Category Archives: copyfight

New article on copyright and literary production in the Romantic period

William Hazlitt (1778-1830), prose centonist

William Hazlitt (1778-1830), prose centonist

My article in the new issue of English Studies in Canada brings some historical perspective to the copyfight, and suggests some precedents for fair dealing in the work of Romantic writers usually identified as exemplars of originality: William Hazlitt and William Wordsworth. The article focuses on the curious case of the cento – a genre of poetry made from quoted lines of other poems – and its various uses in literary production during the Romantic period. This was a very interesting period for copyright: neither before nor since has the term of copyright protection been as brief, and arguably as accommodating (to users and writers), as it was from 1774 to 1842. The article belongs to a special section in this issue of ESC on Romantic and Regency authorship, featuring some exciting new work on the period’s print culture – and its implications for cultural production and copyright today.

“The Cento, Romanticism, and Copyright.” English Studies in Canada 38.2 (2012): 71-101. [Published June 2013]
Published journal version (for readers with university library access)
Open Access version (for readers without university library access)

Abstract: This article excavates the obscure literary genre of the cento – a genre of poetry defined by its wholly derivative composition from quotations of other works – and its supplementary relation to Romantic literature and the period’s transformations of copyright regulation. The cento’s Romantic reworkings position this genre as a precedent for later appropriation art, especially digital culture’s sampling and remix practices. Specific uses of the cento form by the essayist William Hazlitt and the poet William Wordsworth suggest precedents in the period’s culture of literary production for fair dealing, the “user’s right” to the limited appropriation of copyrighted works that has more recently become ensconced in copyright law. By investigating the place of the cento in Romantic literary production, this study argues for the importance of fair dealing to both creative and critical forms of writing, and contributes historical context to the present-day “copyfight.”

The Open Access version of “The Cento, Romanticism, and Copyright” is made available with the author’s grateful acknowledgement of English Studies in Canada for the original publication of the article.

Access Copyright sues York U over fair dealing policy

Access Copyright – the photocopy royalty-collecting society that has gradually morphed into a lobbying-and-lawsuit engine – continues its misadventures in litigation this week with  a lawsuit against York University over the institution’s fair dealing policy.

For preliminary expert analysis on the developing situation, see Howard Knopf’s blog post, and Michael Geist’s post on the legal action:

Access Copyright has decided to fight the law – along with governments, educational institutions, teachers, librarians, and taxpayers … it has filed a lawsuit against York University over its fair dealing guidelines, which are similar to those adopted by educational institutions across the country. While the lawsuit has yet to be posted online, the Access Copyright release suggests that the suit is not alleging specific instances of infringement, but rather takes issue with guidelines it says are “arbitrary and unsupported” and that “authorize and encourage copying that is not supported by the law.”

Read Access Copyright’s Statement of Claim against York University here.

Stakeholders in copyright and Canadian education are questioning the timing of the action, and the targeting of York, seeing the action as – variously – a test, as a fishing expedition, and/or as an intimidation tactic to chill the more robust and eminently lawful approach to fair dealing that is taking hold across Canadian schools and campuses. It may be too soon to forecast a decision, but the recent case law history and the now-amended copyright legislation (which explicitly provides for educational fair dealing) are both decidedly in York’s favour. The “quintet” of Supreme Court copyright cases that were decided last summer – cases that included Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) - have helped to restore some balance to Canadian copyright law in favour of users (for a welcome change), and, in the process, have made the legal climate very inhospitable to actions like the one Access Copyright is now pursuing.

One has to wonder whether all the money Access Copyright spends on legal expenses wouldn’t be better reallocated to its core business: remunerating writers.

Open letter: objection to Bill C-56, and to Canada considering ACTA ratification

To: The Hon. Christian Paradis, Minister of Industry minister.industry@ic.gc.ca
Subject: objection to Bill C-56, and to Canada considering ACTA ratification

Honourable Minister Paradis,

I am writing, as a copyright policy researcher, to object to the government’s introduction of Bill C-56, which would position Canada to ratify ACTA: a trade agreement that has been roundly rejected by jurisdictions around the world (like the EU), partly for harbouring disastrous copyright policies like those of the failed American SOPA and PIPA bills. By enabling Canada to ratify ACTA, Bill C-56 would thus lead to the partial undoing of the government’s own recently passed copyright legislation in Bill C-11 – which has made important gains for Canadians, towards better balanced copyright.

Bill C-56 is politically toxic, a shameless cave-in to US lobbying, and a flagrant waste of taxpayers’ money.

