Of Memes and Media Takedowns

As a recent contributor to the “Hitler meme” genre of detourned video parodies of the movie Downfall, I was inspired by the recent Rocketboom video with Kenyatta Cheese describing the steps to challenge a YouTube takedown. Rocketboom, in turn, was motivated by the recent wave of takedowns ordered by Downfall producers, Constantin Films, which resulted in the removal of hundreds of Downfall parodies, mine included.

My Hitler meme video Digital Humanities and the Case for Critical Commons was created to publicize the relaunch of Critical Commons, a site that promotes the fair use of media by educators. I was contacted by Alison Hanold of the Center for Social Media at American University, who was writing an article about YouTube’s takedowns of the Hitler videos and she generously included my my thoughts about the Downfall takedowns:

I found the latest round of Downfall takedowns to be unfortunate and poorly timed on the part of Constantin Films, which is now being subjected to disproportionate resentment and vilification. I’m not saying they shouldn’t be criticized, but there are many other much worse offenders among the copyright industries’ takedown trolls and it’s toward them that our real outrage should be directed. The shock-and-awe strategies that have been favored by members of the MPAA and RIAA for the past decade have had an impact on some people’s behavior and it has instilled fear and paranoia in many others. But, like military shock-and-awe campaigns, it’s short-sighted and ultimately counter-productive. The longer-term impact of such mass takedowns is organized resistance and legal efforts that will ultimately have a greater cost to the media industries than a mere public relations nightmare. Creators, students, educators, vidders (etc.) have unprecedented resources and support at their disposal in the form of the CSM’s Best Practices guides and a growing body of court decisions supporting fair use. Indiscriminate takedowns that ignore the legitimate protections of fair use are just as illegal as commercial piracy and it’s time for the industries to start being held accountable for their actions.

In retrospect, I think the real issue here is not the actions of Constantin Films, a relatively small player who has been swept into the current copyright wars, but the resulting wave of awareness about YouTube’s use of automated takedown systems, including ContentID, which was used by Constantin to order the Downfall takedowns. Of course, none of this is intelligible outside the context of the current Viacom v. YouTube litigation, which could significantly undermine current interpretations of the DMCA safe harbor clause that made YouTube a billion-dollar company and made online video a key part of the cultural vernacular for millions of creators. While automated takedowns and “fingerprinting” systems that sniff for copyrighted content while a file is being uploaded may have once seemed like the silver bullet to fight unauthorized uses of copyrighted materials, such systems are incapable of making nuanced determinations about the fairness of a given use. It will be no small irony if these automated measures, intended to deter and intimidate even legitimate users, turns out to be the “downfall” of the copyright industries’ last-ditch efforts to hold onto a fading business model.

IKEA as ARG project at HASTAC conference

On Friday April 16 as part of the HASTAC Grand Challenges and Global Innovations virtual conference, I will be “presenting” (live via pre-recorded video) a project from my class last semester titled “Interactive Experience and World Design: IKEA as ARG” in which graduate students from USC’s Interactive Media program infiltrated an IKEA retail outlet to analyze the spatial and narrative design of the store as part of an Alternate Reality Game experience. The video offers a summary of the course context and project assignment, focusing on the concept of “scripted spaces,” drawn from Norman Klein’s book The Vatican to Vegas. This video also marks the first time I have had content automatically removed from my YouTube account due to the inclusion of copyrighted material. In representing the transmedia context for this project, the video includes clips of television programs, feature films, advertisements and popular music, at least one of which was flagged by YouTube’s copyright-filtering system on behalf of the Fox/News Corp. media conglomerate. I have filed a counter-takedown notice with YouTube in the hopes of having the video reinstated for public viewing, but for now, it is viewable as a Quicktime file or on Vimeo.

H5’s Logorama: Best Animated Trademark Dilution

The French design firm H5 has been responsible for some of the most remarkable graphics-oriented music videos and short films of the past decade and their Logorama, which won the Academy Award for Best Animated Short Film is no exception. In order to be eligible for the Oscar, Logorama screened briefly in Los Angeles last December as part of the Flux festival and I read about it for the first time on Holly Willis’ Blur+Sharpen blog on KCET. Since fair use does not apply to trademark appropriation, it was hard to imagine how H5 got away with trashing literally hundreds of icons of Euro-American consumer culture. The answer lies in trademark law’s relatively narrow concern with brand identification and prevention of confusion among consumers. Ironically, the very audacity of H5’s appropriation would seem to ensure that no reasonable consumer could believe that Logorama’s profane, hyperviolent Ronald McDonald was associated in any way with the McDonald’s corporation. Sadly, both H5’s website and the Logorama site include only the opening sequence of the film (less than two minutes of the complete 16 minute short), accompanied by a perky, nostalgic Dean Martin crooning “Good Morning Life” which belies the shooting, earthquakes and general destruction that ensue.

