NZ film pretty much didn’t exist before the commission was founded in 1978. Now it does.

They support the need for a commission. But with many changes.

The chapter about Australian horror was written by Mark Ryan.

“Any way that humankind has invented to lie to each other should be part of your storytelling toolkit.”

Storytelling generations

Bard 1.0 – old dead Greek blind guys
Bard 2.0 – Greek theatre – parallel bards
Bard 3.0 – book – scalable bards
Bard 4.0 – cinema – parallel scalable bards
Bard 5.0 – digital storytelling (not the Hartley type)

Throughout the document:
common law = anglo-american countries
civil law traditoin = European continent

All lists are verbatim quotes.

Copyright concerning film: page 28.

9
Copyright

• Central role in culture and communication
• Intrinsically linked to technological advances
• Challenged by rampant piracy in many countries

10
The Essences of Copyright

• Right of ownership in creative works
• Protection against unauthorized uses
• Limitations for the benefit of society at large

11
The Rationale behind Copyright

• Exclusive rights as economic reward and stimulus for creativity
• Natural/personal right in the results of intellectual work
• Distinction between Anglo-American (common Law) and Continental (civil law) tradition

12
The Origins of Copyright

• From the earliest days some forms of protection -> in ancient Greece it was a dishonour to copy
• 15th-century Europe: Invention of the printing press
• Printing privileges precursors of modern copyright laws

The First Copyright Laws

• 1710: Statute of Queen Anne (England)
• 1791 and 1793: Revolutionary decrees (France) -> introduction of public domain
• By the mid-19th century: followed by many countries

13
The Modern Copyright System

• Marked by the conclusion of international agreements
• Cross-border trade and technological advances as motor
• Information society requires further global co-operation

16
The Scope of Copyright Protection

• Copyright protects ‘works of a literary, scientific or artistic nature’
• Works must be original and more than mere ideas
• Trend towards extension of scope in recent years

17
The Idea-Expression Dichotomy

• Copyright requires an expression in a particular form
• No protection of underlying ideas, mere information or style
• Usually non-exhaustive list of examples provided by copyright laws

-> Ideas can be copied freelly, “the form in which the ideas are expressed” (page 16) cannot.

18
The Originality Criteria in Copyright Law

• Central requirement of originality to be interpreted by courts
• Form, purpose, quality, novelty, artistic merit or commercial value not relevant
• Derivative works protected like original works

19
Absence of Formalities in Copyright Law

• Absence of formalities enshrined in international conventions
• © symbol introduced by the Universal Copyright Convention (1952)
• Voluntary registration may serve as prima facie evidence

Fixation Requirement in Copyright

• Fixation ≠ registration; necessity depends on national legislation
• Concerns ephemeral or improvised works (e.g. music, speeches, choreographies)
• Decisive for the starting point of protection

-> common law: work must be fixed by any tangible, material means
-> civil law: copyright takes effect from the very moment it is created

20
The Protection of Computer Programs

• Includes applications and operating systems alike
• Applies to both source code and object code
• Form of embodiment (stored/written) irreleva[nt]

21
Protection of Databases

• ‘Original’ databases: protected as compilation by reason of structure
• Sui generis protection of contents of non-original databases

-> the database structure is protected everywhere, the content not necessarily

Traditional Cultural Expressions and Folklore

• Form part of the culture from which they originate
• Impersonal/collective nature at odds with individual property rights
• New forms of protection explored by UNESCO or others

24
Copyright Ownership

• Initial ownership generally vested in authors
• Certain exceptions in particular cases
• Copyright transferable after death or by contracts

Who is the ‘Author’?

• Primarily the natural person who created the work
• Common law: third parties may be deemed authors (ex: corporate bodies, legal entities)
• Civil law tradition: no author apart from the creator

25
Works made for hire

• Works produced in the course of employment
• Common law: copyright initially vested in employer instead of employee
• Civil law: employer can acquire copyright via contract

Copyright in Anonymous and Pseudonymous Works

• Legal presumption in favour of publishers
• Valid until the author reveals his or her identity

“the publisher is not the real owner of copyright but is only entitled to protect and enforce the author’s rights”

27

Works Created by Several Persons

28
Rights Ownership in Cinematographic Works

• Civil laws approach: films as joint or composite works, several right owners
• Common law approach: producer typically sole copyright owner

30
Concerns the author’s non-financial interests

• Recognized in most countries in different ways
• Recognition required by international law

The Most Important Moral Rights

• Right of attribution (authorship)
• Right of integrity
• Right of disclosure
• Right of withdrawal

31
Development of International Recognition

• Originally characteristic of civil law systems
• Art. 6bis Berne Convention / 1996 WIPO Treaties
• Implementation outside copyright possible -> tort or contract law for example

32
Basic Features of Moral Rights

• Exist independently from economic rights
• Generally not assignable -> cannot be transferred to someone else
• Last at least as long as economic rights

33
The Right of Attribution

• Right to claim authorship in a work
• ≠ Right against wrongful attribution -> part of personality rights