For further reading on Bill C-56 and the apparently unkillable ACTA:

Arellano, Nestor. “Will Bill C-56 resurrect ACTA?” IT World Canada 7 Mar. 2013.
Bradbury, Danny. “Canadian Bill C-56 raises spectre of ISP ‘copyright police’.” MS Geektown 6 Mar. 2013.
Geist, Michael. “NDP calls it: Bill C-56 is ‘ACTA through the back door’.” 6 Mar. 2013.
—. “What’s really behind Ottawa’s anti-counterfeiting bill.” Toronto Star 15 Mar. 2013.
Knopf, Howard. “Bill C-56: Just when you thought it was safe to go back into the water?” Excess Copyright 4 Mar. 2013.

Conflicted about the #pdftribute

The research-sharing tribute to Aaron Swartz makes an eloquent statement, but harbours real risks.

On Friday, January 11, Internet activist and innovator Aaron Swartz committed suicide, at age 26. Swartz was behind RSS, DemandProgress, Reddit, and other initiatives and campaigns for the open Internet and Open Access. The US DOJ was pursuing a criminal case against him which the original plaintiffs, JSTOR and MIT, had earlier decided not to prosecute: in 2009, Swartz had exploited MIT systems to collect almost all of JSTOR’s digital archive, nearly 5 million articles. Swartz’s “guerrilla open access manifesto” explained his action as a radical opening of access to knowledge to the public. He was charged with fraud and theft and was facing millions of dollars in fines and up to a half-century in prison. Amidst the eulogies, obituaries, commentaries that followed this tragic turn, a grassroots academic tribute emerged: #pdftribute – a call for academics to share PDFs of their research openly online, using the twitter hashtag to aggregate them. I’ve watched and taken part in the #pdftribute; it’s part homage, part thanks, part protest. In this latter respect, it reminds me of the #TellVicEverything protest against Canadian Safety minister Vic Toews’ online surveillance bill: a protest that takes shape as oversharing.

But while, as I say, I’ve taken part in the #pdftribute, I must admit I’m also conflicted about it – as a scholar of copyright, sure, but mostly as a scholar per se. What is being protested? Who is being honoured? And what are the risks – both of protesting this way, and of not protesting this way?

What is being protested?

The #pdftribute is, in its conception, an eloquent, even poetically just recognition and extension of Swartz’s legacy. To honour the man “pursued” to his untimely death by “prosecutorial overreach” and “an exceptionally harsh array of charges” for seeking to open public access to knowledge, #pdftribute delegates the continuation of that opening-up work to academics: those whose writings had built the particular archive Swartz was prosecuted for opening. The idea is for academics to publicly share pdf articles of research that normally reside behind university libraries’ or publishers’ own paywalls.

The #pdftribute has, in a matter of mere days, put Open Access (#OA) in the public spotlight and given the movement new momentum. But because Swartz’s work, like the criminal case against him, involved so many different interests and institutions, the tribute risks losing the #OA mission, as participants and commentators in the #pdftribute Twitter feed weigh in on other matters, like DOJ procedure, bullying, copyright, abstractions like “freedom” and “truth,” not to mention meta-commentary like this on the tribute itself (as well as the regular quota of spam, of course). That said, the tribute’s complex, diversified character refracts the complex character in honour of whose diversified, progressive work it unfolds. some of these other matters are relevant and worth keeping sight of in the mix here: matters like copyright, dissent, and depression in particular, all in the context of emergent practices of criminalization: the “criminalization of people with disabilities and [the] criminalization of dissent,” as my RA shrewdly notes.

Even very early on, the #pdftribute demonstrated a disjunction between conception and execution. That is, the initial idea was for “academics” to “put their PDFs online in tribute.” Some responses have interpreted this invitation radically: one participant, acknowledging his work’s already OA, daringly suggested that “for real/risky tribute – post all PDFs you have,” meaning not just those academics have written themselves, but everything they’ve got a PDF copy of – for research, teaching, etc. But the Twitter feed shows that the majority of participants are posting links to or otherwise announcing that their work is already OA. That majority includes Yours Truly, for the moment anyway, for reasons I’ll take up below.

Who is being honoured?

I must admit that one of my first reactions to the #pdftribute – despite my own later participation in it – included a momentary rolling of the eye. An invitation to academics to publicize their research in the context of honouring such a major and widely followed Internet activist as Swartz is, inevitably, asking for an avalanche of smug self-aggrandizement, which in its milder forms we see in declarations of existing OA practice, and in its wilder forms makes grandiose or uncritically entitled-sounding claims for truth, freedom, etc.

So there is a risk, despite the recurring evocation of Swartz’s name in the Twitter feed, that Swartz himself could get lost in all the hustle and bustle? Or that related issues like depression get lost or neglected, in what at times amounts to a torrent of self-satisfied armchair slacktivism? (From which I’m not excluding myself.) Among the more extensive and reflective statements that keep Swartz and his work front and centre is Cory Doctorow’s moving and frank eulogy, which balances discussion of his radical, risky work and his personal difficulties, and which foregrounds copyright as the context for making sense of the former. Which brings me to ask:

What are the risks of participating?

