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Jun 30, 2004
Final Paper - research proposal
The relationship between fans and companies
Copyrights and fan appropriation through the years
Introduction
The purpose of this paper is to form an introduction to an extensive research on the subject of fan culture. The emphasis of that research will be on the way the appropriating of the cultural material of television shows and movies in fan fiction and fan art relates to the way companies try to restrain this. The main question of this study would be:
What is the relationship between fan appropriation and the companies that the own the copyrights to the used material?
In order to answer this question, I will look at the following aspects of this relationship:
What is the importance/meaning of appropriating for fans?
What is the importance for the company?
Are these elements mutually exclusive?
What are the fans’ online rights and are fans aware of these rights?
How do companies usually react to the fans’ appropriation?
Is this reaction changing, for better or for worse?
In this paper I will create a framework that can be used to answer at the abovementioned questions. What are the current developments in the media industry and how do fans react to this? Why do they react to these developments in such a way, what is the importance of the appropriating of cultural material? What has been the reaction of the media industry and what are the effects of this reaction? Who is speaking on behalf of the fans?
Before I start my overview of the relationship between fans that appropriate raw material offered to them by the media industry and the companies that own the copyrighted material, I will give an outline of the current developments in the industry, because these are often the cause of the disagreement between companies and fans.
One of the most important cultural developments of the last decade is the spreading of technologies that enable decentralisation and democratisation by enabling individuals to become users, rather than consumers. For years, television and movie audiences have been seen as passive consumers. This view changed over the years, theorists realised that audience were not passive; they were active in the sense that they were interpreting the signals sent to them, sometimes even rejecting the dominant messages. But still, people were never able to actively change the material that was offered to them, at least not on a large scale. Technologies like the Internet changed this. The public no longer has to wait for companies to offer them service, they can become the producer themselves, with a reach and efficacy not possible since the rise of mass media. The Internet is end-to-end communication the individuals, not the companies, control it. It enables new modes of distribution, at the same time lowering the barriers to distribution. And due to lower entry barriers, the net widens the range of possible contributors.
In this new media environment, mainstream culture plays an important role in providing material for interaction and reworking by fans. Fan sites that offer fan fiction and fan art are plenty. However, the structure that underlies the current media systems is one of a small number of professional, commercial producers seeking to serve the widest possible of audiences. They always had an unusual degree of control over who gets to say what in the public arena. The reworking of their copyrighted materials does not please them and companies often file lawsuits against websites that use their products, though these fans do not mean to harm the original. Fan art and fiction are a form of expressing oneself. This number of companies controlling the media landscape is getting smaller still and their interests are at odds with those of the fans.
So we see that there are two contradictory trends: on the one hand the enabling of participatory culture through low barrier technologies, mainly the Internet, and on the other hand the centralisation of power in the traditional media conglomerates. As the distinction between producer and consumer diminishes, my question is, what are the interests of both sides, how do they depend on each other and in what way can these two sides cooperate? I will outline some of the aspects of this contradiction in the following chapters.
The last couple of decades, a number of technologies have been developed that enable the user to influence media. Previously, networks of distribution were tightly controlled by traditional media powers. These new technologies, like VCRs, digital cameras and computers, have lowered the barrier entry of the media marketplace. The new form of interacting with media that arose from these developments is called participatory culture, because audiences can now actively change and redistribute the content offered to them. Fans embraced these technologies and one of the demands they make is the right to appropriate already existing material, to change the raw material that is offered on T.V. or in the movies according to their own taste and view. Though aspects of this culture, like fan fiction and fan art, were already present before the advent of the Internet, never was it possible to distribute and exchange your work as easily, widely and fast as can be done now. Media consumers wanted to and can now become media producers.
As mentioned before, the structure that underlies the current media industry is one of a small number of professional producers serving the biggest possible group of people. This means that the content of their products will have to appeal to this wide range of audiences. Therefore, subjects that are a bit sensitive, like homosexuality, are often not treated in popular shows. There is an alternative, the Internet. All the end points are users that can play the role of producer and consumer. Because of the great diversity of the people online, the products they deliver will also be of a very diverse nature. The Internet serves the most diverse groups of users, the combinations of backgrounds is limitless. Due to lower entry barriers, the net widens the range of possible contributors and it also encourages innovation, because there is no control and it is so inexpensive.
The ability of producing and distributing their own cultural content is a great incentive to a lot of fans to share their enjoyment of media products with likeminded people. Sites that feature fan fiction, stories involving television show of movie’s characters and settings, and fan art flourish on the web. Communities and forums are very popular. Anyone with a computer, some software and an Internet connection can contribute to these sites and this enables the users to go against the grain and offer alternatives to the original material they draw from. As writer or artist you have great power over the raw material: characters that were not very important in the original can be elaborated on; relations that were not possible in the original can be formed. Plot developments are no longer limited to what the developers of the show are allowed to portray. Though powerless to change the original -the altered content will not be shown on television- these fans don’t have to keep their disapproval of certain aspects of a show or movie silent; they can put it online instead. Powerless perhaps isn’t the right word, because the fans have enough power to make the industry they derive their materials from very uncomfortable. I will elaborate on the response of media conglomerates later.