34
The Right of Integrity -> ‘The Right to Respect’

• Right to prevent derogatory use of the work
• Takes into account both content and context
• Exercise often subject to balance of interests

The Right of Disclosure

• Relates to making the work publicly known
• Work may not be divulged despite contract
• Requires divulgation beyond the private circle

35
The Right to Withdraw

• The author may withdraw the work after a change of ideas
• Subject to conditions to protect third parties

38
Economic Rights

• Exclusive rights and remuneration rights
• Usually a bundle of prerogatives corresponding to different uses
• Minimum standards guaranteed by international treaties

39
Most Important Economic Rights

• Right of Reproduction
• Right of Distribution
• Rental and Lending Rights
• Rights of Communication to the Public (incl. Right of Making Available)
• Droit de suite (Resale Right)
• Adaptation Right (incl. Translation)

The Right of Reproduction

• Right to authorize the making of copies
• Covers all methods known or yet to be discovered
• Includes storage in digital form (except transient acts -> caching, temp files)

40
The Right of Distribution

• Right to disseminate physical copies
• Subject to national, regional or world-wide exhaustion

41
Rental and Lending Rights

• Address successive uses by multiple users
• Rental: exclusive right
• Lending: entitles authors to an equitable remuneration

42
The Rights of Communication to the Public

• Right of public presentation and performance (incl. small rights -> background music in bars and shops)
• Broadcasting right
• Rights of remote transmission by other means

The Right of Making Available

• Aims at access from a place and at a time individually chosen
• Technology-neutral and future-proof

-> introduced with the Internet, but covers all future technologies

43
The Resale Right (Droit de suite)

• Entitles visual artists to a share in the resale price of their works
• Remuneration right rather than exclusive

The Adaptation Right

• Exclusive right to authorize ‘derivative works’ (incl. translation)
• Adaptation distinct from free use of ideas as source of inspiration
• Author of adaptation has own copyright in the derivative work

45
Limitations to Copyright Protection

• Protection expires after a limited time
• Exceptions for certain legitimate uses
• Non-voluntary licences

46
Term of Protection

• According to international law: at least 50 years after the death of the author
• In some countries no time limit for moral rights

47
General Rules on Exceptions

• Basically four categories of legitimate interests
• Concept and rules vary from one country to another
• Strictly defined exceptions vs. wider concepts
• Three-step test

48
Freedom of expression

• Secured through free flow of information
• Of particular importance: right to quote

49
Access to Knowledge

• Exceptions in favour of educational institutions
• Usually valid only for non-profit uses
• Specific clauses for the benefit of handicapped persons

Justice and Government

• Official texts often excluded from protection
• Free use of protected material in courts

50
Private Copying

• Permitted in a number of countries
• Usually framed by levy-based remuneration -> on the copying devices and bland media

[L]imitations in the Digital Environment

• Right owners concern over enhanced quality of digital copies
• TPM and application of limitations
• Application subject to domestic law and courts

53
Transfer of Rights

• Contractual transfer inter vivos (during the author’s lifetime)
• Transfer mortis causa (after the author’s death)

54
Contractual Transfer of Rights

• Concerns only economic rights; moral rights inalienable
• Transfer of rights independent of ownership of the physical material
• Two principal ways for rights transfer: assignment or licensing
• Each right may be transferred or licensed separately

55
Transfer of Rights by Assignment

• Assignee becomes owner of the rights
• Total or partial assignment possible
• Typical of common law tradition

56
The Licensing of Rights

• Right owner maintains ownership
• Permission for a specific use
• Simple licences vs. exclusive licences -> “For the period for which it is granted, exclusive license has an effect comparable to a transfer of rights by assignment” (page 55)

57
Limitations on Transfer of Rights

• Protection of the author as typically weaker party
• Rules concerning scope of transfer
• Rules concerning proportionate remuneration

Formal Requirements

• Usually written form of contract
• Legal presumptions in some cases

58
Transfer of Rights After Death

• Economic rights: freely transferable
• Moral rights: several models in different countries

60
Related Rights

• Protect the results of certain activities mainly related to the dissemination of works

The Most Important Related Rights

• Performers’ rights
• Phonogram producers’ rights
• Broadcasters’ rights

61
The Development of International Related Rights Protection

• The Rome Convention of 1961
• The TRIPs Agreement of 1994
• The 1996 WIPO Performances and Phonograms Treaty

62
The Characteristics of Related Rights

• Covering a variety of heterogeneous subject matter
• Terminology reflects personality-centred author’s rights approach
• Protection similar to copyright albeit more limited

63
Protection of Performers’ Rights

• ‘Performer’: usually one who performs works or expressions of folklore
• Rights of reproduction, distribution, rental and making available
• Moral rights of identification and integrity
• Minimum term of protection 50 years under the WPPT

64
Protection of Phonogram Producers

• ‘Phonogram’: Fixation of sounds of any kind on any medium
• Rights of reproduction, rental, distribution and making available
• Minimum term of protection: 50 years