As a critical scholar of copyright – but by no means a legal expert – I see a huge risk for academics here, individually and as a class. Publicly sharing publications that aren’t just copyright-protected but also – and more to the point – paywall- or password-protected incurs the real and all-too-present risk of litigation for infringement, or of counseling or being accomplice to infringement. One recent and troubling tweet I read this morning mentioned a professor suggesting that an undergrad class could “liberate” some JSTOR documents. To be frank, I don’t think that’s okay: I have since learned that this comment was made in jest. (Twitter is great for killing context and nuance, no?) Still, few enough professional academics – like the general public – have enough of a grasp on copyright to basics to make an informed decision for themselves whether to post or not – never mind suggesting (maybe even in jest) that students infringe university conduct codes and copyright law. For instance, while recent Canadian Supreme Court decisions and legislation have arguably brought Canadian copyright law’s provisions for “fair deling” much closer to US law’s provisions for “fair use,” there are significant differences in legislative language and in jurisprudence that may provide American participants here with safeguards and protections that cannot be extended to Canadian participants.

The #pdftribute enables the sharing of protected documents on the tacit premise that doing so is not just technically easy and but ethically straightforward. The ease of posting protected work here derives from the illusion of community that the tribute makes such acts appear to belong to. But herein lies the risk: a Twitter feed does not a community make. There is little solidarity and less security in leveraging such an ambivalent social medium for mass copyright infringement. The #pdftribute is not a community – what it is is a massive and growing papertrail. The current political-economic climate of copyright is leading publishers’ intermediaries and some publishers themselves, to act and react in highly unpredictable ways, as Canadian academia has seen over the last two years in the example of Access Copyright. So, when it comes to a bustling and openly aggregated action like #pdftribute, I can only assume that some copyright troll out there – or a horde of such trolls – is already taking names and starting to churn out reams of cease and desist notices, or maybe even gearing up for a class action on publishers’ behalf. As copyright scholar Paul K. Saint-Amour cautions:

you can seldom criticize the law by breaking it and yet expect the law to forgive your infraction as criticism. (19-20)

In addition, my RA suggests shrewdly that this infringement risk “doesn’t seem warranted by the entire lack of benefit it’d likely produce, especially when are options like organizing colleagues or teaching students to publish OA.” That is, the #pdftribute makes an eloquent statement, but to what extent does this mass sharing actually mobilize knowledge for the public, or communicate knowledge to the public, relative to that effected in the more concerted organizing and teaching of Open Access?

A related risk might be that of harm to the relationship between academic authors and academic publishers, a relationship that is already tense at best and openly hostile at worst, a spectrum seen in the Elsevier boycott, in Canada’s “quintet” of cases between public sectors and royalty-collecting societies, in the Hathi Trust case, and so on. In the context of this fraught, changing, and contested territory of academic capital, the #pdftribute is adding fuel to the fire. By polarizing scholars against publishers, the #pdftribute risks tarring all publishers with one broad brush, when even a cursory browse of the Sherpa-RoMEO database and the Directory of Open-Access Journals soon reveals that there is a vast spectrum of positions for publishers to occupy on the issue of Open Access, and that for all the “knowledge cartels” and monopolies out there, there are many other publishers who are deeply committed to Open Access.
Let me be clear that I offer these reflections not at all as a defence or justificaiton of the status quo in academic publishing. I support and pursue Open Access publishing. But I am concerned about the cultural-economic consequences of the shape and direction taken by the #pdftribute, and moreso about its potentially serious legal implications for academics from tenured professors to undergrad students.

What about the risks of not participating?

In closing, I’ll briefly consider the flipside: the risks of not taking part in the #pdftribute. As a critical scholar of copyright I do feel morally obliged to participate, a feeling based on extensive reading in the history and transformation of copyright law and an understanding of its constraints on innovation and growth in culture and knowledge. I imagine other critical scholars of copyright, Open Access, OER, social justice, censorship, and/or academic freedom may feel similarly obliged, and perhaps rightly so. Would declining to take part in the #pdftribute amount to remaining complicit with extant and emerging threats to academic freedom and freedom of expression more generally? Could declining to take part mean the individual scholar or the whole profession misses an opportunity to affirm or even expand the principle of academic freedom? Or to transform the culture of knowledge communication and mobilization?

I don’t have answers to these speculative questions. What I do have is a profound uncertainty that the specific concrete character of the #pdftribute will in the long run represent an unequivocally positive gain for academic research and those who produce it. I offer these reflections and questions as an invitation to dialogue that can address and advance the interests of the Open Access movement, of scholars (both professional and student), and of academic publishers alike.