Fan culture is also a very important way of sharing your cultural and personal identity with others. Often, fans get asked why they don’t produce original material instead of drawing from already existing products. The stories we’ve been telling each other, now and centuries ago, have always been derived from our cultural experiences. Therefore, it is logical that we use the material offered in the media, because be live in a heavily mediated environment. These images will also be more powerful, because they are recognized by a large number of people, often worldwide, depending on the source material. Sharing the fiction and art with others and discussing it on message boards and forums is a way of coming together and showing your appreciation for a show or movie. It shows your preferences. Just like an author of a book will often put much of himself into his book, so will the writers of fan fiction. On the surface, their speculations may seem to be simply an interpretation of the material, but speculations involve fans’ fantasies and desires as well and therefore also are a way of expressing identity.
The fans that start sites with fan fiction or art do not want to damage the original material, they just want to fully enjoy the subjects, the characters that are offered to them. They let their work serve as an inspiration for their own production and social interaction and use the reworking as a way of showing appreciation. Sometimes the works may be critical of the original, but more often it serves to highlight aspects that were not features in the original, like back-story, secondary characters or hidden relationships. Some fans go very far in adding new options to a series or movie, for example slash fan art: homoerotic depictions of already existing characters.
What these fans and companies don’t agree on is therefore that the show or movie as it is aired is a finished product and that is should be ‘protected’ from any further use. The companies fear that letting others use their copyrighted materials will lead to a diminishment of value. The speed and range of the Internet, now the most popular source for fan art rather than fanzines, scares them, because it cannot be fully monitored. Efforts are made to monitor fans’ sites, but some will always remain unseen. The fans only want to get more involved with the material and add elements for their own and others’ enjoyment. Their appropriation of the material will mostly benefit the producers. I will elaborate on this aspect of fan culture later.
In the final research I want to look at the aspects of fan culture, identity, power and involvement more comprehensively and also find out what the fans themselves have to say about these subjects. This could be done indirectly by looking at the fan sites and their forums, but also by sending the regular visitors and the owners of the site e-mails.
Keeping control of intellectual property is of great interest to media companies. These old media have an interest in undermining the new, computers and the Internet, because the new threatens the old. The original architecture of cyberspace, decentralised end-to-end communication, has changed slightly and the ability to monitor behaviour in cyberspace has increased. New technologies enable companies to ‘ferret out’ infringements and find out what the exact origins of a certain image are. The current trend in the development of media corporations also shows the need to keep control over as many uses of a certain copyright as possible: horizontal integration and the concentration of media ownership into the hands of a smaller and smaller number of media conglomerates. Horizontal in the sense that companies like Warner Bros now have interests in film as well as newspapers and magazines, cable and television. These companies also want to keep control over the copyrights as long as possible, to make sure no other company can get their hands on it before as much profit as possible is made out of it.
In this world intellectual property, the characters and stories created by artists have huge economic value and the media conglomerates seek to tightly control its usage in order to maximize profits and minimize the risk of devaluing of their large amounts of trademarks and copyrights. Any infringement of these copyrights, even if it is in the form of the appropriation of characters on relatively small fan sites, poses a real threat and is aggressively reacted to. Examples of big companies like Warner Bros or LucasFilm taking legal action against fans that used copyrighted materials are no exceptions. A copyright owner can stop someone else from copying, distributing, performing, or displaying the characters without the permission of the owner. The owner also can stop someone from creating "derivative works". Fan fiction and fan art are derivative works, because they use the characters of the original work. The owners of mass media companies therefore have an unusual degree of control over who gets to say what, because they own these copyrights and because they have the means to scare fans into shutting down their sites by sending them ‘cease and desist’ letters. Individuals will often answer to this, because they wouldn’t dare to take on such a huge opponent without legal and financial back-up.
Of course, fans have always used characters in their appropriation of cultural materials, but the Internet poses a new sort of threat. Before the digital revolution, people could only share their dedication to a certain series or movie by coming together or communicating through letters. The digital environment enables communication with a reach, speed and efficacy not possible before. The Internet has no centre to control who gets to say something. The low cost of producing and communicating means that the barrier to entry to becoming a speaker in the mass mediated environment is very low. The chance that someone gets to read the fiction or gets to see the art created by a fan has been greatly increased by the Internet, and therefore is much more threatening to the owners of the copyrights than before. Companies have reacted to this by extra and more aggressive regulation. This regulation comes in the form of ‘cease and desist’ letters that result in the disappearing pf the site that featured the copyrighted material, more on this in the next chapter. The Internet makes it easier to find the fan works, because a lot of artists now publish online and their works can therefore be easily traced with search engines. As mentioned above, not all fansites will be spotted this way, but it is easier to find a website containing pictures of certain characters than it is to intercept correspondences using the old-fashioned mailing system.