Protection of Broadcasters’ Rights

• ‘Broadcast’: transmission of any sound or images by wireless means -> but often also cable
• Rights of re-broadcasting, reproduction and communication to the public.
• Minimum term of protection 20 years
• Ongoing discussion on updating protection within WIPO

67
Enforcement of Rights

• Civil Remedies
• Penal and Administrative Sanctions
• Technological Protection Measures
• Provisional and Border Measures

68
Forms of Rights Infringement

• Infringement of Economic Rights
• Infringement of Moral Rights

69
Civil Remedies

• Injunction and seizure of infringing objects (no bad faith required)
• Damages
• Monetary compensation for moral suffering (in some countries)

Penal Sanctions

• Fines and imprisonment depending on the severity of the act
• Usually intentional infringement required
• Significantly enhanced due to compliance with international law

70
Technological Protection Measures

• Encryption tools and ‘Digital Rights Information’
• Legal protection against circumvention in compliance with international law

71
Challenges of enforcement in the digital environment

• Online copyright piracy (illegal up and downloading)
• Specific measures to tackle online infringements discussed (“Graduated response” (-> three strikes rule) v. “Global license” (-> ISP collects and distributes royalties)
• Development of legal online offer of cultural products

73
Collective Management of Rights

• Takes place where individual licences are impractical
• Collective bodies act on behalf of individual right owners
• Additional cultural and social activities -> of those collective bodies

74
The Origins of Collective Rights Management

• France of 18-19th Century: Beaumarchais and others
• 1777: Foundation of SACD
• 1851: Foundation of SACEM

75
The most important rights administered collectively

• Performing rights in non-dramatic musical works (‘small rights’) -> grand rights = performance of all dramatico-musical crations: opera, ballet
• Rights of reproduction on sound recordings (‘mechanical rights’)
• Rights of satellite transmission and cable re-transmission
• Remuneration rights (e.g. reprographic reproduction)

76

Forms of Collrctive Management

77
Variety of Collective Rights Management

• Legal status: private vs public bodies
• Number of organizations: monopoly vs multitude
• Membership: optional vs mandatory

78
International Collective Rights Management

• Reciprocal representation agreements
• International umbrella organizations (e.g. CISAC, BIEM)

The Advantages of Collective Rights Management

• Facilitates licensing in case of individually uncontrollable uses
• Viable alternative to non-voluntary licences
• Increases individual author’s bargaining power

79
Challenges for Collective Rights Management

• Digital technology may entail new forms of management
• Globalization trends call into question traditional territorial basis

81
International Protection of Copyright and Related Rights

• Rule of territoriality -> copyright law only applies inside the country
• Harmonization of national laws through international treaties
• Today, system of widely accepted multilateral conventions

82
The Most Important International Conventions

• The Berne Convention for the Protection of Literary and Artistic Works of 1886 (last revised in 1971)
• The Universal Copyright Convention of 1952 (last revised in 1971)
• The Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations of 1961
• The TRIPs Agreement of 1994
• The WIPO Copyright Treaty of 1996
• The WIPO Performances and Phonograms Treaty of 1996

83
The Origins of Today’s Multilateral Conventions

• 1878 Literary Congress in Paris, chaired by Victor Hugo
• Foundation of the ALAI and 1882 Congress in Rome
• 1886: Berne Convention signed

84
International Treaties on Copyright and Related Rights

• Obligations on contracting states to adapt domestic laws -> We protect your work in our country the same way we protect our own work
• Principle of national treatment
• Guaranteeing of minimum standards

85
Berne Convention for the Protection of Literary and Artistic Works (1886)

• Several revisions, last revised in 1971 (Paris Act)
• Creation of the Union for the Protection of the Rights of Authors over their Literary and Artistic Works, administered by WIPO
• Referred to in later treaties (e.g. TRIPs and 1996 WIPO Treaties)
• Minimum standards concerning economic and moral rights, exceptions/limitations and terms of protection

86
The Universal Copyright Convention (1952)

• Revised in 1971 (Paris Act)
• Intended to serve as a ’bridge’ toward the Berne Union

87
The Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations (1961)

• Jointly administered by WIPO, UNESCO and ILO
• First international instrument to address neighbouring rights

88
The Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) -> TRIPs

• Links Intellectual Property with trade issues within the World Trade Organization
• “Berne / Rome plus” standard of protection (without moral rights)
• Specific obligations on states to introduce effective enforcement procedures

89
The WIPO Copyright Treaty The WIPO Performances and Phonograms Treaty (1996)

• Designed to address new technologies and means of communication
• Introduction of new ‘right of making available to the public’
• Obligation to prohibit circumvention of technical protection measures
• Moral rights for performers

1
“Cultural studies has come of age; it has achieved sufficiently wide popular recognition to become a butt of jokes in the media, and denunciation in the daily press.”
“Even within intellectual communities and academic institutions, [...] the field is riven by fundamental disagreements about what cultural studies is for, in whose interests it is done, what theories, methods and objects of study are proper to it, and where to set its limits.”

