The Main Copyright Laws - Term Paper Example

 «The Main Copyright Laws» Textual poaching is a concept involving a culture of media fans that create their own ideas, discussions and creative accounts of various TV shows, movies and other forms of media. In the book Textual Poachers: Television Fans & Participatory Culture, Henry Jenkins(1992, p.3) identifies five cultural dimensions : ”the particular mode of reception; its role in encouraging viewer activism; its function as an interpretive community; its particular traditions of cultural production; its status as an alternative social community.” Fan clubs and fan culture, particularly in the Science Fiction genre, have existed since the 1970’s. Clubs, conventions, discussions and songs have been the preferred form of expression from fans. However, with the internet, fan sites, blogs and forums have become the new means for like fans to share their ideas and creative thoughts. The term poaching refers to illegal or unauthorized use or access to property. With respect to media, it would seem to indicate that text, scripts, words, phrases or expressions are being used without permission of the owner or producer. “Episodes of most TV shows are now transcribed, abstracted, and endlessly discussed by a legion of devoted online fans.” (Justman, 2000). Current copyright laws prevent the use of phrases, scripts and other print media for use other than personal enjoyment. Corporate media often police fan sites, to enforce copyright laws. There are legitimate reasons to do this. First, fan sites can provide so much text or print that consumers may not feel the need to purchase guides and official web sites, where merchandise and scripts are sold. Writers, producers, actors and directors may suffer substantial financial losses when this occurs. Napster, an online site for downloading music, has created a situation where musicians potentially receive less royalties on their albums or recordings, as fans download multiple selections to burn their own CDs. Some users have been sued and fined for such activity. To combat this, Napster began charging a membership fee for song downloads. Other sites allow users to log in and share their music files through shareware programs such as Limewire. To the disbelief of the music industry, researchers Felix Oberholzer-Gee and Koleman Strumpf “concluded that there was almost no relationship between the two.” (Silverthorne, 2004). Strumpf and Oberholzer-Gee explain that those who engage most in peer to peer file sharing, teens and college students, are typically poor and not likely to purchase the music. Therefore, they cannot be counted as lost sales. Older adults who download songs are known as ‘samplers.’ They typically download one or two songs then make a purchase if they like what they hear. Again, sales are not lost. If TV and video media patterns are similar to music, there is little for producers in the entertainment industry to worry about. Entire scripts can be bought through guides and magazines, then shared online at fan sites. However, written script is lacking a major component of visual media, the visual or action that goes along with the written script. True fans are not likely to be satisfied with written script only. Facial expressions, interactions and body language are key in acting and convincing audiences. An integral component of TV or Video is missing in written script alone. Those who truly want to catch up on missed episodes can use a home video recorder or TIVO device. Such devices still access network programs, so ratings should not be affected. Copyright infringement does become an issue, when the work of a writer is used for financial gain or claimed as one’s own work. If a fan posts written script, claiming it as one’s own work, this is a serious copyright infringement. It becomes unclear though, if the written text is not claimed as one’s own work, whether any copyright laws have been ignored. The official fan sites often provide written text as well. It is likely that the real issue here is the loss of revenue that is available from official fan sites, such as t- shirts, accessories and other memorabilia. This is often an important stream of revenue for official fan sites. One of the five cultural dimensions Henry Jenkins identifies as important to textual poaching, is the function of the interpretive community. Fans of many social networks develop their own plots between characters and write their own future scenes. Such creativity is natural. Official fan sites do not offer this. Though this form of creativity can be viewed to “draw traffic away from the official web site and dilute the public image of characters they have spent millions promoting,”(Justman, 2000) fans will use their own imaginations regardless of public image. They are merely sharing their thoughts and ideas online, rather than amongst a group at a convention or fan club meeting. Ideas and thoughts are not likely to detract from public image, as they already exist. There is no way to control thoughts and creative ideas of individuals. Mark Justman points out that fans risk infringement as well, posting ideas for story lines or episodes online. If a fan’s idea was later discovered to be similar to an episode or story line, the fan who posted the idea might have a legal basis to sue the production company for use of his intellectual property. Some fans may post their ideas in the hope that they will be used. Others are not concerned about copyright issues. It is possible for a fan to propose an idea or plot that is similar to that of writers and producers. It is evident that producers may have legitimate concerns about ideas posted in an online forum, for others to read. Michael DeCerteau asserts that “ordinary people extract ways of resisting from the products and goods that they acquire each day as consumers—items as mundane as newspapers, television programs, and groceries. They cannot escape the dominant cultural economy, but they can adapt it to their own ends.”