The effects of this concentration of power are very harmful. It limits the production and circulation of more cultural materials and it addresses the public as consumers instead of users, a development that goes against the very nature of the Internet. The current structures of ownership in mass media diminish our ability to participate in the creation and interpretation of our own culture. It also makes culture less diverse. The Internet, because of the low entry barriers and accessibility, enables users of very different backgrounds to contribute. The many-to-many distribution ensures that people have much greater access to innovative or even revolutionary interpretations than ever before. By forbidding them to appropriate the raw material offered to them in movies or television shows, companies diminish the Internet’s ability to produce a wide range of texts.
When looking at the effects at an economical level, it is striking that forbidding fans to participate is more likely to harm a company than it would be to let them participate. By attacking fans, the relationship between the consumers and the corporations is damaged. Fans often publish their ‘cease and desist’ letters, which results in negative publicity. Corporations refuse to allow fans to appropriate the material they offer however, because of the aforementioned fear of losing control over their copyrights and the profits attached to it as well as their image, in the case of less ‘decent’ forms of fan fiction. It would be much better to see fans as producers of additional value. A good example of this is the way Amazon allows users to value the products instead of advertisers and marketers.
Involving users creates far more positive associations for a company. The question remains whether companies other than Amazon would be willing to cooperate with users and how far they will allow them to go. Allowing users to comment on a book or movie still is a long way from allowing people to appropriate original T.V. or movie material. However, allowing fans to treat film or television as a way of telling their own stories could increase the commercial value of media products by opening them to new audiences. It also builds brand loyalty and it is a way for companies to monitor the needs of their public. Fan fiction and art often feature characters, relations or settings that originate from the original material but didn’t get enough attention. Companies could please their audiences by implementing these elements into the shows or movies. Sometimes, fans even lobby to keep a certain show on the air. They don’t want to profit from their appropriations, they just want to add value. A good example of this is the computer game The Sims, by Will Wright of Maxis. It allows players to make their own skins, objects et cetera that can be easily implemented into the original game. There are numerous websites offering players new skins, ranging from celebrities to all sorts of fashionable outfits. Wright, who expects two thirds of the game’s content to originate from the players’ minds, applauds this development.
Companies can also use their fans as a marketing tool. Often described as 'permission-based marketing,' some sites form alliances with large corporations to gain legal access to original material that will be posted on that site. An example of this would be theonering.net, a Lord of the Rings fan site. For the site owners, this means a regular audience, because users will regularly return to this site in order to get the latest and most reliable news. For the company, it is a great way to reach their target audience and to make people enthusiastic. But, the fan sites that only feature fan art and fan fiction that is not acknowledged by the copyrighted company, can also make someone curious about the original material.
What is so striking in all this is that the industry is sending fans contradictory messages on how to relate to the original material. Because of the concentration of power in large horizontally integrated companies, fans are encouraged to buy into media content in the form of t-shirts and games in order to deepen the involvement. Movies are increasingly seen as ‘franchises’, involving a longer exploitation of a certain product, for example Lord of the Rings or Harry Potter. These movies, both based on books, encourage people to buy tie-in products like toys. Their long-lasting nature, the releasing of approximately one movie a year, also ensures enduring audience interest. The goal of such strategies is to create a strong and long-lasting bond between the public and the media content. Also, media producers can monitor and participate in the online discussions in order to find out what their fans want. Fans will react to this by also appropriating the material for their own ideas, but that is not allowed.
So, companies promote strong involvement, investment and media convergence, then turn around and forbid the fans to really invest in the material by adapting it to their own views and sharing this with other fans. Again, it would be much more profitable if companies would reward the users for their interest and the work that is put into the fan fiction and art. Instead, these people get punished for their effort in the form of cease and desist letters. It is rumoured that companies sometimes even shut down their fans’ unofficial sites only to replace them with their own fake fan sites. This way their material can still be promoted, whilst keeping sure that it doesn’t fall into the ‘wrong’ hands and that their copyrights don’t get infringed.
There are signs however, that some companies start to see the importance of the dedication of their fans. For my research it would be interesting to look at this development from a historical perspective: how did companies react to fan appropriation over the last couple of decades? What, if there are, caused the changes in this reaction? My hypothesis is that the digital revolution caused the media industry to panic, fiercely copyrighting and suing infringers, but that this reaction will prove to be changing as companies have come to realise the importance of fan dedication. I want to find out what companies are doing to show their fans they appreciate their hard work. In order to find this out, I could look at a number of sites of media corporations and search for elements that encourage fans to contribute to the original. On a lot of sites people are encouraged to interact with the owner, mostly in the form of games, quizzes, communities et cetera. But are companies also encouraging fresh input by, for example, urging fans to come up with original story lines? Are they diminishing the distance between themselves and their fans by allowing them to be more than mere visitors? How far do companies allow their fans to go? Do the official sites collaborate with fan sites, for example with permission-based marketing? What is the future of the way companies speak to their fans?