4
“As a philosophy of plenty, cultural studies introduced into the academy the novel idea that you might not have to choose between high and low culture, or even between the rich and the dispossessed, but instead you needed to find out what connected, drove, and separated these differences.”

5
“The implication of cultural studies [is] to focus on the expansion of difference, not on vanquishing outmoded cultural forms.”

10
Definition “cultural studies”:
“It [cultural studies] was a philosophy of plenty. It was:

• Dedicated to the study of the expansion of difference in human affairs (during an era of increasing globalisation, corporate concentration and technological integration of those affairs);
• An assemblage of intellectual concerns about power, meaning, identity and subjectivity in modern societies;
• An attempt to recover and promote marginal, unworthy or despised regions, identities, practices and media (it was a profane pursuit);
• A critical enterprise devoted to displacing, decentring, demystifying and deconstructing the common sense of dominant discourses;
• An activist commitment to intellectual politics – making a difference with ideas, to ideas, by ideas.

It was also a publishing enterprise, partly defined by cultural entrepreneurs in both the academy and the publishing industry. Cultural studies was what its practitioners and publishers said it was.”

13
“Once released, ideas tend to dart about like quarks in the cosmos – everywhere and nowhere at once; hard to identify but important to understand.”

33
“More recently, popular culture and high culture were reunited in the cause of national and regional economic development, recast as the ‘creative industries’ [...]. ‘Cultural entrepreneurs created wealth as well as culture, using ‘thin-air’ resources like talent and intangible assets like know-how.”

34
“Cultural studies, as an emancipatory discourse, was itself ‘governed’ by an intellectual tradition with sometimes alarmingly anti-democratic tendencies.”

43
“The great Shakespearian discovery was that quality extended vertically through the social scale, not horizontally at the upper genteel, economic and academic levels.” Alfred Harbage, As They Liked It. (Cited thus in Hall and Whannel, 1964: 66)

58
“But method was itself controversial, since from the start cultural studies was regarded by proponents and critics alike as an avant-garde enterprise, which entailed that it was hard to accept any standardisation or codification of method. And the kind of work done by those with a literary training, differed markedly from what was done in social science contexts. Social sciences were more interested in methodology, and more likely to propose replicable research routines, often quantitatively based, while people from the arts and humanities were apt to rely on critique, the essay form, and one-off analytical performances.”

61
“Thus the methodology inherited by cultural studies included a constructivist version largely imported form the visual arts, as well as a realist version more familiar in the social sciences.

• Realists sought to use scientific observation and empirical methods to ascertain objective information that existed independently of the investigator.
• Constructivists sought to show the constructed nature of the real – especially its socially constructed nature. [...]“

“But the concept and analysis of power became central to cultural studies, not least because it was the object of study for both realists and constructivists. Realists found power in the ownership and control of modern corporations and government, while constructivists found it in language, ideology and discourse.”

73
“From these ingredients, cultural studies inherited a methodological recipe of pursuing high modernist abstraction in the form of theory, mixed with an equal portion of suspicion for mere naturalistic empiricism in the quantitative sciences – e.g. sociology and its commercial sibling audience research, and psychology and its commercial sibling, marketing.”

89
“Culture was seen as a product of economy. This was the classic Marxist doctrine of causation, stating that productive economic activity in large-scale, complex, industrialised societies determined what people thought, not the other way round.”

91

92
“Very gradually, the theoretical tide began to turn. The causal flow between consciousness and the economy was looked for as something that might move in the other direction as well – culture might be investigated as a cause rather than an effect of economic circumstances and political outcomes. It was therefore a suitable place for class struggle to occur.”

103
“The equation of ‘ownership and control’ with ‘power’, ‘power’ with ‘economics’, ‘economics’ with ‘capitalists’, and ‘capitalists’ with media moguls, meant that the requirement to analyse all the links in the cultural value chain from producer / distributor to consumer / user could all too easily be reduced to a fixation with individual corporations and their frequently demonised chief executives. Understanding the Sun meant investigating neither its content nor its readers, much less the cultural and historical context of popular politics to which it was a rude byt exuberant heir, but Rupert Murdoch.”

106
“There were, waiting in the wings as it were, some developments that provided cultural studies with alternative ways of both thinking about and dealing with the nexus between consciousness and the economy. The fist of these was ‘cultural policy studies’. Later on came ‘creative industries’. Each was a practical rethinking of this nexus, and both located the nexus itself in the concept of citizenship.”

129
“There was still some (residual) force in the idea that cultural studies looked at the West while anthropology studied the Rest, and that anthropology was biased towards the study of cultures without commerce.”
“[In anthropology] A suspicion remained that the version of ethnography done in cultural studies was methodologically flawed (indeed that cultural studies in general was a methodological wasteland), and that forays into the here and now were better left to more senior anthropologists.”

134f
“In Marxist terms, philosophy was therefore the material form taken by surplus value; in Thorstein Veblen’s terms it was a form of conspicuous leisure or waste, bringing repute in direct proportion to its disutility or wastefulness.”