Works Cited

Doctorow, Cory. “RIP, Aaron Swartz.” BoingBoing 12 Jan. 2013.
Jauregui, Andres. “Academics tweet tribute to Aaron Swartz.” Huffington Post 13 Jan. 2013.
Kopstein, Joshua. “Aaron Swartz’s family releases statement, blames overreaching prosecutors for his untimely death.” The Verge 12 Jan. 2013.
McCutcheon, Mark A. #pdftribute tweets. 13-14 Jan. 2013.
Musli, Steven. “Researchers honor Swartz’s memory with PDF protest.” C|Net 13 Jan. 2013.
Payton, Laura. “‘Tell Vic Everything’ tweets protest online surveillance.” CBC 16 Feb. 2012
#pdftribute. N.d.
Richman, Jessica. “Tweet at all of the academics you know to put their PDFs online in tribute to @aaronsw. Use the hashtag #pdftribute.” Tweet 7:55 pm MT 12 Jan. 2013.
Saint-Amour, Paul K. The Copywrights: Intellectual Property and the Literary Imagination. Ithaca: Cornell UP, 2003.
Sample, Mark. “You want to challenge the knowledge cartels, don’t just make your research open, make your research about power. #pdftribute.” Tweet 9:25 am MT 13 Jan. 2013.
“World Peace.” “Had Aaron Swartz not been born, our Internet would be censored, truth would be an unknown word. RIP Aaron. The bullies will lose #pdftribute.” Tweet 9:56 am MT 14 Jan. 2013.

Bienvenue dans le domaine public, Monsieur Bataille

January 1st is Public Domain Day: each year, copyright terms expire and admit to the public domain the works of artists, authors, critics, scholars, and other cultural producers whose copyright protection has ended. In Canada, copyright protection ends fifty years after the creator’s death; in other jurisdictions, it can end as late as seventy years after the creator’s death.

Bataille_StoryOfTheEyeAmong the new entrants to the Canadian public domain this year is the French critic and scholar Georges Bataille (1897-1962), whose inter- and postwar criticism, philosophy, and pornography – and in particular his work on transgression – enjoyed a resurgence of interest amidst the Humanities’ turn to theory in the last quarter of the 20th century. (The first MA defence I attended was for a thesis on Bataille.)

In honour of Bataille’s entry to the public domain (pas en traduction, bien sûr – seulement en français, sa langue originelle), and in response to a Daily Post prompt to share a favourite quote, I’d like to post a scene from Bataille’s autobiographical appendix to his own novella, Story of the Eye (L’histoire de l’oeil, 1928), a scene that has stayed with me through the years.

One night, we were awakened, my mother and I, by vehement words that the syphilitic [Bataille's father] was literally howling in his room: he had suddenly gone mad. I went for the doctor, who came immediately. My father kept endlessly and eloquently imagining the most outrageous and generally the happiest events. The doctor had withdrawn to the next room with my mother and I had remained with the blind lunatic, when he shrieked in a stentorian voice: “Doctor, let me know when you’re done fucking my wife!” For me, that utterance, which in a split second annihilated the demoralizing effects of a strict upbringing, left me with something like a steady obligation, unconscious and unwilled: the necessity of finding an equivalent to that sentence in any situation I happen to be in; and this largely explains Story of the Eye. (94-95)

To me, this scene represents a moment of dramatic intensity, transgressive absurdity, and critical illumination that continues to inform and inspire my own conviction that the research imagination must be impertinent – even audacious. Story of the Eye is perhaps the most frequently lent book I own – it should go without saying that if you’ve not yet read it, you owe it to yourself to do so at the earliest opportunity.

Work Cited
Bataille, Georges. Story of the Eye (1928). Trans. Joachim Neugroschel. San Francisco: City Lights, 1987.

Pathologizing the Internet: File-sharing as a sign of depression?

In June this year, a study by Missouri U of Science and Technology researchers scored some impressive headlines in the NY Times, the NY Post, and elsewhere: “How depressives surf the web.” The rather less catchy title of the study itself is “Associating Depressive Symptoms in College Students with Internet Usage Using Real Internet Data.” The Times article, by the study’s own authors, does a good, even exemplary job of translating the study itself into plain language. But in both its specialist and general-audience forms, the study makes some troubling claims and suggests some insidious implications.

The study’s two main claims are: 1) “we identified several features of Internet usage that correlated with depression”; and 2) “there were patterns of Internet usage that were statistically high among participants with depressive symptoms.” One specific feature of Internet use the study correlates with depression is, symptomatically, file-sharing:

The correlation observed between peer-to-peer usage and depressive symptoms is intuitive. Sharing files like music, movies, photos etc. are primary reasons for using peer-to-peer services. Students are prone to be addicted to such kinds of content, which may explain this trend. (5)

A claim like this explains the corporate media’s uptake of the study. This claim pathologizes file-sharing, thus legitimizing Big Content’s persistent efforts to criminalize it tout court; it adds to the close and evidence-based associations among depression, anxiety, and addiction the practices of digital copying and sharing. Sharing: it is now a symptom of addiction, not a fundamentally human trait. And what does it mean for students – or anyone – to be “addicted” to cultural products like music and movies? Inside the study’s apparently modest and limited claim is a vicious Utilitarian assumption, that cultural products are surplus to requirements, useless subjects, addictive – without redeeming social value. Conversely, the Culture Industry thesis would argue the institutional capitalist basis for this addiction in the Big Content industries themselves, industries that actively and sometimes openly cultivate and exploit addictive behaviours via advertising, via serialization, via the rapid and high-volume turnover of products, via the commodity fetishism of consumerist ideology in general.

