"We Do Not Have Hollywood on the Outskirts of Warsaw": What Poland Can Teach Us About Circulation (Part One)

The Centrum Cyfrowe Projekt: Polska recently posted an English language translation of their report, The Circulations of Culture, which deals with the informal, sometimes illegal exchange of media content which is occurring in contemporary Poland. This report is a model of the kinds of thoughtful research which should be done in other countries around the world, including the United States, on this highly contentious topic. They start with a recognition that the pervasive language of "piracy" closes off issues which we need to be exploring. As they write:

"Wanting to become familar with and understand new practices one may not assess them in advance, let alone condemn them as illegal or wrong. Only knowing their scale, character and consequences may we assess the influence of new circulations of content on the sphere of culture. The domain remaining out of control of the state and the market is very varied. We lend and borrow books and records. We watch films uploaded to YouTube, but also we download them from websites and p2p networks. Usually we do not think whether we do it legally or not. And the facts of the case may be varied – there is content made available on the web illegally, but we may also use many materials in accordance with the law. Only 13% of Poles buy books, music or films. As many as 33% get hold of them in digital form, in a non-formal manner and for free. This number increases to 39% if we include also the „physical” forms of exchange into informal circulations, such as lending CDs. That is three times more than the market circulation, based on purchases of content."

So far, the report's findings might seem to support those who feel that informal circulation undercuts the development of a commercial market. Yet, the picture they develop turns out to be more complicated. They found that the rate of cultural consumption in contemporary Poland remains very low -- only 44% of Poles had contact with a book over the past twelve months and only 20.80% of Poles went to the cinema over the past year. Among those who are most active online, though, the numbers are significantly higher. 89% of "Internauts" or "heavy Internet users" have read at least one book over the past year, and 82 percent have gone to a movie in the past 12 months. So, while less than 5 percent of Poles have bought a book and less than .1% have bought cps in the past year, those numbers are much higher for those who are most active online -- 68% bought a book, 29 percent bought music.

Most of the heavy internet users acknowledged downloading some form of media content without paying for it -- the number can be as high as 95 percent depending on how we define our terms, but they also represent the core of the existing media market. As the report concludes, illegal downloads do not preclude legal purchases. So much for the argument that it is going to be impossible to get people to pay for content they can download for free. Instead, we need to enter into a much more complex exploration of when and why people who could and do download content illegally choose to pay for media content. So, when the media industry declares war on pirates, it may also be declaring war on its best customers, and this may explain why their tactics so far have been so unsuccessful at slowing the rate of "media piracy," because they are directed at the wrong people, because they do not understand the root causes of the issue, because they are not addressing the key motives for why people choose to pay for media.

Mirek Filiciak,  Justyna Hofmokl, and Alek Tarkowski, the primary authors of the report, were kind enough to participate in the following interview, which helps situate their findings within the context of a broader range of research in Poland and other parts of Eastern Europe concerning "sharing cultures" and "informal media economies." In what follows, they share further insights from their research which might guide policy-makers in other parts of the world as they seek to develop a more nuanced understanding of the ways such unauthorized circulations may impact the creative industries and the culture more generally.

For a creative presentation of the report's core findings, visit this site.

Can you provide some context abort the current state of the debates around intellectual property and file sparing in Poland? What motivated your study? 

MIREK FILICIAK: The subject has been moving from the fringes towards the mainstream of the debate on culture for several years now. The shift has motivated the Polish government to work at increasing access to the public domain and to create initiatives such as the Digital School project, which directed a significant amount of funding towards the creation of open educational resources. The protests of Polish youth against ratification of the ACTA treaty in January and February of 2012 were a breakthrough moment for public discussion surrounding the subject. Incidentally, that’s when we unveiled our report, the end result of more than a year’s work.

For our team, taking on the subject was a continuation of our previous initiatives and research projects. Take, for example, the series of “Culture 2.0” conferences we co-organized, one of which featured you as a keynote speaker. Justyna and Alek founded the Polish chapter of Creative Commons and now they’re heading Centrum Cyfrowe (Digital Center), which is a leading Polish organization working towards greater cultural and civic engagement through digital technologies. IP issues are one of the Center’s main areas of interest and thus the organization hosted our research project. I myself have extensive research experience in this field and my previous research projects concerned for example fans of American TV series in Poland, or the “Youth and Media” project (the full report will soon be available in English) which was an ethnographic study of the use of media by Polish youth. We demonstrated in that study that thanks to networked digital media content often flows outside of official markets and without the involvement of institutional intermediaries. Our previous work and experiences with research, policy and activism suggested that the available indicators of cultural participation, often focused on official distribution channels, illustrate only a subset of the cultural practices of Poles.

That’s why we decided to provide empirical data that can be useful both for researchers and for policymakers. In Poland, previously data was limited and skewed: based on outdated research schemes of official statistics or biased studies set to prove that piracy is wrong and harmful for culture. There are some commercial studies, but usually the methodology is kept secret, which makes it hard to debate the results. From the very start, our project was designed to be a scientific study as well as an additional voice in the public debate. We also wanted to propose a set of standards for transparency of methodologies and data presentation (not only did we make the report and raw data sets available to the public, we also prepared a very approachable mashup).

You make a clear point in the opening paragraphs of the report that you are not studying “pirates,” but rather you are researching “informal content sharing practices.” Can you explain the distinction you want to make between the two and why it is such an important one for framing your findings? 

JUSTYNA HOFMOKL: Above all, we wanted to draw public attention to somewhat deeper aspects of cultural activities of Internet users. And to retire the “pirate” label, as it basically leaves no space for debate and substantial arguments. In Poland, content sharing via the Internet has been presented for the last few years strictly as a struggle between “thieves” and “pirates” on one side and “evil corporations” on the other, without making any attempts at trying to understand the phenomenon.

The “piracy” tag draws attention solely to the financial consequences suffered by authors and intermediaries, while omitting issues that are absolutely fundamental for the state’s cultural policy, such as building social and cultural capital through accessing and sharing content. Only by framing the issue in a neutral way can we look for regulatory solutions that will balance the interests of the authors and intermediaries with societal benefits.

That’s why we were determined to take a closer look at the circulation of content outside of the market and reinvigorate the public debate, which doesn’t seem to have developed in Poland in any sensible way in the years that passed since the fall of Napster. Instead of talking about “piracy,” we’d rather discuss the flow of cultural content in the society. It often slips outside of the control and regulation of both governments and markets – and forms informal circulation.

We didn’t want to evaluate the legality of the behaviors we studied – and by the way, that’s not an easy task. In Poland, even the lawyers themselves can’t agree on what classifies as “fair use.” We assume the point of view of the users themselves and take a closer look at the way they access and use cultural content. We want the debate on regulating certain cultural practices on the Internet to be based on facts and reliable data.

Many have argued that the informal sharing of media content online comes at the expense of purchasing media. We hear the argument that people are unlikely to pay for media when they can get so much of it for free. What did you discover around this question through your research? 

ALEK TARKOWSKI: Our results demonstrate that the people who access informal circulations can be roughly divided into two groups. About a quarter of them are people who at the same time download informally and purchase content. Surprisingly enough, they are among the culture industries’ best customers. They make up the largest group among said customers and their expenditures are similar to the expenditures of consumers who don’t engage in illegal downloading. Formal and informal distribution channels are not competing in their case. However, 75% of people who participate in the informal circulation – this amounts to about 25% of all adults in Poland – don’t purchase any media from the formal circulation. They use radio, the TV, and the Internet. The question is whether they’re people that have “quit” the market or ones that never participated in it to begin with. We think (although that’s strictly a hypothesis) that they’re potential future customers or people that don’t participate in formal distribution due to economic reasons. Informal circulations increase the cultural activity of people who, until now, were only passive consumers of mass media.

In our next research projects we are trying to better understand the exact relationship between the two types of circulations, studied through the practices of individual persons. We don’t know for example whether an Internet user that engages with both circulations does it with equal frequency or how downloading influences purchasing behavior over time. We are also pressuring the government to organize a research consortium that would explain the economics of the two circulations.

Mirek Filiciak is a cultural studies scholar, works at the Warsaw School of Social Sciences and Humanities. He is interested in the influence of digital media on cultural participation practices and research methodologies. Co-editor of Polish cultural studies quarterly Kultura popular (Popular Culture), co-author of book Youth and Media.

Justyna Hofmokl is a sociologist and vice-director of Centrum Cyfrowe - think-and-do-thank building digital society in Poland. She is the author of Internet as a New Commons and published in International Journal of Commons.

Alek Tarkowski is a sociologist and works as director of Centrum Cyfrowe. He is Public Lead of Creative Commons Poland and former member of the Board of Strategic Advisors to the Prime Minister of Poland. His research interests focus around the intersection of intellectual property, society and digital technologies, with a special interest in open models of collaboration and sharing.

Creating Transmedia: An Interview with Andrea Phillips (Part Three)

Game designers have long debated how they might create a game that makes people cry or indeed, whether people cry about games all the time (and not just from frustration.) I am often asked a similar question about transmedia.  Is our experience of transmedia a necessarily cold and analytic one -- putting together pieces of a puzzle, searching for clues which provide insights -- or does it produce its own range of emotional impacts on the audience? 

The idea that weeping is the sole arbiter of emotional response is absurd. The fact is that not only can games and interactive narrative produce a range of emotions -- the same tears and laughter and boredom you can get from flat media -- but also a whole new palette of emotions that require the audience to have agency. Frustration, as you say, but also fiero. Guilt over one's actions. Pride over an accomplishment. Relief at escaping from danger.

Many transmedia narratives share that element of interaction, and hence can open up that broader range of human emotions to provoke. Indeed, this is one of the things I find the most exciting, as a writer -- if the goal if a story is to provide an emotional experience, then surely the forms that allow you to access a wider scope of emotions is the clear winner.

The idea that a transmedia experience must be cold and analytic is equally misdirected. It's mistaking form and structure for content. The emotional payload is carried by the context and meaning each piece has, not by how you consume it. You wouldn't call a business letter anything but a cold and emotionless format, but the memo that hires you or fires you is going to have tremendous emotional weight because of the meaning you bring to it as a reader.

It also bears noting that insight based on fragmented evidence is our natural experience of life. Not to go down that "the whole world is a transmedia experience" path, but there is definitely a seed of truth there -- attaching meaning and therefore emotional weight to what amount to breadcrumbs is a very common and very human activity, whether the stories we're engaging with are authored fiction or not.

Writers have often described film and theater in terms of the willful suspension of disbelief, yet it can be hard to sustain disbelief across a story which is dispersed across so many different media. Indeed, transmedia often calls attention to the processes of its own production and circulation in ways which can impact its emotional reality. This may be why early ARGS claimed “this is not a game” and thus incorporated the reality of the web into the story. I’ve suggested we might think about the active production of belief as part of the expectation the transmedia storyteller places on their audience. What insights do you have about the problem of maintaining the credibility of a transmedia story?

This is an issue I've wrestled with quite a lot, because there are tremendous ethical and legal questions around pervasive fiction. How do you account for bystanders misinterpreting your content -- and maybe reporting you to the authorities? And yet how do you create an immersive experience if you're lamp shading the fact that your story isn't really real?

The solution, I think, is to separate the idea of realism and verisimilitude from the idea of emotional and narrative authenticity. It's easy to mistake the two, because they're both interpretations of truth. This isn't a new problem, either. In the 18th century, many novels claimed to be papers found in an attic, journals arrived in a mysterious parcel, and the like. They, too, were striving for realism in an effort to stake out credibility and authenticity, as the novel was considered a low form at the time. But now we've grown comfortable with the idea that a novel is outright fabricated by a writer, and that novels have cultural value, too.

Transmedia narrative will get there as well, and I suspect a lot faster, because audiences now have much more sophisticated media habits than audiences three hundred years ago. The audience will happily forgive you for gaps in realism. The hero rarely has to take a bathroom break, after all, and the bad guys are nearly always terrible marksmen. But if you have a character react to a situation in a way that doesn't feel true to the audience, you'll simply lose them.

Once you recognize this key distinction, it liberates you from striving to make things all look perfectly and completely realistic. The audience wants to buy into your story, so using intro and outro bumpers on video clips and corporate footers on websites don't damage the heart of the experience.

Classic Hollywood developed principles of redundancy so that every detail that mattered was repeated multiple times -- they sometimes talked about the Law of Threes. Does redundancy become more or less important in a transmedia text? What are some strategies that are effective for building redundancy into the text without boring your most dedicated fans? Are there other principles which should be used to insure the accessibility of a transmedia story?

As with many parts of transmedia creation, there's no one right answer. It depends on what works best for the project you're trying to make. Outright repetition could be necessary in some works and not others.

The one hard rule I'd put is this: if you're providing multiple entry points to your story, then you need to provide enough context for the audience to understand what's going on at exactly that point. If that means you have to repeat important details, then so be it, but a more elegant solution might be to provide easy access to that information in an out-of-story reference source. It might also be possible to include certain key information in entry pieces of content and then never repeat them. If you're making a sprawling Star Wars-style venture, you probably don't need to explain what a Jedi is in every new book or film; you can assume a certain amount of canon knowledge in your audience.

There is one more consideration, though, and that's the effect of fandom on a work. In an emergent and adaptive narrative, you may not even know what details will be important ahead of time. You simply choose the things your audience has focused on and reward that focus to the best of your ability.

Some communities thrive on explaining the story to one another, as well. Homestuck comes to mind -- it's recently been described as the Ulysses of the internet by the Idea Channel. It's nominally a web comic, but there are strong game influences and even outright games, music, and heavy audience influence over the events of the story. At this point, there are dozens of characters and an incredibly convoluted universe that operates under some very specific rules. The story can be nearly inscrutable in places if you aren't active in the fan community one way or another.

But if the creator, Andrew Hussie, were to repeat important details in the way that Hollywood might suggest, it would disrupt the flow of the story, limit its scope to what could be planned ahead of time, and it would remove the need for a sort of social grooming that happens in the fan community, of sharing common knowledge about the story and world. I don't think that fandom would be as robust if Homestuck itself wasn't as opaque.

Some argue that elements built into a transmedia story in order to intensify fan engagement can seem overwhelming to a more casual consumer who wants to just sit back and be entertained. Is this tension inevitable around a transmedia work or can we, as Christy Dena has argued, created different forms and levels of participation for different segments of a transmedia audience?

We can design for different levels of participation, and in fact for the most part we do. But there is a point of diminishing returns. If only ten people in the world will ever see a piece of content, perhaps you're better spending your budget on something else. You do in general have to choose between providing a very rich and deep experience for very few people, or providing a somewhat shallower experience to a much broader audience.

The fashionable solution right now is to make each platform a self-encapsulated narrative, completely accessible to casual audiences. Star Wars works just as one movie. Lizzie Bennett Diaries works just as a web series. Lance Weiler's Pandemic works just as a short film, and so on and so forth. But there are varying degrees of immersion available if you're motivated for all three of these. For Star Wars, you get entire other stories. For Lizzie Bennett, you get just a little characterization and depth.

And again, the issue of fandom rears its head. In a classic alternate reality game, most people will never actually solve a serious puzzle or pick up documents in a secret meeting at midnight. But the players who do jump through those hoops actually become a part of the entertainment for more passive audience members. The experience becomes something akin to a spectator sport.

Andrea Phillips is an award-winning transmedia writer, game designer and author. Her book A Creator's Guide to Transmedia Storytelling is published by McGraw-Hill. Her work includes educational and commercial projects such as The Maester's Path for HBO's Game of Thrones with Campfire Media, America 2049 with human rights nonprofit Breakthrough, Routes for Channel 4 Education, the independent commercial ARG Perplex City, and The 2012 Experience for Sony Pictures. These projects have variously won the Prix Jeunesse Interactivity Prize, a Broadband Digital award, a BIMA, an IVCA Grand Prix award, the Origins Vanguard Innovation Award, and others.

Creating Transmedia: An Interview with Andrea Phillips (Part Two)

By now, we have enough experiments to start to develop some core insights about what kinds of stories work best in a transmedia context. How would you define the goals and properties of a good transmedia story?

 

The core goal should always be to create a compelling story. Every facet of the work would reflect that, in a perfect world. But it's interesting to think about what elements of a story will actually sustain it, and what won't.

A lot of great transmedia works share certain surface characteristics: intricate mythologies or story worlds, a thread of the mysterious unknown, and some form of group identity the audience can relate to and imagine being a part of. Science fiction and fantasy are of course the main stock of transmedia so far, both because those genres easily fit those criteria, and because their fans tend to both interrogate their fiction relentlessly and sit early on the tech adoption curve. But we also see a lot of thrillers and mysteries, because those provoke seeking and solving behaviors; the audience actively wants more angles to the story and is motivated to seek them out.

There are a few genres that haven't yet been explored very well, though, and so I think we've found only a few things that work. How I Met Your Mother is pioneering the extended transmedia punch line. We'll definitely see more and more of that. And MTV's Valemont and now Lizzie Bennett Diaries tap into a potentially rich vein of complex social drama, for example. I think there's potentially a thriving market for soap-style transmedia relationship drama, but there haven't been as many efforts in that direction so far.

There's a related question: Is there anything in transmedia guaranteed not to work? I think very internal, literary stories might struggle to carry an expanded treatment without transforming into something entirely different. The Old Man and the Sea, for example, is a moving piece of writing, a work of classic literature, absolutely worth your time. But not really a great candidate to create a transmedia property. If you were to fracture it into pieces or expand the core of the story, you'd inevitably lose the power of the work as it stands. That's a huge part of being a transmedia creator, too; knowing when to leave well enough alone, because applying your tools will make the story worse, not better.

You describe yourself as a “big fan of physical artifacts” which help expand the world of the story. So often, transmedia is associated with digital media in popular discourse. What are some rich examples of projects which brought tangible and tactile media experiences into the mix? What do you see as the value of doing so?

Tangibility is a profoundly powerful thing. It's why we bring back souvenirs from trips, and why we cherish old concert t-shirts, why we buy replicas of rings and swords from movies we love. It's almost like locking all of the feelings and memories about a certain time and place into that object for safekeeping. I couldn't begin to explain the neuroscience, but I know the tool is that compelling. As an artist, of course I want to use that tool for the benefit of my story! And as a businesswoman, if people are willing to pay for that depth of experience, then I should definitely make it available.

Of course the HBO Game of Thrones campaign The Maester's Path is a great example of physical artifacts in transmedia marketing. The scent chests and food trucks dreamed up by Campfire were beautifully executed and well received (and I say this as someone who was on the team but definitely not the genius who dreamed up the strategy). Alternate reality games as a whole have an enormous history or providing tangible goods, to such an extent that the annual conference ARGfest sets up a museum every year so people can see and touch that history for themselves.

I'm working on an indie project right now called Balance of Powers, and just a few weeks ago, Kickstarter backers were sent an eight-page newspaper from the story world. It had display ads, classified ads, horoscopes, political news, a crossword puzzle -- just like a real newspaper, but all slightly altered to give information about the alternate-history universe where the story is taking place. The audience loves it, we have a way to make a little more revenue, and the story world expands in breadth and depth. It's a winning proposition all around. I am determined at this point to make a tangible element for every project I make, if I can manage it -- it's that powerful.

But as with many of the tools we place under the transmedia umbrella now, it's not even a very new practice! Video games used to use tangibility all the time. I loved Infocom text adventures, back in the day. The games themselves had no sound or graphics, but the boxes they came in were works of art. I remember letters and postcards, a swizzle stick shaped like a palm tree, a plastic evidence envelope with "cyanide" pills inside, maps and journals. Ultima games did it, too: coins and tarot cards and cloth maps. These objects both helped to evoke the game world right off the bat, and became cherished objects long after you'd finished the game. Games still do some of this, but they've switched to the revenue model, as well. You only get Master Chief's helmet if you shell out for the premium edition of Halo III.

I am a naysayer and don't consider all licensed objects to have that power, though. For me, there has to be an element of touching the story world. A toy light saber? Absolutely yes. Action figures and bed sheets? Maybe not so much. Those may be important sentimental objects, but they don't feel like objects from a fictional world that have materialized in our universe the way a replica of The One Ring might.

One common misunderstanding in transmedia is that because the information is dispersed across media, it can be consumed in any sequence and thus the story is essentially nonlinear. What roles do you see sequencing of information playing in shaping the transmedia franchise and what are some strategies people are using to influence to order in which we engage with the different segments they have produced?

This is one of the big structural challenges we deal with again and again. You can make entirely nonlinear experiences, but they're the exception, not the rule. That said, it is common for a minor component of a project to become a vector for introducing people to the greater work -- one wonder how many new people gave How I Met Your Mother a chance after the Robin Sparkles "Let's Go To The Mall" video. So you can certainly make discrete pieces that don't have much bearing on the chronology of the overarching storyline.

There are several possible solutions to the problem, though. One is to make it very obvious what your intended sequence of consumption is.  Reading or viewing guides, for example, for finished works. It's also good design to account for that in your structure; to make entry points obvious and numerous. Everybody knows where to get started with Star Wars -- you watch the movies.

For an experience that plays out in real time, finding a way to catch up new audience members is an enormous challenge, but an important one if you want to keep your audience growing. One of the things I'm most impressed with from The Lizzie Bennett Diaries is their recap model. Of course viewing order for the web series is obvious from looking at the YouTube channel. But there's also a handy reference page where important Tumblr posts and Storified social media exchanges are archived.

And then there's the Fourth Wall Studios approach with Dirty Work -- there's a main linear narrative with a distinct and obvious path through it. Other elements add to that, but it's not strictly necessary to consume them at all -- and they're all anchored in the main video so that it's literally not possible to access them from the wrong spot.

I think, though, that all of this is still a little clumsy. This is one of those elements of transmedia narrative where I feel like we haven't yet established the right conventions and vocabulary. In film, you know how to interpret a montage or a scene with calendar pages dropping to the floor. One day, we'll have simple and agreed method for showing an audience the best and intended way to navigate a transmedia experience, even if we're not quite there yet.

You use the example of “Chekhov’s Gun” to describe a particular kind of storytelling, where everything introduced must have a clear function within the narrative. Once you introduce a gun into the story, at some point you have to have a character fire it or otherwise what's the point. Yet, transmedia expands the potential range of functions which a device or detail might serve. For example, it might simply tell us something about the world which goes beyond the demands of a particular story, or it might be a rabbit hole which opens up places for the audience to explore beyond what’s explicitly on the screen. How, then, do transmedia producers know when to stop adding details? How do you answer the core question which many game designers learn to address early in their creative process -- what’s not in the game?

That's a particularly pertinent question in light of the reaction to Prometheus. The film centered around explaining a mystery from the first Alien film -- at least in part; there were a few points of conflict between the two accounts. But many viewers of both films were very unhappy with how that mystery was answered. They felt that by spelling out the origin of that first alien, the original work lost some of its impact.

When you're writing a complex work of fiction, it's often the case that you'll have a lot of information about backstory that you aren't going to pass on to your audience. It might seem like a waste to generate that knowledge and then not use it as content. But sometimes it's crucial to get your story straight about events and motivations you never want to spell out -- you're creating a negative space, and that space has to remain consistent. In order to preserve consistency, though, you have to be completely clear about what occupies that space.

I think, though, that part of this is simply the art of storytelling. The act of telling a story is implicitly the act of choosing a frame. There will always be things that happen before your story begins, and after it's over; there will always be things that occur during the story that you choose not to include. The art of narrative is to curate what you include in order to create the most satisfying possible story. Unfortunately, that's one of the hardest skills for a writer to learn.

The best (but still imperfect) advice I'd have is to understand what parts of your story are absolutely immutable, and which you can change. If you can cut something out of the story and still have a comprehensible story, then that element has to go through a harder vetting process. What is it adding? If you can't put your finger on a rock-solid reason to keep it in, maybe that's your signal that you shouldn't include it at all.

Andrea Phillips is an award-winning transmedia writer, game designer and author. Her book A Creator's Guide to Transmedia Storytelling is published by McGraw-Hill. Her work includes educational and commercial projects such as The Maester's Path for HBO's Game of Thrones with Campfire Media, America 2049 with human rights nonprofit Breakthrough, Routes for Channel 4 Education, the independent commercial ARG Perplex City, and The 2012 Experience for Sony Pictures. These projects have variously won the Prix Jeunesse Interactivity Prize, a Broadband Digital award, a BIMA, an IVCA Grand Prix award, the Origins Vanguard Innovation Award, and others.

Creating Transmedia: An Interview with Andrea Phillips (Part One)

Over the past few years, there has been a minor publishing industry emerging around books which seek to explain the aesthetics and economics of transmedia or crossmedia entertainment production. Among them: Drew Davidson (from Carnegie Melon University’s Entertainment Technology Program) contributed Cross-Media Communication (2010); Wired Magazine’s Frank Rose (2010) published The Art of Immersion; Nuno Bernardo (2011), a Portugal-based transmedia producer who has done work in Canada, Europe, and the United States, published A Producer’s Guide to Transmedia; the similarly titled A Creator’s Guide to Transmedia Storytelling: How to Captivate and Engage Audiences Across Multiple Platforms  is the work of Andrea Phillips (2012), whose clients have included HBO, Sony Pictures, and Channel 4, and Max Gionavagnoli (2011), an Italian based transmedia producer and teacher who has organized the Ted X Transmedia events, recently published a more theoretical work, Transmedia Storytelling: Imagery, Shapes, and Techniques. It is not simply that these books come from both industry and academic sources or that they come from both the United States and Europe, but the individual authors also often straddle borders, as creative producers who work sometimes in academic settings, or as producers who work in multiple national contexts. These books engage in what might be described as speculative aesthetics, theorizing future directions in transmedia, alongside pragmatic advice for would be producers.  

As someone who teaches courses in this space (and regularly hears from other faculty who are developing such classes), it is great to have such a rich array of texts to use to instruct and inspire our students. I am committed to using this blog to run interviews showcasing this projects: so far, I have run interviews with Davidson and with Rose, and now, I am happy to share this exchange with Andrea Phillips.

Phillips is one of the most thoughtful writers working in this space today: she manages to hit the right balance between pragmatism and vision, between describing the conditions under which transmedia producers work today and spelling out the long term potentials of this still emerging form. She has the weight of hard experience behind her, but she is also deft at exploring theoretical and aesthetic dimensions of her project. I learned a ton from reading her book, and I learned more from her response to some potentially challenging questions I threw her way. I hope you enjoy this interview which I will run across the next few installments. I am very much looking forward to meeting her in person at the Futures of Entertainment conference at MIT next week. (And, shameless plug, it's not too late for you to register to join us there.)

I was delighted to see such a strong emphasis on the audience in the title of your book. Many people want to see transmedia as centrally about textual practices or about technological affordances. What model of audience underlies the approach you take in your book?

I come to the creation of transmedia narrative as an audience member myself, first and foremost. As a result, I'm absolutely militant about making sure that the story has value to my intended audience, even across a spectrum of consumption styles. This approach arguably has as much in common with software design as with other kinds of storytelling: use cases and user flows become just as important as emotional texture and pacing.

There's an interesting piece of mental gymnastics required when you're thinking explicitly about your audience. On the one hand, the audience is made of multiple individuals who will each have different experiences of the narrative, depending on factors like mood and context you have no control over. And for many people, that individual experience is all they'll have.

On the other hand, your audience is made up of individuals who talk to one another -- on forums or other digital communities, on social media, in person. Just as your work is hopefully greater than the sum of its parts, so too is the audience. It's smarter than the single smartest person. It's a living organism that makes decisions about how to engage with your story on behalf of a huge share of your audience.

You have to be able to hold both of these ideas in your head, and plan both for the individual and for the hive mind simultaneously. That can be a tricky maneuver. It's easier to design simple for a single-player experience or assume every audience member will be experiencing your story through the lens of a collective. But it's much better practice to take both angles into account.