150
“At the outset, the reader of cultural studies was presumed to be adult, probably male, politically radical or already a socialist by conviction, and activist in some political or intellectual pursuit. Later, readers were juvenated, feminised, multi-raced, multiculturalised and institutionalised as students. They were no longer presumed to be radical or activist, but were still frequently encouraged to radical activism (of the pen usually, rather than of the sword). They were also internationalised – from England and Europe to America, and thence to that place publishers call ROW, the rest of the world.”

152
“These [cultural studies] journals may in point of empirical fact have been read mostly by people working and studying in the academy. However, that was not their initial purpose. They addressed not academic readers but radical ones, people interested in social and cultural change, who believed that certain causes (socialism), or even organisations (like one of the numerous communist parties), were the appropriate agencies to achieve it.”
“Tacitly often, and sometimes explicitly, cultural studies addressed a revolutionary reader. The radical journals looked to ‘make socialists’ ([Stuart] Hall’s phrase), rather than teach students.”

162
“As a first step, we can try to offer a very general, generic definition of cultural studies. … Cultural studies is an interdisciplinary, transdisciplinary, and sometimes counter-disciplinary field that operates in the tension between its tendencies to embrace both a broad, anthropological and a more narrowly humanistic conception of culture. Unlike traditional anthropology… it has grown out of analyses of modern industrial societies. … Unlike humanism it rejects the exclusive equation of culture with high culture. … Cultural studies is thus committed to the study of the entire range of society’s arts, beliefs, institutions, and a communicative practices.”
The “Cultural Studies” conference in Urbana-Champaign, USA, turned into “a turf war”.

171
“Like other talent-based professions such as acting or art, cultural studies was focused obsessively on the supply side.”

172
“This tendency for discursive professionals to supply an imagined lack in an unknown audience without direct reference to that audience was just what cultural studies criticised in canonical media.”

175
“It [cultural studies] was still a philosophy of plenty, wishing to increase knowledge as it shared its own insights, the better to bring consumers, producers, analysts and activists into the same cultural commons, at least for the purposes of dialogue.”

176
“The new cultural studies was a hybrid, global, post-disciplinary conversation, whose differing participants could mutually recognise that ‘knowledge increased when it was shared’. But while conceding that culture – the latest service industry – was plentiful, cultural studies was still finding that there was real work to be done on the question of how it was shared.”

“cultural studies is a ‘philosophy of plenty’; a way of understanding the creation of cultural values among large populations, in times of economic growth, democratisation and consumerism.”

“[Cultural studies] is a mode of intellectual inquiry that insists on what is called ‘conjunctural’ (context-specific) analysis rather than ‘scientific’ universalism, where a ‘problem situation’ (or ‘problematic’) requires its own ‘conceptual framework.’”

“Cultural studies was born out of an attempt to understand social change. More to point, it was an intellectual attempt to show how to provoke social change in certain areas while resisting it in others.”

“what have culture, individual identity, and the pursuit of values associated with consumption, leisure and entertainment, got to do with social change?”

“if culture (as well as economics and politics) is implicated in social change, can it be construed as progressive (self-realisation; the emancipation of the ordinary) as well as regressive (ideological manipulation by media and corporate interests)?”

“how can social change be understood by its own agents?”

“cultural studies is seen as a pain in the neck, foisted on unsuspecting undergraduates by postmodern theorists in second-rate colleges.” Interesting!

“the future is an open future (rather than a predictable Newtonian one)” Richard E. Lee

“The better business plan henceforth was not the one devoted to origination and unique creative invention but the one dedicated to information and knowledge sharing and management – the search engine, the editor, the filter, the synthesiser.”

“cultural studies was kitted out to deal with the representational productivity of an essentially industrial system. Now, it is faced with a new kind of productivity – that of the open network”

“The distinctions between expert and amateur, producer and consumer, power and subjectivity have all been thrown into crisis.”

“user-led innovation and consumer co-creation are little more than a further step in capitalist exploitation, by normalising casual employment”

“‘do it with others’ (DIWO), is modelled on the ‘hubs’ and ‘nodes’ of network theory and complexity studies (Beinhocker 2006) rather than on the structural antagonism of classes.”

“creative innovation [is] on a par with other ‘enabling social technologies’ like the law, science, and markets.”

“If emergent creative innovation is itself an ‘enabling social technology,’ then analysts will need to focus on local-global instances of popular creativity, the productivity of consumption, and the
propagation (especially via the internet and other technologically enabled social networks) of the ‘means of semiotic production’ across whole populations, coordinated in hybrid ‘social network markets’ (Potts et al 2008) that allow commercial and community enterprises, corporate giants and micro-businesses, to co-exist and co-create values.”

60
“the industrial mode of production further distances producer and product from consumers, who no more know how the ‘dream factory’ actually operates than they know how plastic is actually made.” In my case film.

61
“In digital media, by contrast, learning by doing is the norm, with peer-to-peer emulation and proprietary tutorials.”