Posted at 10:27 am by 0011398
For a long time, fans have been unaware of their rights concerning the constraints companies wanted to impose on their online freedom of speech. Also, most discussions of intellectual property in cyberspace have been occupied with the corporate side of things, as described in the previous chapter. The public interest was mostly ignored. Big corporations shutting down small fan sites is routine practice, but not a single case involving fan fiction has ever reached the courts. No lawyer has offered an accused fan site owner legal representation and these individuals don’t have the money to take on huge companies on their own.
This lack of attention for the side of the fan is changing however. The Electronic Frontier Foundation is now fighting to defend users of the Internet in copyright cases. Together with four law schools, Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school, EFF’s legal director Cindy Cohn launched the Chilling Effects website.
The site, chillingeffects.org is a response to the growing number of ‘cease-and-desist’ notices owners of fan sites have received from companies like Warner Bros. and LucasFilm, urging them to shut down their sites due to infringement of copyrights. Since these claims often involve rather large sums of money, people are likely to respond by closing down their sites, rather than keep it up in protest. The website offers background material and explanations of the law for people whose websites deal with topics such as fan fiction, copyrights and trademarks. Each of the topics the site offers, like protest, parody, fan fiction, linking and derivative works, is accompanied by an extensive list of FAQs, frequently asked questions and their answers.
Chilling Effects is dedicated to educating people about their online rights, which are far more extensive than most fans realise. Many of the companies’ claims are unfounded on account of ‘fair use’ of the material. Chilling Effects also advocates the distinction between different forms of infringement, because, for example, the posting of movie clips is very different from the rewriting of existing characters into completely new stories and settings. The site also invites people to submit the ‘cease and desist’ notices they received from companies, in order to ‘document the chill’, to find out what sorts of sites get shut down most often. Unfortunately, Chilling Effects doesn’t have the resources to treat every case individually, but it is a start.
For my research, it would be very interesting to look at this site in order to create an overview of the aspects that have to be taken into account when looking at online rights. It is great that people like Cindy Cohn have taken to educating people about their online rights, but do they actually reach the public? I wonder whether writers of fan fiction ever think about issues of infringement, and what their response would be to the ‘cease and desist’ letters. Is it still true that most writers have no idea of their rights or the possible consequences of their appropriation? Most fan sites that offer fan fiction also offer the possibility to contact the writers, be it directly or through a central mailing system. By sending the owners or contributors of fan sites e-mails I could find out whether the fan fiction writers ever think about that would happen when the companies that own the characters they use would find out about their site. Do they even consider this possibility and are they aware of the possible consequences and the possible defences against any regulatory measures? How would they react to scary cease-and-desist letters? The Chilling Effects site will be very helpful in the understanding of the rights of fans.
2 Examples of the FAQ’s on chillingeffects.org:
Question: Do fan fiction writers have a free speech right to publish their work?
Answer: The First Amendment protects free speech, but there is also a copyright clause in the Constitution. These two legal rights are often in conflict, and so the rights of fan fiction writers to write and speak freely and the rights of the copyright owner must be balanced. Each situation can be researched and individually evaluated, but it is important to understand there are no easy answers as to who has a right to the characters. Copyright law is designed to encourage authors to be creative by rewarding their efforts and protecting their work from others who might profit unfairly. This right must be balanced by society's need to have others not be limited by previously published protected works. There is not a clear "right" and "wrong" side in the battle between copyright owners and fan fiction writers.
Question: How likely is copying to be found (by a court) and what are the possible remedies?
Answer: As mentioned in the legal introduction, a plaintiff must meet certain requirements in order to show that a FanFic author copied protected expression. In order to prove copying, it must be shown that the fan fiction author copied the work (either through direct or indirect evidence), and some of the copied elements are protected and that the "audience" of the work would also find similar elements. Since FanFic authors generally do not deny that characters and settings are borrowed ("copied"), as seen in their disclaimers, it is likely that copying will be found. Then you must raise the defense of fair use.
What happens if I lose the case? If the court finds that you unlawfully copied, it has several possible options. First, and most likely, an injunction could be granted to prevent the author from publishing and distributing the FanFic. The infringing materials could even be destroyed. The court also has the power to award monetary damages. The amount of damages would depend on the lost revenue suffered by the copyright owner and possible profits earned by the FanFic author. Generally, the loss of revenue is rare since FanFic does not draw audiences away from the original; rather, FanFic often serves to enhance sales of the original work. And if FanFic is not for profit, then it is unlikely that the author will have any profits to report. Since there is seldom lost revenue and profits, plaintiffs will often go for "statutory damages." This award can be between $200 (innocent infringement) and $100,000 (willful infringement) for each work infringed.
In my final and more elaborate research, I want to look at the elements I treated in this paper more closely, whilst also attempting to answer the questions I added under the header ‘research’. The main goal of this research will be to create a historical overview of the user-company relationship from both sides, the users, or fans, and the owners of the copyrights. In order to do this, I will also have to look at some current cases of, one the one hand, companies like Amazon that encourage fan input an appropriation, and on the other hand, companies like Warner Bros that forbid this. What are the arguments both parties use in acting the way they do? In the end, I hope to be able to analyse where the current developments in participatory culture are taking us.
