Fair Use and Legal Futurism Beebe, Barton
Law and literature,
03/2013, Letnik:
25, Številka:
1
Journal Article
Recenzirano
Legal futurism is a mode of legal discourse that forecasts the future and law’s role in it. Yet the primary goal of legal futurist discourse is not to formulate an accurate prediction of the future. ...Rather, its primary goal is to assert the continuing authority of law and the legal field of knowledge in the future, whatever form that future may eventually take. In copyright law discourse, and more specifically, in commentary and case law concerning the copyright law concept of fair use, the legal futurist mode typically takes the form of predictions of the failure or demise of fair use that are intended to be self-defeating. This essay argues that copyright discourse’s persistent practice of engaging in self-defeating prophecy is ill-advised. Due to the circular nature of copyright commentary and doctrine, such prophecies risk becoming self-fulfilling.
This article brings into dialogue Manuel Maples Arce’s manifesto “Actual N°-1” (1921) and Salvador Novo’s short narrative piece, El joven: ¡QUE MEXICO! Novela en que no pasa nada (1923), two of the ...first pieces of vanguard writing in Latin America. Although the two authors belonged to competing Mexican vanguard groups (Maples Arce was an Estridentista and Novo, a Contemporáneo) the article argues that these two early pieces inspired the Estridentistas and Contemporáneos alike; it also explores the similar devices of the two authors. In these early texts Maples Arce and Novo borrow slogans from advertising and politics, voice doubts about state-sponsored modernizing projects, the Mexican revolution and its legacy. Furthermore, both utilize protagonists that are veiled versions of the authors themselves, wandering the streets of Mexico City and pondering the role of the Mexican artist in the wake of the Revolution. Many critics have failed to credit the Estridentistas and the Contemporáneos for their original contributions to Mexican and Latin American literature, criticizing them for parroting tropes from European movements or for failing to relate to their own social and political context. This side-by-side approach to the Estridentistas and Contemporáneos, however, reveals a distinctly Mexican aesthetic that emerged in Mexico between 1921 and 1929, suggesting that a distinctly Mexican vanguard form—the experimental autobiography—emerged in Mexico during the 1920s. Finally, the article proposes that Maple Arce and Novo’s early texts influenced vanguard authors not only in Mexico, but throughout Latin America.
Detroit techno is typically historicized as having grown out of the late 1970s and early 1980s middle-class, consumerist, and aspirational high school social party scene, giving the impression that ...Detroit techno artists created forward-thinking music as a means to acquire subcultural capital and (re)produce their identities. In this essay, this position is nuanced for a more complex understanding of techno’s relation to the quotidian phenomenological encounter with the dystopian setting of Detroit. Concomitantly, predominant theorizations of affect within the humanities, which emphasize the utopian, hopeful dimensions of affect’s inherent productivity, are supplemented for an understanding of productive energy revolving around affects of dystopia and on a certain hopelessness which scholars, in the years ahead, will increasingly have to negotiate.Keywords: techno, Detroit, dystopia, affect, aesthetic, desire, subculture
This article traces the fortunes of modernist visual art inScribner'smagazine from 1908 to 1922, as different voices approve and disapprove of Impressionism and other modes of modernist visual art.
This article investigates the complex object of the political book. Mobilising Deleuze and Guattari's typology of the book, the article assesses the material properties of four specific books (or ...sets of books): Mao Zedong's 'Little Red Book', Russian Futurist books, Antonin Artaud's paper 'spells', and Guy Debord and Asger Jorn's 'anti-book'
Mémoires
. Highly critical of the dominant mode of the political book, what they call the 'root-book', Deleuze and Guattari draw attention to the troubling religious structures and passions that order its field. Here the book internalises the world as the origin and source of truth and authority - a mode of existence as dear to the avant-garde as it is to religious formations: 'Wagner, Mallarmé, and Joyce, Marx and Freud: still Bibles.' But the book also features in Deleuze and Guattari's counter-figure of the 'rhizome-book', where they foreground the dynamic materiality of this medium: 'A book has neither object nor subject; it is made of variously formed matters, and very different dates and speeds.' The rhizome-book is an enticing concept for assessing the political book, yet Deleuze and Guattari pay little attention to the specific, concrete attributes of this medium. In focusing on the properties of particular books this article seeks to address that absence, and so contribute to an understanding of the political book that is fully engaged with its material forms.
China's ambitions for its burgeoning higher education system and its desire to elevate a large number of institutions into the elite rankings of world universities seem to have no bounds. It began in ...earnest 14 years ago, linked to a broader array of policies intended to open up portions of China's economy and institutions to market forces. Before a large audience gathered to celebrate Peking University's 100th anniversary in 1998, China's president, Jiang Zemin, set a goal to reform and expand its universities. But the ambitions of the national government during and since Jiang's presidency were not only limited to quantitative growth in enrollment. In the past decade, China has increasingly focused on the quality of its vast collection of national and provincial universities and, specifically, how they can help build China into a more knowledge-based economy. As noted by Kai Jiang, a professor at Peking University, "building a high-quality" and internationally competitive national higher education system has become the main objective among government policymakers. Adapted from the source document.
Ostrannenie (‘making it strange’) has become one of the central concepts of modern artistic practice, ranging over movements including Dada, postmodernism, epic theatre, and science fiction, as well ...as our response to arts. Coined by the ‘Russian Formalist’ Viktor Shklovsky in 1917, ostrannenie has come to resonate deeply in Film Studies, where it entered into dialogue with the Brechtian concept of Verfremdung, the Freudian concept of the uncanny and Derrida's concept of différance. Striking, provocative and incisive, the essays of the distinguished film scholars in this volume recall the range and depth of a concept that since 1917 changed the trajectory of theoretical inquiry. European Film Studies ‘The Key Debates is a new film series from Amsterdam University Press edited by Annie van den Oever (the founding editor), Ian Christie and Dominique Chateau. The editors’ ambition is to uncover and track the process of appropriation of critical terms in film theory in order to give the European film heritage the attention it deserves. With contributions from Ian Christie, Yuri Tsivian, Dominique Chateau, Frank Kessler, Laurent Jullier, Miklós Kiss, Annie van den Oever, Emile Poppe, László Tarnay, Barend van Heusden, András Bálint Kovács, and Laura Mulvey, this important study is a wonderful piece of imaginative yet rigorous scholarship.
The future began somewhere. The impulse behind this issue of The Fibreculture Journal was a crisis of imagination with regards to how the future might look and behave. Our starting point was the ...notion of post-millennial tension – the idea that in the decades following the year 2000 we find ourselves living in an era that was meant to be the future, but where many of our futuristic hopes and fantasies remain unfulfilled. Worse, our historical visions of hyper-technological futures seem to have propelled us into a perilous position where humankind may not have any kind of future at all. In the space between ever-hopeful techno-futurism and the realities of a world forever changed by the pursuit of the resources required to fuel it, we asked if the age-old concept of utopia still has the strength to generate galvanising visions of the future...
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