainment spectacle like the Oscars or Grammies, and its own spectacles like breaking news or special events. Following the logic of spectacle entertainment, contemporary television exhibits more hi-tech glitter, faster and glitzier editing, computer simulations, and with cable and satellite television, a fantastic array of every conceivable type of show and genre. TV is today a medium of spectacular programs like The X-Files or Buffy, the Vampire Slayer, and spectacles of everyday life such as MTV's The Real World and Road Rules, or the globally popular Survivor and Big Brother series. Real life events, however, took over TV spectacle in 2000-2001 in, first, an intense battle for the White House in a dead-heat election, that arguably constitutes one of the greatest political crimes and scandals in U.S. history (see Kellner 2001). After months of the Bush administration pushing the most hardright political agenda in memory and then deadlocking as the Democrats took control of the Senate in a dramatic party re-affiliation of Vermont’s Jim Jeffords, the world was treated to the most horrifying spectacle of the new millennium, the September 11 terror attacks and unfolding Terror War that has so far engulfed Afghanistan and Iraq. These events promise an unending series of deadly spectacle for the foreseeable future.6 Hence, we are emerging into a new culture of media spectacle that constitutes a novel configuration of economy, society, politics, and everyday life. It involves new cultural forms, social relations, and modes of experience. It is producing an ever-proliferating and expanding spectacle culture with its proliferating media forms, cultural spaces, and myriad forms of spectacle. It is evident in the U.S. as the new millennium unfolds and may well constitute emergent new forms of global culture. Critical social theory thus faces important challenges in theoretically mapping and analyzing these emergent forms of culture and society and the ways that they may contain novel forms of domination and oppression, as well as potential for democratization and social justice. Works Cited Debord, Guy. Society of the Spectacle. Detroit: Black and Red, 1967. Gabler, Neil. Life the Movie. How Entertainment Conquered Reality. New York: Alfred A. Knopf, 1998. Kellner, Douglas. Grand Theft 2000. Lanham, Md.: Rowman and Littlefield, 2001. Kellner, Douglas. From 9/11 to Terror War: Dangers of the Bush Legacy. Lanham, Md.: Rowman and Littlefield, 2003. Kellner, Douglas. Media Spectacle. London and New York: Routledge, 2003. Ritzer, George. The McDonaldization Thesis: Explorations and Extensions. Thousand Oaks, Cal. and London: Sage, 1998. Wolf, Michael J. Entertainment Economy: How Mega-Media Forces are Transforming Our Lives. New York: Times Books, 1999. Notes 1 See Douglas Kellner, Media Spectacle. London and New York: Routledge, 2003. 2 Wolf's book is a detailed and useful celebration of the "entertainment economy," although he is a shill for the firms and tycoons that he works for and celebrates them in his book. Moreover, while entertainment is certainly an important component of the infotainment economy, it is an exaggeration to say that it drives it and is actually propelling it, as Wolf repeatedly claims. Wolf also downplays the negative aspects of the entertainment economy, such as growing consumer debt and the ups and downs of the infotainment stock market and vicissitudes of the global economy. 3 Another source notes that "the average American household spent $1,813 in 1997 on entertainment -- books, TV, movies, theater, toys -- almost as much as the $1,841 spent on health care per family, according to a survey by the US Labor Department." Moreover, "the price we pay to amuse ourselves has, in some cases, risen at a rate triple that of inflation over the past five years" (USA Today, April 2, 1999: E1). The NPD Group provided a survey that indicated that the amount of time spent on entertainment outside of the home –- such as going to the movies or a sport event – was up 8% from the early to the late 1990s and the amount of time in home entertainment, such as watching television or surfing the Internet, went up 2%. Reports indicate that in a typical American household, people with broadband Internet connections spend 22% more time on all-electronic media and entertainment than the average household without broadband. See “Study: Broadband in homes changes media habits” (PCWORLD.COM, October 11, 2000). 