Your first sentence tells us, “there’s never been a more exciting time to be a storyteller.” Why? 

We're in the middle of an epochal shift in how human beings communicate with each other. There have been other disruptions in the past, of course. The printing press and television were both incredible disrupting technologies that totally altered our communications landscape. But the internet and the mass availability of the tools of production have for the first time put the power of one-to-many and many-to-one communications in the hands of just about everyone. (Gibson's unevenly distributed future notwithstanding.)

The result is a revolution in how we view and consume news, in how we engage politically, how we promote and fund businesses, how we spend our leisure time. And more to the point, it's completely altered the landscape of the possible for art and for artists. We have new tools and new ways to reach audiences -- and that's amazing.

But the part that gets me incredibly excited is that we're experimenting with new forms, too, or changing old ones into something breathtakingly novel. We're making new kinds of art that can exist only in the intersections between media, not just taking old media to new places. It's not every generation that gets to feel like you're shaping a whole new art form.

You write in the book about the East Coast and West Coast Schools of transmedia design philosophy. How important do you think these geographic distinctions have been in the ways transmedia has evolved over recent years? And what happens when we open transmedia to a more global perspective? Surely, East and West Coast mean something different if we are talking about Europe, Latin America, or Australia, each of which has made innovative transmedia properties.

In a way, I regret codifying that West Coast vs. East Coast ideology in the book, because the distinction I was addressing has much more to do with philosophy than with geography -- it's meant to underline a cultural difference created by different underlying industries and mechanisms of productions. Of course Los Angeles transmedia is heavily influenced by Hollywood and the TV industry that exists out there -- many of the people coming into transmedia in that region happen to come in already having that skill set, and it's wise to use the skills you have.

Meanwhile, New York has a very strong live theater community, and a strong network supporting independent film. So it makes perfect sense that works in that region would be influenced by proximity to those artists.

I find it extremely frustrating that a perception exists that big franchise-style intertextual works and very personalized independent works can't both be transmedia at the same time. It doesn't need to be a value judgment. Removing either one cheapens the whole of transmedia and what's possible under that umbrella.

Of course there are tremendous transmedia works coming out of Canada, Australia, the UK, Scandinavia -- and it's not easy to slot those into East Coast vs. West Coast. They all have their own distinct style and flavor, because of varying local factors. Canada, for example, has a world-class presence for transmedia documentary and nonfiction, as a side effect of how its funding bodies operate.

As we open our eyes to even more work being done globally, we'll find more interesting variations in approach than even that. In fact, I'd put down money that distinctions in that work already exist, but they haven't yet been thoroughly documented in English. What's the state of transmedia in Bollywood? What strides are occurring in the Korean MMO community?

It would be remarkably arrogant to just assume there are none -- it's a better bet to imagine there are marvelous works being created that the English-speaking transmedia community simply hasn't encountered yet. This is doubly true when you consider how many creators in English have independently stumbled into transmedia by making it before they ever heard the term.

From the start, transmedia has been caught in the competing pulls of marketing and storytelling. But, is this really different from any other form of commercial or popular entertainment form, which have historically been described in terms of the tension between Art and Commerce? What’s at stake in seeing transmedia as a form of storytelling as opposed to a form of marketing?

It's not a brand new thing, or unique to transmedia, not at all. This is the same old song and dance that early film went through, in particular. We have to navigate a tangled web of issues ranging from the credibility of art and artists, the need to make a living, public perceptions of the form, and the filters that audiences use to view any given work. The net result, though, is that being viewed solely as a potential marketing vehicle is very definitely a huge risk to the development of transmedia storytelling as an independent industry.

These risks are threefold. First, it means transmedia is on the hook to produce successful marketing outcomes in order for ongoing production of new projects to continue. This is problematic because transmedia isn't inherently a particularly good or efficient marketing vehicle. Transmedia marketing campaigns projects have created some amazing press buzz, to be sure, but the efficacy of a transmedia marketing campaign varies tremendously. And even in the areas where transmedia marketing excels (creating depth of engagement, for example) it's notoriously hard to measure how A few high-profile, expensive failures could chill any client's appetite for transmedia work. It would be a tragedy for something like that to smother the industry in the cradle.

And it means that audiences approaching a transmedia work will always be trying to ferret out the hidden brand message. Worse, it means that the creators are beholden to stay on message, limiting the scope of possible work enormously. A marketing client may place limits ranging anywhere from a mild "no swearing" to something as confining as "no responding to Tweets or comments." These limitations can hinder the viability of individual projects. But they're invisible to the public -- all they'll see is a transmedia marketing campaign that just doesn't quite work, and before you know it, transmedia itself is written off as an unviable mode of creation.

But equating transmedia with marketing, not storytelling, also means that independent artists have a more difficult time with winning grants, for example, or even generating press coverage. This does rise from that tension between art and commerce you mention; there is a myth that real artists don't sully their hands with concerns about mere money, the romanticizing of the starving artist in a garret producing purer work. Meanwhile, some of the finest art of our time is created as design work for advertisements. But it's not considered "art" in the purest sense because it was commissioned for a commercial purpose.

Ultimately, the credibility of transmedia as an art form is on the line, and therefore the willingness for programs to permit it as a course of study, for funding bodies to award money, or for investors to contribute will all suffer.

Andrea Phillips is an award-winning transmedia writer, game designer and author. Her book A Creator's Guide to Transmedia Storytelling is published by McGraw-Hill. Her work includes educational and commercial projects such as The Maester's Path for HBO's Game of Thrones with Campfire Media, America 2049 with human rights nonprofit Breakthrough, Routes for Channel 4 Education, the independent commercial ARG Perplex City, and The 2012 Experience for Sony Pictures. These projects have variously won the Prix Jeunesse Interactivity Prize, a Broadband Digital award, a BIMA, an IVCA Grand Prix award, the Origins Vanguard Innovation Award, and others.

Can a Game Help Low-Income Youth Get into College?: An Interview with Colleagology Games (Part Two)

Mission: Admission represents an attempt to translate your earlier game into Facebook. What differs between the two versions? What has social media allowed you to do which you couldn’t do before?

TF: Mission: Admission is a Facebook adaptation of Application Crunch. Like the card game, it is about the application process. In the game, you take on a character that is applying to college. That character has a family financial background and an aspiration about what they want to be in life. The game takes place over a real world week, driven by a set of deadlines that are similar to those in the card game: applications for colleges, scholarships, FAFSA, etc.

Because it is a digital game, we can bring the game to life a bit more in this format. So, the game takes place in a school where activities that you can engage with are found in the various areas: the library, the counseling office, the fine arts studio, the gym, the tech lab, the writing lab, etc.

When you start out, your school only has a few activities available, so your character doesn’t have as much opportunity as you might like. We meant this to be representative of how many low income students might experience their schools.

As you help your character earn scholarships, get accepted to schools, and more, you earn “pride” for your school, which you can spend upgrading the various areas to include more options for your character. At the end of each week, your character goes off to school, if you were successful in getting them accepted and finding ways to pay for the college of your choice.

You get a new character to help, and your former characters will write you letters home telling you how they are doing in school. Overall, it is a much deeper system in many ways, than the card game, but I think they both have their strengths.

Some may wonder about your decisions regarding the duration of game play on Mission: Admission. Can you explain your rationale for having such a prolonged play experience?

TF: It’s an interesting question—especially when you think of how long people play games like Farmville. In truth, I think the real difference is that we have made a game with a fixed time cycle, rather than the kind of open-endedness that most Facebook games employee. This was dictated somewhat by our subject matter: the college application process has a fixed duration and then you go or you don’t go to college.

We could have chosen to make a shorter game, of course, like a casual game that took, like 10-20 minutes to play through the application process. If we had done this, however, we would have lost what we thought of as a key learning: that you need to keep these deadlines in mind while you’re going on with the rest of life.

When you play the Facebook game, you can only make so many moves per session before you use all your energy. Then, you need to wait and remember to come back to finish your applications.

You also need to plan ahead. For example, many applications require letters of recommendation. These take time so you need to request them at least 12 hours before an application is due—time in the game is abstracted, as is money. You might have everything you need to apply to a full ride scholarship that will let you go to the college of your dreams, but if you don’t get that last letter of recommendation in on time, all your plans will dissipate. That is a pretty important lesson to learn!

ZBC: It’s one thing to teach students information about college, it’s another thing to teach them strategies. The weeklong play session exposes first generation students to valuable “life” lessons.

Chances are that college-educated parents who are familiar with the complexity of college applications will nudge their child to ask for letters of recommendation early, participate in an extracurricular or volunteer activity, or make sure to stay on top of deadlines. Many low-income students do not have that kind of targeted support at home or in their schools. Mission: Admission’s weeklong play time cultivates in college-related cultural capital.

What can you tell us about the balance between competition and collaboration in terms of the ways high school students engage with your games?

TF: The games are really about competing with the system and not directly with each other. Of course, there is competition—sometimes fierce—to be accepted at the more selective colleges, or for scholarships, but we find there is a lot of collaboration between players as well.

Both Application Crunch and Mission: Admission have an “ask a question” feature which rewards both the person who asks the question and the person who answers it best. These questions tend to create an atmosphere of safe discussion around college topics, where students can share what they know, or what they’ve learned from playing.

Also, as I’ve already noted, students like to share their strategies for play. We see that those who’ve played before like to teach new players the ropes. This confidence in their own understanding of the process is a real win for us, and seeing them share this understanding with fellow students in a kind of peer mentoring is really exciting.

What aspects of the game do they seem to bring with them back to their real world educational experiences?

TF: The things we see them bringing to their second plays are vocabulary (FAFSA, letters of recommendation, etc.) and strategy (safety schools, time management, meeting deadlines, etc.). Also, they bring a heightened sense of efficacy back, as found by our research team.

The project is too early on to see how strongly this transfers to their real world application processes, but we would love to be able to follow our current test group to see how that plays out.

ZBC: Many times we meet with students who are invested in going to college but don’t know what questions to ask adults who could serve in an advisory capacity. The games often act as a catalyst for generating conversation among students and adults. While students are playing, they frequently ask questions with real-life applications to the teacher or advisor in the room.

You are now turning your attention to developing a game for middle school students. What different kinds of goals and expectations are informing this project? What do elementary school students need to know about college?

TF: The middle school game is a very different kind of game. First, it is not directly about college or the application process. Instead, it focuses on the “adventure” of middle school, a place filled with monsters created by fears and doubts. In this game, it is the development of your interests into passions and skills that give you the power to defeat those monsters and make your way through middle school.

As with the high school games, we worked with a “junior design team” of local middle school students to create the game. The designers spent a lot of time teasing out what kinds of understanding—or misunderstandings—the students had about college and careers. As it turned out, they had almost no idea about what college is, how you get there, and what it might have to do with your future career.

We didn’t want to make a game explaining all of that, but we did want kids to feel like the choices they make now, in middle school, will affect the opportunities they have as they move into high school, college and career. The best weapons they can have in their journey are their own passions and skills. So, we created a game where those passions and skills turn into powers that help them fight through the demons of middle school.

Along the way, they are scaffolded in other ways: making friends who have high ambitions, starting and participating in clubs about their interests, seeking out mentors and other “soft skills” that may help them along the way. In the end, it is really a game about exploring and keeping your options open.

What did you gain by developing these games in the context of a major research university as opposed to through a commercial game or ed-tech company?

TF: The partnership between the Game Innovation Lab and The Pullias Center for Higher Education is a critical part of how these games are being developed. The fact that we’ve had access to our target players from day one is invaluable, as is the insight into the concerns of teachers and counselors.

The research we’re doing to evaluate these games is something that would never have happened if we had developed them in a commercial setting. I also believe that the opportunity to develop the kind of deep systemic mapping between the real world “mechanics” of the application process and the game mechanics would not have happened in another setting.

These games are built to allow players to develop the kind of strategies they can transfer to the real world. A player who walks away thinking: “I really should take pre-algebra in middle school,” or “I should remember to turn in my FAFSA,” are taking away something real from playing these games.

ZBC: Besides working with students as an integral part of the design and playtesting process, we also work closely with teachers, counselors and practitioners to learn from them how to best implement the games and to gather and verify ideas for content.

As a researcher with the Pullias Center for Higher Education, Dr. Zoe Corwin has conducted research on college preparation programs and access to financial aid for underserved students, college pathways for foster youth, and the role of social media and games on postsecondary access and completion.  She is co-editor of Preparing for College: Nine elements of effective outreach with SUNY Press and in addition to academic articles, has published several monographs designed for practitioners outlining effective college preparation strategies.  Dr. Corwin is currently involved with the Collegeology Games project, collaborating with game designers to capitalize on game-based strategies and social media to engage students in college preparation, college application and financial aid processes.

Tracy Fullerton, M.F.A., is an experimental game designer, professor and director of the Game Innovation Lab at the USC School of Cinematic Arts where she holds the Electronic Arts Endowed Chair in Interactive Entertainment.  The USC Game Innovation Lab is a design research center that has produced several of the most influential projects to be released in the emerging field of independent games, including games like Cloud, flOw, Darfur is Dying, The Misadventures of P.B. Winterbottom, and The Night Journey -- a collaboration with media artist Bill Viola.  Tracy is also the author of “Game Design Workshop: A Playcentric Approach to Creating Innovative Games,” a design textbook in use at game programs worldwide.  Prior to entering academia, she was a professional game designer and entrepreneur making games for companies including Microsoft, Sony, MTV, among many others.

Can a Game Help Low-Income Youth Get into College?: An Interview with Colleagology Games (Part One)

Today, the Collegeology Games project, a collaboration of the USC Rossier School of Education's Pullias Center for Higher Education and the USC School of Cinematic Arts' Game Innovation Lab, launched Mission: Admission, a Facebook game designed to help underserved students, often the first in their families to aspire to college, navigate the complicated process of applying for college and financial aid. (Full Disclosure: I am proud to be on the advisory board for the Colleageology Games Project.)  The game's release comes as the application season opens for many American colleges and universities, including the University of Southern California.As described in the project's press release: "The game allows students to virtually experience the demands of the college application process and empowers them with the skills and knowledge they need to apply, get into and pay for college. Students guide their avatars through the process of meeting with college advisors, choosing the types of schools to apply to (including four-year, community and technical colleges), scheduling community service and sports activities, applying for scholarships and financial aid and requesting recommendation letters." The game is seen as a crisis intervention: cutbacks in budgets for education mean fewer and fewer high school students have access to college counselors -- the average ratio nation-wide stands at 459 students per conselor, and California's ration is 800 to 1. This shortage most dramatically effects low-income students who are more likely to be the first in their family to attend an institution of higher learning and thus lack the social capital in their immediate surroundings to help them make up for lack of help through their schools. By contrast, middle and upper-class parents are spending more and more money, helping their sons and daughters through SAT prep classes or getting special coaching to increase their chances of getting into the school of their choice.

Colleageology Games knows that games, in and of themselves, can not make up for these gross inequalities of access to information and mentorship, but the group does believe that spending time with the game can expose young players to core vocabulary and processes, help them think through issues of time management, and otherwise, get some of the foundations of the application process. They have found that those students who play the game more than once get a chance to improve on their performance and further rehearse these skills.

In honor of the game's launch, I asked Tracy Fullerton from USC's Game Innovation Lab and Zoe Corwin from the Pullias Center for Higher Education to talk about some of the research which went into this project.

Can you tell us something about the problems confronting low-income Americans as they think about preparing to apply for college? Have those issues grown better or worse in recent years? Why?

ZBC: Apart from an uneven playing field in the caliber of academic instruction afforded to students across schools, perhaps the most glaring problem in public high school education is access to high quality college guidance and support. The private college counseling industry – where parents pay top dollar for professionals to guide their children through the college application process – is a multi-million dollar industry. Students who can afford private college counseling services often attend schools with dedicated college counseling services and teachers who promote college readiness. Students from low-income communities are much more likely to attend schools with exorbitant guidance counselor ratios and limited college counseling resources.

This year, many of the low-income schools we work with in Los Angeles have had to cut college counseling positions due to budget cuts. As a consequence, low-income students with college aspirations are slipping through the cracks because they do not have anyone to assist them in filling out college and financial aid applications.

Bottom line: they don’t apply or they do apply but fail to fill out financial aid documents and housing applications and don’t enroll. College counselors serve as critical on-site champions for encouraging college aspirations and providing college-related support to students AND teacher advocates.

Why do you believe that games might provide an effect channel to help young people develop a deeper understand of the processes surrounding college application and financing?

TF: Games provide a safe space for exploring difficult to navigate systems – and the college application process is certainly a difficult to navigate system, especially the first time around, and given the importance of decisions made during this process it seems clear that giving students a way to gain experience with this system without having the weight of real world consequences on them can help them develop confidence and understanding of the strategies they’ll need to employ when they go through the process for real.

Tell us something about the process you use in developing these games. How have you sought feedback from the young people who will ultimately be most impacted by your project? What did you learn through this process about their understanding of college readiness? Do low income youth see college as a game they have any realistic chance of winning?

TF: In developing all of our games we reach out to players in our target group to help develop the game concepts and make sure they are addressing not only the needs of that group but also the sensibilities. For Application Crunch and Mission: Admission, this group consisted of high school students.

For both games, we created “junior design teams” – groups of about 15 students drawn from local high schools, who fit our target demographic. The students came to the Game Innovation Lab after school to learn about game design, and we learned about their hopes and concerns surrounding the college going process. We asked them to design games about the college application process and from those games, took away the kinds things that they want and need to understand about the process.

Some of the key things we learned from them is that they are concerned about time management – knowing where best to put their efforts in school. Also, they have fears about being able to afford college and a very limited understanding of their financial options.

Just making kids understand how important it is to fill out the FAFSA (Free Application for Federal Student Aid) is a key victory. It is one of the opportunities that is in both games, and we find that after playing once, the kids remind each other when they play again: “don’t forget to turn in your FAFSA!”

Your first game, Application Crunch, was a card game. Can you tell us something about the game’s mechanics and what it teaches its players?

TF: The first game was originally intended as a prototype for the digital game. We found that it played very well on its own, and that it served as an excellent intervention in places where computer access might be an issue. So, we developed the card game as a stand-alone product that is now available on Amazon and though our website.

The game is for 3-4 players who each take on the role of a college applicant. These roles are drawn randomly and range from the “Super Jock” to the “Misunderstood Artist.” Each character also has a family financial background that will affect their ability to pay for college.

The game centers on a set of deadlines that advance each round; these deadlines are for various colleges, scholarships and other opportunities. Players need to manage their time (in the form of actions) wisely to make sure their characters have “leveled up” in academics, extracurricular activities, and service to stand out when they apply to these deadlines.

The cards all have a kind of snarky tone to them that we picked up from the student design team. They know that this is serious information, but that doesn’t mean you can’t have fun with it.

One of the best features of this version of the game is the social play. Students tend to help each other with their strategies as they play, and even though there is a “winner” in the end, everyone who gets into school and can pay for it feels like they succeeded in the game. That kind of open discussion about how best to focus your time, to develop your character, it is a thinly veiled discussion about real world issues that the players are facing as they look to apply to college themselves.

You’ve found that students learn more when they play the game a second time. Why?

TF: If you think about your own experience in life, you probably look back and wish you’d done things a bit differently when you applied to college. Well, playing Application Crunch a second time is a lot like that. You take your learning from the first play through and apply it to the second.

In a sense, this is the entire point of developing a game like this: so that “playing” the admissions game the first time around in real life isn’t your first experience with it.

We find that the players come to their second game with confidence, a sense of what to expect in the deadlines they will face, the knowledge that things like FAFSA are out there, along with scholarships and other forms of financial aid. They know that they can set high aspirations for their characters—as long as they have safety schools. They understand the value of focusing deeply on one or two activities in school rather than spreading themselves thin, etc. In short, they feel a sense of ownership in their strategies about the application process. That knowledge and confidence raises their sense of efficacy around the real world process as well.

ZBC: When observing students play, I’ve been struck by their concentration when learning the rules the first time they play.  They tend to collaborate throughout the whole play session and remain engaged for the duration of game play.

The second time they play I’ve noticed a trend. Usually they haven’t seen the game for a few weeks and when they enter the room, they voice enthusiasm about getting to play again. Then they start with upbeat banter: “I’m going to get into a Liberal Arts college this time!” Almost immediately they deal the cards and set up the game table.

Second time play is faster, more animated and a bit more competitive. After playing, students can articulate how their strategy changed from the first time and what they plan to do differently the next time they play.

As a researcher with the Pullias Center for Higher Education, Dr. Zoe Corwin has conducted research on college preparation programs and access to financial aid for underserved students, college pathways for foster youth, and the role of social media and games on postsecondary access and completion.  She is co-editor of Preparing for College: Nine elements of effective outreach with SUNY Press and in addition to academic articles, has published several monographs designed for practitioners outlining effective college preparation strategies.  Dr. Corwin is currently involved with the Collegeology Games project, collaborating with game designers to capitalize on game-based strategies and social media to engage students in college preparation, college application and financial aid processes.

Tracy Fullerton, M.F.A., is an experimental game designer, professor and director of the Game Innovation Lab at the USC School of Cinematic Arts where she holds the Electronic Arts Endowed Chair in Interactive Entertainment.  The USC Game Innovation Lab is a design research center that has produced several of the most influential projects to be released in the emerging field of independent games, including games like Cloud, flOw, Darfur is Dying, The Misadventures of P.B. Winterbottom, and The Night Journey -- a collaboration with media artist Bill Viola.  Tracy is also the author of “Game Design Workshop: A Playcentric Approach to Creating Innovative Games,” a design textbook in use at game programs worldwide.  Prior to entering academia, she was a professional game designer and entrepreneur making games for companies including Microsoft, Sony, MTV, among many others.

Derrais Carter and Nicholas Yanes Talk About "Iconic Obama" (Part Two)

Today, we continue our exploration of "Iconic Obama" and the current president's unique relationship to popular culture. Inspired by this interview, I thought I would share a few more recent representations of Obama and the political process which have recently crossed my desk.The first represents an effective pastiche of a number from the successful Broadway musical, Les Miserables, to convey the participant's perceptions of the stakes in the current election. (It was shared with me by Virginia Nightingale from New South Wales).

http://www.youtube.com/watch?v=0WHw32bv9BQ The second, just released today by the Obama campaign, features Girls creator Lena Dunham and is specifically targeted at getting young women to vote (ideally for their candidate).

http://www.youtube.com/watch?feature=player_embedded&v=o6G3nwhPuR4

And the third is a really witty critique of the "town hall" debate created by Ze Frank, himself an icon of the video blog world.

http://www.youtube.com/watch?v=MKRz6640B04

Now, back to the regularly scheduled interview.

The 2012 campaign has been much more centered around traditional news coverage and political advertising than on references in popular culture or imaginative use of new media platforms. What factors do you think have contributed to this much more conservative approach to selling Obama during this election cycle?

            Yanes:  I think one reason why this news cycle is centered around traditional news coverage is that both President Obama and Gov. Romney have executive records.  In 2008, both presidential-nominees Obama and McCain were Senators with legislative records, but no real political leadership roles for media outlets to form a narrative about their leadership qualities.

For the 2012 Election, however, President Obama has over three years in the White House and presidential-nominee Romney not only has governing in his background, he also has his time with Bain Capital.  To me, this means that news outlets have actual leadership histories on both men that they can draw from to craft narratives about the current state of politics.

More importantly, I think a main reason why this campaign has been so anchored to traditional news coverage is that neither candidate is particularly interesting.  The excitement surrounding President Obama because of his “newness” has largely faded.  And when compared to the headline grabbing individuals that ran for the Republican presidential nomination, Romney not only seems like the one with the best chance of winning, he came off as rather unexciting.  In other words, neither Obama nor Romney in 2012 made for the compelling pop culture fodder that was generated in the 2008 election.

As your contributors note, Obama proved to be a particularly popular figure in contemporary comic books. Why do you think Obama was so persistently incorporated into comics and what impact, if any, did these comics play in helping to define our understanding of Obama?

Yanes:  I observed this about Obama when he was a presidential nominee.  When I asked comic book creator, Larry Hama, about this, he stated “It’s probably about who the majority of current comics creators are.  Rich old conservative white males don’t generally want to make comic books.  I’m not any of those things, except old—but I guess I still think of myself in my head as a kid....At the time of his election, Obama was generating the kind of excitement I had only ever witnessed before in regards to JFK.” (The Iconic Obama, 128 - 129)

Additionally, I also felt that he had three other characteristics that made it easy to insert him into a comic book. One, he was in shape.  Comic books typically feature heroic men with a low body fat percentage, and President Obama easily fits into narratives filled with action heroes.

Two, Obama is also a geek.  It was known that he collected Spider-Man and Conan the Barbarian comic books as a child, and given his love technology, he’d probably have been an avid gamer if he was raised in the 90s.  So it makes sense that fellow geeks (or nerds depending on which term you prefer) who create comic books, would think its cool to include him in their narratives.

Third, given that longtime comic book fans still feel as though they have been largely marginalized by what they consider to be “the mainstream” (i.e., anyone who doesn’t read comic books), having a popular political figure who was a fan of comic books was simply too good of an opportunity to make money for comic book publishers to pass up.  So while President Obama himself may have enjoyed reading some of these comics, and many comic book fans did enjoy seeing a candidate they supported in their favorite medium, the reality that publishers made a lot of money by simply including Obama in their books as a marketing stunt can’t be forgotten.  (Robert G Weiner and Shelley E. Barba Obama specifically engage in an aspect of this topic in their essay “Spider-Man: A Meta-Data Media Analysis of an Unlikely Pairing” which is also in this book collection.)

It might be interesting to think about two highly iconic representations of Obama: on the one hand, the Shepard Fairey Hope poster, and on the other, the Joker/Obama iconography associated with the Tea Party. What do these two examples tell us about the opportunities and risks that arise when a candidate or their agenda gets translated into popular iconography?

Yanes: The one thing I find interesting about the Joker-Obama image is that it wasn’t created out of malice.  The origin narrative that I have always known about this image was that college student named, Firas Alkhateeb, created this image to try out a technique he learned in a class and...out of boredom.  Alkhateeb then posted this image onto Flickr which was then downloaded and had the word “Socialism” added to it.  From then, its popularity skyrocketed in conservative circles.  (The National did an excellent article on the subject that can be found here.)

Overall, these images still highlight the power pictures can have when communicating political messages.  Both Fairey’s and Alkhateeb’s pictures are fairly simplistic.  They both contain about four colors and feature one word at the bottom.  And it’s because of their simplicity that they are so effective.

Reductionist imagery allows creators to communicate a message that is so effective because in the end, it is the audience that projects their meaning onto the image.  The Joker/Obama & the Fairey “Hope” image allows those who support or are against Obama to project their convoluted and simplistic definitions of “Socialism” and “Hope” onto the candidate.

The involvement of pop culture figures, such asWill.i.am or for that matter, the "Obama Girl" were closely linked to Obama's success in motivating young voters to participate in the political process for the first time. What links do you and your contributors draw between the two?

            Yanes: I think one reason why pop culture figures drew the attention of young voters to Obama is because they understood how young people interact with new media.  In my opinion, the main difference in behavior between those who rely on traditional media and those who rely on new media is that new media is constantly being thrown at consumers and is always available to be observed.

http://www.youtube.com/watch?v=wKsoXHYICqU

For example, if the “Obama Girl” video were to have been played on MTV at first, it would have never generated the attention it received.  That would have required people to sit still long enough to watch MTV and then waiting for the video to show.  Instead, people were able to see their friends post the video on their facebook page, and after seeing more and more friends discuss the video, they were then able to click on a link and watch the video for themselves.  Regardless of what time it was or where they were at, new media allowed these pro-Obama ads to be available to consumers.  This availability is something standard television networks can’t replicate yet.

http://www.youtube.com/watch?v=1yq0tMYPDJQ

Additionally, I believe “Obama Girl” and Will.I.Am’s efforts also came off as divorced from explicitly trying to generate money for a private company.  Though “ObamaGirl” clearly generated money for YouTube, and several other companies and people profited from taking advantage of Obama’s popularity, buying these products or watching these videos never seemed like a regular economic transaction.  Instead, buying these products felt like one was trying to build a political movement.  And I should note that I feel that this is true regardless of if someone was buying pro or anti-Obama material.