- Benkler, Yochai, ‘From Consumers to Users: Shifting the Deeper Structures of Regulation Toward Sustainable Commons and User Acces’ (2000) on www.law.indiana.edu/fclj/pubs/v52/no3/benkler1.pdf
- Jenkins, Henry, ‘Digital Land Grab’ in Technology Review, Mar/Apr2000, Vol. 103 Issue 2, p103.
- Jenkins, Henry, ‘Challenging the Consensus’ Boston Review, Summer 2001.
Also on http://bostonreview.mit.edu/BR26.3/jenkins.html
- Jenkins, Henry and Harries, Dan, ‘Interactive Audiences?: The 'Collective Intelligence' of Media Fans’ in The New Media Book (London 2002)
Also on http://web.mit.edu/21fms/www/faculty/henry3/collective%20intelligence.html
- Jenkins, Henry and Thorburn, David, ‘Quentin Tarantino’s Star Wars’ in Rethinking Media Change (Cambridge 2003).
Also on http://web.mit.edu/21fms/www/faculty/henry3/starwars.html
- Kornblum, J., ‘Scary Lawyer Letters and Chilling Effects’ in USA Today, Feb 26, 2002, p6.
- Lessig, L., ‘Innovation from the Internet’ in The Future of Ideas: the Fate of the Commons in a Connected World (New York 2001).
- http://chillingeffects.org
Posted at 10:25 am by 0011398
Jun 7, 2004
J. Lasica ‘Blogs and journalism need each other’
Question
Why do mainstream journalists have so many objections to weblogs?
Answer
In his article Lasica talks about the relationship between traditional journalism and forms of journalism on weblogs and how this relationship is a symbiotic one. Blogging brings many benefits to journalism, for example in expanding the boundaries and in the providing new angles and insight. Still, many journalists are suspicious of the new medium. Because of notions of ‘fairness, accuracy and truth’, so they say. I think it has more to do with their own fears. I think they do see the power of the weblogs and are afraid that blogging will take over from them, from traditional media. According to Lasica, this is unlikely, because the audience will always need professional journalists to filter through the material to find the important stories (though he also acknowledges that bloggers are sometimes sooner in discovering some important item). Traditional journalism should instead include active participation.
D. Gillmor ‘Moving toward participatory journalism’
Question
Gillmor says the journalism of the future is participatory. This kind of journalism will offer ‘exciting possibilities for […] journalists and active consumers’. What form will this take according to Gillmor? Will this happen?
Answer
According to him, journalists should take on blogging themselves. Newspapers also should offer readers the option to start news blogs. It is most important to generate a conversation between bloggers and journalists, because both could learn from what the other has to say. Journalists could get new angles from the bloggers and invite people to give their expert opinion. The bloggers could use the stories written by the journalists to use on their sites and to comment on it. Gillmor sees some problems, which primarily develop from the mutual prejudices. Journalists will be afraid that the bloggers don’t take aspects as trust and veracity in account and the media organisations behind the journalists will want to regulate and perhaps even shut down p2p technologies.
Gillmor doesn’t mention any objections from the side of the users in this article. I do think however, that the bloggers will want more power, other than just providing the mainstream journalists with new angles that will be ascribed to them, not to the bloggers. How can bloggers be more involved? That will be very hard, at least with the current media organisations. As Lasica says, we will always need ‘real’ journalists to filter through all stories and bring us the news. For this system to change, journalists and bloggers need to trust each other. And that is not yet true; it will take time. Throughout history, people have always been informed by a select group of people. To enter a system were anyone can be a journalist would also take some time getting used to on the side of the public.
L. van Middelaar ‘On logos and grassroots: the anti-globalisation movement between moral, economics and politics’
Question
What does Middelaar mean when he says that the ‘part-time consumers mistake a consequence for a cause’?
Answer
Middelaar makes this claim in the context of adbusting and culture jamming. Both are instruments of the anti-globalisation movement and involve the parodying of advertisements or logos and the usage of billboards. Part of this movement is the ‘Buy nothing day’. The consequence that is mistaken for a cause is the consuming of products or logos and brands. Middelaar states that the effects of such actions are merely negative. Furthermore, just buying nothing for a day is no way to get out of ‘the world of money’. This may be true, but I think that the activists aren’t able to use any means with more direct effects on the companies, the politics and governments, the causes they are trying to fight against. They do not have enough power or even, ironically, money for that. Perhaps the anti-globalisation movement is not widespread enough, or there are not enough active members. What is left is to at least make an objection, make themselves heard.
Last question coming up!!
Posted at 08:55 pm by 0011398
May 31, 2004
A. Tybout and G. Carpenter ‘Creating and managing brands’
Question
Tybout and Carpenter talk about three different kinds of brands. What ways will these benefit from the Internet?