4 Gabler’s book is a synthesis of Daniel Boorstin, Dwight Macdonald, Neil Poster, Marshall McLuhan, and other trendy theorists of media culture, but without the brilliance of a Baudrillard, the incisive criticism of an Adorno, or the understanding of the deeper utopian attraction of media culture of a Bloch or Jameson. Likewise, Gabler does not, a la cultural studies, engage the politics of representation, or its economics and political economy. He thus ignores mergers in the culture industries, new technologies, the restructuring of capitalism, globalization, and shifts in the economy that are driving the impetus toward entertainment. Gabler does get discuss how new technologies are creating new spheres of entertainment and forms of experience and in general describes rather than theorizes the trends he is engaging. 5 The project was designed and sold to the public in part through the efforts of the son of a former President, George W. Bush. Young Bush was bailed out of heavy losses in the Texas oil industry in the 1980s by his father's friends and used his capital gains, gleaned from what some say as illicit insider trading, to purchase part-ownership of a baseball team to keep the wayward son out of trouble and to give him something to do. The soon-to-be Texas governor, and future President of the United States, sold the new stadium to local taxpayers, getting them to agree to a higher sales tax to build the stadium which would then become the property of Bush and his partners. This deal allowed Bush to generate a healthy profit when he sold his interest in the Texas Rangers franchise and to buy his Texas ranch, paid for by Texas tax-payers (for sources on the scandalous life of George W. Bush and his surprising success in politics, see Kellner 2001 and the further discussion of Bush Jr. in Chapter 6). 6 See Douglas Kellner, From 9/11 to Terror War: Dangers of the Bush Legacy. Lanham, Md.: Rowman and Littlefield Citation reference for this article Substitute your date of access for Dn Month Year etc... MLA Style Kellner, Douglas. "Engaging Media Spectacle " M/C: A Journal of Media and Culture< http://www.media-culture.org.au/0306/09-mediaspectacle.php>. APA Style Kellner, D. (2003, Jun 19). Engaging Media Spectacle . M/C: A Journal of Media and Culture, 6,< http://www.media-culture.org.au/0306/09-mediaspectacle.php>

Introduction This article explores the phenomenon of the Creative City in the context of Aberdeen, Scotland’s third-largest city. The common perception of Aberdeen is likely to revolve around its status, for the last 50 years, as Europe’s Oil & Gas Capital. However, for more than a decade Aberdeen’s city planners have sought to incorporate creativity and culture in their placemaking. The most visible expression of this was the unsuccessful 2013 bid to become the UK City of Culture 2017 (CoC), which was referred to as a “reality check” by Marie Boulton (BBC), the councillor charged with the culture portfolio. This article reviews and appraises subsequent policies and actions. It looks at Aberdeen’s history and its current Cultural Strategy and how events have supported or inhibited the reimagining of Aberdeen as a Creative and Cultural City. Landry’s “Lineages of the Creative City” tracks the rise in interest around culture and creative sectors and highlights that there is more to the creative city than economic growth, positing that a creative city is a holistic environment in which “ordinary people can make the extra-ordinary happen” (2). Comunian develops Landry’s concept of hard (infrastructural) assets and soft (people and activity) assets by introducing Complexity Theory to examine the interactions between the two. Comunian argues that a city should be understood as a complex adaptive system (CAS) and that the interconnectivity of consumption and production, micro and macro, and networks of actors must be incorporated into policy thinking. Creating physical assets without regard to what happens in and around them does not build a creative city. Aberdeen: Context and History Important when considering Aberdeen is its remoteness: 66 miles north of its closest city neighbour Dundee, 90 miles north of Edinburgh and 125 miles north-east of Glasgow. For Aberdonians travel is a necessity to connect with other cultural centres whether in Scotland, the UK, Europe, or further afield, making Aberdeen’s nearly 900-year-old port a key asset. Sitting at the mouth of the River Dee, which marks Aberdeen’s southern boundary, this key transport hub has long been central to Aberdeen’s culture giving rise to two of the oldest established businesses in the UK: the Port of Aberdeen (1136) and the Shore Porter’s Society (1498). Fishing and trade with Europe thrived and connections with the continent led to the establishment of Aberdeen’s first university: King’s College (Scotland’s third and the UK’s fifth) in 1495. A second, Marischal College, was established in 1593, joining forces with King’s in 1860 to become the University of Aberdeen. The building created in 1837 to house Marischal College is the second-largest granite building in the world (VisitAberdeenshire, Marischal) and now home to