(as cited in Langer, 1988, p. 123). What DeCerteau implies is that fans are more than just viewers of what is provided. Despite myths and views of social experts, viewers want more than to sit back and take in everything that is provided at face value. They indeed want to use their imaginations, create alternative scenarios and become immersed in their version of the story. Even when alternative scenes or ideas are not created, all viewers do not interpret what the see in the same manner. They think creatively, imagine and re-invent story lines to satisfy their own needs or desires. DeCerteau claims that this occurs frequently, as individuals attempt to assert their own rules into the confines of societal constructs. Fans who visit fan sites have an opportunity to re-create, invent and otherwise imagine different and varying interpretations of the characters and themes of a show or story. This may provide as much, if not more satisfaction from of entertainment. A story line or plot is presented in a particular manner, by writers, producers and actors, in the hope that the audience will interpret the story from the same angle. The main plot or story line may be understood, but from different perspectives, based on culture, experiences and values or beliefs. Viewers may appreciate the same film for its cinematic quality and development. This does not ensure that they will value the plot from the same viewpoint. Suppose, for instance, that a film depicts a law enforcement officer as a person who takes matters into his or her own hands, as typical methods or operation do not produce results. This is a common theme in many films and TV series. One viewer may interpret the actions as heroic. Another viewer may interpret such actions as rebellious or reckless, with little regard for societal law and order. Because each interpretation is different, each viewer possesses a tendency to imagine they have seen specific acts that did not actually occur. This reinforces one’s own beliefs about what is occurring in the film. Imagination is taking place on a subconscious level, either as a result of personal beliefs, or to reinforce any doubt the viewer may have about his or her own interpretation. This example follows Certeau’s definition of textual poaching, “resisting by posing different interpretations from the official ones.” (as cited in Langer, 1988, p.123) Alternative fan sites exist because official ones don’t offer interpretation or appreciation from different perspectives. This meets Jenkins’ fifth cultural dimension, as an alternative social community. Fans can share and discuss their views, likes and dislikes of a particular show. Regardless of how much a fan enjoys a show or series, there is often a dislike for a specific character, role or action. As individuals with various tastes and cultural experiences, fans will always appreciate every line or action within a story or plot. Michael DeCerteau ”praises students and intellectuals living under government repression who subvert required texts by poaching.” (as cited in Langer, 1988, p. 123) Henry Jenkins uses an example of Star Trek fans, or Trekkies, to show how text is revised among fans. Star Trek fans are not the only ones revising or re-imagining story lines. Though not all constructs or limitations can be viewed as severely as government repression, they are boundaries nonetheless. Jenkins reinforces DeCerteau’s claim that intellectuals work within those boundaries to construct their own interpretations and revisions. He states, “there is, of course, never total agreement, but there appears to be some agreement about what kinds of disagreements can be tolerated and which ones throw you beyond the parameters of a particular group” (Jenkins & Murray, n.d.). In other words, boundaries do exist even among alternative social communities. There are ‘acceptable’ and ‘unacceptable’ lines of though or alternatives to each story. Again, Jenkins’ Star Trek example reinforces his second and fourth cultural dimension of textual poaching theory. As video and computer interactivity evolved from Star Trek fans, those which sustained interest of male consumers became more highly developed, while those that achieved interest of female consumers were ignored. This occurred due to dominance of male presence in the gaming industry. Male viewer activism was encouraged, while female activism was discouraged. This served to maintain the male traditions of cultural production. Though the Star Trek example shows how a dominant fan culture can exclude others, this is not always the case. Jenkins gives another example in the late 1980s, of Bart Simpson. T-shirt vendors and other producers of memorabilia depicted Bart as a Rastafarian, Hip-Hop and Chicano. While this is a case of copyright infringement, it also became an inadvertent marketing tool. The particular mode of reception, Jenkins’ first cultural dimension, was altered to entice various cultures. This helped to increase the popularity and fan base of the character, leading to increased TV viewing and revenues for the producers of The Simpsons. In fact, Jenkins (1992, p.4) asserts that “fans move from “meaning producers toward cultural producers.” Various forms of the same character are expressed creatively to fit specific cultures. Both Jenkins and DeCerteau’s views reject previous research that depicts or defines TV viewers as media consumers and nothing more. It was previously thought that viewers would accept what was given to them by producers. Cultivation theory, as discussed