Answer
The first type of brand is the functional brand, which focuses on resources, a product and its superior qualities or the place and price of a product. Advertising for such a product should emphasis its superiority, but this is not the basis of functional brands. Instead, aspects like improving the performance and adding new functions in one product are. Especially the last element is important in out time of age, because people’s free time is decreasing. Here, the Internet comes in to play. It is much easier to go online and compare prices than it is to go and visit a number of different stores and compare different product brands. That would take up too much time. Companies could cut into this by using websites to communicate what makes their products more effective, what its amazing new functions are and whether they are cheaper than others. A website is a very useful tool for this, because it is clear and easily accessible. Companies could stimulate user response by encouraging visitors to suggest improvements of their products.
Image brands focus on certain associations and usually are connected to highly visible products, like clothes. The quality of these products is hard to evaluate, because of the emotions attached to the products. Image becomes more important because of the lack of meaningful differences in products due to competition. The Internet can be a very helpful tool for companies that sell image-related products. For them, the Internet is a great way to find out what is on the minds of their potential buyers, by visiting their weblog for example, perhaps even participating in it. Tybout and Carpenter already mention the possibility for image brands to gain greater affiliation, by building websites that allow users to participate and interact with like-minded users. The Coke Music site is a good example. By allowing visitors to play games with their own avatars, their awareness of the Coca Cola brand, with its many associated values, is enlarged.
The third and last type of brand distinguished by Tybout and Carpenter is the experiential brand, like theme parks and restaurants. This type of brand focuses on how people feel and is therefore highly personal. Experiential brands differ in valence, potency and involvement, even in the terms of bodily engagement. The difference between online and offline experience is that the online experience is less labour-intensive; there’s no need to train recruits. This is an advantage. The big disadvantage would be that the potency and contact of an online experience could never be as great as a real-life one. An online roller coaster is hardly exciting. I therefore think the Internet can do little more than create an awareness of the existence of the sort of experience that would normally involve great potency. Tybout and Carpenter also call fan sites a form of enriching an experience. I agree, but this kind of experience is entirely different from theme parks or drinking coffee (the Starbucks example), because there was no engaging of the body in the first place. Perhaps the Coke Music site can be seen as offering an experience, by allowing players to mix their own music. The way the Internet can be used in the branding of an experience is therefore very reliant on the kind of experience that has to be promoted.
G. Dafermos ‘Blogging the market: how weblogs are turning corporate machines into real conversations’
Comment
G. Dafermos speaks of the way weblogs could be used in founding a new sort of managing. For example, employees of Macromedia, manufacturer of programs like Flash and Dreamweaver, have their own weblogs. There, users can ask for help and can discuss aspects of the Macromedia products with other visitors and with the employees. The blog’s community managers can easily point out the top topics, run promotions or even ask visitors for their opinions on new plans. For Macromedia, this way of communicating works very well, but I doubt it will for many other companies. It may in certain sectors, like the computer- and software branch. Here, a lot of people will want their practical questions answered and the weblog is an efficient way of doing so. Other branches might not benefit from blogging. For example: I find it highly unlikely that the costumers of a company that sells curtains or furniture will feel the need of discussing this with others buyers or the manufacturers. I doubt therefore, that blogging will actually revolutionise the managing world.
Sean Nixon ‘Re-imagining the ad agency’ (Cultural Economy H7)
Question
Nixon discusses the way the economical changes in the 1990’s caused a questioning of the commercial value of advertising. Aspects like the globalisation of the market and marketing as well as competition from other groups of intermediaries forced advertising agencies to think of different ways of reaching costumers. Internet was one of them. Is the Internet as an advertising tool less susceptible to changes in the economy?
Answer
Internet advertising is much less expensive than a television commercial. Especially because the costs of television airtime are so dependent on the program the ad is aired in. Of course a company will want as many possible costumers as possible to see their ad. Popular airtime is expensive though. The Internet does not have this problem to such an extent. Like A. Tybout and G. Carpenter say in their article, the costs of an interactive Internet site for the Super Bowl cost tens of thousands of dollars. A television as however, cost about 1,2 million dollars. So, Internet advertising is much cheaper and therefore allows even small companies to get a lot of attention. Does this make online advertising a better choice in economically harsh times?
I think there are two problems. First, companies will probably adjust their marketing budget according to the decline in advertising costs. That would still mean that there would be less of a budget in times of recession, because costs have to be divided evenly among all branches of the company. Also, I don’t think that the Internet as an advertising tool can function properly without some sort of created awareness before hand. People have to be alerted to the existence of a product before they will start surfing to a particular website. That would mean that a company would still have to make use of television (as seen on TV), or another medium for ads. These ads will still cost a lot of money that is not available at such times. And, of course, even if the company could still afford to advertise in periods of recession, there has to be a public willing to buy their product, which will not be the case at such times.
Posted at 08:28 pm by 0011398
May 28, 2004
Final Research Outline for Participatory Culture
Topic
My topic has changed slightly since my last post on the subject. I was planning on comparing an official and unofficial movie site according to the element of participation. The problem with this approach was that it was difficult to choose from the enormous amount of fan sites that accompany an official site. How would I know what sites to pick and how could I possibly make sure that the ones I chose would be an accurate reflection of others? Therefore, I decided to focus on one aspect that is part of the official/fan relation: the way fans use the material that is offered to them in the original movie. My focus will be:
In what ways can fans/users participate in creating meaning by adapting original movie material? How does this relate to the original material legally?