How might a focus on the study of popular iconography help us to understand the differences in the ways that the dominant media have framed Obama and Romney as candidates in this current election cycle? Why, for example, did the Clint Eastwood strategy fail, while Obama still seems to gain some aura from his ties to hip hop performers?

http://www.youtube.com/watch?v=yoqKdWY692k

Carter: Popular iconography is excellent for unpacking the narratives that govern society and inform our political alignments. For this reason, it is hard to say if the Eastwood strategy failed. His Hollywood western, gun-brandishing, type of masculinity (see the background during his speech entrance) clearly represents America through the rose-colored lens of anti-intellectual and oddly nativist nostalgia. His exchange with a fictional Obama also imagines the POTUS as an angry black man. During his interrogation of the invisible Obama, Eastwood implies that Obama wants his to “Shut Up.” Eastwood also remarks “I can’t tell [Romney] to do that. He can’t do that to himself. You’re crazy.” His intimation that Obama wants Romney to “go f**k himself” is highly uncharacteristic of Obama or any president in recent memory for that matter. Eastwood, though is not invested in this reality. Instead relies on dated xenophobic tropes and a good-old-boy rhetoric to align the masses. If we are to say that Eastwood “failed” it is for these reasons. His so-called verbal joust with the POTUS says more about the a sense of entitlement associated with the Republican Party than it does about American social and political progress.

Whereas Eastwood fits within a narrative rooted in the grand old past, when racial and gender exclusion was the order of the day. Obama, conversely, relies on the narratives of progress and prosperity that characterize the youthful zest of his first campaign. One of our contributors, Travis Gosa, notes this in his essay “The Audacity of Dope: Rap Music, Race, and the Obama Presidency.” In many ways, Obama’s campaign plays on the idea that youth, technology, and post-racial narratives are the driving forces of contemporary American progress.This is part why we like to see Jay-Z and Beyonce host a fundraiser for Obama. They are two of the most talented performers of this generation (Jay-Z is linked to the past two generations). Additionally, their business savvy has made them international superstars. That they also make time to be politically involved with the Obama campaign suggests that Obama is worth their time and ours. These narratives  associated with Obama promise a better tomorrow and encourage political engagement facility this change. The reality, though, is that there are no guarantees.

As the closing contributions suggest, the American president exerts an influence on a global scale. How has Obama's image been taken up outside of the American media sphere?

Yanes:  We were lucky to include three excellent pieces on Obama’s global popularity - Yuya Kiuchi’s essay “Obama for Obama: Barack Obama in Japanese Popular Culture,” Zafer Parlak’s and Tanfer Emin Tunc’s essay “Obama-Mania in Turkey: Popular Culture and the Forty-Fourth President of the United States in a Secular Muslim Nation,” and an interview with French journalist Sébastian Compagnon on France’s news media coverage of the 2008 election.

One of the things I learned from working on with these individuals was just how much other countries are invested in US policies and popular entertainment.  American media like movies, television shows, and music is often hugely popular in other countries.  So given the impact Obama had on US popular culture, it is unsurprising to me that popular entertainment of other nations’ media would become fixated on the multitude of interpretations that could be drawn from the President’s popularity.  What did surprise me were the number of examples I came across in which people used Obama’s election as a means to comment on what they saw as political problems in their own countries.

Though a significant portion of President Obama’s popularity was simply because he was not President George W. Bush, he represented, for lack of a better word, a ‘new-ness’ to American politics.  How much of this ‘new-ness’ was based on Obama’s actual policies and how much of it was based on what people across the globe projected on to him is unknown, but what is significant is that Obama did come off as a global citizen.

An essay for the collection that I co-wrote with Etse Sikanku (who is from Dzita, a village in the Volta region of Ghana), “The Modern E Pluribus Unum Man: How Obama Constructed His American Identity from His Global Background,” discusses how Obama’s international experiences growing up shaped him.  I bring this up because one significant reason why I believe people from across the globe wanted Obama to become the US President was because he came off as more than just an American who was only concerned about the American people, but as a person that could emotionally and intellectually understand how interconnected the world is in the 21st century.

For those interested in buying a copy of The Iconic Obama, they can purchase it from Amazon here or directly from the publisher here.

 Bios:

Derrais Carter is an American Studies doctoral candidate at the University of Iowa. His dissertation examines representations of the New Negro in Washington, D.C. His research interests include gender studies, performance studies, and black popular culture.

Nicholas Yanes is currently an American Studies PhD candidate (ABD) and Dean’s Graduate Research Fellow at the University of Iowa.  His professional and academic interests are Early US History, Contemporary Popular Culture, and the Industries of Popular Entertainment - specifically, comic books, movies & video games.  He freelance writes for Scifipulse.net, and the Casual Gaming Association’s gaming magazine, Casual Connect, and its industry resource, GameSauce.  He is the co-editor of and contributed to his first book project, The Iconic Obama.  His dissertation will analyze the corporate evolution of EC Comics & MAD Magazine, and he is set to defend it in March 2013.

If this interview has sparked your interest in the relationship between politics and popular culture, let me direct your attention to this panel at the upcoming Futures of Entertainment conference.

4:15 p.m.-6:15 p.m.: From Participatory Culture to Political Participation

Around the world, activists, educators, and nonprofit organizations are discovering new power through their capacity to appropriate, remix, and recirculate elements of popular culture. In some cases, these groups are forging formal partnerships with media producers. In other cases, they are deploying what some have called “cultural acupuncture,” making unauthorized extensions which tap into the public’s interest in entertainment properties to direct their attention  to other social problems. Some of these transmedia campaigns — Occupy, for example — are criticized for not having a unified message, yet it is their capacity to take many forms and to connect together diverse communities which have made these efforts so effective at provoking conversation and inspiring participation. And, as content spreads across cultural borders, these activists and producers are confronting new kinds of critiques —such as the heated debates surrounding the rapid spread of the KONY 2012 video. Are new means of creating and circulating content empowering citizens, creating new forms of engagement, or do they trivialize the political process, resulting in so-called “slactivism”? What are these producers and circulators learning from media companies and marketers, and vice versa? What new kinds of organizations and networks are deploying this tactics to gain the attention of young consumer-citizens? And, for all of us, what do we need to consider as we receive, engage with, and consider sharing content created by these individuals and groups?

Panelists:

Sasha Costanza-Chock, Assistant Professor of Civic Media, MIT

Dorian Electra, performing artist (“I’m in Love with Friedrich Hayek”; “Roll with the Flow”)

Lauren Bird, Creative Media Coordinator, Harry Potter Alliance

Aman Ali, co-creator, 30 Mosques in 30 Days

Bassam Tariq, co-creator, 30 Mosques in 30 Days

Moderator: Sangita Shresthova, Research Director of CivicPaths, University of Southern California

For more information, visit the Futures of Entertainment website.

Derrais Carter and Nicholas Yanes Talk About "Iconic Obama"

The U.S. Presidential Election is now less than two weeks away and counting. All of the major media events that pundits pay attention to -- from the conventions through the debates -- have already taken place. Ad buys have reached record numbers, thanks to the contributions of a few wealthy Americans. The producers of memes are working overtime to try to keep up with "Mansplaining Ryan," "Binders of Women," "Bayonets and Horses," and "Romneysia" related Tumblr sites. And the race is still so close that few feel safe predicting the outcomes, with the oh so precise polling data spreading "all over the map." So what's left to say? I recently was sent a new book, The Iconic Obama, 2007-2009, which invites us to consider our first impressions of this remarkable candidate, as he made his way from First Time Senator through to becoming the first black president of the United States. From the start, he was closely linked to developments in popular culture and someone whose campaign was aggressively testing the waters in terms of the innovative use of new and emerging technologies. It's sometimes hard to recall how exciting that Obama campaign has been compared to the largely negative, largely joyless, and largely top-down model which the Obama campaign has adopted this time around. The book explores both how Obama drew on popular culture and new media to frame his campaign and the ways that popular media responded to the energy which surrounded Obama in 2008, especially as it relates to constructions of race in contemporary America.

So, I contacted the two editors of Iconic Obama -- Derrais Carter and Nicholas Yanes -- to reflect a bit on how the Obama legend was created and how it is being deployed/managed/shelved throughout the current campaign. Along the way, I am sharing some emblematic examples of Obama-related media, which may help inform our discussion. For example, we might compare the "snarky" tone of this 2012 campaign ad attacking Romney with the even more sarcastic advertisement which the McCain campaign released in 2008 attacking Obama:

http://www.youtube.com/watch?v=mopkn0lPzM8

Or perhaps we might discuss what's being said about Obama and his constituencies through these two GOP spots, the first released in 2010, the second part of the current campaign:

http://www.youtube.com/watch?feature=player_embedded&v=SWV5-1LXvwg

http://www.youtube.com/watch?feature=player_embedded&v=zoekOZTuTvU

Your book is called "The Iconic Obama." How are you defining Iconic? Aren't all presidents iconic? It's hard to be more iconic than having your face carved on the side of a mountain or printed on a postage stamp. What makes Obama a particularly or distinctively iconic figure in our culture?

Derrais Carter: Yes. Presidents are iconic in that they represent the United States of America. This is evidence in monuments, postage stamps, libraries, etc. What captured us the most about Obama was the proliferation of representations stretching across mediums and communities throughout the globe.

For me, race was a contributing factor in defining Obama’s iconic status. Foregoing a rehearsal of debates about dominant representations of black people in American media, I will say that we should take seriously what it means to attach and/or detach race from our readings of the American presidency. In the context of the U.S. popular culture, we have seen this in the New Yorker cartoon of Barack and Michelle Obama adorned in “terrorist” garb. Similarly, the infamous “beer summit” following the arrest of Harvard University Professor Henry Louis Gates challenges the way that we think about race and the American presidency by situating us between discourses of race and political leadership.

Nicholas Yanes: While many presidents may have been popular enough to be voted into office, I wouldn’t state that every US president galvanized the public’s imagination in a manner that Obama has.  After all, not every president appears on Mount Rushmore or on US currency.  Yes, Obama and recent presidents did have electronic mass media to broadcast their faces and campaign logos across the country, something that presidents like Taylor, Fillmore, and Pierce didn’t have access to, but there seems to be timelessness quality already forming around Obama’s legacy.  While several of his policies build upon many of Bush’s policies, there is a desire by both his opponents and supporters to frame President Obama as though he has set the United States on a course completely counter to what has been done before.

In addition to being the nation’s first African American President, he also inspired a base in a manner few presidents have done before hand.  While many of his supporters may not be as enthusiastic in the 2012 election as they were in 2008, there is still a large swath of the population that not only supports his policies, but support a presidency that they passionately project on to him.

In many ways, one of the key things that defines Obama as uniquely “Iconic” is not just that he is fairly popular, but that he has created a brand about himself that allows people to see what they want in his work.  It’s a stroke of genius that allowed him to build the campaign juggernaut in 2008 that got him into the White House.

As some of your contributors note, there has been a long history of portrayals in both comedy and drama of what the first black president might look like. How have these popular representations helped to frame our understanding of Obama? To what degree has he had to struggle with popular representations of blackness?

Yanes:  I think the primary representation of blackness that Obama has had to struggle with is not that of portrayals of black presidents, but that of “The Angry Black Man.”  Still present in much of popular media, I’ve always felt that one reason why Obama’s opposition was so dedicated to ridiculing him, even going so far as for one person to call him a liar while he was giving a State of the Union Address, was because many knew that Obama showing anger in public would come back to haunt him.  With movies, television shows and other media frequently depicting black men as unreasonably and physically threatening, and this stereotype clearly cemented into popular imagination, I feel that Obama has been kept from passionately defending his record for fear that he would be seen as “too aggressive.”

In regards to the specific nature of your question, I’d like to turn to Dr. Justin S. Vaughn’s contribution to this collection, “Character-in Chief: Barack Obama and His Pop Culture Predecessors.”  In this essay, Vaughn writes, “Upon consideration of the actual substance of the few portrayals of black presidents in American film and television history, it becomes quite evident that the journalistic trope about how the David Palmers and Tom Becks of Hollywood paved the way for America’s first African American president are not only poorly supported; they are flawed and false.”  Vaughn goes on to conclude by writing “Indeed, a far more plausible statement to make is that Barack Obama became the nation’s forty-fourth president not because of Dennis Haysbert’s portrayal of his fictional predecessor, not to mention those by Chris Rock and Deebo (Tommy Lister), but rather in spite of it. Stated otherwise, the 2008 election was less an example of life imitating art than of it defying the expectations of popular entertainment.” (The Iconic Obama, pg. 60)

Overall, while it is understandably desirable to find evidence of popular culture setting the groundwork for President Obama’s election, there is just little evidence to support that fictional black presidents did much to accomplish this goal.

I would argue that the campaign spot which Samuel R. Jackson recently released in support of Obama might represent one of the most compelling spot to emerge so far from the 2012 campaign. How does this spot play with the "post-racial" framing of Obama in the 2008 election? What aspects of popular culture and blackness does Jackson bring to Obama's Iconic status?

http://www.youtube.com/watch?v=og35U0d6WKY

Yanes:  One thing that I have felt is missing from most discussions of the “Wake the F&*K Up” ad is that was created by the Jewish Council for Education and Research.  This is the same organization that produced the pro-Obama video, “The Great Schlep” featuring Sarah Silverman for the 2008 election; yet the “Wake the F&*K Up” ad is devoid of any specific references to issues specific to the Jewish-American community, and has no explicit references to any religious issues or imagery.  I bring this up because I believe that any discussion of a popular campaign ad should acknowledge those behind its creation.

http://www.youtube.com/watch?v=AgHHX9R4Qtk

As to Samuel L. Jackson and the issue of blackness, it’s important to note that since his role in Pulp Fiction, Jackson has crafted a persona of being a tough, direct, no nonsense man that always has an aura of authority.  While these characteristics are clearly in line with the black male protagonists of blaxploitation films, Jackson has not only made these elements his own, he has made them acceptable to mainstream American audiences.

With that said, “How does this spot play with the ‘post-racial’ framing of Obama in the 2008 election?”  I don’t know.  I feel that the notion of the United States being ‘post-racial’ overlooks clear disparities between peoples of different ethnic backgrounds and is often deployed as a means to argue that issues of race and racial prejudices are no longer relevant.  Though I’m light skinned, I am an Hispanic American and I don’t see evidence that the nation has truly moved past issues surrounding race.

As for the ads relationship to popular culture, it does seem more reminiscent of the popular entertainment materials produced in 2008.  Overall, I feel that one of this ad’s main goals is to inspire not just the support President Obama had in 2008, but the fandom his campaign created.

Carter: The ad sadly reinforces the idea that a post-racial America literally resides in a white suburban household and a quick examination of cultural texts referenced in the ads suggest as much. I find Jackson’s role particularly intriguing.

When Adam Mansbach’s book Go the F**k to Sleep came out last year, it became an instant hit. The book’s reputation picked up when Jackson recorded an humorous audio version of it. Nick is right to link Jackson’s success to the “no nonsense” demeanor, but I find it remarkably odd that during the presidential election, there’s an ad that features a black man “magically” appearing in a suburban white home and scaring three generations to get out and vote. The widespread post-racial lore leftover from the 2008 campaign is certainly the driving force.

http://www.youtube.com/watch?v=wCL3OtOzYuQ

Also, I get that the message to “Wake the F*ck Up!” is provocative and funny especially coming from Samuel L. Jackson and a child actor, but this isn’t the first time Jackson has told us to “wake up.” Does anybody remember Spike Lee’s film Do the Right Thing (1989)? In it, Jackson plays a radio dj who tells us to “wake up” . Though  This gesture is a recurring practice in Lee’s films.We also see in School Daze (1988).

http://www.youtube.com/watch?v=Lg8Oq_Sd3Bw

Lee wants his audience to awaken from the racial slumber that has so greatly affected the nation and communities of color in particular. The ad is intended to wake voters up and propel them to the polls. This can’t be done if there’s too much “race talk.” Even after 4 years of critical commentary on race during the Obama administration, there’s still a need to reach back to 2008 galvanize the same supporters with the same strategies. It’s definitely a step back.

Bios

Derrais Carter is an American Studies doctoral candidate at the University of Iowa. His dissertation examines representations of the New Negro in Washington, D.C. His research interests include gender studies, performance studies, and black popular culture.

Nicholas Yanes is currently an American Studies PhD candidate (ABD) and Dean’s Graduate Research Fellow at the University of Iowa.  His professional and academic interests are Early US History, Contemporary Popular Culture, and the Industries of Popular Entertainment - specifically, comic books, movies & video games.  He freelance writes for Scifipulse.net, and the Casual Gaming Association’s gaming magazine, Casual Connect, and its industry resource, GameSauce.  He is the co-editor of and contributed to his first book project, The Iconic Obama.  His dissertation will analyze the corporate evolution of EC Comics & MAD Magazine, and he is set to defend it in March 2013.

Concerning Intellectual Property: A Conversation Between Pat Aufderheide and Ellen Seiter (Part Five)

The current situation of fan fiction represents an interesting point for thinking about how change may be occurring. The fan community has deployed the concept of “transformative works” to justify their practice through advocacy groups such as the Organization for Transformative Works, where-as the industry seems internally to have decided that they cause more damage to their consumer relations by aggressively shutting down fan fiction so the number of cease-and-desists have slowed down. What do you see as the risks and benefits of these two ways of dealing with the conflicts we are discussing?

Pat: I love the Organization for Transformative Works. These people are heroes/heroines, and they are among the folks who have gone to the Copyright Tribunal to demand (and win!) DMCA exemptions. They made it possible for all makers of noncommercial videos for any reason to break encryption for fair use without penalty. They showcase great work, explore important issues in a scholarly way, and pave the way for others.

Whew.

OK, where were we? So they are great examples and exemplars in the fan community. The industry response to me also seems very healthy, and an appropriate recognition of the simple fact that fair use exists (and works for the industry, hello Viacom and Colbert Report).

I think asserting rights is good, and recognizing rights is good.

Ellen: The problem with fan production on the internet is that they have encouraged everyone to offer up lots of free labor-- whether it’s fan fiction, or Facebook reporting on the last music video you liked, YouTube fan vids or new worlds (just heard about an entire one recreating Game of Thrones) on MindCraft. It’s all very fun and creative, but I am more worried about getting paying work for the next generation, and I don’t see that happening without speaking up for unions and guilds. And authors still need to be able to get a decent payment for published works. In the long term, I think we have to look at how even fan fiction is free publicity, and even if it’s a labor of love, we still want to consider the possibility of getting paid for fan work.

Certainly things are very much in flux on how the big studios and publishers handle these relationships to get the most out of fan word-of-mouth without alienating fans for shutting them down.

Many feel that the category of the “public domain” has been endangered as the terms covered by Copyright have expanded dramatically, yet as a consequence of this expansion, we are dealing with more and more “orphan works,” where there is no one any longer asserting ownership over these materials, yet artists and the public are not legally protected if they wish to reproduce, recirculate, or remix them? See for example some of the issues which Nina Paley has encountered in her use of classic jazz recordings in her film, Sita Sings the Blues. The archive plays an ever more central role in contemporary culture, which critic Simon Reynolds has argued, is entering a moment of “retromania.” What mechanisms might best allow us to address the contradictions between current legal efforts to extend copyright and current cultural trends which encourage artists and audiences alike to build on past works?

http://www.youtube.com/watch?v=2zcTgyGpens

Pat: You’re right that archives are central to new creation, always have been, and will increasingly be important to people who never thought about them before, because of the growing capacity for DIY media creation. There’s the orphan works problem; there’s the “greedy generation” problem (private archives run by the descendants of the creators, requiring clearance and even approval of the final product for access); there’s the pricing problem (some archives and media holders don’t have prices acceptable to smaller-scale productions and certainly don’t have any way to deal with noncommercial work; people who want to pay, but can’t pay a lot, often find nobody will get back to them, even to refuse); and there’s the problem of just trying to find out where stuff is and who owns or controls it. And then of course there’s the fact that many social-media materials and digital-only works such as music that only appears on iTunes are disappearing without being archived anywhere.

Of these problems, orphan works was probably the most tractable. Win-win legislation was proposed and had a life before contention among the stakeholders (including photographers who became intransigent for fear someone would make an unlicensed use of a photograph for any purpose) made the deal fall apart. That’s a benchmark. If you can’t fix orphan works in Congress, you probably can’t get any more ambitious than that with that remedy, at this point in time.

Rick Prelinger showed us all a beautiful model in his Prelinger Archive, which is housed within the Internet Archive. He took his entire collection of audio-visual materials, a substantial portion of which is public domain but which he makes available easily, which had been his living for decades, and digitized it all at lower resolution. It’s all available for any noncommercial use you may make of it. (Film students use it every semester.) He sold the actual collection to Getty, which will sell you the material you want to use at market rates and at a high resolution (they return a portion of proceeds to Rick). Rick’s deal is generating more money for him than the previous form of his business did, and now customers do their own shopping and selection of materials without his help.

That’s an example of how you can be a good actor in archival space, while also monetizing your assets. It also depends on the (sometimes quixotic) kindness of strangers, since ‘90s dot-com rich guy and Internet philanthropist Brewster Kahle hosts the material online.

Other archives are struggling to find out how to accommodate the emergent environment’s opportunities without losing their current advantages, and they have not yet come up with something.

So users need to think about what they can do themselves, with material that may not be being offered conveniently to them. If they have independent access to the materials (say, a DVD of a movie or a download of a song), then they can explore fair use. You can see why fair use rises to the top of my list, given the paucity of options. If their uses would not be fair, or if there’s no independent access, they don’t have great remedies at the moment.

While I could imagine a lot of better ways to do things, they all have a “if pigs had wings they would fly” character, in this environment.

For the most part, you have both focused on the nature of intellectual property within the U.S. context, yet America has increasingly imposed its copyright regimes on the rest of the world, whether or not the core premises of those laws are consistent with their own cultural traditions or needs. What do you see as the transnational implications of the struggles we have been describing?

Ellen: I think the most worrying development on the horizon is the Trans-Pacific Partnership, a trade agreement that is supposed to reflect American priorities, i.e. copyright holders. The TPP is being developed with great secrecy, and it has not attracted the notice it should because the name sounds like it is about container shipments when in fact it is a radical change to copyright in signatory countries. The results as it is currently outlined would block access to open materials, permit “digital locks” on content like songs and TV shows, and put all kinds of restrictions to open access in place. It is more dangerous than SOPA and PIPA because it is being written by stakeholders, handled like an international trade agreement, and only large stakeholders are in on the drafting and revision process. See this recent post in Slate

Pat: I think that the international environment is very complex, and as Ellen points out the U.S. federal government has tied international trade issues to copyright policy and its enforcement in a way that has privileged monopoly rights holders against users’ interests, European interests have also been important in unbalancing copyright further.

“Harmonization,” as it’s called--getting more conformity across national copyright regimes--has so far been pretty much a story of expanding monopoly rights. It’s possible to imagine harmonization on the exceptions/limitations side. Certainly that’s what many activists called for around the ACTA (Anti-Counterfeiting Trade Agreement) treaty, which is about counterfeiting (including digital “piracy”). Large media interests had insisted on sweeping IP issues into a treaty that was supposed to be about hard goods, pushing for ever greater imbalance. The activists were very nearly excluded, but their protests contributed ultimately to rejection of ACTA. The rejection demonstrated, one hopes, some interest in Europe in the value of its exceptions and limitations.

At the same time, you see great interest internationally in changing copyright policy to expand user access to copyrighted material with clauses that look and sound a lot like fair use. In 2008, Israel actually imported US fair use lock, stock and barrel. The Australians introduced “flexible dealing,” which in some situations can be used in ways somewhat like fair use. In early July, 2012, the Canadian Supreme Court ruled on clutch of copyright cases, setting precedents that make Canadian fair dealing--a version of exemptions in which kinds of uses are itemized more precisely--look much more like U.S. fair use. David Cameron in the UK has suggested that the UK should import fair use, since it is so conducive to innovation and the UK economy needs innovation.

Meanwhile, all copyright regimes do have some exceptions and limitations on monopoly rights. Often, they have gone unchallenged and undefined. For instance, “right of quotation” is a rather vague and widely included exception, rarely litigated.

A highly significant feature of the international landscape, in practice, is that outside the US, copyright penalties do not include statutory damages. This is very important, because it damps down litigation. There is little to be gained by taking a copyright dispute through the courts, if the outcome is getting the user to pay the license fee--which would only be a tiny portion of the costs of litigation. In fact, copyright litigation in Europe is very sparse. So that makes it much easier for Europeans to use their exceptions and limitations, because the risk, in practice, is lower.

At the same time, it’s frustrating in Europe for creators, because they hope to cross national borders with their work, and each country has different copyright policy. No one has ever done a survey of where there is overlap in exceptions and limitations; that would be an extremely valuable service.

Since the U.S. is the largest market currently for creative works, many makers of work that is pitched internationally conform to U.S. copyright policy. This certainly is common among documentary filmmakers. In general, it seems to work pretty well

Editor's Note: I hope you have enjoyed this conversation between two extraordinary media scholars discussing the current state of intellectual property law. If you would like to see further discussion around this topic, let me put in a plug here for the upcoming Futures of Entertainment conference, to be held at MIT, on November 8-10. I will be participating there in a conversation about IP issues with Jonathon Taplin, the director of the Annenberg Innovation Lab, and with composer/musician T Bone Burnett. You can learn more and registered for the event here.

Pat Aufderheide is the Co-Director of the Center for Social Media and University Professor in the School of Communication at American University in Washington, D.C. She is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007), The Daily Planet (University of Minnesota Press, 2000), and of Communications Policy in the Public Interest (Guilford Press, 1999). She heads the Fair Use and Free Speech research project at the Center, in conjunction with Prof. Peter Jaszi in American University's Washington College of Law.

Ellen Seiter holds the Nenno Endowed Chair in Television Studies at the USC School of Cinematic Arts where she teaches courses on television and new media history, theory and criticism in the Critical Studies Division. She is the author of The Internet Playground: Children's Access, Entertainment and Mis-Education (Peter Lang, 2005), Television and New Media Audiences (Oxford, 1999), Sold Separately: Children and Parents in Consumer Culture (Rutgers, 1993) and Remote Control; Television, Audiences and Cultural Power (Routledge, 1989). Her latest book, The Creative Artist's Legal Guide:Copyright, Trademark and Contracts in Film and Digital Media Production was published in 2012 by Yale University Press.

Concerning Intellectual Property: A Conversation with Pat Aufderheide and Ellen Seiter (Part Four)

In some ways, independent media-makers seem caught in the middle of this struggle, seeking ways to protect their own creative products, but also often at the mercy of bigger corporate interests. What do we gain by looking at the issues from their perspective?

Ellen: It is crucial to preserve the civic participation element of digital media, the social consciousness of so many independent media makers, and the necessity of keeping content free to use by teachers. This is why Pat and Peter’s “Best Practices book is so incredibly helpful” as well as the whole Reclaiming Fair Use book (which includes an amazing set of best practices materials at the end.)

Pat: I think the interests of people like journalists and documentary filmmakers look a lot like the interests of many noncommercial creators. Many noncommercial creators are actually invested in some control over their work. One of the things you can learn from the professional communities that have created codes of best practices is that balance is possible; it’s possible to have some control, and also for other people to use your work without your permission. Context is everything.