62
“In other words, in its day of popularity, reading occupied exactly the same niche in the cultural pecking order as YouTube does currently.” Every generation looks down on new culture. The same will go for entarchs.
“The invidious distinction between school-based print literacy for cognition and science and the playful use of popular media for sensation and uncontrolled self-realisation is by no means new.”

68f
Co-development with users: expert gamers “forcefully and persuasively lobbied the professional developers for” changes in weak game features => co-development of films possible?

“The history of Hollywood can be described in terms of who has held the power to get films made at any given time. Broadly speaking the key eras have been:

• Studio Heads 1930s – ‘50s
• Directors late ‘60s – ‘70s
• Agencies ‘80s
• Corporate Heads early ‘90s
• Stars late ‘90s – now”

Hollywood increasingly caters for the young audience who can “open” the film by turning up in large numbers on the opening weekend. These films are star-driven: a handful of leading actors effectively determine which films get made.

Elaborates on the types of cinema that exist in the western world (mostly Hollywood)

8
“”The urges to disorder and totality of the competing modernities of the 1920s, dreams/projections then, seek generalization, institutionalization in the mid-1930s. They seek to control the social gaze—in short, to govern.”"

15f
“”an aesthetic of astonishment,” but also that the subjectivity it promoted was not only flexible and mobile but also significantly social. The dynamism of the cinematograph as event, rather than narrative, induces its spectators not to anchor themselves as the narrated objects of a screen performance, but to mobilize themselves as hectic and excited participants in an event that leads them not to contemplation but to sharing. It is a brief moment of innocence before the regulation of cinema into an industrial formation, an Eden from which the stories of good and evil would soon eject it. But it is vital to an understanding of cinema’s utopian capabilities that we acknowledge how, in this formative instant, it was able to activate rather than absorb its audiences.”

16
“the Lumière cinematograph was anchored not in literary or popular genres of the novel and theater but in the crowd. Social, public, and active, the event of cinema articulated the modernization of urban experience.”

18f
“[The other scenes of the Lumières] are resolutely scenes of everyday life in the modern world among the bourgeoisie, showing their work and their leisure, with a strong emphasis on technological achievements.”

19
“Alternatively, in a familiar if by now largely discredited argument, we might perhaps be tempted to see the Lumières as the fathers not of film but of documentary.”

23
“Film not only opposes the presumption of a “natural” vision that sees the “real” world as an assemblage of objects: it proposes another, synthetic vision.”

38
“Narrative, then, is not an essential quality of film, but only a potential and secondary quality arising from the production of time in the differentiation within and between frames.”

39
“By the same token, the cinematic event, as a process of perpetual change, does not depend on a prior external world.”

46
“The cyborg process that transforms living labor into fixed technologies allows the skills of all the dead to participate in the creativity of the present.” Black Book film idea
“The stolen labor of those lost, anonymous artisans comes back to life when the frame itself begins to move.”

66
“film’s visual coherence depends on suturing light, eye, and brain, optics, physiology, and psyche”

67
“The ending of the well-made film structures everything that went before.”

79
“if it is the case that a film is a product of social forces, then film scholarship cannot ignore the critical importance of individuation as a result of social process, however unwanted or illusory.”
“”If the artist’s work is to reach beyond his own contingency, then he must in return pay the price that, in contrast to the discursively thinking person, he cannot transcend himself and the objectively established boundaries”
“the passage through the individual author actually strengthens the claims of art to communicate the social, something it could not do if it were free of the individuation that so deeply marks contemporary society.”"
“”every idiosyncracy lives from collective forces of which it is unconscious”"

83
“Where the ancients disputed the necessity of ontegeny with theories of autocthony and parthenogenesis, since the birth of cinema we moderns maneuver at the unclear frontier between human and machine.”

85
“The idiosyncracy of the line as a trace of its maker and the idiosyncracy of infinitesimally graduated differences in interpretation are the social grounds on which cinema moves from the presentation of objects to the stimulation of concepts.”

97
“At some point in the near future when historians recognize that the photomechanical cinema is a brief interlude in the history of the animated image, representation will become, like narrative, a subcode of interpretation rather than an essence of motion pictures.” Because everything will be digital and everybody will be empowered to manipulate content if he wants to, the motion picture will not (and already isn’t) a representation of truth. If at all, it represents an idea of the creator(s), but not reality. Lessig’s focus on remix.

100
“A norm offers itself as a model for subsequent makers, a stable structure that can hold good for decades, like the three-minute pop song, or longer, like the Petrarchan sonnet. Norms legitimate particular practices and sanction deviations.” Many motion picture norms are being challenged at the moment!
“The double contingency of cinematic norms is indeed a function, as Parsons argued, of relations between interlocutors.”

101f
Definition Total Film:
“Total film aspires to bring to the audience a diegesis that can be understood, mentally appropriated, totally. By making the world a theme, it calls the audience to possess it as a whole, and to identify their thought with the world imaged on screen rather than with individual figures, though often enough a protagonist, Christ or Tom Cruise, will provide the rhetorical gateway through which absolute possession can be depicted.”