Lessig on Fair Use

I spent the morning catching up on some recent talks by Lawrence Lessig in anticipation of my Critical Commons presentation at the Society for Cinema and Media Studies conference next week. Two excellent illustrated lectures have gone online (and were also amusingly taken down thanks to the automated DMCA trolls from Warner Music Group) in recent weeks: one from Lessig’s address at TEDxNYED last weekend in New York; another from last month’s “Wireside Chat” organized by the Open Video Alliance. USC was a local host of the OVA event, which was broadcast live via the internets from Harvard Law School. The two talks include some duplication of examples, but, in combination, give evidence of a significant shift in Lessig’s thinking about fair use. A few years ago, when we were first conceiving of Critical Commons, Lessig’s negativity about fair use rang loudly in my ears — his oft-repeated statement that “fair use is the right to hire a lawyer” — hardly seemed like a principle worth fighting for, but his preference for the tiered licensing of Creative Commons was of no use to educators wanting to teach with copyrighted media. It was only after a subsequent talk by American University’s Peter Jaszi, the legal mind behind the Center for Social Media’s Best Practices in Fair Use guidelines, that we decided to move forward with the project, focusing on the advocacy and expansion of fair use. Lessig’s current, pro-fair use stance seems to be motivated in part by the fact that court decisions have been weighing heavily and consistently in favor of fair use these days. In his typically erudite fashion and signature style of wryly synchronized keywords and graphics, Lessig celebrates the emergence of remix cultures across the internets, likening it to the kind of shared, non-commercial cultural production that is characteristic of pre-industrial societies. Lessig also links the power of remix to a commitment to free code and free codecs. But in the end his real message was about politics. Attempting to sidestep the polarization of the liberal/conservative binary, Lessig made the case for conservatives as agents of support for common culture; citing the abysmal record of democratic politicians in enacting substantive legislative change. Indeed, Lessig’s key argument was to support political action in congress rather than rely on the courts and to continue to enrich culture via fair use.

Project Documentation Talk at Art Center

I just gave a talk at Art Center College of Design to students in the graduate Media Design Program about video documentation. My basic thesis was that, for many interactive media projects, installations, performances (etc.), the documentation can be as important as the work itself. Good documentation begins well before the project is complete, often incorporating video and still images of the process, iteration and underlying technologies associated with the project. Although I have been teaching documentation strategies for many years, this was the first time I have attempted to outline a taxonomy of documentation genres. Slides from my presentation are posted on Slideshare; most of the video samples are available online.

Center for Social Media publishes New Best Practices for OCW

The Center for Social Media (CSM) at American University has released another of its important Codes of Best Practices in Fair Use, this time, as it applies to the historically vexing realm of OpenCourseWare (OCW). Like previous guides focusing on Documentary Film, Media Literacy Education and Online Video, the new OCW guide is unafraid to engage arcane and difficult legal issues, while simultaneously managing to be highly readable and of immediate, practical use by educators seeking to make informed, ethical decisions about fair use.

The OCW consortium originated at MIT in 2002 and has become one of the most widely known and influential bodies of open academic resources worldwide. The MIT initiative famously achieved a near 100% participation rate among faculty members for whom contribution of their course materials was entirely voluntary, though strongly encouraged by the MIT administration. Interestingly, one of the few faculty dissenters was Henry Jenkins, then Director of MIT’s Comparative Literary Studies program and himself an outspoken advocate of open education and networked learning. Jenkins’ surprising refusal to participate in OCW marked an act of civil disobedience, designed to call attention to his belief that the consortium’s approach to questions of fair use was overly conservative. In an effort to avoid any controversy over copyright issues, the OCW maintained a near zero-tolerance for copyrighted content in its online resources, forcing them to focus a large percentage of their efforts on identifying and removing copyrighted materials from online course content (often to the detriment of learners), even when fair use might readily apply as defined in the new Code of Best Practices.

The OCW guide opens with a section devoted to “Common Copyright Confusions” designed to dispense with some of the more obvious misunderstandings about what is allowable in open courseware contexts. The guide goes on to describe a number of specific situations and the principles by which a reasonable decision about fairness of use might be made. Since all determinations of fair use are radically dependent upon context and specifics, there is never a one-size-fits-all answer to any question of fair use, and the guide offers insights into some of the most likely situations that an OCW educator might face.