One thing that’s interesting to watch in this process is the role of attribution or credit. It seems that no matter where you go--and my colleague Peter Jaszi has been to the backest of the beyond in Indonesia to look at folk art practices--people really want attribution. They may or may not care about payment. But recognition is huge. Look at the concern that kids on the Scratch remixing site have. The computer automatically credits their work when another child uses it, but that’s not enough for many of the kids; they want the new creator to recognize them and even say why their work was useful in the new work. (I’m cribbing on this last one from the work of Andres Monroy-Hernandez, btw.)

Even though attribution is so important to people--it often wards off copyright claims--it’s not required or even mentioned under fair use in the law. It happens to sway judges, but not because it’s in the law but because it shows good faith so they have a reason to think of you as well intentioned.

So again, practice matters. I think in our emergent DIY universe, attribution will be extremely important.

Many of these issues came to a head earlier this year around SOPA. What is your analysis of the debate around this law? What do you see as the fallout from what happened when citizens weighed in more heavily in response to this proposed legislation?

Pat: The SOPA/PIPA debate suffered from some of the Copyright Wars problems. Many creators were enlisted by large media companies, which informed them that piracy was going to take the bread out of their children’s mouths. Many Wikimedians and Wikipedia users saw the struggle--and let others construe it as such--as being about why information wants to be free. Meanwhile, the threats to the very communication infrastructure, as Google folk were painfully aware, were very real. The largest Internet companies and think tanks/NGOs did a good job of making that clear.

The polarization between copyright maximalists and copyright minimalists around SOPA/PIPA will, I think, make it harder to have a rational discussion when, as it inevitably will, the bill returns in some form. Some legislators were outraged at the blackouts, which occurred at a time when serious negotiations taking into consideration the concerns of critics, were going on, and derailed them.

One lesson of the conflict was that it’s important to develop a discourse in which balanced copyright is featured, rather than a moral-panic atmosphere. It is important to address the challenge of making copyright workable rather than construing the problem as either embracing or rejecting copyright’s monopoly rights as property. It is also clear, by the way, that people don’t have enough information about the basics of Internet infrastructure. The reason why fooling around with the Domain Name System was a terrible idea just wasn’t clear to most people.

What do we see as the most effective mechanisms for changing current policies around intellectual property? Which mechanisms do you think give the most hope to copyright holders? to grassroots participants? To independent artists?

Pat: I hope I’ve given some idea in this discussion of the importance of education, and an investment in understanding creativity as a social act. I think more constructive political actions will follow a shift in habitus, to invoke Bourdieu, around creativity in culture. Some of that change is happening around the spread of DIY culture, but it needs to be accompanied by a claiming of Constitutional rights in copyright to avoid a construction of DIY culture as the consumer end of commercial culture.

Ellen: I do not feel optimistic. The size of Google and its moves to enter the realm of mainstream TV, film and publishing as a distributor does not bode well. Politicians are, of course, very dependent on media distribution companies for their own election campaigns and this will always hamper what can be achieved in terms of legislative action.

What do you see as the value of attempts such as Creative Commons or Copy Left to imagine alternative copyright regimes as opposed to shifting interpretations of existing laws and practices?

Ellen: Creative Commons, for anyone new to this debate, is a non profit corporation founded by legal schlars Lawrence Lessig and James Boyle and their collaborators. It has helped thousands of artists and scholars to share their work in a way that protects their rights while also letting others freely use, distribute, remix, tweak and build upon your work, as long as they give you credit. It has been a powerful force in keeping the Internet and publishing more open. The “Share Alike” license offered by Creative Commons means that you can find work (photos, music, etc.) to use in your own project but then your project must also comply with the “Share Alike” model. It has been a lifesaver for academics and amateur video makers. I still have the feeling that CC licenses primarily work for content creators who have another means of making a living-- a day job, if you will-- like academics. Or a trust fund. Some other revenue stream. With the increasing globalization of Big Media-- there are going to be increased challenges.

Pat: To the extent Creative Commons is seen as one of the tools people have to rebalance copyright, a tool that resides on the monopoly rights holder side of the equation, I think it’s great. If it’s seen as either a guerrilla attack on copyright or the dawn of copyright-free culture, well, that kind of thinking stops people from getting to any kind of a solution.

Copyleft work generally has done a great job of putting copyright issues on the map. If people get so frustrated that they despair of rebalancing copyright, they will, I’m afraid, move from idealism to cynicism. So it’s important to avoid alarmism, moralizing, and utopianism, if we want to find ways to foster culture-creating for a digital, DIY environment. Dreams are great, ideals are great, but solutions for waking-world problems always deal with the highly imperfect environment we live in. Ellen’s book is full of great practical advice for just that.

Part of what has given some moral and ethical complexity to the debates about copyright is that the industry often seeks to defend the “rights of artists” but in practice, artists are often forced to sign their rights away to corporate ownership and may be as badly exploited by studios and labels as they are threatened by infringement by unauthorized consumers. Where do the artists themselves stand in current debates around intellectual property?

Ellen: Yes, the entire history of the film/TV/music industry is full of exploitation of artists. If young people today were better educated about the bloody struggles to get unions, they would understand more about their value. Artists’ have a fighting chance when a contract is involved, and an even better chance if they are members of a guild, a union, or some kind of professional association that can educate them about their rights-- and this takes some time. Just because artists’ are ripped off by studios and music companies, however, does not mean we want to do away with employment contracts, because that is what the entire structure of labor protections are based on. There is a lot of lawyer-bashing in the DIY community, which I think is extremely short-sighted. Of course there are corrupt lawyers out there. But we need to get past some of the early utopianism of this movement and also take a long, hard look at what is happening in terms of shrinking employment and the myriad ways young people are enticed to work for free. I am hoping some of the pushback on unpaid internships by educational institutions will begin to make for some policy changes. We need lawyers like Peter Jaszi and Michael Donaldson, and it takes about one second for a talented kid to figure out why he might want to be represented by a professional agent or attorney once the prospect of real financial remuneration comes through.

Pat: Yes, I agree with Ellen that people need to know the history that won them the rights they have. I also think doing this work has allowed me to meet many creative and supportive lawyers, whose work has helped to change the environment for artists. It is altogether true that large media corporations have all too easily enlisted artists into the company’s private-interest battles using Romantic notions of artistry and alarmism.

Another recent controversy concerned the role of parody in our current understanding of intellectual property law as playwright David Adjmi received a cease-and-desist notice for his play, 3C, which appropriated and responded to the classic sitcom Three’s Company. More and more of our current creative practices involve acts of sampling and remixing, some of which meet legal standards of parody and others do not. How effective and appropriate do you see current law at policing the boundaries between appropriate and inappropriate forms of remix?

Ellen: David Adjmi’s 3C is an interesting example because this case involved a clear example of fair use under the satire or parody ”safe harbor.” It also sheds light on the differences between theatrical and television understandings and professional practice of copyright. The play is set in the 70s and centers on roommates in an apartment in Santa Monica. It deliberately evoked the popular 70s sitcom where two women and a man are roommates, and the man has to pretend he is gay to satisfy the uptight landlord that no co-habitation is going on-- and for half the show’s gags. Three’s Company” ran on ABC from 1977-1984-- and is notorious for Suzanne Sommers as a classic dumb blonde type. Adjmi’s version is a black comedy in which the male roommate really is gay and the satire and pathos revolve around him “playing” gay When the cease and desist letter came out, Adjimi, even though he is a published playwright, did not have the funds for a legal defense. Reviewers of the production, which ran for five weeks off-Broadway, called 3C a black comedy-- Adjmi said he tried to imagine what Chekhov would do with “Three’s Company.” The production went on as planned, and the show closed. What I would want to point out about the case, though, is that Adjmi, as a member of the Dramatist’s Guild, was able to rely on some important friends-- Stephen Sondheim and Tony Kushner were among the signatories on a letter in support of Adjmi, and Jon Robin Baitz (“Other Desert Cities”, and the TV series Brothers and Sisters”) rallied the theatre community and offered to pay his legal fees. This is a case where a community of professional artists in one of the last bastions of unionism-- NY theatre---- may have kept the lawyers at bay. Adjmi did not respond to the letter, which said it could not be performed again or published. It’s worth noting, however, that nothing can invite the wrath of studio lawyers quicker than tampering with a television show that has syndication earnings.

Pat: I appreciate this background. I haven’t seen the play, and so can’t have an opinion on its employment of fair use (in which parody is an instance), since context is everything in fair use, so I have no opinion on the case. David Adjimi appeared, according to the New York Times, to be stalled out at first no because he hadn’t sought out legal counsel and didn’t want to incur any costs.

I’m glad he has influential friends. But I also think that if he does have a fair use argument, he also has friendly organizations to turn to. I believe there is substantial pro bono legal counsel on viable fair use cases. If I were him, I would turn to the ACLU or to the Stanford Fair Use Project, or to the IP legal clinics at University of Southern California, University of California at Berkeley, or Fordham University. They all, along with Electronic Frontier Foundation, have lawyers who litigate pro bono on fair use issues. (EFF typically deals with digital issues.) I hear from lawyers from all of them, calling me looking for promising cases.

Adjimi’s fair use argument does not have to be that he has a parody. He merely has to have a transformative purpose, and use the appropriate amount to meet that purpose. He has to not be using the elements of the sitcom in order to give the same kind of pleasure to the audience in the same way that the original does. I gather from the scanty description of the play that I can access online and from Ellen’s description that the play depends on the audience’s familiarity with “Three’s Company” to make a statement about the cultural values invoked and expressed by the sitcom. Well, that’s a transformative purpose. I probably would have to see the play to decide for myself if the amount taken was appropriate. But certainly if you’re going to invoke “Three’s Company” you want to have a certain amount of the package of the elements to play with.

How effective is the law at policing the boundaries? Well, that depends on what you mean, I guess. The law isn’t an abstract element. We carry our sense of the law with us. David Adjimi appears to have a fairly shaky idea of his rights under fair use, and his advisors do too. He doesn’t have a great way to do a risk analysis, since his community of practice, playwrights, haven’t acted as a community to decide what they need from the law and asserted it within a code of best practices in fair use. He hasn’t chosen to find out how related communities of practice think about it, by consulting their codes of best practices in fair use. Or at least he hadn’t as of the reports I read.

It’s easy for the “Three’s Company” folk to issue a cease-and-desist letter. It’s routine, as Ellen notes, when you have a valuable property. It costs nothing more than the price of a lawyer’s time to dictate the letter, and under the law no matter what they say in that letter, there’s no penalty. So they can claim, bluster, threaten, as they like. David would have to know his rights or find a pro bono lawyer who does, in order to resist.

But the law is pretty good, actually, on the fair use side. And not just for David, but for remixers in many media. It’s flexible, accessible, adaptable. Judge’s interpretations have been pretty stable in stressing transformative purpose combined with appropriate amount for 25 years. But in practice it means what it means to the people who most use it. So if the cease-and-desist letter writers use it and the receivers of the letters don’t, then the cease-and-desist letter writers win.

If the law weren’t otherwise so pathologically unbalanced, we wouldn’t have to care about fair use. But since copyright is effectively eternal (at least for our creative lifetimes), default, and extending so far through derivative works, we have to care. Sigh.

Good news? The more we understand our rights, the quicker we can get on with DIY remixing and sampling.

And let me take this moment to say it’s a dang shame that musicians haven’t been able to organize themselves to decide what they need from existing music in order to make new music. The law would in theory permit a wide range of borrowing. Several cases have come close to engaging fair use and music, including the first two Bridgeport cases (discussed in the book). But people settle out of court after a first-level judgment that doesn’t address fair use, and a precedent is set. This leaves judges and music producers down the line with the general impression that in music, people always get licenses. Practice. Practice is really really a big thing. If musicians practice a clearance culture, they create precedents that lead to more clearance culture.

Pat Aufderheide is the Co-Director of the Center for Social Media and University Professor in the School of Communication at American University in Washington, D.C. She is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007), The Daily Planet (University of Minnesota Press, 2000), and of Communications Policy in the Public Interest (Guilford Press, 1999). She heads the Fair Use and Free Speech research project at the Center, in conjunction with Prof. Peter Jaszi in American University's Washington College of Law.

Ellen Seiter holds the Nenno Endowed Chair in Television Studies at the USC School of Cinematic Arts where she teaches courses on television and new media history, theory and criticism in the Critical Studies Division. She is the author of The Internet Playground: Children's Access, Entertainment and Mis-Education (Peter Lang, 2005), Television and New Media Audiences (Oxford, 1999), Sold Separately: Children and Parents in Consumer Culture (Rutgers, 1993) and Remote Control; Television, Audiences and Cultural Power (Routledge, 1989). Her latest book, The Creative Artist's Legal Guide:Copyright, Trademark and Contracts in Film and Digital Media Production was published in 2012 by Yale University Press.

Concerning Intellectual Property: A Conversation Between Pat Aufderheide and Ellen Seiter (Part Three)

Copyright was historically constructed as a “balancing act” between the interests in authors in gaining compensation for their ideas and the public in being able to meaningfully deploy those ideas towards the common benefit. Yet, copyright is now increasingly understood through a conflictual lens, where one group must benefit at the cost of the other, or as Ellen characterizes it at one point, “an arms race between content creators and content users.” Is there any way to move this back from a conflict-based frame in ways that might create a win-win scenario for all participants? Why or why not?

Ellen: This is capitalism we are dealing with, so I don’t expect there to be a happy ending. In fact, I think it would be better to look as harshly as possible about the competing interests and recognize the class war embedded in it. If anything, I think copyright can help us to understand how much labor is being devalued and how much has already been given away. So I am less interested in protecting the freedom of fans, for example, and more interested in protecting those professionals (and in this I include the below-the-line workers in the media industries) to be able to sustain a living wage and even a steady income for those who are successful. It is precisely on the battleground of Internet streaming (where so much can be captured for free and repurposed) that the WGA and SAG suffered serious losses, since the studios deemed it merely promotional and therefore not a use that bore on residuals.

Digital Content Creation shook the media industries by providing new distribution outlets for creative work and a demand for new skill sets among creative workers, something that has exacerbated the tendency to favor the young for employment and discard the older, more experienced, and more labor-savvy workers. When we look at dramatic/ fictional media creation the picture shifts considerably from the issues in documentary work. The expansion of dreams of “making it” as a director, an actor, a musician or a writer has produced a new and quite unrealistic model of training in which young people are encouraged to invest enormous resources in training, self-promotion, technology, and unpaid content creation—in the hopes of being discovered, or securing an unpaid internship. My main concern is that digital content creation has been exploited by studios, talent agencies and television networks to undermine the creative and craft guilds in Hollywood. In these historic labor struggles, talent gave away their rights through work-for-hire contracts, but the consolation prize was decent wages, benefits and residual payments to make up for the long periods of unemployment and the long periods of unremunerated preparation for these jobs. Now that Google is moving in the direction of big media, distributing expensive, professionally produced content, there is a lot of room for further exploitation, where creative talent is paid merely in ad revenues, not by salary or residuals.

Pat: I couldn’t agree more that the rhetorical positioning is now conflictual. Bill Patry, in his smart book Copyright Wars, calls this a moral panic. A moral panic is when people are arguing about the wrong problem in a highly emotional way. Or to quote Wikipedia, without employing fair use, since all the stuff on Wikipedia is made freely available under a Creative Commons license, “Moral panics are in essence controversies that involve arguments and social tension and in which disagreement is difficult because the matter at its center is taboo.”

I’ve talked about the photographers. They’re emblematic of one side of the debate, where all unauthorized use is immoral. I recently saw the other side in action, when I attended Wikimania 2012. I went to the debate on whether fair use should always or never be used in Wikipedia. This is quite a hot discussion topic, actually, on the Talk pages of Wikipedia. It was interesting to see the heated emotion displayed, primarily by users (the pro-fair use side was staffed by lawyers, who tended not to get passionate), on the side of the argument that said it should never be used. There are some practical difficulties (will downstream users really understand that they can’t remix that stuff without doing an assessment of their own? will laws in other countries match up with U.S. fair use?) but the biggest obstacle, it seemed, was a profound disgust with copyright as an unfree regime. Even though copyright permits unlicensed use, that right was not seen as a right so much as a begrudging permission by an ungenerous uncle. They saw it as besmirching a beautiful product, beautiful because it was free.

The problem is, though, that the mission of Wikipedia is to be a free encyclopedia of human knowledge, not--as Brandon Butler on the panel put it--an encyclopedia of free human knowledge. He argued that including copyrighted material when it was necessary to make mission was sensible, even if it had to be employed under fair use. Respondents argued that leaving blank spaces clearly labelled to show unavailability because of copyright reasons was consistent with the mission to be free and also a lesson in the costs of having copyright.

Is there a way to get out of this mess? One way is to recognize the truths that Ellen is pointing to--that the business model issue is separate from the copyright issue. The business model issue is very real. Traditional media business models are eroding, which affects vast swaths of middle managers. At the same time, the industry’s business model crisis interacts with a trend that has been accumulating particular strength since 1980 and the conservative resurgence, to disempower workers. The business model crisis creates an incentive to further exploit working people in media, especially the newest entrants. It is heartening, however, to note that even as incumbent businesses flounder, the total revenues for entertainment fields are growing, according to the impressive and extensively documented report, “The Sky Is Rising” (http://www.techdirt.com/skyisrising/).

Those who are frustrated by copyright sometimes turn to a copyleft alternative model. I don’t think constructing some alternate world, for instance, getting everybody to agree to give their stuff away with Creative Commons licenses, will work.. I think too much stuff will never go into the commons; you’ll never persuade the photographers, much less HBO, to give it away. Too much significant work in our culture--including the stuff that makes up some of the most memorable remixes and fan fiction--is made on commercial terms. Moreover, many, many people are actually really invested in having their copyright monopoly rights. I also agree with Ellen that it’s important to think about how to reward the actual makers of work. I use Creative Commons licensed work in my own, and I have Creative Commons licenses on some of my work, but I see it as a limited, if important, tool in the kit of resources to rebalance copyright.

I do see a big change in the communities of practice that have created codes of best practices in fair use. I’ve seen a big change in how creators think about what they want to do. I’ve seen changes in industry practice, e.g. how insurers for errors and omissions now treat fair use claims. Perhaps most exciting to me has been to see people who reclaim their own fair use rights come to see those rights as rights worthy of political defense. I’ve seen people who in previous years didn’t even know they had fair use rights go to the Copyright Office, ask for an exemption for their group of people (professors, documentary filmmakers, vidders) from the DMCA’s criminal penalties for breaking encryption for fair use, and.....win! Admittedly that’s not a game changer for the copyright regime, but an accommodation within a terrible law. But it is evident that people can see themselves as part of a political constituency.

We wrote the book precisely to contribute to reframing the discussion, away from an emotionally laden moral discussion toward a discussion of how we can get to the job of creating more culture better. I think when people move from a “permissions culture” to a position of agency, that is a political move, and it enables them to think about these and other issues from a more collective viewpoint, which should also encourage association and union participation.

I have seen that when you show people the consequences of their actions, they understand much better what risks they are taking. Suddenly the risk of not creating culture, not getting to create, to express, to use their freedom of speech, becomes significant and real to them. The risk of getting sued for copyright infringement becomes a risk you can calculate instead of, as one filmmaker called it, “the monster in the closet.” They can see the risks the same way they see risks in other employment of their First Amendment rights. After all, libel, treason, obscenity laws all have ugly penalties, and they all are triggered by inappropriate First Amendment acts. That doesn’t stop people from criticizing fat cats or crooked cops or using terms for female body parts while discussing reproductive health. And when people see copyright within that First Amendment lens, the discussion is very different.

I wish I had stronger faith in legislative or judicial options at the moment, but without having a mobilized and sizeable constituency, I’m afraid I don’t. At the moment. I am impressed at what a difference practice makes, and I think practice can shape the building of constituency. I think we saw what a difference the blacking out of Wikipedia made to SOPA/PIPA. There had been a lot of crucial inside-the-Beltway work done on those shockingly poorly crafted bills before that moment, so I don’t want to act like Wikipedia brought them down. But Wikipedia and other blacked-out sites did make a difference. And the action taught a lot of people in that ambit the power of numbers of outraged citizens. Wikipedia’s leaders are mildly alarmed by the precedent set, though. SOPA/PIPA would directly and negatively have affected Internet culture, and so it was squarely within Wikipedia’s wheelhouse. Wikipedia’s leaders (both Jimmy Wales and the head counsel of Wikipedia spoke about this) are worried that Wikimedians may decide to use this tactic on issues that are not specifically a life threat to Wikipedia itself, which would jeopardize the foundation’s tax status, could weaken the organization by creating factions, and be ineffective to boot. So I don’t think that one act has a natural next one within Wikipedia. But it clearly educated a lot of Wikimedians and Wikipedia users about political action.

As we look at the current struggles over intellectual property, it seems that commercial producers and grassroots participants (for lack of better terms as these relationships are somewhat shifting) look at these debates through different lens. So, first, what do we see as the primary concerns, fears, anxieties, hopes of copyright holders in these struggles to define what constitutes appropriate policy?

Ellen: Copyright holders are attentive to their specific markets. Take the case of a viral sensation of the summer of 2012: The Snuggie version of Beyonce’s song "Countdown."

http://www.youtube.com/watch?v=w4aiwTkDwCY

Here is an amateur video, performed and directed by a teenager (who is a shining example of how much people can learn and achieve in DIY media) using a major pop song. But he is also a member of the target market for pop divas: and this market segment is more likely than others to go ahead and purchase the music download, buy the CD and go to the concert. So there is a motivation to be lenient and even to use amateur videos to publicize the songs, both because they don’t want to alienate this market-- which has been performing pop hits in bedrooms before mirrors for decades--and because they are not at risk in the same way of losing all sales.

There are varying levels of policing and it is important to look at the cases where DIY media is welcomed (this was formerly the case with anime distribution, as Mimi Ito’s work has so effectively demonstrated) and there is a kind of tacit agreement that you do your part as a consumer.

So Beyonce posts the Snuggie video on her website and calls it brilliant and better than the original. No word from Snuggie yet, although they must be delighted.

Pat: It’s great to remember, as Ellen reminds us, that there are endless accommodations by businesses to their best interests in practice. In terms of creating new policy formally, I think that incumbent corporations with significant revenues from media have a deer-in-the-headlights approach at the moment. Copyright policy is one tool they have to resist the future. On the other hand, everybody saw what happened to the music industry, and nobody wants to be Kodak, so that may shift the vigor of their approach to shoring up their assets with even more extended copyright terms and stiffer penalties for perceived infringement and technical overrides of fair use. Maybe. But actually in DC there is strong expectation that we will see a bill introduced fairly soon extending copyright terms....again. And SOPA/PIPA haven’t really gone away.

I think makers and users of all kinds have a different set of concerns, which I’ve discussed above in part. Many people have a Romantic notion of creativity, in which originality is prized, copying is regarded as cheating, and creativity is produced at a high personal psychic cost. That infuses how they then think about copyright.

This is true both for the copyrightists and the copyleft, actually. Artists often construe themselves as fearless appropriators and then are outraged at unauthorized reuse of their work, even when it’s clearly fair use. The copyleft community is, I think, an early adopter phenomenon rather than the beginning of a dominant “commoner” culture. As more and more people create digitally, I don’t see new waves of copyleft people; rather, I see sudden interest in figuring out how to claim and exercise monopoly rights, concern about unfair commercialization of one’s work, etc. Even within the copyleft, there is great anxiety about inappropriate (e.g. commercial) use of their work.

This Romantic construction of creativity (about which my co-author Peter Jaszi has written quite a bit, and very interestingly) is often exploited by corporate actors in lobbying.

At the same time, people are definitely enjoying, in greater and greater numbers, the kind of remixing (machinima, video remixes, all kinds of photographic memes) that used to be much harder to do. This group of people is now much much bigger than the geeky early adopters. So they’re getting a greater stake in accessing the copyrighted world around them. I can see corporate efforts to meet that appetite with new forms of licensing and apps, but these efforts aren’t moving quickly enough. Copyright law really makes more streamlined licensing rather difficult. But I do wonder if the perceived needs of many people who are not ideologically motivated when they remix and do DIY culture will be met with some kind of inferior (to me, certainly) licensed service. That certainly is true now with a lot of machinima, which is often done within the terms the game company set.

So I think this is an exciting moment in which people might be able to move beyond their (often new-found) frustration with their access to copyrighted culture, productively, if they understand the basis of copyright better. And they would become part of a political constituency for a more balanced copyright, not just for easier access to licensed databases provided on company terms.

Pat Aufderheide is the Co-Director of the Center for Social Media and University Professor in the School of Communication at American University in Washington, D.C. She is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007), The Daily Planet (University of Minnesota Press, 2000), and of Communications Policy in the Public Interest (Guilford Press, 1999). She heads the Fair Use and Free Speech research project at the Center, in conjunction with Prof. Peter Jaszi in American University's Washington College of Law.

Ellen Seiter holds the Nenno Endowed Chair in Television Studies at the USC School of Cinematic Arts where she teaches courses on television and new media history, theory and criticism in the Critical Studies Division. She is the author of The Internet Playground: Children's Access, Entertainment and Mis-Education (Peter Lang, 2005), Television and New Media Audiences (Oxford, 1999), Sold Separately: Children and Parents in Consumer Culture (Rutgers, 1993) and Remote Control; Television, Audiences and Cultural Power (Routledge, 1989). Her latest book, The Creative Artist's Legal Guide:Copyright, Trademark and Contracts in Film and Digital Media Production was published in 2012 by Yale University Press.

Concerning Intellectual Property: A Conversation Between Pat Aufderheide and Ellen Seiter (Part Two)

Mitt Romney’s campaign recently faced a takedown notice from BMG on YouTube for incorporating a news clip of Obama singing a song owned by BMG. What does this case say about the current state of the debate? As these struggles reach those in power, will they develop a better understanding of what’s at stake for ordinary people in their dealings with major media companies?

Ellen: Important to note that all kinds of “legal” issues are tightly linked to the politics of race and class. Was BMG taking Obama’s side? Was YouTube? Meanwhile the Romney campaign just went to Vimeo and re-posted it, but without a link to their campaign website.

Now the counterpoint to this political ad, Romney’s rather weak vocal performance of “America the Beautiful” reminds us of a tried and true techniques for young media makers: use something in the public domain. But it ALSO refers back to an era where sheet music was a big money maker and many copyright statutes focused on protecting the rights of composers, music publishers, even player piano manufacturers. The laws derive from interest groups and from technologies of distribution—those on their way up and those on their way out. America the Beautiful was first published in 1910. Good to remember that we are always dealing with media industries under assault by new technologies -- for the sheet music business that meant player pianos, records, and later xeroxing.

Interesting to compare to the Jackson Browne controversy during the last campaign, where Jackson Brown won damages for McCain using his song “Running on Empty.” Again it is a legal case inextricable from social and political contexts. But I also think that Jackson Browne still has the right to protect his intellectual property rights and control their use.

Pat:This kerfuffle demonstrates a number of things about the current state of fair use. First, it caused a huge media uproar; so copyright issues definitely are in the public eye, and they are generating conversations about how we can both circulate and grow culture.

Second, it shows how people come to exaggerate the issues. YouTube is required by law (the Digital Millenium Copyright Act) to take down any video that a content holder flags as infringing. As Ellen noted earlier, many copyright holders do issue takedown notices, typically the result of automatic programs matching content, which means a lot of fair uses get swept up into the net.