Aberdeen City Council (ACC). Robert Gordon University (RGU), awarded university status in 1992, grew out of an institution established in 1729 (RGU, Our History); this period marked the dawning of the Scottish Enlightenment when Aberdeen’s Wise Club were key to an intellectual discourse that changed western thinking (RSA). Gray’s School of Art, now part of RGU, was established in 1885, at the same time as Aberdeen Art Gallery which holds a collection of national significance (ACC, Art Gallery). Aberdeen’s northern boundary is marked by its second river, the River Don, which has also contributed to the city’s history, economics, and culture. For centuries, paper and woollen mills, including the world-famous Crombie, thrived on its banks and textile production was the city’s largest employer, with one mill employing 3,000 staff (P&J, Broadford). While the city and surrounds have been home to notable creatives, including writers Lewis Grassic Gibbon and Lord Byron; musicians Annie Lennox, Dame Evelyn Glennie, and Emeli Sandé; fashion designer Bill Gibb and dancer Michael Clark, it has struggled to attract and retain creative talent, and there is a familiar exodus of art school graduates to the larger and more accepted creative cities of Glasgow, Edinburgh, and London. In 2013, at the time of the CoC bid, ACC recognised that creative industries graduates leaving the city was “a serious issue” (ACC, Cultural Mapping 1). The City of Culture Bid This recognition came at a time when ACC acknowledged that Aberdeen, with already low unemployment, required an influx of workforce. An ACC document (Cultural Mapping) cites Richard Florida’s proposal that a strong cultural offer attracts skilled workers to a city, adding that they “look for a lively cultural life in their choice of location” (7) and quoting an oil executive: “our poor city centre is often cited as a major obstacle in attracting people” (7). Changing the image of the city to attract new residents appears to have been a key motivation for the CoC bid. The CoC assessor noted this in their review of the bid, citing a report that 120,000 recruits were required in the city and agreeing that Aberdeen needed to “change perceptions of the city to retain and attract talent” (Regeneris 1). Aberdeen’s CoC bid was rejected at the first shortlisting stage, with feedback that the artistic vision “lacked depth” and “that cultural activity in the city was weaker than in several other bidding areas” (Regeneris 3). In an exploration of the bidding process, McGillivray and Turner highlight two factors which link to other concerns and feedback about the bid. Firstly, they compare Aberdeen’s choice of a Bid Manager from the business community with Paisley’s choice of one from their local arts sector in their bid for CoC 2021, which was successful in being shortlisted, highlighting different motivators behind the bids. Secondly, Aberdeen secured a bid team member from “Pafos’s bid to be 2017 European Capital of Culture (ECC), who subsequently played an important role” for Kalamata’s 2021 ECC bid (41), showing Aberdeen’s reluctance to develop local talent. A Decade of Investment ACC responded to the “reality check” with a series of investments in the hard assets of the city. Major refurbishment of two key buildings, the Music Hall and the Art Gallery, caused them both to be closed for several years, significantly diminishing the cultural offer in the city. The Music Hall re-opened in 2018 (Creative Scotland) and the Art Gallery in 2019 (McLean). In 2021, the extended and updated Art Gallery was named “Scotland’s building of the year” by the Royal Incorporation of Architects in Scotland (RIAS) (Museums Association). Concurrent with this was the development of “Europe’s largest new events complex, TECA [now P&J live] part financed through a £370 million stock market bond issue” (InvestAberdeen). Another cultural asset of the city which has been undergoing a facelift since 2019 is Union Terrace Gardens (UTG), the green heart of the city centre, gifted to the public in 1877. The development of this asset has had a chequered history. In 2008 it had been awarded “funding from Aberdeen Council (£3 million), the Scottish Arts Council (£4.3M) and Scottish Enterprise (£2 million)” (Aberdeenvoice) to realise a new multi-disciplinary contemporary art centre to be called ‘Northern Light’ and housed in a purpose-designed building (Brizac Gonzalez). The project, led by Peacock Visual arts, a printmaking centre of excellence and gallery founded in 1974, had secured planning permission. It would host Peacock Visual Arts, City Moves dance company, and the ACC arts development team. It echoed similar cultural partnership approaches, such as Dundee Contemporary Arts, although notably without involvement from the universities. Three months