The study goes on to make similarly pathologizing claims for other forms of Internet use, like e-mail and IRC.

Frequent email checking may relate with high levels of anxiety, which in-turn [sic] correlates with depressive symptoms. (5)

Of course, frequent e-mail checking also relates to the demands increasingly placed on postindustrial labour to be on call 24/7, via applications and, in particular, mobile devices designed precisely to encourage and stimulate frequent e-mail checking. If you have a mobile device – say, an iOS device – see how long it takes you to find the settings for e-mail notification – and then take careful note of how the defaults are set: that is, for maximal “push” notification. The very vocabulary of mobile apps openly identifies the role of the app (and by extension its programmer) as a pusher, in case you’re looking for one to god-damn, for all the e-mail you’ve got to smoke through.

So while I don’t question the basic empirical findings here, I do see significant limitations in the study’s methodology, and pernicious implications in its claims. Its methodology could well stand to absorb more of McLuhan’s message: that our technologies, our media, work us over completely, thus rendering the cause-effect relationship between Internet use and psychological health a much more complex chicken-and-egg problem. To identify (however tentatively) features and patterns of Internet use as symptoms of depression is to disregard, even mystify, the formidable planning, design, and market-share calculations that go into making p2p, e-mail, IRC, and other prevalent Internet apps and tools as “addictive” as possible. Lacking an economic or institutional analysis, the study becomes legible as a market instrument.

The implications of this study’s claims serve not only the Big Content lobby, by pathologizing file-sharing, but also the Big Pharma industry, which – as other studies have persuasively argued – is at least as busy designing new disorders to treat as it is invested in actually alleviating extant ones (Cooke 71). In a broader theoretical context, this study (like so many others) makes scientific claims to bolster entrenched, dominant ideologies, in particular the privileging of speech over writing, embodied presence over technological mediation, that deconstruction has so thoroughly documented and critiqued. The authors claim, for instance:

Excess online chatting can affect the psychology of young people, and can also cause social isolation and loneliness in the real world, potentially leading to depressive symptoms. (5)

Reinforcing this line between the virtual and the real, a line that it is the perennial historical function of new media to transgress and redraw, the study leverages this line to propose new strategies for detecting – and intervening in the lives of – depressives in the digital milieu (with a commitment to respecting the user’s privacy, of course). Now, don’t get me wrong – I know depression is a real and enormous social problem, among students no less so than among the general population; I have experienced it among friends and family and had at least one bout of it myself. And I know that some Internet uses are symptomatic of addictive disorders. But if frequent e-mail checking and file-sharing are signs of depression, then wouldn’t a sizeable majority of postindustrial workers be diagnosable as depressives? And if so, how conveniently would that mass diagnosis serve certain corporate interests?

The issue here is this study’s unexamined ideological premises, its reductive methodology – which reads into statistical findings more context that seems defensible, while taking many Internet uses out of their institutional and economic contexts – and consequently the conclusions, which lend scientific authority to the profit-motivated, anti-public political and media campaigns of Big Content and Big Pharma, and lend further fuel to the long-burning signal fires that always flare up against new ways to send signals.

Works Cited

Chellappan, Sriram and Raghavendra Kotikalapudi. “Associating Depressive Symptoms in College Students with Internet Usage Using Real Internet Data.” IEEE Technology and Society 2012 [forthcoming] http://web.mst.edu/~chellaps/papers/12_tech-soc_kcmwl.pdf

—. “How depressives surf the web.” New York Times 15 Jun. 2012 http://www.nytimes.com/2012/06/17/opinion/sunday/how-depressed-people-use-the-internet.html

Cooke, Grayson. “Technics and the human at the zero hour: Margaret Atwood’s Oryx and Crake.” Studies in Canadian Literature 31.2 (2006): 63-83 http://epubs.scu.edu.au/cgi/viewcontent.cgi?article=1537&context=sass_pubs&sei-redir=1

#Congress2012

This year my Congress itinerary started with a side trip: on landing in Toronto, I stopped by the Canadian Lesbian and Gay Archives in Toronto, to meet the people who run it and my research assistant, an Athabasca MA student who’s working on a research project there. Everyone was fabulous and the archive is like an impossible and imperative project: a collection of queer Canada’s vital cultural and historical documents, housed in a Victorian three-storey house (not, I suspect, originally designed for this purpose); and a project whose private funding means independence from – but also inaccessibility to – public funding sources. Given the recent budget’s libary and archive cuts, the CLGA’s support system seems a mix of boon and bane.