Then it’s up to the person who uploaded it to challenge the take down by employing their fair use rights, and explaining to YouTube why they believe it’s fair use. (Under law, you don’t have to be exactly precisely on-the-nose right with your fair use choices; you have to demonstrate reasonable judgment, and the law permits some squish.) Then if YouTube finds that credible, the video goes back up, and if the content holder wants to pursue legal action directly with the uploader, they can. In this case, it’s very likely that BMG issued the takedown request as a result of bot detection, not person detection. Romney’s campaign people explained it was fair use, and YouTube put it back up. No more has been heard from BMG and I’ll be shocked if there is.

Ellen: According to Politico it was at the request of BMG-- but I guess that could have been bot-generated. Here’s some more discussion of it all.

Pat: So, my point on this one is that the system, such as it is, worked. Now, you could definitely say, and we definitely have, that pre-emptive takedowns are a hindrance to the employment of fair use, and disrespectful of that important First Amendment right. I haven’t noticed any policymakers listening to me or Public Knowledge or Electronic Frontier Foundation or any of the other geeky media policy folk more than they’re listening to Hollywood, music companies, and software companies; but it would be great to see a more organized constituency pushing on the DMCA. I wonder personally if the arrival in Washington, D.C. of Google and Facebook (aren’t you surprised it took them this long to set up DC offices??) will change the discussion. Ellen’s concern about Google’s media-ization are widely shared; but at the same time, Google and Facebook were opposed to media interests on SOPA/PIPA. Right now, though, copyright policy reform (e.g. DMCA reform) has a third-rail quality.

Third, the incident shows the ubiquity of fair use in our landscape. We see it in every daily newspaper (oh look, they quoted from a think tank report!), in the television news and in those invaluable and Viacom-owned shows The Daily Show and The Colbert Report; in every student paper (that footnoted quotation), in every scholarly work. And political campaigns routinely incorporate existing material, often edited in a way to denigrate the opponent.

There’s a common use of copyrighted material in political campaigns that is much dicier--the part where campaigns use popular songs without permission to attract and energize the crowd and as intros to the candidate jogging up to the platform. It’s just not clear how that use is transformative; it’s one of the uses the market serves directly. It usually comes to light because performers don’t agree with a politician’s perspective. And the politicians always claim fair use. Often the cases are just settled, either with payment or the candidate agreeing not to use the music any more.

You both are writing about legal issues from the perspective of media scholars. What do you think media scholars bring to these debates which are missing from previous work on intellectual property law? What do you think media scholars have to learn from legal authorities working in this space?

Pat: I am profoundly grateful to have had the opportunity to work with Peter Jaszi since 2004 on the various projects that inform our book. I have learned an enormous amount, not just about the law but about how people regard, use and shape the law through their conceptualization, discussion and actions. Peter Jaszi is a legal scholar whose work is informed by some reading that media scholars do as well, especially in the areas of cultural studies and post-structuralism. I have brought a perspective shaped by the perspective of John Dewey on political participation and by Pierre Bourdieu, Stuart Hall, Raymond Williams and other cultural theorists on the process of cultural production.

As a media scholar, one of the assets I also brought to the project was my networks of contacts in practitioner communities. Our work with documentary filmmakers, journalists, film scholars, communication scholars, and remixers has all been informed by earlier work on and with these communities.

Another asset I brought to the project was a long history of working on communication and media policy issues, in which access, public participation, and democratic process were major themes. Copyright policy is another realm of knowledge, but it is shaped by the same political process, economic and political stakeholders, and institutional structures that other policies are. And as with other communication policy issues, the infrastructural elements shaping expression often go unnoticed by most people, often until it’s too late to undo bad decisions.

Our work focuses on copyright policy, but copyright policy as it intersects with creative action. So we have been able to see inside people’s heads, in a way, to see not only what they think and think about but what they are avoiding thinking about. This has been absolutely fascinating. It has been a privilege.

Ellen: The work that Pat and Peter Jaszi have done for over a decade through American University’s Center for Social Media has made a tremendous contribution to the understanding of media scholars, while offering vital assistance to media practitioners, teachers and lawyers. Their work has really brought fair use to the attention of media studies scholars-- who are not always rushing into legal topics-- as well as media makers. We owe them a great deal.

I think media scholars bring an important HISTORICAL knowledge about audiences and about distribution technologies that is invaluable to these debates. All that stuff about the patent wars over film technology that you learn in film history class in college is still extremely relevant to the shifting power dynamics among those who invent and sell the technology and those who want to use it for creative purposes, as well as the middle managers in the distribution business.

My interest in this entire topic has been repeatedly revitalized by the work of two legal scholars who write the kind of painstakingly researched, thrillingly written, and deeply creative stories about our legal past that are a model of humanities work. I am thinking here of Adrien Johns and Catherine Fiske. Johns is important for his book Piracy in which he takes a very long perspective on history and how often the winners and losers can change in copyright and patent battles. Fiske is important for introducing a keenly focused attention to labor and how people control or lose the rights to their own work in her book Working Knowledge. Both scholars help us to remember that what happened in book publishing in the 18th and 19th centuries must be kept in mind as we deal with audio visual media.

How did you each become involved in work on intellectual property law? What motivates your recent books on this topic? How does it relate to your previous work?

Ellen: Way back in the 70s when I was a senior at UCLA, my family wanted me to go to law school. So I applied to film schools and law schools at the same time. I am eternally grateful to my sister Rose who advocated on my behalf that I could always go to law school later, but if I went to law school then I would never get back to film school. My co-author, Bill Seiter, is my brother and an IP attorney, so this stuff has been dinner conversation for twenty-five years. It was a fascinating part of the process of writing this book to recognize the differences in our disciplinary perspectives and which parts of the puzzle each of us were missing, given our academic training and professional experience.

Now I actually want to go to law school. JK.

But my initial interest in these matters came from my own experiences as a filmmaker, and from teaching film and video production for twenty years.. I finished my MFA in 1978 making experimental shorts and documentaries. We used optical printers then, no computers, and it was painstaking, but we did amazing things with found footage, and we freely used all kinds of materials. Even then, however, we knew not to mess with the music, but try to commission musicians for soundtracks. It always breaks my heart when students pour hours of work into a film and haven’t thought out what they can and cannot use from the onset if they want to be able to submit to festivals, etc.

By 2005, when I made my most recent documentary, Projecting Cultures: Perceptions of Arab and American Film, at USC, I was getting quotes of 20K for one minute of a 1950s feature film that was exclusively for educational use. (You can see the video and the clips from Hollywood and Egyptian films here: http://www.youtube.com/watch?v=Fmd4cUY7g-s

I had to conform to the requirements of my funding agency (The Sunnylands Trust/ Annenberg Center for Public Policy) and of USC School of Cinematic Arts. Like all big institutions they are wary of fair use and have undoubtedly made the situation much worse. Like many publishers, colleges and universities, and festivals, the bottom line is that they do not want to offend the donors, and in the case of my school that involved a big movie star who had appeared in the film and the studio that distributed it. We eventually got all three film distributors whose films we used to agree to give the clips for free, but only after we had used a lot of the budget for a rights clearance specialist, because studios don’t return calls from your average filmmaker. They want to know that everything about transferring the quality version of the dub, etc., will be done exactly as they specified. Pat has done so much important work (along with Peter Jaszi, and with extraordinary support from LA lawyer Michael Donaldson) on advocating for documentary filmmakers and their fair use rights, but to “win” still often involves a hefty price tag either in legal fees or clearance specialists.

Pat: Of all film schools, USC is the most rigid to my knowledge, and I agree with Ellen that it’s entirely related to the special relationship with major studio figures. It’s not just frustrating to USC filmmakers but to many others including staff who want to support teachers and researchers and who know the law is available to them. It’s also a reminder of the importance of practice in determining access to the law.

Peter Jaszi and I plunged into the lived experience of filmmakers’ creative struggles with copyright together. I knew Peter Jaszi from previous conferences on communication policy and copyright issues, when he invited me to a conference on copyright and culture. Like other non-lawyers there (he had made sure to get cultural actors there!), I found the concerns of scholars about “tight copyright” very compelling, but I was puzzled by why the media makers I knew weren’t complaining about it themselves.

That is still a fascinating issue for me. Many professional creators focus only on the threats in the digital landscape to traditional business models. Photographers in particular believe their profession is imperiled. Photographers never seem to worry, though, about the fact that most photographs capture copyrighted material in the picture taken. The reality that all cultural expression is in some way recombinant--that it all uses existing culture as a platform, that every one of us “stands on the shoulders of giants” (and no, Isaac Newton did not think up that phrase)--has been buried under a deluge of Romantic sensibility (the artist in the garret, creating a work of tortured genius in complete originality), bad teaching practices in K-12 (you can only use pictures from these licensed databases, and don’t copy!), and alarming FBI notices on our movies.

People confuse business models with creative process, and they moralize one part of the copyright regime. They believe they have simple property rights in stuff they’ve created, and that even if other people have a legal right to use it, that’s an immoral act. Many remixers, of course, just flip that problem around. They say it’s an immoral act to hoard your stuff, and you should give it away. Meanwhile, the law both incentivizes creative acts by granting a monopoly right that is limited, and by encouraging use of copyrighted material if you are making new culture in some way.

Anyway, I loved the idea of exploring that problem of how creative actors think about copyright in their creative process, and so did Peter Jaszi. We were lucky enough to get interest from Joan Shigekawa at the Rockefeller Foundation (she’s now doing great things at the NEA), and that one grant plunged us into an odyssey that hasn’t stopped.

Oh and by the way the answer to my question--we focused on documentary filmmakers, since I knew so many of them--was that documentary filmmakers simply were not aware of the depth of their self-censorship. When they learned how profoundly their creative process was crippled by their confusion on copyright and fair use, they created a code of best practices in fair use that changed their industry.

Pat Aufderheide is the Co-Director of the Center for Social Media and University Professor in the School of Communication at American University in Washington, D.C. She is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007), The Daily Planet (University of Minnesota Press, 2000), and of Communications Policy in the Public Interest (Guilford Press, 1999). She heads the Fair Use and Free Speech research project at the Center, in conjunction with Prof. Peter Jaszi in American University's Washington College of Law.

Ellen Seiter holds the Nenno Endowed Chair in Television Studies at the USC School of Cinematic Arts where she teaches courses on television and new media history, theory and criticism in the Critical Studies Division. She is the author of The Internet Playground: Children's Access, Entertainment and Mis-Education (Peter Lang, 2005), Television and New Media Audiences (Oxford, 1999), Sold Separately: Children and Parents in Consumer Culture (Rutgers, 1993) and Remote Control; Television, Audiences and Cultural Power (Routledge, 1989). Her latest book, The Creative Artist's Legal Guide:Copyright, Trademark and Contracts in Film and Digital Media Production was published in 2012 by Yale University Press.

Concerning Intellectual Property: A Conversation Between Ellen Seiter and Pat Aufderheide (Part One)

The grassroots efforts to block the passage of the Stop Online Piracy Act (or SOPA) represented simply the most recent and most highly publicized skirmish in ongoing struggles over the nature of intellectual property law and how it impacts the new media landscape. If intellectual property law might once have seemed to be a narrow and somewhat obscure focus for legal scholarship, it has become more and more central to the field of media and communication studies, as it has become part of the everyday reality of fans, artists, and teachers, struggling to figure out the extent of their Fair Use rights. As more and more of us are producing and circulating media, sometimes within, sometimes outside, current legal frameworks, intellectual property constitutes both an enabling mechanism and a constraint of our expressive possibilities. Seiter's book, The Creative Artist's Legal Guide:Copyright, Trademark and Contracts in Film and Digital Media Production, co-authored with Bill Seiter, was published in 2012 by Yale University Press.   Pat Aufderheide's  Reclaiming Fair Use: How to Put Balance Back in Copyright, co-authored with Peter Jaszi was published by the University of Chicago Press in 2011. Both represent indispensable guides to the current legal landscape  by veteran communication scholars (working in each case with a lawyer) which address how IP law impacts the production, circulation, and consumption of media. Both combine pragmatic understanding of the often contested status of current law as well as a theoretical understanding of how these decisions impact the future of communications.

My goal here was to spark a conversation between Aufderheide and Seiter, which explored some of the key themes in their books, and addressed some of the central controversies around intellectual property. I could not have imagined the commitment they would both show to this exchange and the depth of insights they brought to their interactions with each other. My job now is to get out of the way and let this exchange unfold over the next five blog posts.

Ellen’s section on copyright opens with the sentence, “One of these days you are going to receive a Cease and Desist letter.” This would not have been true at earlier moments in history where the communications and creative practices of most people would not have been exposed to this kind of legal scrutiny. So, what do you think are the consequences of this wide-spread engagement with legal struggles over intellectual property? How might larger public concerns inform our current understanding of this area of the law?

Pat: In fact, most people today are not going to get a Cease and Desist letter (though many more are likely to get a Content ID match or a takedown on YouTube, of which more later.) Ellen’s book is of course written for professional artists, who are more likely than the general public but still not very likely to get one. But one cease and desist letter sent to one person echoes through the culture, and then mythologizes into a full-blown lawsuit before you can stamp out a rumor. (We document some of this mythmaking in our book.) So it’s an excellent way to begin, to get people’s attention, demystify them, and also help them put themselves in a position where they are even more unlikely to get one.

Ellen: Google reports receiving over a million copyright notices per week, and these are passed on to users through takedown notices, usually within 24 hours. We wrote our book to speak to young, technologically savvy and admittedly ambitious media artists, who do post aggressively and frequently on line and, especially when they are enrolled at a college or university with a lot at stake as ISP providers do tend to police the students very stringently-- cease and desist or we will take down your email account. Pat is right that there can be a panic around these things-- many of my students in my anime course (who are avid amateur media makers) for example, worried that the campus police would be knocking on their door the minute they downloaded a bittorrent file, while others were very creative. So it is fairly common for intense young filmmakers eager to be discovered to get such a letter and we wanted to defuse the fear and use the specter of the letter as a teachable moment. According to Google’s transparency report, Comcast’s NBCUniversal rank near the top of senders of copyright notices. Now that YouTube and NBCUniversal are partners on projects like streaming the Olympics, we can expect that Google will become more and more friendly with the major media conglomerates. In fact, they have begun penalizing recipients of takedown notices by moving their content down the search engine algorithm.

Pat:Yes, it’s wise to know what to do with bullies, and many cease and desist letters are acts of bullying, as are many takedown notices on YouTube. And that’s why these days people in general need to know what their rights as users are under copyright.

You’re so right, Henry, that this didn’t use to be the case. Before 1978 (and Ellen’s book is great at many specifics of this story), when a 1976 overhauling of copyright went into effect, many works were not copyrighted at all. Many copyrighted works had not had their copyright renewed. Copyright was relatively short. All that is changed. These days, copyright is default--everything I just typed is now copyrighted to me. And copyright is looooooong--this paragraph is copyrighted to me until 70 years after my death. The monopoly right I hold on this paragraph extends to derivative products--so don’t try to make a poem, a song, or a play out of this paragraph. If I send you a cease and desist letter (I’ll see if my lawyer buddy will send it on his letterhead), I’ll talk about the “statutory damages,” or extra fines, you might get slapped with if you’re found to be infringing my monopoly right. They can be as high as $150,000 per infringement, although they never actually are.

Ellen: I have watched the growth of copyright intimidation since I got an MFA in filmmaking in 1976 at Northwestern. In those days we borrowed found footage and music for soundtracks freely, shot on 16mm, and screened our work in lecture halls and art galleries like Chicago Filmmakers and even festivals did not look very closely at any kinds of rights clearances. Through thirty years of teaching, much of it in production classes, I have seen the rights culture grow but also the scale of students’ ambitions. We just wanted a hundred or so other cool experimental filmmakers to know our work-- now students angle for overnight stardom and a contract from CAA, and this does lead to trouble. This type of individual-- who we wrote the book for -- has a lot of nerve, frankly, and does not intimidate so easily.

Pat: Artists face particular challenges in the remix era, in which everything is both copyable and copyrighted, and it’s wonderful that they they are so assertive. Our dream, and I think Ellen’s as well, is to make sure they know their (and others’!) rights, they don’t accept copyright bullying, and they don’t unnecessarily self-criminalize. It’s always sad to me to see someone fiercely declare their courageous act of piracy when it might be a perfectly legal fair use. For every courageous person, there have to be ten who didn’t take the “risk,” and self-censored.

This issue matters to everybody, actually, because copyright law intersects with ordinary creative practice--not just making the great American painting or writing the great American novel or making the great American movie, but everyday tasks such as composing a birthday slide show, or making a poster for the meeting, or writing a comment on somebody’s blog, or posting a clip from your trip to the club last night on your Facebook page.

When people are intimidated by what they understand--or misunderstand--to be copyright-driven limitations on their ability to create, they stifle their own thinking, much less their creative actions. This is what Prof. Peter Jaszi and I learned from in-depth studies of creative practice in ten different creative communities, as we discuss in our book.

When they understand that copyright protects both new users and copyright holders, in the service of creating more culture, they are able to exercise their First Amendment rights with greater confidence, and this has deep ramifications in creative practice. It changes how they think about their creative choices, long before they shape a creative act.

So copyright, as one branch of what has come (in my mind, unfortunately) to be called intellectual “property,” is part of the apparatus that shapes our individual contributions to the culture. Like trademark and patent law (also part of that sphere of law that lawyers just call IP), it both constrains and rewards cultural expression. As participants in this culture, we are stuck caring about IP policy, if we care about the future of our culture.

Ellen: I differ from Pat in two ways in my focus. First, I think the bad guys will ultimately be companies like Google (owner of YouTube) and Apple. They are the next giants of media monopolization and increasingly participate in takedown notices. Google is so big by now (Apple, too) and we are so intertwined with it, that there is little way out of their terms of service. Their financial and political alliances will make them argue for free posting when it suits their interests, litigate the hell out of competitors over patent infringements when THAT suits their interests, and send out takedown notices when it is to their political and business advantage to placate copyright holders. Meanwhile they will be implacable about their own terms of use or adhesion contracts, and make up a lot of their own rules about how people access content, what is taken down, what is hate speech (as we have seen in recent weeks), and when they cooperate with governments and when they don’t.

Pat: Thank you, Ellen, for pointing out that Google isn’t necessarily not evil in this story. I don’t want to be sanguine about the future of Google or any other companies that have created path dependence or effectively offer utility services. Terms of service have a grisly ability to override rights, and vertically integrated companies have special opportunities to take advantage of customer goodwill.

People often put up with outrageous terms of service because they’re not fully aware of what they’re giving up. This is why we think it’s so important to understand what’s at risk. At the moment, copyright policy is dangerously unbalanced, tilted in favor of monopoly rights holders (I can’t in conscience call them owners, since I don’t think they own their copyright, I think they’ve been given a limited monopoly over that stuff by the government). At the same time, large media companies strongly assert their political influence over the policy process. So it’s a very unpredictable and hazardous process to try to rebalance copyright directly via legislation. It’s also very chancy to try to get more balance in the law through lawsuits, since they typically occur around outlier cases, and you can never count on a judge thinking the way you do. So practice becomes extremely important as a way to shift balance. That’s why we wrote the book--to help people take that action to rebalance via practice.

Without the empowering knowledge that they have First Amendment rights within copyright, many frustrated people who create using other people’s materials--such as remix artists--imagine falsely that they are committing a criminal act. They call themselves “pirates,” and believe they’re standing up courageously to repression. But copyright law actually permits, under fair use, people to employ other people’s copyrighted material for the creation of new culture. Our book goes into the basic logic to make a fair use decision, but basically you need to ask two questions: 1) am I using this material for its original purpose or am I repurposing in order to do something different with it? and 2) am I using the appropriate amount to accomplish my goal? And this doesn’t even have to be creating new work. Archivists and librarians routinely repurpose copyrighted material without paying for it, employing fair use successfully and without being challenged.

Pat Aufderheide is the Co-Director of the Center for Social Media and University Professor in the School of Communication at American University in Washington, D.C. She is the co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007), The Daily Planet (University of Minnesota Press, 2000), and of Communications Policy in the Public Interest (Guilford Press, 1999). She heads the Fair Use and Free Speech research project at the Center, in conjunction with Prof. Peter Jaszi in American University's Washington College of Law.

Ellen Seiter holds the Nenno Endowed Chair in Television Studies at the USC School of Cinematic Arts where she teaches courses on television and new media history, theory and criticism in the Critical Studies Division. She is the author of The Internet Playground: Children's Access, Entertainment and Mis-Education (Peter Lang, 2005), Television and New Media Audiences (Oxford, 1999), Sold Separately: Children and Parents in Consumer Culture (Rutgers, 1993) and Remote Control; Television, Audiences and Cultural Power (Routledge, 1989). Her latest book, The Creative Artist's Legal Guide:Copyright, Trademark and Contracts in Film and Digital Media Production was published in 2012 by Yale University Press.

Announcing Futures of Entertainment 6 Line-Up

We are pleased to announce that the Futures of Entertainment 6 conference will be held on Friday, Nov. 9, and Saturday, Nov. 10, at the Wong Auditorium on MIT's campus in Cambridge, MA. Registration is available here. Also, note there is a pre-conference MIT Communications Forum free and open to the public on Thursday, Nov. 8. Some details below.

At the two-day conference, each morning will be spent discussing key issues faced by media producers, marketers, and audiences alike, at the heart of "the futures of entertainment." Each afternoon, we will look into how some of those issues are manifesting themselves in specific media industries.

Here is the schedule outline, as well as some of the confirmed panelists who will be joining us at the event. More information will be released regularly from @futuresof on Twitter.

Thursday, Nov. 8

7:00 p.m.-9:00 p.m.: MIT Communications Forum Pre-FoE6 Event at Bartos Theater New Media in West Africa Panelists: Fadzi Makanda, Business Development Manager, iROKO Partners Derrick "DNA" Ashong, leader, Soulflége Colin Maclay, Managing Director, Berkman Center for Internet & Society, Harvard University Moderator: Ralph Simon, head of the Mobilium Advisory Group and a founder of the mobile entertainment industry

Friday, Nov. 9  7:30 a.m. Registration Opens

8:30 a.m.-9:00 a.m.: Opening Remarks from FoE Fellows Laurie Baird and Ana Domb

9:00 a.m.-11:00 a.m.: Listening and Empathy: Making Companies More Human Panelists: Lara Lee, Chief Innovation and Operating Officer, Continuum Grant McCracken, author, Culturematic, Chief Culture Officer Carol Sanford, author, The Responsible Business Emily Yellin, author, Your Call Is (Not That) Important to Us Moderator: Sam Ford, Director of Digital Strategy, Peppercomm

11:00 a.m.-11:30 a.m.: Coffee Break

11:30 a.m.-12:30 p.m.: The Ethics and Politics of Curation in a Spreadable Media World--A One-on-One Conversation with Brain Pickings' Maria Popova and Undercurrent's Joshua Green

12:30 p.m.-1:45 p.m.: Lunch

1:45 p.m.-3:45 p.m.: The Futures of Public Media Panelists: Juan Devis, Director of Production and Program Development, KCET Public Media Andrew Golis, Director of Digital Media and Senior Editor, FRONTLINE Rekha Murthy, Director of Projects and Partnerships, Public Radio Exchange Annika Nyberg Frankenhaeuser, Media Director, European Broadcasting Union Moderator: Jessica Clark, media strategist, Association of Independents in Radio

3:45 p.m.-4:15 p.m.: Coffee Break

4:15 p.m.-6:15 p.m.: From Participatory Culture to Political Participation Panelists: Sasha Costanza-Chock, Assistant Professor of Civic Media, MIT Dorian Electra, performing artist ("I'm in Love Friedrich Hayek"; "Roll with the Flow") Lauren Bird, Creative Media Coordinator, Harry Potter Alliance Aman Ali, co-creator, 30 Mosques in 30 Days Bassam Tariq, co-creator, 30 Mosques in 30 Days Moderator: Sangita Shresthova, Research Director of CivicPaths, University of Southern California

6:15 p.m.-6:45 p.m.: Closing Remarks from Maurício Mota and Louisa Stein

Saturday, Nov. 10 7:30 a.m. Registration Opens

8:30 a.m.-9:00 a.m.: Opening Remarks from Xiaochang Li and Mike Monello

9:00 a.m.-11:00 a.m.: Curing the Shiny New Object Syndrome: Strategy Vs. Hype When Using New Technologies Panelists: Todd Cunningham, Futures of Entertainment Fellow and television audience research leader Jason Falls, CEO, Social Media Explorer Eden Medina, Associate Professor of Informatics and Computing, Indiana University Mansi Poddar, co-founder, Brown Paper Bag David Polinchock, Director, AT&T AdWorks Lab Moderator: Ben Malbon, Managing Director, Google Creative Lab

11:00 a.m.-11:30 a.m.: Coffee Break

11:30 a.m.-1:00 p.m.: Rethinking Copyright: A discussion with musician, songwriter, and producer T Bone Burnett; Henry Jenkins, Provost's Professor of Communication, Journalism, Cinematic Arts, and Education at the University of Southern California; and Jonathan Taplin, Director of the Annenberg Innovation Lab at the University of Southern California

1:00 p.m.-2:15 p.m.: Coffee Break

2:15 p.m.-4:15 p.m.: The Futures of Video Gaming Panelists: Ed Fries, architect of Microsoft's video game business and co-founder of the Xbox project T.L. Taylor, Associate Professor of Comparative Media Studies, MIT Yanis Varoufakis, Economist-in-Residence, Valve Software Christopher Weaver, founder of Bethesda Softworks and industry liaison, MIT GameLab Moderator: Futures of Entertainment Fellow and games producer Alec Austin

4:15 p.m.-4:45 p.m.: Coffee Break

4:45 p.m.-6:45 p.m.: The Futures of Storytelling and Sports Panelists: Abe Stein, researcher at Singapore-MIT GAMBIT Game Lab; graduate student, Comparative Media Studies, MIT; columnist, Kill Screen Peter Stringer, Senior Director of Interactive Media, Boston Celtics Moderator: Mark Warshaw, President, The Alchemists Transmedia Storytelling Company Other Panelists To Be Announced Shortly

6:45 p.m.-7:15 p.m.: Closing Remarks from Heather Hendershot and Sheila Seles

7:15 p.m.: Post-Conference Workshop--The Futures of Transmedia Studies: Collaborations in and beyond Higher Education

For more information or to register to attend the conference, check out its home page.

Learning Through Practice: Participatory Culture Civics

The Media, Activism and Participatory Politics Project, which I direct, released a new working paper this week: Neta Kligler-Vilenchik and Sangita Shresthova's "Learning Through Practice: Participatory Culture Civics." The report is based on extensive interviews with members and leadership of two innovative organizations, The Harry Potter Alliance and Invisible Children (the group responsible for Kony 2012), which won the Chase Manhattan Bank's Community Giving Competition on Facebook on two consecutive years. The report describes these organizations as providing an important bridge between the expressive and social dimensions of participatory culture towards some more active engagement in civic and political life. As the summary of the report explains:  

We present the civic practices of the HPA and IC, defined as activities that support organized collective action towards civic goals. We group these civic practices into four clusters. The distinctive cluster of “Create” practices (including Build Communities, Tell Stories and Produce Media) strongly builds on the organizations’ foundation within participatory cultures. The other three clusters (Inform, Connect, Organize & Mobilize) have more in common with traditional civic organizations, but remain informed by the unique nature of PCCs. All of the practice clusters make extensive use of media, and particularly new media. In fact, engagement with media is a crucial dimension of PCCs.We argue that, while different in many respects, both HPA and IC combine civic goals with the shared pleasures and flexible affordances of participatory culture.