later, a counterbid to radically re-think UTG as a vast new city square was proposed by oil tycoon Sir Ian Wood, who backed the proposal with £50 million of his own funds, requiring matching finance by the city and ownership of the Gardens passing to private hands. Resistance to these plans came from ‘Friends of UTG’, and a public consultation was held. ACC voted to adopt Wood’s plans and drop those of Peacock, but a change of administration in the local authority overturned Wood’s plans in August 2012. A significant portion of the funding granted to the Northern Lights project was consumed in the heated public debate and the remainder was lost to the city, as was the Wood money, providing a highly charged backdrop to the CoC bid and an unfortunate divide created between the business and culture sectors that is arguably still discernible in the city today. According to the Aberdeen & Grampian Chamber of Commerce (AGCC) 2022 Investment Tracker, the nearly complete UTG transformation has cost £28.3m. The AGCC trackers since 2016 provide a useful reference for a wider view of investment in the region over this period. During this period, ACC commissioned two festivals: Spectra (ACC, Culture Programme 5), a festival of light curated by a Manchester-based organisation, and NuArt (VisitAberdeenshire, Nuart), a street-art festival curated by a Stavanger-based team. Both festivals deliver large-scale public spectacles but have little impact on the development of the cultural sector in the city. The drivers of footfall, income generation, and tourism are key motivators for these festivals, supporting a prevailing narrative of cultural consumption over cultural production in the city, despite Regeneris’s concerns about “importing of cultural activity, which might not leave behind a cultural sector” (1) and ACC’s own published concerns (ACC, Cultural Mapping). It is important to note that in 2014 the oil and gas industry that brought prosperity to Aberdeen was severely impacted upon by a drop in price and revenue. Many jobs were lost, people left the city, and housing prices, previously inflated, fell dramatically. The attention of the authorities turned to economic regeneration of the city and in 2015, the Aberdeen City Region Deal (UK Gov), bringing £250m to the region, (REF) was signed between the UK Government, Scottish Government, ACC, Aberdeenshire Council, and Opportunity North East (ONE). ONE “is the private sector leader and catalyst for economic diversification in northeast Scotland” with board members from industry, enterprise, AGCC, the councils, the universities, the harbour, and NHS. ONE focuses on five ‘pillars’: Digital Technology, Energy, Life Sciences, Tourism and Food, and Drink & Agriculture. A Decade of Creativity and Cultural Development Aberdeen’s ambitious cultural capital infrastructure spending of the last decade has seen the creation or refurbishment of significant hard assets in the city. The development of people (Cohendet et al.), the soft assets that Landry and Comunian agree are essential to the complex system that is a Creative City, has also seen development over this time. In 2014, RGU commissioned a review of Creative Industries in the North East of Scotland. The report notes that: the cultural sector in the region is strong at the grass roots end, but less so the higher up the scale it goes. There is no producing theatre, and no signature events or assets, although the revitalised art gallery might provide an opportunity to address this. (Ekos 2) This was followed by an international conference at which other energy cities (Calgary, Houston, Perth, and Oslo) presented their culture strategies, providing useful comparators for Aberdeen and a second RGU report (RGU, Regenerating). A third report, (RGU, New North), set out a vision for the region’s cultural future. The reports recommend strategy, leadership, and vision in the development of the cultural and creative soft assets of the region and the need to create conditions for graduate and practitioner retention. Also in 2014, RGU initiated the Look Again Festival of Art and Design, an annual festival to address a gap in the city festival roster and meet a need arising from the closure of both Art Gallery and Music Hall for refurbishment. The first festival took place in 2015 with a weekend-long public event showcasing a series of thought-provoking installations and events which demonstrated a clear appetite amongst the public and partner organisations for more activity of this type. Between 2015 and 2019, the festivals grew from strength to strength and increased in size and ambition, “carving out a new creative community in Aberdeen” (Williams). The 2019 festival involved 119 creatives, the majority from the region, and created 62 paid opportunities. Look Again expanded