Sources
This creation has become an important part of movie fandom and thanks to the Internet can now be made available to a great number of people. In my final research I would like to include a number of aspects that have to do with the creation of new meaning, which should be thought of in the widest sense. It would include the commenting on certain aspects of the movie in forums, where meaning is found and is shared with others. By comments made by other participants, new meaning can also be created when people start discussions on interpretations that go against the preferred, dominant readings. Other ways of creating new meaning would be to write fan fiction: stories that adapt the surroundings or characters of a certain movie, in which the writers make up alternative storylines. The same goes for fan art, drawn or computer-generated imagery portraying a movie¡¦s characters. I will look at the way the movie¡¦s imagery has been adapted and the subjects of the fan¡¦s works. For example: fan fiction and fan art are sometimes of erotic nature.
DMCA Digital Millennium Copyright Act
The Chilling Effects Clearinghouse project of the Electronic Frontier Foundation (EFF) and Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics is dedicated to making people aware of their online rights. www.chillingeffects is their official website and offers a lot of useful information on the protection of online properties and copyright. Each section, like 'linking', 'protest, parody and criticism', offers an extensive list of FAQs, frequently asked questions on all kinds of subjects regarding the rules that concern the using of online content. Website owners that have received 'cease and desist' notices from companies, urging them to shut down their site because of illegal usage of images for example, can gain information about whether or not they should actually respond to the request. This site is very useful for my research because it touches upon a number of ways the public can adapt movie content, like in fan fictions, and describes the way that copyrights apply to these aspects. For example:
Q: I purchased the movie, book, etc. Does that mean I can do what I want with it?
Q: What is FanFic?
Q: What about a fictional world and the events described in the world? Are they copyrightable? Can I use those in my story?
Q: If a hyperlink is just a location pointer, how can it be illegal?
Q: Is linking protected by the First Amendment?
Research
I want to combine the two aspects mentioned above in an analysis of the user created content of a number of movie fan sites. I will look at the sites of well-known movies, because I expect these to generate the most response from their audiences in quantity and variety. Examples of sites that can be useful are Harry Potter and Lord of the Rings fan sites, where forums, fan art and fiction are abundant. I'll have to do more research in advance to find out whether other movies have also spawned a lot of discussions or art.
Posted at 10:05 am by 0011398
May 24, 2004
C. Shirky ‘What is P2P… And what isn’t?
Question
Why is P2P so important for autonomous online operating, socially speaking?
Answer
First of all, Clay Shirky describes P2P as characterised by a lack of centralisation. The nodes, the connecting points of the networks, do not require a central server to operate. Individuals at the edges of the Internet can operate autonomously. Shirky focuses on the technical aspects and states that one of the reasons the P2P is so important, is that by using P2P computing environments, unused hard disk space and computer memory can pooled together. This allows a lot of simultaneous processing that otherwise would not have been available on one computer. Also, the lack of stable IP-addresses allows the circumventing of dominant server systems (DNS and before that TCP). The decentralisation that P2P makes possible cuts down the costs and administration.
Socially, I think that chatting programmes and their connectivity are the most important possibility of P2P technology. Programs like ICQ and MSN offer an alternative to centralised programs and enable users to contact each other wherever they are. (I have to say I’m not sure whether MSN has a central server or not). It is a way of keeping contact with friends, near or far, and even meet new people, for example by inviting new people into an ongoing conversation. Programs like Kazaa and Napster also often have a chat option. This could even bring people together. For example, you (regularly) see a person with a certain ID downloading certain songs from your computer and you start up a conversation with him/her.
E. Rutherford ‘The P2P report’
Question
E. Rutherford says that some industry watchers predict that commercial ventures will start using P2P networks. Isn’t this contradictory?
Answer
In a way, commercial ventures can already profit from P2P technology. Some versions of Kazaa for example include commercials. Also, like B. Wellman and J. Boase describe in their article, programs like ICQ are also part of P2P networks and, as I will argue next, will allow for faster and more widespread diffusion of viral marketing. These examples, however, are not part of a large scaled or very targeted commercial project. Viral marketing’s efficiency and reach is hard to predict.
Personal commercial usage of the P2P network could be commercialised, because it would not mean people would have to pay more to use it. Selling items without having to resort to E-Bay or others auctioneers would only be easier. I doubt that it will be possible for companies to really commercialise P2P networks on a big scale. Not because it is not possible per se, but because of the inevitable resistance of the users. I think P2P technology has been and is so successful because it allows users to contact people and to download music without intervention of central servers and, maybe more importantly, for free. I do not believe they will be willing to give that up, even if it would mean, as experts argue, being able to access other people’s e-book files.
B. Wellman and J. Boase ‘A plague of viruses’
Question
What did the advent of the Internet mean for viral marketing?