Next stop was with family north of Toronto; they drove me to Waterloo on Sunday, where we met the family friends, a couple, who’d agreed to host me while I was in town for Congress. One of my hosts actually works at WLU’s communications office, so I was privy to interesting non-academic perspectives on Congress and media.

Via FreeEducationMontreal.org

The first session I attended, hosted by ACCUTE, concerned critical theory in relation to current social questions of marginalization and gentrification; it also provided the first of numerous instances of delegates wearing red square fabric patches to express solidarity with the Quebec student movement. (My host and some delegates wondered aloud whether Congress might host a protest or march (between the manifencours and the spectre of censure hanging over WLU and Waterloo for their new corporate-funded research centre. I never saw any protest manifest, but then again I might have just missed it entirely based on my own schedule.)

After that session was the president’s reception, the big freeform meet-n-greet. Ran into a few people I know from Western and Guelph, including the indomitable Smaro Kamboureli, to whom I showed iPad-stored family photos in between the mobile calls she had to take, in our wave new world of augmented socializing. I introduced my RA to lots of people, but I think she found the scene something of a sensory overload. Every association gets invited to one of these receptions, and they tend to group like fields and interests, but not necessarily every association with people you know goes to the same reception you do. (Congress vets will advise newcomers, grads in particular, to go to every reception just to grab a good free meal. They’re not exactly regulated by bouncers and velvet rope.)

For the second consecutive night of the trip I endured the dim infinitude of insomnia, taking shape between the second night in a strange bed and nerves about the busy Monday ahead. Not an auspicious start to that day’s full program. Propped up by coffee, I presented a talk on Frankenstein in pop music for an ACCUTE session on New Directions in Adaptation Studies. The venue’s AV system played wonderfully well with the iPad, and played back the music samples I’d prepared at satisfyingly high volume and definition. This year the schedule of proceedings made much more breathing room for Q & A after the papers: a welcome change, making each session more productive and interesting for those party to it. In this case, I fielded some solid primary text suggestions and theoretical questions (such as one about how to distinguish adaptation from intertextuality).

In the session right after that, I joined a special “professional concerns” panel on cynicism in academia. While my previous talk had drawn several solid comments and questions from its relatively small but focused audience, this second session was provocative, feisty even – presenters and audience alike. Although some complained it was more familiar complaining, and floated some suggestions for action against sources of academic cynicism: workforce casualization, university corporatization -the now all-too-usual suspects. One excellent but then-undeliverable suggestion was for a panel on cynicism to include a higher-up university administrator. One of my co-panelists had maybe the best ever conference paper title for his talk – complete with a corresponding Venn diagram – but I’m not stealing that thunder here since the organizer has designs on getting the panel proceedings into print (more on that as it happens). For my part, I was pleased to be able to work into my presentation a shot of Margaret Sutherland’s painting of Canada’s ruling cynic, Emperor Haute Couture.

20120603-124617.jpg

My talk on academic cynicism, as seen from space

I represented AU at the association’s lunch for campus representatives, a yearly chance to give feedback on the conference, communications, and membership matters. Just before lunch I ran into a family friend who’s a philosopher, to find out he’d published a book and had recently been offered tenure-track work. Good to know some such offers still stand. Would there were more, for all the eminently deserving people you meet at things like this.

After that lunch, I played hooky for the afternoon, retreating to my hosts’ house in the suburb across the parkway for a leisurely run in the 35 degree late May heat. (Yeah, that’s real normal weather.) My host had recommended a nearby woodlot, on account of the shade, but I must have taken a wrong turn, and found myself jogging down an ever-narrowing dirt track. I turned back and sought civilization on encountering a patch of big ugly weeds spray-painted orange…and recalling that Waterloo was where the invasive and toxic giant hogweed had first been discovered a couple years earlier. Retreat!

Monday evening was time for the ACCUTE-hosted and strangely misnamed “wine and cheese,” preceded by drinks with the research team at the U of Manitoba’s Sex Worker and Missing Women archive, a team my RA introduced me to. This team’s work, like the CLGA’s, struck me as similarly imperative and impossible, possibly moreso, given the traumatic subject matter of and public recoil from their work. So maybe I didn’t meet everybody I’d been hoping to at the prior night’s reception; here was a welcome chance, instead, to make some new scholarly acquaintances.