and became a constant presence and vehicle for sectoral and skills development, supporting students, graduates, volunteers, and new collectives, focussing on social capital and the intangible creative community assets in the city. Creative practitioners were supported with a series of programmes such as ‘Cultivate’ (2018), funded by Creative Scotland, that provided mentoring to strengthen business sustainability and networking events to improve connectivity in the sector. Cultivate also provided an opportunity to undertake further research, and a survey of over 100 small and micro creative businesses presented a view of a tenacious sector, committed to staying in the region but lacking structured and tailored support. The project report noted consistent messages about the need for “a louder voice for the sector” and concluded that further work was needed to better profile, support, and connect the sector (Cultivate 15). Comunian’s work supports this call to give greater consideration to the interplay of the agents in the creation of a strong creative city. In 2019, Look Again’s evolving role in creative sector skills development was recognised when they became part of Gray’s School of Art. A partnership quickly formed with the newly created Entrepreneurship & Innovation Group (EIG), a team formed within RGU to drive entrepreneurial thinking across all schools of the university. Together, Look Again and EIG ran a Creative Accelerator which became a prototype for a validated Creative Entrepreneurship post-graduate short-course that has supported around 120 creative graduates and practitioners with tailored business skills, contextual thinking, and extended peer networks. Meanwhile, another Look Again collaboration with the newly re-opened Art Gallery provided pop-up design events that many of these small businesses took part in, connecting them with public-facing retail opportunities and, for some, acquisitions for the Gallery’s collection. Culture Aberdeen During this time and after a period of public consultation, a new collaborative group, ‘Culture Aberdeen’, emerged. Membership of the group includes many regional cultural and arts organisations including ACC, both universities, and Aberdeen Civic Forum, which seeks “to bring the voice and views of all communities to every possible level of decision making”. The group subsequently published Culture Aberdeen: A Culture Strategy for the City of Aberdeen 2018-2028, which was endorsed by ACC in their first Cultural Investment Impact Report. The strategy sets out a series of cultural ambitions including a bid to become a UNESCO Creative City, establishing an Aberdeen Biennale, and becoming a national centre of excellence for an (unspecified) artform. This collaboration brings a uniting vision to Aberdeen’s creative activity and places of culture and presents a more compelling identity as a creative city. It also begins to map to Comunian’s concept of CAS and establish a framework for realising the potential of hard assets by strategically envisioning and leading the agents, activities, and development of the city’s creative sector. Challenges for Delivery of the Strategy In delivering a strategy based on collaborative efforts, it is essential to have shared goals and strong governance “based on characteristics such as trust, shared values, implicit standards, collaboration, and consultation” (Butcher et al. 77). Situations like Aberdeen’s tentative bid for UNESO Creative City status, which began in late 2018 but was halted in early 2019, suggest that shared goals and clear governance may not be in place. Wishing to join other UNESCO cities across Scotland – Edinburgh (Literature), Glasgow (Music), and Dundee (Design) –, Aberdeen had set its sights on ‘City of Craft and Folk Art’; that title subsequently went to the city of Perth in 2022, limiting Aberdeen’s future hopes of securing UNESCO Creative City status. In 2022, Aberdeen is nearly halfway through its strategy timeline; to achieve its vision by 2028, the leadership recommended in 2014 needs to be established and given proper authority and backing. Covid-19 has been particularly disruptive for the strategy, arriving early in its implementation and lasting for two years during which collaborators have, understandably, had to attend to core business and crisis management. Picking up the threads of collaborative activity at the same time as ‘returning to normal’ will be challenging. The financial impacts of Covid-19 have also hit arts organisations and local councils particularly hard, creating survival challenges that displace future investment plans. The devastation caused to city centres across the UK as shops close and retail moves online is keenly felt in Aberdeen. Yet the pandemic has also seen the growth of pockets of new activity. With