This research was funded by the Spencer Foundation as part of their initiatives to better understand mechanisms for promoting civic learning, but it has also been developed in dialogue with the work of the MacArthur Foundation's Youth and Participatory Politics network. I featured the initial survey data from YPP here on my blog a few months ago, and we will be sharing more reports emerging from our involvement in that network in the next year, including further research on the fan activist networks around Nerdfighters and Imagine Better, the Students for Liberty Movement, and the political lives of Islamic-American youth in the post-9/11 world. These reports will compliment our previous released study of the DREAMer movement. This report was also meant to extend upon earlier analysis we've developed around HPA and IC, including this essay published as part of a special "Fan Activism" issue of Transformative Works and Culture, and this report on Kony 2012 published here on Confessions of an Aca-Fan.

You can read the full report via the pdf embedded below:

Learning through practice kligler shresthova-oct-2-2012 from amandafo

Some of the key conceptual breakthroughs of the report are represented by a series of models, reproduced below, which describe some of these organization's core civic practices. For us, it was striking how much central forms of networking, storytelling, media production, and other communication acts were to the ongoing operations of such groups. We have been struck all along at the ways that these groups have been effective at recruiting youth who may already be active in other kinds of interest-driven and friendship-driven networks, tapping and enhancing their existing skills and social connections, and then deploying them towards social change agendas.

We began this research, and had completed our field interviews, prior to the events surrounding Kony 2012, though it has taken us a bit later to fully analyze our data and produce this report. In some ways, Kony 2012 forced into sharp relief both the strengths and limitations of these emerging kinds of Participatory Culture Civic Organizations. Here's how the report's conclusion addresses these concerns:

The events surrounding IC’s release of KONY 2012 revealed the limitations of IC’s “outward facing” abilities. On the one hand, the film’s incredible “spreadability” was a testimony to IC’s ability to speak to a much wider public than previously imagined. On the other hand, the criticisms directed at KONY 2012 challenged members, often forcing them to adopt new practices. For example, while IC members were usually well-versed in spreading the word, they sometimes had difficulty moving beyond the official story told by the organization and usually did not critique its representation of events and issues. In the days following KONY 2012, we observed highly engaged IC members forced to “drill deep” to respond to difficult questions concerning the campaign. Collaborating with each other and often without support from the organization’s leadership, IC members struggled to research questions concerning IC’s relations to the religious right or its stand on gay rights. They then used social media to share their findings with each other.

IC members’ struggles around KONY 2012 call attention to an additional civic practice, which seems largely absent within IC and perhaps other PCC organizations -- “rebuttal”, or defending your own position in the face of opposition. In more traditional political organizations, members are socialized to perceive their position as opposed to another political party. In internal discussions, members may discuss counter-arguments to their position, and learn how to defend their beliefs, ferociously if needed. The HPA and IC tend to operate differently. These organizations rely on community relations, friendship and fun. They thrive in environments that are generally perceived as supportive and welcoming. Members tend to offer polite feedback, not sharp critique. They often try to avoid discord. These characteristics are part of what makes PCC organizations so inviting and hospitable to young people. At the same time, IC should have anticipated some of the criticism it received, yet it failed to prepare its rank and file to respond to the push-back on its KONY 2012 campaign. Their training in personal and collective storytelling, say, had not given them the background they needed to engage in the less consensual political debate. Moving forward, we suggest these organizations may have to consider how to cultivate this ability, while at the same time maintaining the warm environment that usually renders it unnecessary.

We hope that these closing critiques offer some ways forward for the new kinds of Participatory Culture Civic organizations we are studying and we plan to be spending more time looking at the ways such groups might foster stronger critical literacy skills, especially those around investigation and argumentation, in the future.

Sangita Shresthova is the Research Director of Henry Jenkins' Media Activism & Participatory Politics (MAPP) project based at the Annenberg School for Communication and Journalism at USC. She is a Czech/Nepali international development specialist, filmmaker, media scholar, and dancer with extensive interdisciplinary qualitative research experience. She holds a Ph.D. from UCLA's Department of World Arts and Cultures, and a MSc. degree from MIT's Comparative Media Studies program where she focused on popular culture, new media and globalization. She also earned a MSc. in Development Studies from the London School of Economics and Political Science (LSE). Her work has appeared in several scholarly journals and her book on Bollywood dance and globalization (Is It All About Hips?) was published by SAGE Publications in 2011.

Neta Kligler-Vilenchik is a Doctoral candidate at the Annenberg School for Communication and Journalism at USC. She works with Henry Jenkins and Mimi Ito on the Media, Activism, Participatory Politics (MAPP) project, as part of the Youth & Participatory Politics (YPP) Network, where she is investigating how youth’s involvement in participatory cultures and new media encourages their civic engagement. The case studies she works on focus on organizations and groups building on networks of fandom, online and off-line, with the aim of encouraging and sustaining young people’s involvement in civic life. Neta is currently working on her Doctoral thesis on alternative citizenship models and their potential for youth civic engagement. She holds an M.A. in Communication from the University of Haifa, Israel.

Digital Detournement: Jamming (With) the Simpsons-Banksy Intro, Jonnystyle

The politics and poetics of remix culture remains an ongoing interest of this blog. It's no secret that my own interests in this issue goes back to my early work about fan culture in Textual Poachers: Television Fans and Participatory Culture (some twenty plus years ago) or that I regard meaningful and ethical appropriation to be one of the core media literacies of the 21st century. I recently had a chance to sit down with Moritz Fink, a German-based researcher who has been doing some provocative work looking at The Simpsons in relation to the larger history of cultural jamming politics, a project which seeks to rethink culture jamming not simply as a disruption or interruption of mass media feeds but also as having the potential to "jam with" popular culture, creating something new out of the raw materials provided us by mass media producers. Anyone who has thought about The Simpsons and especially its relationship with Rupert Murdock's Fox Network recognize that there's something curious going on here: The Simpsons both embodies a highly successful commercial franchise, one which extends across conglomerate media, and at the same time, it often models subversive and resistant relationships to corporate culture, going back to its roots in alternative comics. Early on, Matt Groening embraced the grassroots entrepreneurialism represented by the "Black Bart" T-shirts which transformed the Simpsons into a vehicle for Afro-Centric critique of white culture.

As we were talking, Fink shared with me a really compelling and more recent example of how The Simpsons sought to incorporate a street art aesthetic (by employing Banksy to design a special credit sequence) and then how this incorporation was taken up and critiqued by another remix artist (Jonnystyle). This seemed like a very "teachable moment," i.e. a rich example which many of us might draw into our classes as we seek to explain cultural politics with our students, so I asked if he would be willing to write up and share his analysis through this blog. I am very proud to be passing his piece along to you today.

Digital Detournement: Jamming (With) the Simpsons-Banksy Intro, Jonnystyle

by Moritz Fink

How many culture jammers does it take to change a light bulb? The answer is four: one to hold the camera, one to call the news, and another two to install a huge neon sign that reads turn the lights off day.

No, I don’t mean to make fun of culture jammers. In fact, I’m with former Dead Kennedys singer and culture jammer Jello Biafra’s notion: “A prank a day keeps the dog leash away.”[1] Especially in world saturated by media images and corporate-sponsored messages, culture jamming appears to be the most compelling form of rhetoric to make a voice of dissent heard. What I find irritating, however, is the common identification of culture jamming with a cliché of cultural pessimists and sticks-in-the-mud.

Initial to the theorization of culture jamming was Mark Dery’s groundbreaking 1993 essay, Culture Jamming: Hacking, Slashing, and Sniping in the Empire of Signs. For Dery, culture jammers answer Umberto Eco’s call for “communication guerillas”: “Intruding on the intruders,” he writes, “[culture jammers] invest ads, newscasts, and other media artifacts with subversive meanings; simultaneously, they decrypt them, rendering their seductions impotent.” Dery’s portrayal of anti-corporate or anti-consumerist activists such as the Billboard Liberation Front and Adbusters magazine under the catchy label culture jamming went viral. It just worked -- both as an umbrella term and popular buzzword.

But differentiating between a culture industry in the tradition of the Frankfurt School and the consumers, who get “seduced” by it, gets increasingly difficult. The end of network television and the rise of the Internet as a new participatory medium are but the two most evident developments that indicate how profoundly the cultural infrastructure has changed during the 1990s. Thus, if we still cling to the notion of culture jamming as a practice of would-be revolutionaries who perceive the (mass) media as a monolithic entity and one-way communication tool, we’re rendering the term obsolete instead of updating it for the 21st century.

I would like, therefore, to argue against a definition of culture jamming that privileges the countercultural (though it is undoubtedly part of the concept). Culture jamming has never just referred to a jamming of culture (as negation); it always included a jamming with culture (as artful appropriation). Adbusters, for instance, has never been only a form of cultural criticism and disruption; it has always been a form of cultural production, too. Although Adbusters represents an anti-corporate stance, it is an active part of the media landscape as we see it today. Vice-versa, the culture industries -- despite their capitalist raison d’être -- do not necessarily reinforce a capitalist ideology; some of their products involve anticorporate or anticonsumerist messages, for example, in forms of satire.

The year the Adbusters Media Foundation was born, 1989, also saw the debut of the television series The Simpsons, one of the most popular forms of satire today. A double-coded text, The Simpsons isn’t only a mainstream product and brand that brings millions of dollars to its producers as well as its mother network, the Murdoch-owned Twentieth Century Fox. At the same time, it’s a text that appropriates other artifacts of popular culture and satirically comments on their cultural meanings and contradictions (including parodying itself and its own context of commercial television).

In one of The Simpsons’ annual Halloween episodes, for instance, the people of Springfield face an armada of gigantic turned-to-life billboards and corporate mascots that literally intrude into their lives, rampaging through the town and destroying their homes. Finally, it is Lisa who successfully turns off the invaders (ironically by performing an anti-ad jingle together with the singer Paul Anka -- what Planet Simpson author Chris Turner compares to the tactics used by culture jammers). Lisa is “intruding on the intruders,” if you will; she beats the corporate monsters at their own game. In the final scene we see Springfield’s news reporter Kent Brockman talking into the camera (and thus implicitly addressing the viewers of The Simpsons): “Even as I speak, this scourge of advertising could be heading towards your town. Lock your doors! Bar your widows! Because the next advertisement you see could destroy your house and eat your family.” Then Homer appears in the image’s frame and adds the televisual commonplace, “We’ll be right back,” and The Simpsons cuts to commercials.

Of course, it’s not that The Simpsons invokes its audience to turn off their TV sets (you don’t want to bite the hand that feeds you, right?). But the popular show has successfully redefined the boundaries of what can be said and done on and with television by offering trenchant social satire and sophisticated media parody. On the air for more than two decades now, The Simpsons has inspired several generations of what Alvin Toffler, back in the 1980s, envisioned as “prosumers” (a neologism coined of the words “producer” and “consumer” that has become reality at least with the development of Web 2.0).

If prosumers create texts that evoke a level of critique or challenge towards the corporate media, we can discuss these texts as forms of culture jamming. To illustrate this point, I will show you a video clip that I found on YouTube during my research on the cultural meanings of The Simpsons. It is a mashup of the special Simpsons opening sequence created by the show’s writers in collaboration with British street artist Banksy for the 22nd-season episode “MoneyBART” (2010). But before we start, here’s the original…

http://www.youtube.com/watch?v=DX1iplQQJTo

…and here’s what became out of it: The creator of the mashup clip, who goes by the name of Jonnystyle, took the original intro sequence with all the self-ironic, postmodern shticks it sported in typical Simpsons-style, and transformed it into a critical response on both The Simpsons and Banksy.

http://www.youtube.com/watch?v=WUwV3brLbYI

Mmm... Subversion

To be sure, the original title sequence is interesting in its own regard. It starts like every Simpsons intro -- the opening credits, the show’s theme, snapshots of life in Springfield. For those who watch The Simpsons now and then, however, it is already clear that this is not going to be an ordinary day in Springfield, not a normal Simpsons episode (no, I’m not referring to the new HD opening here -- it was already introduced one year before, during season 20.) If they hadn’t known before from the Internet or TV Guide, viewers may first note the visuals through which Banksy’s pseudonymous signature was added to the Simpsons text. We see a billboard with a “Banksy” tag on it; or Bart writing repetitively “I must not write over the walls” in what is known to Simpsons fans as the “chalkboard gag” (after all, Bart is writing all over the walls). While these visual jokes are supposed to conjure up the anarchic spirit inherent to street art, Banksy’s political voice becomes especially explicit as the Simpson family gathers around the couch. With a sinister tune, we are shown what is underneath the happy cartoon show. In a dungeon-like, premodern setting, a battery of workers, apparently Asian children, produce Simpsons material: animation cells, Bart Simpson dolls and other merchandise articles, Simpsons DVDs, and so forth. Clearly, in a highly satiric fashion, Banksy’s grim portrayal references the show’s outsourcing to South Korean sweatshops.[2]

So far, so good. But what to make of this media fragment? Of course, a mere one-minute, forty-four second farce may seem negligible in contrast to the show’s economic status as cash cow for Twentieth Century Fox, a subsidiary of the massive conglomerate News Corporation.[3] After all, it’s only with Rupert Murdoch’s blessing that The Simpsons is able to broadcast such a trenchant form of satire. Although The Simpsons is provided with more creative freedom than virtually any other program in mainstream TV, it is still filtered by Fox’s executives.[4] And yet, what could be more indicative of The Simpsons’ meaning as pop cultural institution and avant-gardist than inviting of one of today’s most popular culture jammers and enabling him to criticize the show’s own exploitative practices. Postmodern chic? Perhaps. But certainly, a win-win-situation for both The Simpsons and Banksy.

We don’t know much about the production of the Simpsons-Banksy intro. It is pretty obvious, though, that Banksy only contributed to the storyboard of the sequence but wasn’t very much involved in the visuals of it. It is all Simpsons, nothing really Banksy-esque about it. Everything is shaped in the smooth, iconic Simpsons look.

Banksy’s Exit Through the Simpsons Gift Shop

What the original sequence lacks -- or, perhaps, what it is not able to provide given Fox’s restrictive policies -- is, however, achieved by Jonnystlye. On an animation cell we see the Simpson family sitting on the couch, and Jonnystyle writes himself into the Simpsons text. Homer transforms into a Simpsonized version of Jonnystyle’s recurring character, a big-headed cartoon with a moustache (in fact, at this point, it still could be an actual Simpsons “couch gag”). We see a hooded cartoon character (apparently Banksy), tagging a billboard with the slogan “Banksy” (still, perfectly realized in Simpsons iconography). Then appears Jonnystyle’s alter-ego and starts to chase the masked stranger. As both characters literally jump out of the frame, they morph into animated sketches on a scratchpad. Jonnystyle pulls down the black cloak of the Banksy avatar to reveal Mr. Burns, whom he smacks back into virtual space of the original Banksy-Simpsons title sequence.

Then comes my favorite part. While in the original intro sequence we see a machine that incessantly produces Bart Simpson dolls, in the Johnnystyle version the same machine vomits a hooded Mr. Burns figure. In the next scene, we see an array of these action figures in a supermarket shelf, completely arranged in Simpsons design and packaging that features the name “Banksy.”[1] As the camera zooms out, it shows the Fox logo, modified to read “20th Century Fox -- Gift Shop” along with the brand logos of Ebay and Toys “R” Us as well as Polygone (which refers to a mall in Montpellier, the French city where Jonnystyle is from). To great effect, the shot parodies the original ending of the Banksy-Simpsons intro in which the Fox logo is depicted as huge monolith in the midst of a prison camp secured by barbed wire fence, watching towers, and searchlights. Also in mockery of the original, in the very last scene of the Jonnytstyle video, we see -- as usually at the end of The Simpsons’ intros -- an animated TV set with the credits (actually it reads “Copyright of Matt Groening” in the Jonnystyle clip) blended in, as well as a sledge hammer on top of it. As The Simpsons intro theme ends, the credits on the television screen read “Diverted by Jonnystyle.” We hear birds singing peacefully as the lower part of a real-life figure (Jonnystyle?) enters the scene, grabs the hammer, and with a loud BANG smashes the tube. At the point the screen bursts, we realize it actually was a real-life TV which just has been battered to pieces. Awesome.

So, what does the Jonnystyle video clip tell us? On one level, it illustrates many aspects of participatory culture in the Web 2.0 age. Not only is the clip circulated via YouTube, it also jams with The Simpsons with the same creative wit and pop cultural sensibility that The Simpsons has tapped into and taught its audience since the show’s inception, and especially before it became little less than a global institution of popular culture. In short, Jonnystyle embraces the series’ genuine aesthetics in order to write his own voice into the Simpsons text.

On another level, Jonnystyle revises the original sequence in that he provides us with several layers of critique. This aspect of culture jamming built into the remix clip is what I find particularly interesting. First of all, it is pretty obvious that Jonnystyle confirms Banksy’s original criticism of The Simpsons as a corporate brand in the age of globalization with everything that this entails. In addition to that, however, his video foregrounds Banksy’s own hypocrisy in this respect. Isn’t, after all, Banksy himself a brand?, the video implicitly asks. In this regard, it is no coincidence that Jonnystyle demasks Banksy as being Mr. Burns (read: the embodiment of capital and big business on The Simpsons). In linking Banksy with big business, Jonnystlye echoes the common accusation among street artists of Banksy being a sellout.

The sellout debate suggests another parallel to The Simpsons. In fact, a lot of Simpsons fans decried the series’ selling out as it went mainstream during the early 1990s. This parallel, then, is also present in Jonnystyle’s depiction of the Fox logo that comes along with the affix “Gift Shop.” Perhaps this allusion to Banksy’s 2010 pseudo-documentary film Exit Through the Gift Shop was unintended, but regardless, it captures well the overall tone of the Jonnystyle video.

Digital Detournement

According to Jonnystlye, his work is a sort of “détournement,” and I think this label helps us to understand what the video is doing. Originally, the term détournement refers to subversive aesthetic practices executed by the Situationist International, a French art collective of the 1950s and early 1960s. One of the leading figures in the Situationist circle was the Marxist intellectual artist Guy Debord. Mostly known as author of Society of the Spectacle, which is widely considered to be one of the central texts of the student revolts in France in 1968, Debord also wrote a number of political essays. In co-authorship with fellow artist Gil J. Wolman, Debord elaborated on the concept of détournement in a 1956 piece titled “A User’s Guide to Détournement.” Typical of left intellectuals at that time, Debord and Wolman bathe in philosophical -- especially Hegelian and Marxian -- language to describe their vision of a dialectical form of appropriative art which approaches a so-called “parodic-serious stage.”[5] In other words, their concept calls for subcultural appropriation that negates the ideology of the dominant (capitalist) culture.

Détournement, according to Debord translator Ken Knabb, means “deflection, diversion, rerouting, distortion, misuse, misappropriation, hijacking, or otherwise turning something aside from its normal course or purpose.” At this point, I do neither want to go into detail of Debord and Wolman’s original conception of détournement as a revolutionary practice (e.g., what they refer to as “literary communism”), nor do I want to suggest that the Jonnystyle video operates according to the Situationists’ and Debord’s vision of détournement. For Debord and Wolman, the film medium was a powerful vehicle for détournement, and Debord’s own films, like his 1961 Critique de la séperation (“Critique of Seperation”), suggest what he understands as a filmic form of détournement. In fact, the usage of clippings and images from other films or newsreels and the aspiration for Brechtian distanciation effects as we see it on Debord’s films creates an avant-garde aesthetic that is very different from Jonnystyle’s entertaining riff.

Nonetheless, there are two factors that strike me in this regard. First, Jonnystyle (like Debord, a French native-speaker, albeit unaware of the historic background of the term) refers to his video as a form of “détournement,” by which he means subversive content disguised as a piece of “official” culture.[6] Second, Jonnystyle’s reformulation of the term is situated in a media environment that differs significantly from what Debord calls a spectacular society back in the 1960s. As Henry Jenkins points out, we live in a media culture where contexts converge, “where old and new media collide, where grassroots and corporate media intersect, where the power of the media producer and the power of the media consumer interact in unpredictable ways.”[7] Hence, mediated détournement in the age of Web 2.0, what I propose to call digital detournement (the removal of the accent should imply the updated account of the term), does not so much come out of the motivation to negate the media per se, but rather to challenge the culture industries that distribute and sell the media content. Forms of digital detournement aren’t meant to disrupt communication channels; rather they understand these channels as their infrastructure and use the possibilities provided by the digital media age, such as YouTube, to circulate their subversive comments on the corporate media.

The Jonnystyle video is illustrating many aspects of this new media generation. Rather than taking snippets almost randomly from the realm of media, Jonnystyle deliberately appropriates one specific and also very popular media fragment to write his own narrative into it, and circulate the product in DIY fashion on YouTube and Vimeo. His ways of modifying the original, as well as circulating his mashup, then, are not acts of cultural pessimism. As I mentioned before, Jonnystyle embraces The Simpsons to create a new work that is sophisticated both in its aesthetics and critique vis-à-vis The Simpsons and Banksy. And, at another level, Jonnystyle’s critical voice -- represented by the virtual unmasking and butt-kicking of Banksy and the demolition of the tube (read: The Simpsons) at the very end -- emerges through gestures of culture jamming.

These different levels tell us a lot about the understanding of pop culture today as it is illustrated by the work of Banksy and, probably even more significantly, by The Simpsons. Jonnystyle does not “hate” the culture he criticizes -- rather, he is an insider. Jonnystyle adopts the materials and even the style of the culture he toys with. Yet all this reworking isn’t done with a bitterness; it is executed in a affectionately playful way and with an eye for the detail.

Conclusion

The Simpsons exemplifies one of the major contradictions of mass culture today -- that is, how mainstream can a product become, and yet still considered “oppositional”? Perhaps The Simpsons’ writers saw a connection there when they asked Banksy to do something for the show (indeed, Banksy’s rise from underground artist to major pop phenomenon is somewhat similar to The Simpsons’ cultural history). Or, was it because they were fans of Banksy? Of course, it would be just as plausible to suggest that Matt Groening & Co. figured it would be cool (let alone would pay off) to have a really famous guest star and hip cultural phenomenon for the show.

All this brings us back to Jonnystyle’s digital detournement. Jonnystyle appropriates the text, not only to artfully jam with it, but also to add a critical perspective to it -- to jam the capitalist culture that is behind it, so to speak. In creative ways, he demonstrates his individual counter-reading of the original text. What Jonnystyle does is to implement a perspective of correction. His work articulates contradictions the Simpsons text necessarily entails. That Banksy considers himself a culture jammer is certainly just one of the paradoxes Jonnystyle reveals about the original intro. At the end of the Jonnystyle clip, the television screen -- surely one of the major foci of the Simpsons series -- gets smashed with a sledgehammer, an option the consumer-critical Simpsons by nature cannot and will never suggest.

---

[1] From my interview with Jonnystyle, I learned that he had taken original Mr. Burns action figures from The Simpsons to remake--and thus repurpose--them in that fashion.

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[1] Qtd. in Mark Dery, “Culture Jamming.” http://markdery.com/?page_id=154.

[2] Banksy and The Simpsons’ writers were criticized for their morbid and degrading representation of Korean animations studios as sweatshops. http://www.time.com/time/world/article/0,8599,2027768,00.html.

[3] See Linda Holmes. “‘The Simpsons’ Tries To Get Its Edge Back With A (Kind Of) Daring Opening.” http://www.npr.org/blogs/monkeysee/2010/10/12/130509380/-the-simpsons-tries-to-get-its-edge-back-with-a-kind-of-daring-opening.

[4] This is also true for the Banksy-intro, even so, as Simpsons executive producer Al Jean mentioned in an interview with The New York Times, about 95 percent of Banksy’s original storyboard made it into the final version. http://artsbeat.blogs.nytimes.com/2010/10/11/the-simpsons-explains-its-button-pushing-banksy-opening/.

[5] Guy Debord. “A User’s Guide to Détournement.” Trans. Ken Knabb.  Bureau of Public Secrets. http://www.bopsecrets.org/SI/detourn.htm>

[6] Interview with Jonnytsyle conducted via email in June 2012.

[7] Henry Jenkins. Convergence Culture: Where Old and New Media Collide. New York: NYU P, 2006, p. 2.

Moritz Fink is a doctoral candidate in American Literature and Cultural History at the University of Munich. His dissertation project explores the cultural meaning of the television series The Simpsons in relation to cultural convergence and culture jamming. His areas of interest are media and television studies, cultural studies, disability studies, visual culture, political humor, and satire. Outside of his academic career, he’s a passionate musician and graphic designer.

Communication and Technology: A Sylabus Designed to Support Networked Learning

Lsst time, I shared some of my current thinking about the challenges of designing an "open-laptop exam" and the new approach we have sought to apply to my lecture-hall scale class on new media and culture this term. Today, I share the actual syllabus for the course and the ways we have set it up for the students.  

A key thing to notice here is that we introduced the notion of new forms of learning from the very first day of class, making it part of the course content and not simply part of the course mechanics. We have also introduced assignments -- such as one around Wikipedia -- which focus students on how networked communities do work together to achieve shared goals, again in anticipation of what happens when we move into a more collective mode for the second part of the class. Our goal has been to be as explicit and transparent as possible about each element of the class design and to link it to the larger concepts this class seeks to explore. It might be harder to be this reflexive about the process in a different kind of subject.

Second, I designed the requirements to give students an increased sense of control over their performance in the first half of the class, when they are functioning primarily as individuals, by having multiple paths to success, and we have also designed the discussion sections and topics across the term to have an emphasis on the investigative process, so that when we turn to collective problem solving in the second part, they will already have worked in teams of various sizes to think through basic issues around digital culture which have a strong applied dimension. I plan to share some samples of these small group activities later in the term. So keep an eye on this blog.

I am reluctant to say too much about the class itself while it is still in process. But I will say that so far, we all seem to be having fun with this new approach and the students seem, if anything, less anxious than they had been under more traditional assignment structures. But, we are still in the more familiar, individualized portion of the class, and I do not yet know what happens when we make the shift at the mid-term, just a few weeks from now.

COMMUNICATION & TECHNOLOGY

ANNENBERG COMM 202 - FALL 2012

Monday & Wednesday, 2:00pm - 3:20pm

ASC G26 (The Auditorium)

INSTRUCTOR:

Professor Henry Jenkins

TEACHING ASSISTANTS:

Rhea Vichot

Andrew Schrock

Meryl Alper

CLASS OVERVIEW

This class is intended as an introduction to issues of media, technology, culture, and communication as read through the lens of contemporary debates concerning the Web and digital culture more generally. Each class session will explore a central question that has emerged from popular and academic responses to the ways our society has dealt with introduction of the Internet, with readings drawn from a range of sources including journalistic and scholarly writings and major policy statements and white papers.

We will start with a focus on your own experiences as part of a generation that has grown up in a world where digital media use -- and opportunities to participate in networked communication -- have been widespread. We will explore what impact these experiences have had on your styles of learning, your sense of privacy, and your social interactions with your peers.

From there, we will broaden our consideration to think about the process of media change, drawing examples from both the history of the Internet and from the history of earlier communications technologies (from the printing press to the telephone, photography, the phonograph, film, and television). In this unit, we will consider what factors shape the embrace or rejection of new technologies, whether change is even across segments of society or across different parts of the world, and whether new media has encouraged greater interests in forms of cultural and civic participation.

In the third section of the class, we will sharpen our focus to deal with specific sites of media change, especially those concerning the intersection between old and new media, including those concerning advertising, cultural production and distribution, news, and political debate. Here, we will consider two core concepts – “Web 2.0” and “Piracy,” both of which represent points of conflict between the interests of media companies and their publics.

COURSE DESIGN & LEARNING OUTCOMES

The design of this course has been very much shaped by its content. Research is suggesting some fundamental shifts in the way knowledge is produced in the digital era, having to do with the access of participants to small and large scale networks which collaborate and debate information together. As a consequence, this course progresses from students seeking to identify your own strengths as learners and participants within a digital culture towards students making contributions to a larger collective intelligence process.