by William McBride, assumes viewer acceptance of what they see on TV. McBride cites a study conducted by the Center for Media and Public affairs, which “found children who observe violence in television shows or other media are most physically and verbally aggressive right after viewing the program.” (as cited in Steckling, 2008, p.1). He blames media for its invasion into our lives and gives the example of the TV present in every hospital room after surgery. "Really the most intimate aspects of our lives have been invaded by the spectacle by media and it's very difficult to absent ourselves from that," McBride says. (as cited in Steckling, 2008, p.1) McBride seems to suggest that media is forced on viewers, as consumers. The average consumer has little choice as to what is presented or available. Viewers have few choices in media and are always connected to it in every aspect of life. Further, he suggests that viewers interpret the same material in the same manner. For example, all who watch violent actions on TV will be influence by acting more aggressively. While it may be true that children are influenced in such a manner, they are still developing and have not yet gained a thorough ability to discern between fiction and reality. Joe Blaney, like McBride, believes that media can create or greatly influence the behaviors and beliefs of culture. It can alter viewers’ perceptions of reality. "People who view violent television see the world as a mean, dangerous place," Blaney said. "For instance, men who heavily view porn are more likely to be the suspects of rape." (as cited in Steckling, 2008, p. 1). Blaney explains that viewers take in media on a conscious and subconscious level, depending on “the way the world exists, or what’s perceived as normal.” Again, this may be true in some instances. Though most viewers lead busy lives that include immersion in other cultural activities and a fair amount of socialization. It is in those real life contexts, outside of media, that most adults learn what is and is not normal. Blaney believes that viewing media in isolation, by people who are socially isolated tend to model what they see in media. This is probably true. Those who live in isolation lack outside influences of a social community at large. Jenkins would argue against the principles of cultivation theory, that media influences or cultivates behaviors and thoughts. An excerpt from Susan Douglass’ Music of the Night, provides an alternative ending to the supposed demise that many viewers perceived in Thelma and Louise. "Two bats fluttered, their jet-black forms floating along the Grand Canyon's sheer cliffs. The winged beasts paused, a matched pair suspended in air -- then took a southward direction toward Mexico." (as cited in Jenkins & Murray, n.d.). Jenkins does not, however, disagree that some viewers take media at face value and use it as a frame of reference in their lives. For example, bright students who may assert that Thelma and Louise have survived the crash and have flow to Mexico may avoid providing such an alternative, if they know it would hurt their grades. For such students, cultivation theory does not explain the thought process. It does explain why viewers might hesitate to offer an alternative. They face impunity for not working within the boundaries. This does not mean that media must shape viewers thoughts. It can occur when others attempt to do so, as in the example above. In the example, cultivation theory would then apply more to those who enforce the constraints of taking the media at face value. There is no room for alternative thought among students. For those that imagine or offer the alternative ending, cultivation theory and its methodology is largely unsuccessful. Regardless of specific views about cultivation theory and textual poaching, varying explanations exist as means to gain understanding of human behavior in relation to media. Alternative fan sites exist to offer media viewers an avenue of creativity, as well as a means of socializing with similar minded individuals. Alternatives do exist and viewers do offer different interpretations. McBridess explanation of cultivation theory does not explain all the non-violent behaviors that occur after viewing violence. Textual poaching concepts do, however offer one possible explanation as to why all viewers do not react similarly to media. Bibliography Certeau, M., 1984. The Practice of Everyday Life, Langer, B., 1988 (as cited in Langer, B., 1988. Review of The Practice of Everyday Life. Contemporary Sociology, 17, p.123) Douglas, S. Music of the Night. (as cited in Murray, J. & Jenkins, H., n.d. Reception Theory and Audience Research: The Mystery of the Vampire Kiss). Available at http://www.web.mit.edu/cms/People/henry3/vampkiss.html [Accessed 12 December 2008] Jenkins, H., 1992. Textual Poachers: Television Fans & Participatory Culture. New York: Routledge. pp.2-7. Justman, M. 2000. Textual Poaching and Media Fandom. Available at http://go.to/futureplex [Accessed 12 December 2008] Blaney, J., n.d. (as cited in Steckling, A., 2008. Cultivation Theory Creates Dark World for Media Viewers. Daily Vidette. Online). Available at http://www.dailyvidette.com/news/Cultivation.Theory.Creates.Dark.World.For.Media.Viewers-3535608.shtml. [Accessed 12 December 2008] McBride, W., n.d. (as cited in Steckling, A., 2008. Cultivation Theory Creates Dark World for Media Viewers. Daily Vidette. Online). Available at http://www.dailyvidette.com/news/Cultivation.Theory.Creates.Dark.World.For.Media.Viewers-3535608.shtml. [Accessed 12 December 2008] Murray, J. & Jenkins, H., n.d. Before the Holodeck: Translating Star Trek into Digital Media. Available at http://web.mit.edu/cms/People/henry3/holodeck.html [Accessed 12 December 2008] Read More