falling demand for business space resulting in more ‘meanwhile spaces’ and lower rents, practitioners have been able to access or secure spaces that were previously prohibitive. Deemouth Artists’ Studios, an artist-run initiative, has provided a vital locus of support and connectivity for creatives in the city, doubling in size over the past two years. ‘We Are Here Scotland’ arrived in response to the resurgent Black Lives Matter movement in 2020, as a Community Interest Company initiated in Aberdeen to support black creatives and creatives of colour across Scotland. Initiatives such as EP Spaces that re-purpose empty offices as studios have created a resource, albeit precarious, for scores of recent creative graduates, supporting an emerging creative community. The consequences of the pandemic for the decade of cultural investment and creative development are yet to be understood, but disrupted strategies are hard to rekindle. Culture Aberdeen’s ability to resolve or influence these factors is unclear. As a voluntary network without a cohesive role or formal status in the provision of culture in the city, and little funding and few staff to advocate on its behalf, it probably lacks the strength of leadership required. Nevertheless, work is underway to refresh the strategy in response to the post-pandemic needs of the city and culture, and the Creative Industries more broadly, are, once again, beginning to be seen as part of the solution to recovery as new narratives emerge. There is a strong desire in the city’s and region’s creative communities to nurture, realise, and retain emerging talent to authentically enrich the city’s culture. Since the 2013 failed CoC bid, much has been done to rekindle confidence and shine a light on the rich creative culture that exists in Aberdeen, and creative communities are gaining a new voice for their work. Considerable investment has been made in hard cultural assets; however, continued investment in and commitment to the region’s soft assets is needed. This is the only way to ensure the sustainable local network of activity and practice that can provide the vibrant creative city atmosphere for which Aberdeen has the potential. References Aberdeen Civic Forum. 4 June 2022 <https://civicforumaberdeen.com/about/>. Aberdeen City Region Deal. 5 June 2022 <https://www.gov.uk/government/publications/city-deal-aberdeen-city-region>. Aberdeen Timelines. 24 Feb. 2022 <https://localhistories.org/a-timeline-of-aberdeen/> and <http://www.visitoruk.com/Aberdeen/13th-century-T339.html>. ACC. 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AGCC. 2022 Tracker. 3 Jun. 2022 <https://www.agcc.co.uk/images/Investment-Tracker-2022-Online-final.pdf>. ———. 2019 Tracker. 3 Jun. 2022 <https://www.agcc.co.uk/files/investment-tracker-2019.pdf>. ———. 2018 Tracker. 3 Jun. 2022 <https://www.agcc.co.uk/files/Investment-Tracker-Sep-2018.pdf>. ———. 2017 Tracker. 3 Jun. 2022 <https://www.agcc.co.uk/files/Investment-Tracker-Sep-2017.pdf>. ———. 2016 Tracker. 3 Jun. 2022 <https://www.agcc.co.uk/files/Investment-Tracker-Nov-2016.pdf>. BBC. “Aberdeen City of Culture Bid ‘Lacked Vision’.” 2013. 10 May 2022 <https://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-23371660>. Brisac Gonzalez. 6 June 2022 <http://www.brisacgonzalez.com/aberdeen1>. Butcher, John R., David J. Gilchrist, John Phillimore, and John Wanna. “Attributes of Effective Collaboration: Insights from Five Case Studies in Australia and New Zealand.” Policy Design and Practice 2.1 (2019). 19 Mar. 2022 <https://doi.org/10.1080/25741292.2018.1561815>. Cohendet, Patrick, David Grandadam, and Laurent Simon. “The Anatomy of the Creative City.” Industry and Innovation 17.1 (2010). 19 Mar. 2022 <https://doi.org/10.1080/13662710903573869>. Comunian, Roberta. “Rethinking the Creative City: The Role of Complexity, Networks and Interactions in the Urban Creative Economy.” Urban Studies 48.6 (2011) 1157-1179. Creative Scotland. “Cultivate: Look Again’s Creative Industries Development Programme in North East Scotland.” 24 Feb. 2022 <https://www.creativescotland.com/explore/read/stories/features/2019/cultivate-look-agains-creative-industries-development-programme-in-north-east-scotland>. ———. “Restored and Re-Imagined Aberdeen Music Hall to Open to the Public in December.” 2018. 19 Mar. 2022 <https://www.creativescotland.com/what-we-do/latest-news/archive/2018/10/restored-and-re-imagined-aberdeen-music-hall-to-open-to-the-public-in-december>. 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New York: Basic Books 2002. Investaberdeen. “The UK’s Most Sustainable Venue.” 