For the first half of the course, then, you will be graded individually while during the second part, you will function as part of knowledge communities (small scale teams) which will be graded collectively based on their effectiveness at responding to more complex challenges. For the first part of the course, you will be expected to do each of the readings and be ready to share what you understood from them. For the second part, more reading is assigned each day than could be done by an individual student with the expectations that the teams will divide the labor appropriately to insure that each group has mastered the material. The teams will be able to rehearse their collaborative skills through discussion group activities across the term, each of which are designed to apply the course concepts to specific aspects of contemporary digital culture.

PARTICIPATION

Because this class is structured around inquiry and dialogue, students will be expected to attend class sessions and respond to questions from the instructor. We will be calling on students individually across the semester, so you need to come to class prepared to contribute, and we will be keeping records of who volunteers and how well you respond to the questions they are asked.  This course is as much about teaching new ways of thinking as it is about conveying specific bits of content, so you need to be able to sharpen your ability to contribute to some of the central debates impacting contemporary culture.

READINGS

All course materials can be found on Blackboard. Many of these materials were originally published in digital formats, some of which take advantages of the specific affordances of the web, so students are strongly encouraged to read them online, and be selective about what materials they chose to print out in order to be environmentally conscious.

LAPTOP POLICY

You are expected to bring and use laptops, tablets, or other wireless devices during the class. While you are discouraged from doing non-class related activities that might distract you or your other students from the learning process, we will be actively deploying online resources throughout our discussion.

ASSIGNMENTS & GRADING

All assignments are due to your TA at the beginning of your discussion section. Your TA will explain the format and method for turning in your assignments in the first week’s discussion section. All assignments should include a list of citations (see Academic Integrity Policy below). You will receive graded feedback on your papers and graded scores on your exams. Students will automatically lose one point for each day the paper is late, unless arrangements have been made prior to the due date with your TA.

Fifty percent (50%) of the class grade will be based on individual performance (prior to the midterm exam) and fifty percent (50%) will be based on collective performance (after the midterm exam). Your final semester grade will be an average of the two letter grades derived from both columns below.

Semester Breakdown

First Half (8 Weeks) - Individual1. Participation in online forum (7 points + 3 additional)

2. Participation in class (10 points)

3. Attendance + participation in discussion section (7 points + 3 additional)

4. Autobiographical essay (5 points)

5. Reporting on Wikipedia (10 points)

6. Midterm Exam (20 points)

TOTAL POSSIBLE: 65 points

Second Half (7 Weeks) - Teams7. Collective Problem Solving (5 points per week for 4 weeks, 20 points total)

8. Collective Participation (10 points)

9. Final Exam (30 points)

10. Individual Reflection (5 points)

TOTAL POSSIBLE:  65 points

A+: 58 points or moreA: 55-57 pointsA-: 50-54 points

B+: 48-49 points

B: 45-47 points

B-: 40-44 pointsC: 35-39 points

D: 30-34 points

F: Under 30 points

First Half: Individual Performance

In the individual performance section, you may choose from a range of different mechanisms for acquiring points and thus demonstrating your mastery over the course materials. This formula allows you to play to your strengths as a learner and to focus your energy in ways which allow you to best demonstrate what you know.

1. Participation in online forum (Up to 10 points)

Every week, you will be expected to use Blackboard's Forum to share a core question or thought that emerges from the assigned readings. These questions can be a paragraph or so and informal, but they are intended to help the instructors better understand how the students are relating to the class materials and content.  You will get a Check if you make a substantive comment, which poses questions about the core premise of the readings, which uses outside examples to expand our understanding of the core concept, or otherwise shows creative and critical engagement with the course content.  In rare cases, you may receive a plus if your work goes well beyond what is typical for the class on a given assignment. You will not receive any points if the work turned in is perfunctory. You will be expected to post seven times prior to the midterm exam, so most students will receive 7 points on this assignment, but you may receive up to 10 points in cases of exceptional performance.

2. Participation in Class (Up to 10 points)

Our regular meeting sessions will be a mixture of lecture, screening, and discussion. You are expected to attend and be prepared to participate, and the instructor will be calling periodically on each student throughout the term. You will receive points based on your ability to meaningfully contribute, whether voluntarily or when called upon.

3. Attendance and Participation in Discussion Sessions (Up to 10 points) The Discussion Session is a central element in the class and attendance is mandatory. Regular attendance at all sessions will gain 7 points; students may acquire up to 3 additional points if they actively participate in the class discussions. Students lose one point for each class session they miss.

4. Autobiographical essay (Up to 5 points)

The opening sessions of the class explore the debates around the issue of how new media technologies and practices have shaped the current generation of students with some writers speaking of “digital natives” who have become very adept at navigating the online world and others dismissing the “dumbest generation” for its lack of familiarity with more traditional kinds of print literacy.  You should respond to one of the essays we’ve read or videos we’ve watched in class which stakes out a position on this issue.  You will draft a short (5 page) essay exploring their own relationship to new communication technologies and practices. There are many valid ways of approaching this assignment. You might describe a particular program you use regularly and how it impacts your day to day activities. You might trace your evolving relations to computers. You might describe a specific activity that is important to you and talk about the range of technologies you deploy in the pursuit of these interests. In each case, the paper is going to be evaluated based on the ways you deploy your personal experience to construct an argument about the nature of new communication technologies and practices and their impact on everyday life. The more specific you can be at pointing to uses of these technologies, the better. You do not need to make sweeping arguments about "Today's Society" but you do need to argue how particular technologies and practices  impacted specific aspects of your own experience. For some sample essays that achieve our goals for this assignment, see:

Henry Jenkins, "Love Online" http://www.technologyreview.com/web/12979/

Hillary Kolos, "Bouncing Off the Walls" http://henryjenkins.org/2009/05/bouncing_off_the_walls_playing.html

Flourish Klink, "The Radical Idea That Children Are People" http://henryjenkins.org/2009/06/the_radical_idea_that_children.html

5. Reporting on Wikipedia (Up to 10 points)

Identify a Wikipedia entry that has undergone substantial revision. Review the process by which the entry was written and the debates which have surrounded its revision. Write a five-page essay discussing what you learn about the process by which Wikipedia entries are produced and vetted. How does the discussion and debate around the entry draw on the core principles of the Wikipedia community? Again, this paper is intended to combine research and analysis. You will be evaluated based on the amount of research performed, on the quality of the analysis you offer, on how you build off concepts from the readings and the lectures to help frame your analysis (including, ideally, direct references to specific readings), and on how well you understanding the nature of the new communications environment.

6. Midterm  Exam (Up to 20 points)

The exam will be open-notes. It may include a mix of identification terms, short answer, and essay questions. The terms and essay questions will be selected from a list circulated in advance. The Midterm Exam will cover material from the first two units.

Revisions & Extra Credit

You will be allowed to revise ONE of the two essays to be considered for a higher grade. The paper must be turned in no later than two weeks after the original paper was returned. The grade will only be raised if the revisions substantively address one or more of the criteria for the paper's evaluation. Students who simply correct cosmetic or grammatical errors identified by the grader will not receive a higher score.

Second Half: Collective Performance

Following the midterm, students will be divided into teams organized around their discussion session.  The teams will be assessed based on their collective performance on the assignments.  The class is designed so most, if not all, of the synchronous work of the teams is done within regular course meeting times, minimizing the need for outside meetings. Teams are encouraged to experiment with tools such as Googledocs, Skype, and social media in order to coordinate their efforts beyond the regular sessions.

1. Collective Problem Solving (Up to 5 points per week, for a total of 20 points)

Each week, the teams will be asked to use the discussion section time to work through problem sets as a group, pooling your knowledge from the class and beyond in order to answer complex questions which you would not be able to address as individuals. The TA will function as a coach helping the team develop strategies for dividing up the problem and developing a coherent response in the hour devoted to the discussion session. Students teams can acquire up to 5 points each week based on the thoroughness, originality, clarity, and accuracy of their responses to the problems. We will work through four problem sets together in discussion section before students are asked to coordinate and collaborate in responding to the exam. You are expected to attend and participate actively in these sessions; you will not receive any point earned by the group in an activity on which you were absent from class.

2. Collective Participation (Up to 10 points)

Each team will gather a collective score based on their regular attendance and participation in the lecture and discussion sections. While the instructors called on individual students by name throughout the first part of the term, we will now be calling on teams. Each team should determine its own name and develop strategies for delegating responsibilities for answering questions. Teams can acquire up to 10 points based on their participation and class attendance.

3. Exam (Up to 30 Points)

Student groups will be given three questions at the beginning of lecture on Monday, December 3 and will be responsible for completing them by the end of lecture on Wednesday, December 5. It is expected that groups will use the Monday lecture slot to start planning (and possibly writing) their answers and the Wednesday lecture slot to finalize their answers. Groups are allowed (indeed encouraged) to work on the exams in-between the two lectures. The questions on the exam will resemble the questions groups will have worked on in section except that they will require that answers synthesize material from throughout the second half of the semester (though you are welcome to include material from the first half of the semester and/or outside sources). A collective score (up to 30 points) will be given to each team based on the thoroughness, originality, clarity, and accuracy of their responses. (Note: Students are allowed to *consult* with members from groups other than their own while working on the exam, but they must acknowledge all consultation, and groups must write original answers with cited sources. More specifics on permissible and impermissible collaboration will be provided with the exam).

4. Individual Reflection

For the remaining 5 points of the collective performance grade, students have two options. Individuals can choose either option and this is the only portion of the collective performance grade that students will be graded on individually. The instructors would prefer you choose the first option, but you will not be penalized for choosing the second option.

Option 1: Adam Kahn, a doctoral student at Annenberg, studies group collaboration and is interested in using COMM 202 in a research study he is conducting. For Option 1, all you have to do is fill out a few (no more than 4), brief (no more than 10 minute) surveys throughout the semester. These surveys are ungraded...by completing all of the surveys he administers, you will receive the full 5 points (you must complete all of them though to receive any points). To protect your confidentiality and grades, Professor Jenkins and the TAs will never see your responses to the survey. On the surveys, you will be identified only by your USC ID number. This will allow Adam to let the teaching staff know at the end of the semester that you have completed the surveys, but at the same time protect your anonymity, as Adam has no way to translate a USC ID number into your name. By participating in the surveys, you are also allowing Adam to associate your grades (again, identified only by USC ID number) with your survey responses.

Option 2: If you do not want to participate in the research study, you can write a 5 page paper comparing your experiences taking tests as an individual with taking tests as a group.

ATTENDANCE POLICY

Attendance at all lectures and discussion sections is expected and has been built into the grading of the class. In lecture, we will not take attendance per se, but if you are called upon and are not able to answer because you missed class, you will not receive points for that session. Flexibility for dealing with emergencies is built into this mechanics since there are multiple ways to gain the number of points required to make an A in the class.

For those assignments which require/allow collaboration, students are required to disclose all people who contributed to their process and identify all outside sources they drew upon in developing their answers. Failure to do so will be considered academic dishonesty.

SEMESTER SCHEDULE & READINGS

PART 1: LIVING AND LEARNING IN A NETWORKED CULTURE

Week 1, Day 1

Monday, August 27

Are You a Digital Native?

• No readings.

Week 2, Day 2

Wednesday, August 29

Is Google Making Us Stupid?

• Nancy Baym, "Making New Media Make Sense," Personal Connection in the Digital
 Age (New York: Polity, 2010),
 pp. 22-49.

• Nicholas Carr, "Is Google Making Us Stupid?" The Atlantic, August 2008. http://www.theatlantic.com/magazine/archive/2008/07/is-google-making-us-stupid/6868/

• Clay Shirky, “Does the Internet Make You Smarter?,” The Wall Street Journal,  June 4 2010,

http://online.wsj.com/article/SB10001424052748704025304575284973472694334.html

Week 1 Discussion Section

Course Mechanics; Autobiographical Essays

Week 2, Day 3

Monday September 3

NOTE: NO CLASS. Today is Labor Day.

Week 2, Day 4

Wednesday, September 5

How Are Educators Responding to the Challenges of a Networked Culture?

• Screen: New Learners of the 21st Century

• Ilana Gershon, “Fifty Ways to Leave Your Lover,” The Breakup 2.0: Disconnecting over New Media (Ithaca, NY: Cornell University Press, 2010), pp. 16-49.

.Henry Jenkins et al, Confronting the Challenges of a Participatory Culture: Media Education for the 21st Century (MacArthur Foundation, 2006), http://digitallearning.macfound.org/atf/cf/%7B7E45C7E0-A3E0-4B89-AC9C-E807E1B0AE4E%7D/JENKINS_WHITE_PAPER.PDF

Week 2 Discussion Section: Would You Break Up Online?

Week 3, Day 5

Monday, September 10

What Does Learning Look Like in a Networked Culture?

•Henry Jenkins, “Spoiling Survivor,” Convergence Culture: Where Old and New Media Collide (New York: New York University Press, 2006), pp. 25-58

Week 3, Day 6

Wednesday, September 12

Do Youth Still Care About Privacy?

• danah boyd and Alice Marwick, “Social Steganography: Privacy in Networked Publics,” Presented at International Communications Association, May 28 2011,  http://www.danah.org/papers/2011/Steganography-ICAVersion.pdf

Week 3 Discussion Section: Facebook and Privacy

NOTE: Paper 1 is due.

Week 4, Day 7

Monday, September 17

Is the Web Making Us Lonely?

• Stephen Marche, “Is Facebook Making Us Lonely?,” The Atlantic, May 2012, http://www.theatlantic.com/magazine/archive/2012/05/is-facebook-making-us-lonely/8930/

• Eric  Klinenberg, “Facebook Isn’t Making Us Lonely,” Slate, April 19 2012, http://www.slate.com/articles/life/culturebox/2012/04/is_facebook_making_us_lonely_no_the_atlantic_cover_story_is_wrong_.html

• Sherry Turkle, “Does Technology Serve Human Purposes?,” Confessions of an Aca-Fan, August 22, 24,  26 2011, http://henryjenkins.org/2011/08/an_interview_with_sherry_turkl.html, http://henryjenkins.org/2011/08/does_this_technology_serve_hum.html, http://henryjenkins.org/2011/08/does_this_technology_serve_hum_1.html

Week 4, Day 8

Wednesday, September 19

Should Schools Ban Wikipedia?

• Henry Jenkins, “What Wikipedia Can Teach Us About the New Media Literacies,” Confessions of an Aca-Fan, June 26 2007, http://henryjenkins.org/2007/06/what_wikipedia_can_teach_us_ab.html; June 27, 2007, http://henryjenkins.org/2007/06/what_wikipedia_can_teach_us_ab_1.html

• Andrew Lih, "Community at Work (The Piranha Effect)," The Wikipedia Revolution (New York: Hyperion, 2009), pp. 81-132.

• Quora. “What does Jimmy Wales think when a university professor states not to cite Wikipedia as a source?” http://www.quora.com/Jimmy-Wales-1/What-does-Jimmy-Wales-think-when-a-university-professor-states-not-to-cite-Wikipedia-as-a-source

Week 4 Discussion Section: Wikipedia Mechanics

Week 5, Day 9

Monday, September 24

What Are We Using Mobile Media For? (Guest Lecture: Meryl Alper)

• “Pew Internet and American Life Project: Mobile” (2012) https://ca.edubirdie.com/blog/pew-internet-mobile Research highlights related to mobile technology in the US

• Jill Palzkill Woelfer and David G. Hendry (2011). Homeless young people and technology: Ordinary interactions, extraordinary circumstances. interactions, 18(6), 70-73.

• Chris Danielsen, Anne Taylor, and Wesley Majerus. (2011). Design and public policy considerations for accessible e-book readers. interactions, 18(1), 67-70.

PART 2: UNDERSTANDING MEDIA CHANGE

Week 5, Day 10

Wednesday, September 26

How Have Earlier Cultures Dealt with Media Change?

• Lynn Spigel, "Television in the Family Circle," Make Room for TV: Television and the Family Ideal in Postwar America (Chicago: The University of Chicago Press, 1992). pp. 36-72.

Week 5 Discussion Section: Advertising New Media

Week 6, Day 11

Monday, October 1

Why Do Interfaces Matter? (Guest Lecture: Adam Kahn)

• Vannevar Bush. “As We May Think,” Atlantic Monthly, July 1945, 101-108.

Week 6, Day 12

Wednesday, October 3

What Roles have Hackers Played in Defining Digital Culture? (Guest Lecture: Andrew Schrock)

• Doug Thomas, “(Not) Hackers: Subculture, Style and Media Incorporation,” Hacker culture (pp. 141–171). (Minneapolis: University of Minnesota Press, 2002), pp. 147-171.

• Heather Brooke, “Inside the Secret World of Hackers,” The Guardian, August 24 2011, http://www.guardian.co.uk/technology/2011/aug/24/inside-secret-world-of-hackers

Week 6 Discussion Section: Hacking and Culture Jamming

NOTE: Paper 2 is due.

Week 7, Day 13

Monday, October 8

Why Does It Matter What We Call the “Web”?

• David Thorburn, “Web of Paradox,” The American Prospect, December 19 2001, http://prospect.org/article/essay-web-paradox

• Handout: Key Statements about the Nature of the Web

Week 7, Day 14

Wednesday, October 10

What Roles Does Participation Play in Contemporary Culture?

• Henry Jenkins, "Nine Propositions Towards a Cultural Theory of YouTube," Confessions of an Aca-Fan, May 28 2007. http://www.henryjenkins.org/2007/05/9_%20propositions_towards_a_cultu.html

.Lawrence Lessig, “REMIX: How Creativity Is Being Strangled By the Law,” in Michael Mandiberg (ed.) The Social Media Reader (New York: New York University Press, 2012), pp. 155-169.

Week 7 Discussion Section: YouTube’s Many Communities

Week 8, Day 15

Monday, October 15

What Can Science Fiction Teach Us About the History of Technology?

• Rebecca Onion, “Reclaiming the Machine: An Introductory Look at Steampunk in Everyday Practice,” Neo-Victorian Studies, Autumn 2008, http://www.neovictorianstudies.com/past_issues/Autumn2008/NVS%201-1%20R-Onion.pdf

Week 8, Day 16

Wednesday, October 17

Has Networked Culture Gone Global? (Guest Lecture: Alex Leavitt)

• Toshie Takahashi, “MySpace or Mixi? Japanese engagement with SNS (social networking sites) in the global age.” New Media & Society, May 2010 vol. 12 no. 3, 453-475. http://nms.sagepub.com/content/12/3/453

• Shaojung Wang, “China’s Internet lexicon: The symbolic meaning and commoditization of Grass Mud Horse in the harmonious society.” First Monday, January 2012, vol. 17 no. 1. http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/viewArticle/3758/3134

Week 8 Discussion Section: Review for Midterm

Week 9, Day 17

Monday, October 22

Midterm Exam

PART 3: THE WORLD WE LIVE IN

Week 9, Day 18

Wednesday,  October 24

What Roles Do New Media Play in American Politics?

• Cathy Cohen and Joe Kahne, “Participatory Politics New Media and Youth Political Action,” Youth and Participatory Politics Network, 2011, http://ypp.dmlcentral.net/sites/all/files/publications/YPP_Survey_Report_FULL.pdf

• Ryan Lizza, “Battleplans: How Obama Won,” The New Yorker, November 17, 2008, http://www.newyorker.com/reporting/2008/11/17/081117fa_fact_lizza

• Daniel Kreiss, “Developing Technologies of Control: Producing Political Participation in Online Electorial Campaigning,” Paper presented on September 21, 2011 at the Oxford Internet Institute “A Decade in Internet Time” conference http://danielkreiss.files.wordpress.com/2010/05/kreiss_controltechnologies.pdf

Week 9 Discussion Session: Working Together in Teams

Week 10, Day 19

Monday, October 29

How Does Media Spread?

• Henry Jenkins, Sam Ford, and Joshua Green, “Why Media Spreads,” Spreadable Media: Creating Value and Meaning in a Networked Culture (New York: New York University Press, 2013).

• danah boyd, “The Power of Youth: How Invisible Children Orchestrated Kony 2012,” Huffington Post, March 14, 2012, http://www.huffingtonpost.com/danah-boyd/post_3126_b_1345782.html

• Ethan Zuckerman, “Unpacking Kony 2012,” My Heart’s in Accra, March 8, 2012, http://www.ethanzuckerman.com/blog/2012/03/08/unpacking-kony-2012/

• James Gleick, “What Defines a Meme?” Smithsonian.com, May 2012, http://www.smithsonianmag.com/arts-culture/What-Defines-a-Meme.html

• Ilya Vedrashko, “A Site That Went Viral and the Numbers Behind It,” Hill Holliday Blog, http://www.hhcc.com/blog/2010/07/a-site-that-went-viral-and-the-numbers-behind-it/

Week 10, Day 20

Wednesday, October 31

How Generative are Online Communities? (Guest Lecture: Rhea Vichot)

• Mark McLelland, “‘Race’ on the Japanese internet: discussing Korea and Koreans on ‘2-channeru.’” New Media & Society, 2008, 10(6), 811 - 829.

• Gabriella Coleman, “Anonymous: From Lulz to Collective Action,” 2011, http://mediacommons.futureofthebook.org/tne/pieces/anonymous-lulz-collective-action

• Whitney Phillips, “The House That Fox Built: Anonymous, Spectacle and Cycles of Amplification,” Television and New Media, forthcoming.

http://hastac.org/blogs/whitneyphillips/2012/05/20/4chan-article-published-house-fox-built-anonymous-spectacle-and-cyc

• Michele Knobel & Colin Lankshear, “Online Memes, Affinities, and Cultural Production.” In M. Knobel and C Lankshear (Eds.), 2007, A Media Literacies Sampler. 199 - 228.

Week 10 Discussion Section: Tracking Viral Success

Week 11, Day 21

Monday, November 5

Have There Been Twitter Revolutions?

• Ethan Zuckerman, “The Cute Cat Theory Talk at eTech,” My Heart’s in Accra, March 8, 2008, http://www.ethanzuckerman.com/blog/2008/03/08/the-cute-cat-theory-talk-at-etech/

• Malcolm Gladwell, “Small Change,” The New Yorker, October 4, 2010, http://www.newyorker.com/reporting/2010/10/04/101004fa_fact_gladwell

• Evgeny Morozov, “Think Again: The Internet,” Foreign Policy, May/June 2010, http://www.foreignpolicy.com/articles/2010/04/26/think_again_the_internet

Week 11, Day 22

Wednesday, November 7

What is Web 2.0?

• Tim O'Reilly, "What is Web 2.0," O'Reilly Media, September 30, 2005, http://oreilly.com/web2/archive/what-is-web-20.html

• Jeff Howe, "The Rise of Crowdsourcing," Wired, June 2006, http://www.wired.com/wired/archive/14.06/crowds.html

• Henry Jenkins, Sam Ford, and Joshua Green, “What Went Wrong with Web 2.0?,” Spreadable Media: Creating Value and Meaning in a Networked Culture (New York: New York University Press, 2013).

• Geert Lovink, “Capturing Web 2.0 Before Its Disappearance,” Networks Without a Cause: A Critique of Social Media (London: Polity, 2012), pp.1-23.

Week 11 Discussion Section: Kickstarter as a Web 2.0 Company

Week 12, Day 23

Monday, November 12

What Will Be the Future of Advertising?

• Cory Doctorow, "The Branding of Billy Bailey," A Place So Foreign and Eight More
(San Francisco: Running Press, 2003), pp. 86-98.

• Daniele Sacks, “The Future of Advertising,” Fast Company, November 17, 2010, http://www.fastcompany.com/magazine/151/mayhem-on-madison-avenue.html

• Campfire, True Blood - http://vimeo.com/8268162

• Weiden & Kennedy, Old Spice - http://www.youtube.com/watch?v=Kg0booW1uOQ

• Burger King, Whopper Sacrifice - http://www.youtube.com/watch?v=AxXxhEjnJA0

• Barbarian Group, Subservient Chicken (Burger King) -http://vimeo.com/16742192

• Hill Holiday, Mad Men + Newsweek - http://vimeo.com/44876203

Week 12, Day 24

Wednesday, November 14

Are Pirates a Threat to Media Industries?

• Nancy Baym, "The New Shape of Online Community: The Example of Swedish Independent Music Fandom," First Monday, May 16, 2007, http://firstmonday.org/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/1978/1853/

• William W. Fischer, "The Promise of New Technology,” Promises to Keep: Technology, Law and the Future of Entertainment (San Francisco: Stanford U. Press, 2004), pp. 11-37.

.Cory Doctorow, “Music: The Internet’s Original Sin,” Locus Online, July 4, 2012,  http://www.locusmag.com/Perspectives/2012/07/cory-doctorow-music-the-internets-original-sin/

• “Artist Revenue Streams, The Future of Music Coalition, http://money.futureofmusic.org/

• “Piracy Online,” RIAA, http://www.riaa.com/physicalpiracy.php?content_selector=What-is-Online-Piracy

Week 12 Discussion Section: Curation Policies

Week 13, Day 25

Monday, November 19

Are Video Games Art?

• Roger Ebert, “Video Games Can Never Be Art,” Chicago Sun Times, April 16, 2010, http://blogs.suntimes.com/ebert/2010/04/video_games_can_never_be_art.html

• Mike Snyder, “Are Video Games Art? Draw Your Own Conclusion,” USA Today, March 12, 2012, http://www.usatoday.com/life/lifestyle/story/2012-03-12/video-games-smithsonian/53502696/1

• Ian Bogost, “Art,” How to Do Things With Video Games (Minneapolis: University of Minnesota Press, 2012), pp. 9-17.

• The Art of Video Games, Smithsonian American Art Museum, http://americanart.si.edu/exhibitions/archive/2012/games/

Wednesday November 21 NOTE: NO CLASS. Today is part of Thanksgiving holiday.

Week 14, Day 27

Monday November 26

Is Print Culture Dying?

• Sven Birkerts, “Resisting the Kindle,” The Atlantic, March 2009, http://www.theatlantic.com/magazine/archive/2009/03/resisting-the-kindle/7345/

• Matthew Battles, “In Defense of the Kindle,” The Atlantic, March 2009, http://www.theatlantic.com/magazine/archive/2009/03/in-defense-of-the-kindle/7346/

• Ken Auletta, “Publish and Perish,” The New Yorker, April 26, 2010, http://www.newyorker.com/reporting/2010/04/26/100426fa_fact_auletta

• Ted Striphas, “The Past and Future Histories of Books,” Confessions of an Aca-Fan, March 19 2012, http://henryjenkins.org/2012/03/the_late_age_of_print_an_inter.html

Week 14, Day 28

Wednesday, November 28

Has Networked Communication Changed the Ways We Tell Stories?

• Henry Jenkins, "Transmedia Storytelling 101," Confessions of an Aca-Fan, March 22, 2007, http://henryjenkins.org/2007/03/transmedia_storytelling_101.html

• Henry Jenkins, "Searching for the Origami Unicorn: The Matrix and Transmedia Storytelling," Convergence Culture: Where Old and New Media Collide (New York: New York University Press, 2006), pp. 93-130.

• Nick DeMartino, "Why Transmedia Is Catching On Now," Future of Film Blog, Parts 1 (July 5, 2011), 2 (July 6, 2011), 3 (July 7, 2011).

http://www.tribecafilm.com/tribecaonline/future-of-film/Why-Transmedia-is-Catching-On-Part-1.html,

http://www.tribecafilm.com/tribecaonline/future-of-film/Why-Transmedia-is-Catching-On-Part-2.html,

http:/www.tribecafilm.com/tribecaonline/future-of-film/Why-Transmedia-is-Catching-On-Part-3.html

Week 14 Discussion Section: Mapping a Transmedia Story?

Week 15, Day 29

Monday, December 3

Planning Strategy for the Exam

Week 15, Day 30

Wednesday, December 5

Complet

This article is translated to Serbo-Croatian language by Anja Skrba from Webhostinggeeks.com.