105
“Their fear was partly that the scale of investment required to wire hundreds of thousands of cinemas worldwide, coincident with global economic depression, would cause studios to go for the safest and most standardized forms of entertainment.”

110
“”the montage combination of a series of segments is not interpreted by the mind as a certain sequence of details, but as a certain sequence of whole scenes—and scenes, moreover, which are not depicted but arise within the mind in image form”"

114
“Eisenstein’s challenge in the years after the 1928 “Statement” is no longer to invent a dialectical form of cinema in which sound and image would, through their conflicts, produce an art form of an entirely new kind. Instead, total cinema must face the necessity of their coexistence and act as if with the knowledge that their struggle has already been resolved. At this stage, totality has been achieved by nominating music as the pinnacle of the sonorous hierarchy and the graphic, compositional line as the governor of the visual, thus finding in the analogy between the moving lines of melody and of graphical cinema the core of a newly harmonious and whole filmmaking practice.”

119f
“In some of his earliest writings Eisenstein had already decried narrative along with the star system and the individualist ethos of Hollywood. We should not be surprised that a director who once dreamed of making a film of Marx’s Capital should produce a film that takes the form of a well-formed thesis rather than a well-made play.”

129
“Sixty years later, the montage of effects has become the montage of affects, and total cinema serves no longer the needs of the anti-Nazi struggle, but the perverse desire for the simulacrum that permeates the contemporary blockbuster.”

143
“television, with its ability to transmit live, had usurped the critical priority of cinema. [...] broadcasting usurped the documentary role of cinema”

143f
“In any film, the diegetic world is often more cogent, more coherent than the everyday. When the film is a fiction, the diegesis will also be more symmetrical, more logical, and more just than we know our world of experience to be. As a result, something radically unstable filters into realist narrative diegesis, a competition between the demands of verisimilitude and those of formal elegance.”

149
“So realism runs between two risks.” “realism is “concerned to make cinema the asymptote of reality—but in order that it should ultimately be life itself that becomes spectacle, in order that life might in this perfect mirror be poetry, be the self into which film finally changes it.”" “”realism in art can only be achieved in one way—through artifice”, a “necessary illusion,” but one that “quickly induces a loss of awareness of the reality itself, which becomes identified in the mind of the spectator with its cinematographic expression”"

160
“Hollywood was trying, in the later 1930s, to image success.”
“Some studios did achieve something akin to a stable house style. The characteristic sound libraries built up by individual studios clearly marked their products with an authorial stamp.”
“Though RKO is often pointed out as uncharacteristic in that there was no single genre or stylistic language that singled out its product, its lack of house style and apparent disinterest in searching for one is typical of classicism.”

161f
“Films enact rather than depict social change, especially the evolution of media and communications technologies.”

162
“RKO’s task in the 1930s was to make new objects, to be ahead of the crowd while still in touch with them. It wanted to change cinema, not the world. RKO, like Hollywood in general, inherited a rapidly evolving consumer in the wake of the Jazz Age and the Depression, but it was happier following trends than assuming ideological leadership.” RKO was a bit like the first entarch might be soon.

163 footnote 2
“Sound-on-film technologies were seen as an extension of these existing technologies.” The technology was patented and hindered innovation. Freed from these hurdles sound evolved as an integral part of motion pictures, before it was just an extension. Today’s new technologies are used as extensions as well, but need to become integral parts of a bigger whole.

163
RKO (?): “Formed out of the combined strengths of the Film Booking Office (a small studio established by Joseph Kennedy) together with RCA (the radio division of General Electric) and the Keith-Albee-Orpheum chain, prime sites for film release in major cities, Radio-Keith-Orpheum had interests in telephones and telegraphy, music publishing and recording, the vaudeville circuit, and the NBC chain of radio stations. Not surprisingly, the company turned to the musical.”
“Flying’s [the movie Flying Down to Rio] most elaborate dance number is the Carioca, and one can imagine RKO’s flagship theater, the 6200-seat Radio City Music Hall, opened in 1932, encouraging visitors to take it up as the latest dance craze.”

164f
“Today, films take on postcinematic lives on television, cable, video, and DVD, and so live longer than the time it takes to make them, with important implications for their stylistics. But in the heyday of the Hollywood system, production was long and distribution mercilessly short. To exist in the arc light for those few burning hours lent the films something of their passionate innocence, their innocent criminality, the ease with which they evoked and dismissed poverty, disease, prostitution, addiction, and shame. Where Eisenstein sought to rouse in the name of the nation and Renoir bowed to the preeminence of the world, Hollywood had nothing to present but its own illusion. Its only value, the ground of its existence, was entertainment. Hence the mayfly brilliance of its films; hence their mayfly-brief life.”

166
“Altman and Williams both argue that recorded sound doesn’t reproduce a real world: it represents it. But the Hollywood soundtrack doesn’t even represent the world: it orchestrates a diegesis.”