24 Feb. 2022 <https://investaberdeen.co.uk/flagship-projects/the-event-complex-aberdeen-(teca)>. Landry, Charles. “Lineages of the Creative City.” 24 Feb. 2022 <http://charleslandry.com/panel/wp-content/uploads/downloads/2013/03/Lineages-of-the-Creative-City.pdf>. McGillivray, David, and Turner, Daniel. Event Bidding: Politics, Persuasion and Resistance. Abingdon: Routledge 2018. McLean, Pauline. “Aberdeen Art Gallery Reopens after £34.6m Revamp.” BBC News, 2019. 24 Feb. 2022 <https://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-50263849>. Museums Association. “Aberdeen Art Gallery Wins Architecture Award.” 24 Feb. 2022 <https://www.museumsassociation.org/museums-journal/news/2021/11/aberdeen-art-gallery-wins-architecture-award/#>. Opportunity North East (ONE). 5 June 2022 <Who We Are | ONE (opportunitynortheast.com)>. P&J. “12 Pictures Show the ‘Golden Age’ of Broadford Works.” 2015. 24 Feb. 2022 <https://www.pressandjournal.co.uk/fp/news/591034/12-memorable-pictures-rolling-back-through-the-years-of-the-broadford-works/>. ———. History. 10 May 2022 <https://www.britishnewspaperarchive.co.uk/titles/aberdeen-press-and-journal>. Peacock Visual Arts. 6 June 2022 <https://peacock.studio/>. Port of Aberdeen. 24 Feb. 2022 <http://aberdeen-harbour.co.uk/about-us/history/#:~:text=Aberdeen%20Harbour%20was%20established%20in,has%20spanned%20almost%20900%20years>. Regeneris Consulting. “Aberdeen: Initial Bid for UK City of Culture – Feedback Points: UK City of Culture 2017.” 3 June 2022 <https://www.whatdotheyknow.com/request/297184/response/736087/attach/3/2017%20pt%201.pdf>. RGU. “Creative Accelerator Programme.” 2019. 10 May 2022 <https://www.rgu.ac.uk/news/news-2019/1902-rgu-launches-accelerator-to-support-next-generation-of-creatives>. ———. 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UK Government. “City Deal: Aberdeen City Region.” 6 June 2022 <https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fassets.publishing.service.gov.uk%2F government%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2F file%2F576627%2FAberdeen_City_Region_Deal_.docx&wdOrigin=BROWSELINK>. University of Aberdeen. 3 June 2022 <https://www.abdn.ac.uk/about/history/our-history.php>. Visit Aberdeenshire. "Marischal College." 5 June 2022 <https://www.visitabdn.com/listing/marischal-college#:~:text=Marischal%20College%20is%20said%20to,more%20austere%20architecture%20(1837)>. Visit Aberdeenshire. "NuArt Aberdeen." 5 June 2022 <https://www.visitabdn.com/listing/nuart-aberdeen#:~:text=Originating%20in%20Norway%20in%202001,public%20art%20event%20to%20Aberdeen>. Williams, Eliza. “How the Look Again Festival Is Carving Out a New Creative Community in Aberdeen.” Creative Review (2019). 3 June 2022 <https://www.creativereview.co.uk/how-the-look-again-festival-is-carving-out-a-new-creative-community-in-aberdeen/>.

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. 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Sitting in the same rain forest where Darwin penned these words more than a century earlier, E. O. Wilson shares the identical “cathedral feeling,” the identical sense of the biological sublime evoked by the diversity of the biosphere: “Hold[ing] still for long intervals to study a few centimeters of tree trunk or ground, [and] finding some new organism at each shift in focus.” It is a feeling for his fellow creatures exhibited in every aspect of E. O. Wilson’s life: his efforts to understand ant society, his discovery of sociobiology as means of understanding all societies, and, finally, his efforts to preserve the diversity of the biosphere in which all societies must find their place. For Wilson, environmental ethics flows naturally from the cathedral feeling he shares with Darwin, their sense of the biological sublime. It is 1969 and there is a knock on Wilson’s office door. It signals the arrival a talented German entomologist, Bert Hölldobler, invited to Harvard for an extended stay. The two hit it off almost immediately; eventually, Hölldobler returns to Harvard as a full professor. While his command of English improves, his German accent never entirely disappears, an accent, Wilson feels, that lends weight to his lectures: his is the authentic voice of German science. Friends and collaborators, the two produce a stream of science that culminates in the publication of The Ants. The award of the Pulitzer for this book is Wilson’s opportunity simultaneously to signal and make light of his achievements. The book “weighed 7.5 pounds, fulfilling my criterion of a magnum opus—a book when dropped from a three-story building is big enough to kill a man.” The award is also an opportunity to express his gratitude to the institution that continued to nurture his talent. At the monthly college meeting, he recalls, “I stood and basked in the applause of the Harvard faculty. Bless my soul, the Harvard faculty. Where could I go from here but down.” By this time, however, his co-author has left Harvard. The daily drudgery of turning out grant proposals has taken its toll.