For a Polish translation, see http://www.pkwteile.de/wissen/wprowadzenie-do-technologii-komunikacyjnych

Yes, You Can Use Your Laptop on This Exam...and Your Knowledge Community, Too!

In February 2011, I shared with my readers a pedagogical problem I was facing in a large undergraduate lecture class on new media and culture:

I made the announcement that the exams in the class would be open book, open note and that I was planning to distribute a list of potential questions in advance from which I would draw in constructing the exam, a practice I have used for more than 20 years without any great confusion....

No sooner did I announce this policy than I got a question I've never been asked before. A student wondered whether open book, open note, meant open laptop. I needed time to reflect on this and said I would answer in the next class period. Actually, it took me a few to get back to them with a response. Given this was a class on technology and culture, I decided to use this as a teachable moment.

So, I started by breaking down the computer into two elements. First, there is the computer as a stand alone word processing machine. I certainly would have had no great objections to students using the computer to write their answers or even to access their materials.... But, in an era of networked computing and wireless classrooms, allowing students to use a laptop during an exam suddenly would allow students to access any information anywhere on the web and more significantly would allow students to trade information with each other throughout the test in ways which would be extremely difficult to monitor.

As I thought about it, the challenges of designing a meaningful test under those circumstances intrigued me. What would it mean to create an exam which could be taken not by individual students but by networked groups of students -- either the class as a whole or a specifically designated study group? Could we enfold ideas of collective intelligence into the design of tests? Could we create challenges which demonstrated their mastery of the material through the search strategies they deployed and the knowledge they produced together? In theory, such an exam holds promise as more and more jobs require the capacity to pool knowledge and collaborate with a team of others to solve complex problems, and learning how to mobilize expertise under these conditions should be a key goal of our educational process.

I was not able to come up with an approach fast enough to implement it that semester. Readers to the original blog post made a series of suggestions, though most of them seemed to work better on the scale of the seminar or small group classroom rather than the lecture hall. But, my theoretical commitments meant this question was not going to go away. I also know that the question has haunted some of my readers, one of whom shared this interesting blog post with me via Twitter last week, which deals with other conceptions of what an open laptop exam might look like.

Ironically, having failed to create opportunities for collaboration inside the exam space, the students did what might easily have been predicted: they formed study groups outside class and worked through responses together. Many students had written entire answers to the provided questions in advance, and simply copied their answers into a blue book. In some cases, as many as thirty or forty students got the same question wrong and in the same way, suggesting just how expansive the study network (scarcely a study group) had become. The question may no longer be whether learning is going to be networked, but rather how much control faculty are able to exert over the networks where learning and studying take place.For me, this is part of the implication of the recent cheating scandal at Harvard.

Adam Kahn, a PhD student in the USC Annenberg School, read the blog post and reached out to me, suggesting that he would like to help me think through these challenges, since he is doing work on a body of research known as Transactive Memory, which is interested in the ways groups of people solve problems together. Kahn had been a student in my New Media Literacies class my first semester at USC. We've worked together off and on for the past year, developing a conceptual essay about the problem for a forthcoming book on higher education. There, we developed a blue print for how we might need to reinvent the lecture class process in order to support the emergence of knowledge-building and problem-solving communities of the kind required to successfully complete a networked exam. Here's part of what we said in that essay:

Because students add and drop classes for the first few weeks of the semester, it is important to not form student groups too early, as group turnover can hurt transactive memory (Moreland and Argote 2003). Thus, the semester will begin with core concepts and common texts the instructor feels everybody should know (Lévy’s shared knowledge). The course’s first midterm would be a traditional, non-collaborative exam, comprising a certain percentage of the grade. This diagnostic test can allow the instructors to gauge student’s relative abilities when putting together teams. Members should be assigned, with the goal of diversifying skills and knowledge.  Allowing students to self-select would almost certainly increase group homogeneity bound as membership would be to existing friendship ties, i.e. those who shared the same interests and activities outside the classroom.

After this exam, though, the group becomes important. At this point, the reading list will grow so that it is too much for any individual to read. Students will have to become mutually dependent to survive.

Because transactive memory forms around face-to-face communication, we must provide students a time to meet. Large lecture classes often have smaller discussion sections. Normally a teaching assistant facilitates a discussion and/or clarifies confusing points from lecture. However, this hour might be better spent allowing team members to meet to discuss the readings they divided amongst themselves and relate them to the common lecture themes of the week. The teaching assistant would also stress problem solving and coordination skills, helping groups refine strategies and learn from their mistakes, more like a coach than like our traditional model of a teacher. Although the ideal team would be self-regulating and self-guiding, the teaching assistant could also help them to assign roles or divide labor, if needed, to insure that each member pulls their own weight.

The teaching assistant can provide one question each week that would be representative of those on an exam, allowing group members to synthesize their different readings and learn how the other students think--their strategies for identifying the core stakes of a problem, mobilizing knowledge, testing data, assessing conclusions, and communicating results. These questions could require students to do online searches, tap into knowledge from other classes, or draw on their extracurricular expertise. Through these test runs, students would learn each other’s specialization, build trust, and coordinate their efforts on tasks similar to the group exam.

As they enter a collaborative test-taking process, students face the challenge of resolving conflict and committing to a shared answer, especially working under time constraints. Outside of the classroom, affinity groups develop norms, such as those surrounding contributions to Wikipedia, to which they can appeal to resolve such conflicts. So, for example, Wikipedia articles strive towards neutrality, which is often achieved through inclusion (that is, featuring all competing perspectives) rather than exclusion (arriving at a consensus response) (Lih 2009). Student’s experience of testing may be that there is a right answer the teacher is expecting and thus, they may be less receptive to test taking strategies which include a broader range of possible answers. Having multiple collaborative activities will allow each group to develop its own norms and protocols for resolving disputes and finding an answer students feel they can stand behind.

The final exam is designed to tap a range of different kinds of expertise. Think of the individual problems as possessing the sense of “meaningful ambiguity” which, McGonigal (2008, 214) argues, motivates the problem solving activity around alternate reality games: “by asking players to cooperate to make meaning out of an ambiguous system, the game-based hive mind celebrates individual perspective even as it embraces the larger, intricate intelligence that emerges only at the scale digital networks afford.” For such experiences to be compelling and satisfying, McGonigal (2003) argues, they have to introduce problems that seem within reach of the network of players. She notes that an empowered team often seeks to move beyond the game and tackle real world social problems, only to be disappointed that such problems may not, in fact, be resolvable given the group’s resources and capacities. Exam questions would need to be open ended enough to allow many different paths to a solution and yet ultimately something that participants can comprehend and resolve.

Assuming that the lecture meets twice a week, the questions are given out at the beginning of the first lecture and are due at the end of the second lecture. This will allow students to use the first lecture to start working on the answers and divide the labor. Then students can go home and seek more information on their own, and work more on the answers if they so choose. They coordinate efforts so that each student plays to her strengths and so that there is a robust system of checks and balances to identify and eradicate misinformation. Preparing for the exam may be much more like getting ready for a guild raid in World of Warcraft than like studying for a traditional test. The second lecture can be used to finalize answers. Also, by spanning two lectures affords groups at least two face-to-face opportunities to interact. Students can write their answers using an online tool, such as Google Documents, that allows them to write simultaneously in a single document. In this way, they can make changes to each other’s work (knowing who wrote what) and see changes being made to their own work. Changes can be tracked over time and reverted back to if needed....

Educational researcher Dan Hickey and his research team at Indiana University (Hickey, Honeyford, and McWilliams forthcoming) has been trying to explore what forms assessment needs to take within a participatory learning culture and concludes that assessment should “focus on reflections rather than artifacts.” His group has developed a range of activities that might follow a project or exam, asking students to reflect on what strategies they tried and why, rather than simply evaluating them based on what they produced. Of course, students will have different capacities to articulate their reflections. McGonigal (2008, 222) has similarly argued that working in large-scale teams to solve alternate reality games encourages “meta-level reflection on the skills and processes that players use to meet new challenges.” At the end of the day, the test might function as much as a probe to encourage students to continue to think about the process of their learning than as a simple assessment of what they, collectively and individually, know.

Well, this semester, we are going to be putting these ideas into action, as I teach my lecture hall subject a second time. I will  be sharing my syllabus next time.

I have ended up dividing the class into two parts: for the first part, students will be developing shared knowledge, that is, knowledge which will be required of every member on the team, and they will be performing as individuals, demonstrating their own mastery over the materials. In the second part, they will be sorted into teams which will work together on all future assignments: the discussion section times will be opportunities for the students to work on problem sets together with coaching from the Teaching Assistants, and the final week of class will be given over to a culminating activity which will require teams to work together to respond to the prompts.The midterm is approaching and soon we will be making the cognitive shift from individual to collective effort.

From the start, the class has emphasize new ways of learning in a networked culture, drawing heavily in the first few weeks on materials produced by MacArthur's Digital Media and Learning initiatives. I want to get them to take an inventory of their own skills and competencies as learners, the ways they use new media in the context of their lives, and to engage critically with the debates surrounding the so-called "digital natives" and their new media literacy skills. For this to really work, I am having to abandon the lecture as the primary mode of presentation in the class. Instead, I am moving towards something closer to the way Socratic Method works in Law Schools. On most days, we are reading essays which represent conflicting perspectives on core debates around digital media and culture, hoping to foster critical thinking and research skills.

As I developed this approach, I struggled with the issue of "freeloaders" -- that is, students who are willing to let the others do all the work and coast to a better grade. There's a limit to what I can do in terms of evaluating individual performance if we are going to really place such a strong emphasis on group performance, but I will be monitoring and evaluating individual attendance and participation in the discussion session and exam, and I will be asking participants to list everyone who contributed to a particular project (which can, in fact, include people who are not in their assigned group, as long as their participation is fully disclosed.)

There's a lot we still have to work through, so I would welcome feedback from readers about this approach and I would be especially interested to hear from anyone who has tried something like this process before. I promise to report back on how the class is going and share some of the problem sets we create later in the semester.

Television and the Civil Rights Movement: An Interview with Aniko Bodroghkozy (Part Three)

Today’s civil rights movements, such as the struggles over the DREAM act, are more likely to play out in digital media than through broadcast media, and once again, the debates seem to want to focus on digital media as technology, rather than as a set of social, cultural, and political practices. What lessons might we take from your work on 1960s television to help us understand the role of new media in contemporary political resistance movements?  

Let’s remember that television news in the early 1960s was the era’s “new media,” as digital media like Twitter and Facebook are today.  Any successful social change movement is going to want to exploit and make use of the newest communication tools of its era.  Today it’s social media.

These forms of media obviously do somewhat different things than “old media” like television – the form of communication and contact is different, appeal to audiences is different.  I hear the term “Twitter Revolution” and it puts my teeth on edge.  Twitter no more caused the Arab Spring or the Occupy movement than television caused the civil rights movement or the anti-Vietnam war movement.  In both cases, social change movements used the communication tools of the day and certainly the tools have an impact on how one can communicate, who one can reach, how quickly we can organize, and all the rest.

What concerns me is the centering on the technology as technology and the utopian discourses that surround it all.  As far as digital media, I think Morozov’s The Net Delusion is a useful corrective to the notion that new social media are inherently liberatory.  Social change movements create the impetus for social change – and that requires the hard work of organizing.  Television coverage and social media tools help, but they don’t substitute for organizing and getting lots of people together in real time and space pressing a change agenda and dialoguing with others and confronting others about it.  Some of this can occur in virtual spaces (I think Facebook and Twitter can be great organizing tools – mostly because they are fast and efficient), but I still would argue that social change activists do have to get into the streets and into public spaces as Occupy did – and as the civil rights movement did. 

One of the most important contributions of your book is your focus on reception, specifically the ways that different groups (not simply black vs. white or north vs. south, but different groups of white southerners, say) used television content to stage debates about what forms of social change were or were not acceptable. Too often, we end up with pretty univocal accounts of how southerners responded to the civil rights movement. What were some of the core points of difference that surface when you look at audience response to these broadcasts?

It’s pretty easy to stereotype white Southerners in the civil rights era: either benighted, evil or buffoonish racists or latter-day Atticus Finches taking on the good fight for victimized blacks.  I was interested in really trying to understand how white Southerners responded to the fundamental challenge to their segregationist world view when national media, network television in particular, throws a nationwide spotlight onto race relations in their locales, in particular Birmingham and Selma.

Working with the very large number of letters to the editor I found in Alabama newspapers, along with editorials and commentary that directly addressed media coverage I wanted to analyze and provide interpretive readings of these responses.  One thing I found was a significant degree of media awareness and savvy among white Southerners – they were far more aware of the workings of the media than were non-Southerners or African American commentary in the black press.

In fact, during the key civil rights years (early-mid 1960s) I was struck by how little discussion of the media I found in the black press.  It was like, since the media wasn’t a “problem” for the black empowerment movement, the medium as medium tended to disappear.  The media was telling the truth, “reflecting” what was really happening in the South, so there wasn’t the felt need to interrogate how the media was operating.  At least, that’s my attempt to hypothesize about the dearth of discourse about media in the black press during this period.

The situation is very different in the Alabama press.  Lots of attention to the role played by national media and particularly the “new media”: television.   And since most of these Southerners didn’t want to believe that what they were seeing on their TVs was true, they had to explain what was going on.  There were a lot of accusations that King and the movement merely wanted “publicity.”  Publicity for what?  Well, King was power mad or wanted to curry influence in Washington.  The movement’s stated reasons for the publicity campaigns couldn’t be grappled with.

These Southerners were, of course, correct that King and the movement staged marches and demonstrations to get media attention: they needed publicity on a national scale.  The movement, on the other hand, could never admit that they were staging “media events.”  White Southerners could see this, but for the most part had to stop right there.  To engage the next question: why do these marchers want this national attention, what are they marching for and against, would lead to scary answers.

If the Southern white worldview is founded, as it was, on the premise that segregation works for everyone and that blacks are just as content with the situation as whites, then to really engage the fundamental question profoundly threatens that worldview.  So many white Southerners had to evade and look for other things to focus on: the “Northern-ness” of network television, for instance.  Or media bias: why the focus on bad race relations in Selma when blacks and whites are killing each other in New York subways?  Why doesn’t the media focus on racism in the North?  Valid questions, but they do help to evade the big issue about Jim Crow and voter disenfranchisement.

Occasionally with some letter writers and editorialists, the media images broke through: especially during the 1965 Selma voting rights campaign, particularly when white volunteers got murdered.  In a number of cases, there were anguished concerns about the “image” of Alabama that the rest of the country is getting: what does this say about Alabama?  Who are we?  How are we going to have to change?  I see these as cracks in the hegemonic segregationist armour and clues to how a previously naturalized worldview starts slowly to disintegrate.

As a historian of reception practices, the one thing I wanted to try to do was avoid taking a condescending attitude to these segregationist discourses and the people who were producing this discourse.  It’s easy to feel superior and know that these folks were on the wrong side of history.  They didn’t know that.  I

n some ways I found Northerners, particularly those who responded to the East Side/West Side episodes that explored race relations topics in Northern locales, as equally blinkered.  Even though these episodes were clearly marked as occurring in New York City and its environs, numerous letter writers would discursively locate the problem back to the South.  The real race problem was there; Southerners were the ones who should be watching these shows to learn about the plight of black people.   “Dumb” white Southerners were the problem, no matter where blacks faced oppression and discrimination.

One of the surprising discoveries you made was that while the networks did cover aspects of the March on Washington “live,” they cut away from what we now see as the key moments in King’s “I Have a Dream” speech. What do you think motivated that decision?

http://www.youtube.com/watch?v=smEqnnklfYs

All three networks carried significant amounts of live coverage of the March on Washington which occurred, by the way, on a Wednesday.  Nowadays it’s no spectacular feat to get masses of people to Washington for a march, but they always happen on the weekend.  Try to get a quarter of a million people to the national Mall on a weekday!

Along with the live coverage during the day, CBS that evening provided a prime time news programme that both recapped the events of the day and provided background about the March.  For people interested in the March, CBS’s prime time coverage is probably where they first got their sense of what happened.  Now this is the pre-sound bite era.  The news special provided long excerpts for quite a number of the speeches that preceded King’s.

Finally we get to King who provided the final speech of the day.  King’s speech can be divided into two halves: the first part provides some rationale for why people are massed at the Mall and why blacks are not satisfied with the racial status quo or the pace of change.  The second part of the speech is the one we all know: the soaring oratory of “I have a dream” and King’s vision of an America redeemed.  So, when CBS news personnel make their decision of what to excerpt from the speech, what do they go with?

Believe it or not, they cut away just as King launches into “I have a dream.”  When I first saw this news programme at the CBS News Archive, my jaw just about hit the floor when I realized that the most important words of the most important speech of the 20^th century ended up on the cutting room floor.  It’s a pretty major journalistic gaffe.  But why?

I suggest that in 1963, reporters and news personnel didn’t know what to do with “I have a dream.”  King isn’t speaking politically any more; he isn’t given a list of grievances.  He is preaching.  Drew Hansen in his book about the speech really helped me to understand what the journalistic decision-making must have been.  King was no longer a political leader, he was now a visionary prophet, akin to Isaiah in the Bible.  This wasn’t a King that journalists were familiar with – outside of black churches, no one had really heard King speaking like this.

Aniko Bodroghkozy  is Associate Professor in the Department of Media Studies at the University of Virginia. Prof. Bodroghkozy received her PhD in 1994 from the University of Wisconsin/Madison’s Department of Communication Arts where she worked with John Fiske and Lynn Spigel. She received an MFA in Film from Columbia University in New York, and a BA High Honours from the Department of Film Studies at Carleton University, Ottawa, Canada. Prof. Bodroghkozy’s first book, Groove Tube: Sixties Television and the Youth Rebellion was published by Duke University Press in 2001. She has published numerous articles on American cinema and television and the social change movements of the postwar era. Her work has appeared in scholarly journals such as Cinema Journal, Screen, Television and New Media, and the online TV Studies journal Flow. Her current book project, Black Weekend: Television News and the Assassination of John F. Kennedy is a narrative history exploring the four days of network coverage surrounding the death of JFK.  She is also editing the forthcoming Blackwell Companion to the History of American Broadcasting.

Television and the Civil Rights Movement: An Interview with Aniko Bodroghkozy (Part Two)

You suggest that the news media made “common cause” with the civil rights movement in bringing some of their concerns to the American public. What motivated the national news media to embrace this story? What were the limits of their commitment to the cause?  

It was a limited common cause. Around issues such as integration of schools and public spaces, along with voting rights, the media was largely supportive.  But Presidents Kennedy and Johnson also embraced those goals.  The news media, television in particular, tended to be very positively inclined to JFK and was as well to LBJ in the early period of his administration when he appeared to be trying to carry out the Kennedy agenda, particularly the Civil Rights Act that passes in 1964.  The legislative goals of the movement were “legitimated” by the fact that there was significant support among both Democratic and Republican officials outside the South. These were somewhat less partisan times, certainly in media coverage.  Television news deferred quite a bit to the president.

But one thing surprised me as I examined TV news coverage.  Reporters tended to become far more critical of civil rights activists and civil rights campaigns when things turned violent.  In reading transcripts of NBC coverage of the sit-in movement, I was surprised to discover that the reporter refused to identify who was being violent.  The reporter kept using the passive voice so it wasn’t clear that white segregationists were the ones pummeling sit-in demonstrators.

At other times, however, when the violence was so clearly marked between victim and aggressor, there was less criticism of the civil rights activists.  When voting rights marchers in Selma were brutally gassed and beaten on the Edmund Pettus Bridge in full view of a battery of cameras, there was no attempt to suggest that the marchers were participating in creating the mayhem.  However, in another news story from Selma that I viewed, the CBS reporter was somewhat critical of very youthful demonstrators who, unlike their elders, did not present docile bodies, but ranged around the streets and back alleys during their march.  In general, there appeared to be more anxiety about the activities and potential threat of black youths (who were, of course, fundamentally important to the success of civil rights campaigns, particularly those of direct action and civil disobedience).

It’s a weird paradox: TV news was drawn to the civil rights story to some extent because it provided dramatic visuals of violence and a powerful good versus evil narrative, but reporters tended to criticize the violence that drew them to the story in the first place.

You write in the book about “a moment [in the 1960s] of non-stereotypical, respectable middle-class blacks” on fictional television. What factors gave rise to this moment and which led to its decline? How do these fictional black characters relate to the idealized civil rights subject that you suggest was constructed through the evening news?

http://www.youtube.com/watch?v=wcOlcDUQ29M

It seems that every era of media representation of African Americans is attempting to respond differently to the era that precedes it.  I open the book with a consideration of The Beulah Show and Amos ‘n’ Andy, the early 1950s shows featuring blacks in starring roles.  We tend to consider them to be stereotyped and degrading images of blacks.  At the time, however, the thinking about these representations was somewhat more complicated.  Beulah, the black housekeeper to a white family, was seen by some (including some in the black press) as equal to her employers, middle-class in deportment, not using dialect, and in general a good role model.  In developing Amos ‘n’ Andy for television, CBS very deliberately elevated them and the Kingfish to middle class status presumably to make them appear less disrespectable and buffoonish.  Nevertheless, both shows, and especially Amos ‘n’ Andy, were subject to high profile protest by the NAACP, and were off the air by 1953.

Prime time becomes a very “white-washed” world from then on till the early-mid 1960s.  Network programming philosophy was: appeal to the most, offend the least.  Black performers tended to cause controversy – witness the case of Nat King Cole and his 1957 variety show which couldn’t secure a sponsor.  The “integrating” of prime time entertainment programming is, of course, a direct result of the civil rights movement.  It was becoming more of a problem to not show at least occasional black performers or black characters.

Herman Gray came up with the concept “civil rights subject” when he was writing about how television tended to remember civil rights.  The civil rights subject in his original formulation is the latter-day beneficiary of the movement: an exemplary figure signified by hard work, individualism, middle-class status.  The Huxtable family of The Cosby Show is the quintessential example of this concept.  What I argue in my book is that this “civil rights subject” is also evident in television representations (both in news coverage and in prime time entertainment) during the civil rights era.  The most notable early example in prime time drama is Bill Cosby again!  In 1965 he’s paired with a white partner in the Cold War espionage series, I Spy.  Cosby’s character can’t just be a spy, though: he’s a Rhodes scholar who speaks eleven languages and is clearly superior to everyone around him (except that his white buddy gets all the girls).  I Spy gives us a colour-blind, post-integrationist world where our two heroes can range around the world to Cold War hot spots (typically in Asian countries that look “exotic”) and represent a black-and-white America that doesn’t have anything to do with racism.

http://www.youtube.com/watch?v=H6YH3j01Ou8

Bill Cosby’s character is the opposite of a victim, but another form of early 1960s programming did focus on blacks-as-victims – the “social problem” dramas that appeared in direct response to both the idealism of the Kennedy New Frontier and also industry anxiety about tougher regulation by the new FCC chairman, Newton Minow who castigated television as “a vast wasteland.”  One show I look at, East Side/West Side, focuses on the crusades of an idealistic white social worker in New York City.  One very high profile episode examines the plight of a young Harlem couple dealing with the lack of jobs for black men and horrendous ghetto housing conditions (their baby dies after begin bitten by a rat).  Even though the couple is obviously poor and living in degraded conditions, they are presented to us as middle-class seeming, dignified, hard-working, eminently respectable – although James Earl Jones, as the husband, portrays a barely contained rage against his oppression.  The characters, nevertheless, are presented to white viewers as ones deserving of help – the only thing standing in the way of their achieving middle-class status and integration into the white world is employment discrimination and slum housing.  So there’s that similar appeal that we see in news and photojournalism coverage: helpless but worthy blacks, enlightened, caring whites as potential rescuers.

http://www.youtube.com/watch?v=Kn5kDvpiibA

But shows like East Side/West Side were a bit grim for prime time Nielsen families.  The quintessential civil rights subject after Bill Cosby in I Spy was Diahann Carroll in Julia, which came on air in 1968 and was the first TV series to star an African American since the days of Amos ‘n’ Andy and Beulah.  Julia was colour-blind integration fully achieved.  She’s a nurse with white co-workers and she lives in a LA apartment building with white neighbours.  Except for mostly humourous instances of “prejudice,” Julia and her adorable young son personify a world of interracial harmony.  The show was controversial because as network television’s first high profile attempt to center a show around African Americans, it ran up against the rapid shifts in the black empowerment movement and what was going on with race in the US at that point.  By 1968 with the Civil Rights and Voting Rights Acts having passed, the attention shifted North and there’s more of a focus on economic oppression and “de facto” segregation and the situation with black inner city “ghettos.”  The movement also shifts into more confrontational directions that are more discomforting to liberal and moderate whites.  Julia was a popular show but arguments swirled around it suggesting that the show was out of touch with what was really going on: the show wasn’t “telling it like it is.”

You see the book as seeking to correct some common misunderstandings about the role of television during the civil rights era. What do you see as the most widespread misinterpretations of this period?

I think it’s similar to the misunderstanding about television and the Vietnam War.  Television did not embrace the cause of the anti-war movement and thereby lead the US population to demand the war’s end.  (See Daniel Hallin’s The “Uncensored War.”)  Similarly television didn’t cause the success of the civil rights movement.  Television was not a mouthpiece for the movement; news coverage did not transmit or reflect the positions, perspectives, and arguments of the movement in some simple, one-directional sort of way.  I see this over and over again in histories of the civil rights era: the nation saw it on television and the nation acted.  This reifies the medium, gives us television as a neutral mirror reflecting what’s in front of the camera.   No attention to television as an institution and industry, or to textual construction, or to reception practices – all the issues that we as media scholars explore.  This is preaching to the choir when I say this to fellow media studies folks, but I’m hoping my book gets read by non-media scholars, too!

Was network television in general sympathetic to the legislative goals of the movement?  Yes.  But as I’ve already noted, so were powerful political players.  Was the movement sympathetic to many of the movement’s strategies, including demonstrations, direct action, civil disobedience?  In general, no.  For instance, in the run-up to the March on Washington, the media (and not just television) was very critical of the prospect of a hundred thousand and more black people converging on the nation’s capital.  The recurring news peg was “violence is inevitable” and “mass marches won’t sway congressional votes anyway.”  When violence didn’t occur on the day of the march, the live coverage became largely celebratory with images mostly focused on dignified, middle-class-looking marchers – ideal “civil rights subjects” – who presented docile, smiling, and unthreatening images.  But newsmen covering the event continued to insist that the quarter of a million marchers wouldn’t sway votes, so what was the point of the march.

So I really want to undercut and question a certain amount of technological utopianism and determinism that I see in civil rights historiography and also in popular memory.  Television coverage was crucial to the movement, of course; the movement did not, however, fundamentally control either the medium or its messages.  The medium and the movement were not one and the same; that fact tends to get lost.

Aniko Bodroghkozy  is Associate Professor in the Department of Media Studies at the University of Virginia. Prof. Bodroghkozy received her PhD in 1994 from the University of Wisconsin/Madison’s Department of Communication Arts where she worked with John Fiske and Lynn Spigel. She received an MFA in Film from Columbia University in New York, and a BA High Honours from the Department of Film Studies at Carleton University, Ottawa, Canada.

Prof. Bodroghkozy’s first book, Groove Tube: Sixties Television and the Youth Rebellion was published by Duke University Press in 2001. She has published numerous articles on American cinema and television and the social change movements of the postwar era. Her work has appeared in scholarly journals such as Cinema Journal, Screen, Televisionand New Media, and the online TV Studies journal Flow. Her current book project, Black Weekend: Television News and the Assassination of John F. Kennedy is a narrative history exploring the four days of network coverage surrounding the death of JFK.  She is also editing the forthcoming Blackwell Companion to the History of American Broadcasting.