The new guidelines echo several of the now familiar categories of reproduction including incidental capture, critique and analysis, illustration, etc., while delving specifically into issues of particular relevance to OCW educators. Here, the guide offers welcome relief to those who may previously have only tried to satisfy the extremely conservative parameters of the TEACH Act in defining what constitutes classroom teaching and the technological limitations that must be in place to accommodate online learners. Unlike the TEACH Act stipulations, which presume piracy is the most likely outcome of allowing access to learning materials, the CSM guidelines proceed from a commitment to learning and richness of content as values to be respected and encouraged within the allowable limitations of legitimate copyright holders’ concerns — particularly those for whom the educational market is a primary motivation.

Planned Obsolescence published in CommentPress

Kathleen Fitzpatrick of Pomona College has posted her most recent book, Planned Obsolescence: Publishing, Technology and the Future of the Academy online as a CommentPress text, allowing readers to publish comments and engage in dialogue with the author. Fitzpatrick’s book is an especially fitting text to open up to this kind of public exchange because, among other things, it offers a meta-analysis of the state of contemporary academic publishing including questions of authorship, peer review, electronic publication and shifting models of scholarship. The book is also slated for conventional publication through NYU Press in 2010, but in the mean time you can access the full text of the project and participate in the emerging discussion. Through her work with the Institute for the Future of the Book and the online journal and scholarly network MediaCommons, Fitzpatrick has been a central figure in rethinking publishing and its place in the academy for many years, and not just as an outside observer/commentator but as someone who models her own work on the very ideals she espouses and, perhaps most importantly, building an online architecture to encourage others to do the same.

Can we use gaming and virtual experiences to report the news?

Nonny de la Peña will talk about “immersive journalism,” a novel way to utilize gaming platforms and virtual environments to convey news, documentary and non-fiction stories. She will discuss how these platforms might offer audiences an immersive experience that can compliment and extend reports in traditional media such as television, radio, print or online journals and blogs. She will also discuss her plans to prototype several journalism stories using this form of spatial narrative this year at USC.

Tuesday, September 15 12:00 Noon in the Annenberg School of Communications Geoff Cowan Forum, ASC 207

Visible Evidence presents James Benning

The Visible Evidence documentary conference continues at USC through the weekend with several notable events in addition to an impressive, three-track array of panels and presentations devoted to all things documentary. I am especially excited about the presentation by filmmaker James Benning on Saturday night from 8:00 to 10:00PM in SCA 108. Billed as a “Multimedia Presentation” by Benning, who is best known for his uniquely rigorous body of landscape-focused structural films, the artist will be talking about his most recent non-film project “Milwaukee to Lincoln, MT,” which involved reconstructing the cabin built by Henry David Thoreau on Walden Pond and the cabin occupied by Theodore Kaczynski (aka the Unabomber) in the woods of Montana.

Known for his eclectic interests and fascination with notorious figures from American history (one of Benning’s early films mined the personal diaries of Arthur Bremer, Nixon’s would-be assassin who went on to shoot Alabama Governor George Wallace in 1972), Benning is one of the few artists who could pull off such a perverse, yet striking, juxtaposition without trivializing the subject through postmodern irony-mongering. Whatever happens when Benning goes on stage in SCA 108 tomorrow night, I promise you will not want to miss it.

New Media://Visible Evidence show opens

The New Media://Visible Evidence exhibition showcases several examples of mainly Los Angeles-based documentary practice that employ disparate new media forms. The exhibition will include examples from the Web-based portraits of LA and its inhabitants produced by Juan Devis for the KCET series titled Web Stories; media artist Natalie Bookchin’s Mass Ornament, composed entirely of clips from YouTube videos; and several interactive DVD-ROM documentaries created by USC’s Labyrinth Project under the leadership of Marsha Kinder. The show also includes Erik Loyer and Sharon Daniel’s interactive documentary Blood Sugar; The Iraqi Doctors Project: Research and Remix, which envisions remix as a scholarly practice and was produced by Virginia Kuhn, DJ Johnson and students in IML 340; Mobile Voices, a project created by and for day laborers using the MMS feature on cell phones; as well as several examples of database documentaries made using the Korsakow System, including Matt Soar’s Almost Architecture and Florian Thalhofer’s Forgotten Flags.

In addition to showcasing the projects in the School of Cinematic Arts Gallery, the exhibition will also include three lunch-time presentations during the conference, with Bookchin appearing on Friday to talk about Mass Ornament, Marsha Kinder and Scott Mahoy on Saturday to talk about the Labyrinth Project, and Katie Mills on Sunday to talk about Web Stories. We invite you to experience some of the innovative work produced in Los Angeles – the gallery showcasing the projects is located on the first floor of the Lucas Building in the School of Cinematic Arts; the lunch-time talks will take place between 1:15 and 1:45 in the gallery.

The exhibition was curated by Holly Willis and is presented by USC’s Institute for Multimedia Literacy in conjunction with the Visible Evidence conference.