169
“Sobchack’s point, or a part of it, is that we never see with any other than our own eyes save when we see through the eyes of the cinematic apparatus itself.” Not sure I understand.

183
“Narrative depends on symmetry-breaking: ultimately, there is narrative because the universe is expanding.”
“Through these distinctions and differentiations established by breaking the pure symmetry of zero, the chaos of becoming can be bound into stability.” Not sure I understand.

184
“repetition is primordial, and things or events repeat themselves as ever-renewed copies of an original that does not exist” In the end there are but a few original stories.

192
“With Leone’s 1960s Western cycle (A Fistful of Dollars, For a Few Dollars More, The Good, the Bad, and the Ugly, Once Upon a Time in the West), the European vision returned to the U.S. market in hybrid form: an Italian film based on a Japanese original made in Spain with German money and a Californian star.”

210f
“In its competition with television, its pursuit of adult themes and expanded horizons, greater explicitation and more persuasive spectacle, cinema in the 1960s abandoned classical restraint in favor of a televisualization of the profilmic. This is how time is metamorphosed in the new Hollywood, in accordance with its rival, sister medium.”

218
“The Wagnerian ambition for cinema to become a Gesamtkunstwerk, a total multimedia experience, has not been lost: it has been dispersed. The film offers only one part of an experience, the second part of which is provided by the soundtrack, promoted as a discrete item.”

218f
“Toys, computer games, fan fiction and Web sites, novelizations, comics, soundtrack and concept albums, fashion accessories, and collectibles, many of them manufactured by wings of the same horizontally integrated corporation, extended the reach of the event film while reducing the cinema premiere to the status of product launch for a raft of brands on a synchronized lifestyle marketing strategy.” -> entarch

242
“Contemporary cinema is more ambitious than contemporary philosophy, but neither undertakes to understand the universe any longer.”

247
“It is not, then, that the world has become simulation, but that cinema events have become spectacle, addressing atomized audiences intrapersonally, turning their gaze inward as the supposed triumph of consumerism decays into poverty, injustice, and ecological catastrophe.”

279
“What makes moving pictures move, as both affective and narrative devices, is conflict. Resolution of conflict may be commercially necessary, ideologically desirable, and rhetorically acceptable as a way of stopping that movement, but it is rarely the privileged moment that reveals the film’s motivations.”

301
“The concept of “culture,” like its offspring “tradition” and its parent “civilization,” today blocks rather than facilitates the communication of change.” -> painful creative destruction
“History films invite us to inhabit our own societies, cultures, and nations, but to do so they must construct all three. That is the history effect in cinema.”

333
“The task of cinema is to deliver audiences to films, and the task of audiences is to constitute films as objects of consumption.”

333f
“Buying the ticket and entering the auditorium are acts of surrender to the economic and filmic machinery of cinema. Watching (as opposed to necking or walking out) is a surrender to the film itself. Ethnographic research on film, however, is always after the fact, never conducted where spectatorship happens, in the cinema itself where any attempt to elicit a response ruins the experience it tries to capture. Cinema has its own uncertainty principle.” The difference between film and the film industry!

336
“Informationalization is the process through which economic domination becomes information domination.”

338
“”space and time becoming more and more expensive in the modern world, art had to make itself international industrial art, that is, cinema, in order to buy space and time”"

356
“Cinema responds by aiming not for endurance but for extension: to universalize itself in space, rather than to secure its survival in time. Here at last it becomes quite clear why special effects must always be cutting edge: because they are not designed to endure, merely to expand. In that expansion, they will form a void at their heart, a void that sucks in souls, in which the audience audiences, a singularity of blinding energy, in which existence is momentarily obliterated, that we call the sublime.” Not sure I understand.

360
“No technique is essentially avant-garde, progressive, or subversive: every technique is capable of becoming merely technical, a tool for further and repurposed productions.”

365
“Neither total nor infinite, the struggle for twenty-first-century cinema is the struggle for not yet finite, not yet infinite, ecological, human, and technological community. If beyond the dimensionless plenum of the commodity there is to be a cinema effect, it will arrive as an art of time, the struggle to construct what no one ever lost: the future.” Not sure I understand.

Chapter 3 in Montola, M et al ~ Pervasive Games

53ff
Roots of PG:

• Play in Public Space (54): Campus Culture (55)
• Play in Everyday Life (56)
• Roots in Literature and Arts (58): Performing Arts (59), Ludic Literature (61)
• Gamer Cultures (62): Role-Playing Games (64), Persistent Virtual Worlds (65)
• The Migration of Influences (66)

64
“Although their influence is felt most clearly in pervasive larps, role-playing games have influenced pervasive games in general. The structure of role-playing games, a complete fictional world set up and administrated by game masters and populated by characters played by players, is today common in many games.”

68
“It is as if pervasive games are part of a larger cultural shift, questioning the concepts such as “real” and “fiction.”"

68f
Their explanation why and how cultural and technological factors influence each other. This is why this interaction is one of the bases of their research.