I’m not sure what my RA was expecting of the ACCUTE “wine and cheese” but I guess it wasn’t a club with a dark dance floor full of English and Cultural Studies students and scholars getting down to the eclectic, request-friendly playlist being thrown down by ACCUTE’s resident DJ. The ACCUTE party is always a Congress highlight, and this year’s may have been the best yet: the sound system was massive, the tracks were way more hit than miss, and the floor was constantly full. Also, there was a dry ice machine, which got put to good use. Standout selections included “Born this way” (I hadn’t heard it before on a proper system, which opened it to new levels of textured and tactile appreciation), “Blue Monday” (which I dug on with a verve that felt retrieved from high school days), and “Vogue” – mostly for the opportunity it afforded a few of the delegates who’d been there back in the day to actually vogue – an extraordinary dancefloor drama. Sadly, I had to quit the scene all too early, gently ridiculed for doing so by partygoers taking a break from the move-busting for sidewalk cigarazzi duty.

The early but not-quite-Cinderella-grade bail was necessitated by next morning’s 9 am session on the copyfight, which I had convened and was chairing. (At least all the exercise Monday killed the insomnia, finally.) The copyfight panel was a fantastic line-up for a respectable turnout (not massive, but respectable given it was going down first thing after ACCUTE party night), with delegates from both ACCUTE and SDH, which co-sponsored it. The speakers included a law-trained member of Western’s copyright advisory group speaking on Access Copyright, my RA on copyright and digital porn, and Digital Prohibition author Carolyn Guertin on the modes and meanings of digital remix practice. Understandably, many audience members were very concerned about the Access Copyright situation, on which much discussion ensued in particular – and in which developments keep coming fast and furiously, making it hard to keep one’s work timely. This challenge to stay abreast of the latest regulatory decisions and manoeuvres is a common caveat issued by researchers presenting work on copyright; it’s a sign not just of the subject’s currency, but also of its inordinate command of policy-making resource, its monopolization of political will.

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Carolyn Guertin’s talk was rich with samples of digital remix productions

Following some sightseeing downtime (sights including RIM hq, the llamas of Eby Farms, and Mennonites), I randomly encountered some #AthaU colleagues whilst grabbing a coffee, and we compared notes on sessions and associations. There are so many even for a more discipline-dedicated than interdisciplinary researcher to choose from. I’ve previously attended CATR, CCA, and SSS conferences; and even in just Anglophone literary studies I could also join at least two other associations beside ACCUTE: namely, ACQL and CACLALS.

Tuesday afternoon, then, I attended an SDH session on the politics of cyberculture. Antiquated as anything “cyber-” sounds, the session presented up-to-the-minute investigations of digital graffiti, remix culture in China, and interactive art installations. The SDH proceedings also afforded a chance to catch up with familiar acquaintances and make some new ones.

The experience of attending Congress as something of a tour guide – i.e. introducing my RA, an AU Masters student, to the megaconference – made for a somewhat different Congress itinerary than the solo kind I’d pursued in prior years. One obvious difference was that it made the event more about mentorship, from overall orientation to details of conference presentation. The mentorship approach got me reflecting on my own independent introduction to Congress as a gad student, and how disorienting and trial-and-error that autodidactic exercise had been. It also meant making new contacts, as I got introduced to members of my RA’s own growing research network: the U Manitoba archive team; Brock U’s Margot Francis, author of Creative Subversions, a new book about Canada’s racialized, colonial imaginary. It also got me noticing how widespread this kind of mentorship is, observing other scholars leading students on a kind of conference Grand Tour, and, moreover, how much more taken for granted (and, arguably, easy to organize) this kind of mentorship is at traditional, face-to-face universities.

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#AthaU MAIS student poses for photo op with supervisor, mostly to prove he’s not a paper-marking robot.

The other novel dimension of Congress this year was staying with friends, one of whom works for the host institution but not as an academic, and the other in the private sector. They were very curious about what Congress is about in the big-picture way, and about what I was doing there in particular. On my last evening in Waterloo I treated them to a thankyou dinner at a hip little resto they’d raved about, a spot clearly staggering under the influx of hungry academic traffic; then we met a friend of theirs and, on a whim, went to take in a special concert led by Canada’s Polka King himself, Walter Ostanek.

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I’m way more stoked about this than I look. (If we’re talking media savvy, I need to work on my photo op skills.)

Over pints and between rounds of the chicken dance (which got played more often that night than Lady GaGa had been the night before), my hosts asked me about my work; it’s a sometimes difficult but always useful exercise to describe one’s research in plain-speaking cocktail-party talk. In turn, my host shared a sense of what such an event looks like from the not-quite-outside perspective of the university communications office, its media wing, which represents the university to the media, the government, the public. She said that she’d spent most of Tuesday in the Congress media office, and that it was “dead.” I wondered aloud about the media office, how some years it contacts you if it thinks your work will interest the media: this and previous years, I’d filled out and sent in the media form, but to no apparent end – no press of mics and cameras waiting outside the classroom doors. “Bring it to the media office,” my friend said. That is: Don’t wait for the media to come to you, if you think your work is a story – take it to the media. Given recent, disturbing developments in Canada’s public intellectual culture – from the government’s muzzling of climate change scientists to the Canadian Library Association’s suppression of its own members’ activism – this strikes me as a particularly important take-away point. Canada’s public intellectual culture – even the idea of the public itself – is only as strong as those willing to stand up for it, though we do so in the face of the public interest’s active destruction by a regime beholden only to the narrowest of private interests. On this front, Congress could stand to learn much from CLASSE and the students in Quebec, in solidarity with whom so many delegates wore safety-pinned red squares … more visible to sympathetic eyes than to those who really need to see them.

Facebook page protests the #ACdeal, Canada’s university copyright disaster

20120429-231427.jpgA new Facebook page provides critical information, discussion, and networking on the ongoing situation between Access Copyright and Canada’s postsecondary institutions:

STOP the Canadian university copyright disaster NOW.

“Like” the page, post and discuss content, and share the link (since, so far, sharing links is still a free reference activity, not – as Access Copyright’s model license would have it – a chargeable copying activity).

http://on.fb.me/Jqzyru

As you may be aware, especially if you follow the lower-profile developments in copyright regulation, the copyright collecting society Access Copyright (AC) is pressuring Canadian universities and colleges to adopt a “model license” for blanket copyright clearance of photocopying on campus – but the license hurts students financially, flouts legal definitions of copying, and curtails academic freedom. And universities that don’t agree to this license face an even more punitive tariff instead.

If you haven’t been following this story, and you’re a #cdnpse student or employee, you have cause for serious concern. For a quick briefing about this crisis, see the links in this post at my #AthaU blog:

“What you need to know about the #ACdeal: seven short must-reads.”

If there’s one article that best summarizes the #ACdeal crisis, it’s the one by the Canadian Association of University Teachers (CAUT): “A bad deal: the AUCC/Access Copyright model license agreement.”

Canadian Intellectual Property Office gets its own quiz wrong

The Canadian Intellectual Property Office has posted an online quiz on “IP basics,” inviting the average citizen to test one’s knowledge of copyright.

Weirdly, the second question in the Copyright section shows as correct an answer that is incorrect.

What constitutes a copyright infringement?
* Reproducing an article without the owner’s permission
* Playing songs on the radio without the owner’s permission
* Recording the performance of your favourite group without permission
* All of the above

According to the quiz, “all of the above” is the correct answer, but this is not true in Canadian copyright law. None of the above uses are categorically infringements: some uses are protected by the fair dealing exemption, others by blanket licensing (as described in the first comment below). The quiz offers no explanation for designating its purported correct answer.

I find this error a troubling detail, as it shows the national copyright office to be publicizing incorrect legal information and misleading the public on an aspect of copyright law that is important to everyday users of copyrighted materials.

The quiz and the wrong answer, as well as fuller explanations for why the answer is wrong, were brought to my attention today via the ABC Copyright listserv, whose subscribers and e-mail correspondence I thank for an intensive discussion of this disturbing irony. It should give Canadians pause to critically consider how much we can actually trust the federal office responsible for copyright law.

“Techno, Frankenstein and copyright”: the open-access edition

I’m pleased to announce that my most-cited article is now openly accessible, courtesy of Cambridge University Press. The article documents the case of Sony’s unlicensed exploitation of Underground Resistance’s acclaimed “Jaguar” track in 1999, demonstrating how “piracy” is the big labels’ own business as usual – and how independents lacking the resources for legal recourse can fight back in other ways.

McCutcheon, Mark A. “Techno, Frankenstein and copyright.” Popular Music 26.2 (2007): 259-80.

This essay argues that the widespread but not widely recognised adaptation of Frankenstein in contemporary dance music problematises the ‘technological’ constitution of modern copyright law as an instrument wielded by corporations to exert increasing control over cultural production. The argument first surveys recent accounts of intellectual property law’s responses to sound recording technologies, then historicises the modern discourse of technology, which subtends such responses, as a fetish of industrial capitalism conditioned by Frankenstein. The increasing ubiquity of cinematic Frankenstein adaptations in the latter two decades of the twentieth century outlines the popular cultural milieu in which Detroit techno developed its futuristic aesthetic, and which provided subsequent dance music producers with samples that contributed to techno’s popularisation. These cultural and economic contexts intersect in an exemplary case study: the copyright infringement dispute in 1999 and 2000 between Detroit’s Underground Resistance (UR) techno label and the transnational majors Sony and BMG.

By the way, if you don’t know “Jaguar,” by Underground Resistance’s Aztec Mystic (a.k.a. DJ Rolando), you’re in for a treat, from your earholes to your shakin’ booty.