Answer
The speed and range of viral marketing has been greatly increased by the Internet. Viral marketing, the spreading of information by word-of-mouth, comes in different forms of diffusion, of spreading: through strong ties, through weak ties and through observation.
Strong ties, the bonds between friends for example, can be made even more effective through e-mail messages, like the forwarding of a certain commercial or joke or the posting of a message or poll on a weblog. The range of this sort of diffusion will probably not have changed because of the Internet, because it is hard to create strong ties solely by being on the net. These messages will therefore only reach the people you already know. The speed with which they will spread has greatly increased though.
Weak ties will increase in speed and range. You see someone’s e-mail address online, for example in a chatbox, and ad it to your list of e-mail addresses. You don’t really know this person, so it is unlikely that you will send him personal stories. However, when you get sent petitions, you will send that to as many people as possible, if it’s a cause you agree with. All those people you normally wouldn’t even have met in real life now get this message in an instant. Another example: someone could happen to end up on your weblog after being linked to it on another site. He or she can read the information on your site and learn of preferences and perhaps be influenced by that.
Spam, headers and pop-ups, unwanted as they may be, are also forms of viral marketing and weren’t possible before the advent of the Internet. These are forms of diffusion through observation. First, you may have seen someone walking on the streets and be influenced by this person’s style, now the same may be true for ads and pop-ups on websites. I don’t think these sorts of advertising have increased the speed of marketing, because observation itself is a very fast way of diffusion. The range, again, has been enlarged however. The ad or fashion mark you missed walking on the street, may pup op on your screen the next day.
Posted at 08:23 pm by 0011398
May 17, 2004
Yochai Benkler ‘From consumers to users: shifting the deeper structures of regulation toward sustainable commons and user access’
Question
Yochai Benkler speaks of the way a digitally networked environment should be able to turn consumers into users and how regulations and organisations will influence this process. He states that is it important to ensure that enough raw cultural material is available for users to appropriate. This development is already visible online. How does this apply to the film industry?
Answer
A lot of people are worried that the Internet will have negative effects on the film industry because of the possibility of downloading entire movies. I do agree that this will have its harmful effect on the mainstream industry, but at the same time, it offers great advantages for alternative moviemakers. The Internet makes it easier and less expensive for amateur filmmakers to exchange their material, a very interesting possibility. It is possible to distribute short and feature length digital films over the Internet and the Internet helps filmmakers by offering free (or relatively cheap) software and online help. Sites offer software and instructions that supposedly make it a lot easier to handle the various pre- and post-production elements of the digital filmmaking process.
These films can have another important role: the Internet makes enables filmmakers of all nationalities to get an audience for their films. Countries that usually don’t get their movies into Western cinemas, can gain worldwide attention thanks to viewings of their films over regularly visited sites. There also are sites that contain archives of short film segments, ranched according to certain themes, like time, or nature. This would be a good example of the raw material needed to ensure open source networking. These aspects of the Internet will counter the homogenisation, concentration and commercialisation that Benkler speaks of. Like Lessig says, the Net widens the range of possible contributors, by reducing the barrier to entry.
L. Lessig ‘The future of ideas: the fate of the commons in a connected world’
Question
Lessig claims that the Internet will fall victim to bureaucratisation and capture of the innovation process. What does he mean by this and will this actually happen?
Answer
Lessig spends a good part of his article contemplating the way the Internet has given us opportunities and products that otherwise would be inaccessible and he praises the Net for its innovative and efficient possibilities, for example in downloading music and in personalised advertisements. Innovation needs to be free and decentralized. However, the newness of the Internet is a threat to the old establishments in law and software writers. According to Lessig, they will therefore impose restraints that will undercut innovation.
I do not agree with Lessig on this subject. I do not believe that institutions will have such influence on the Internet as to prevent any innovations. Lessig admits that the efficiency of the new will eventually drive out the old. Online currents that cannot be controlled by governmental or institutional powers will remain. For example, people will always find new ways to share files, even when programs like Napster or Kazaa get banned. I think this is inherent to the architecture of the Net Lessig speaks of. The lack of control, the inexpensive access and the bottom-up marketing. The hierarchies of the social world do not apply to the virtual world and will not stop users from making their own attributions and creating new applications.
D. Harries ‘The new media book’
Question
D. Harries claims that interactive features form a hindrance to immersion. The constant decision-making prevents a person from letting go and entering a realm of ‘narrative seduction’. What is my view on this?
Answer
I do not agree. The other day, I was playing a computer game on my computer and I found that I got much more ‘immersed’ than I ever get when watching a movie on TV or in the cinema. At least, in the sense that I had to accomplish a certain task and had finally managed to do so after many failed attempts. Harries also talks about a sense of accomplishment, but more in the sense of being able to fully download a movie or video clip from the Internet. This task did involve constant decision-making, in the sense that I could only achieve my goal by using a stealthy strategy. If anything, the difficulty of the task enlarged my involvement, because the sense of accomplishment was so big after a lot of hard work. A computer game is an interactive activity, because it allows the player to define his or her own path to a certain extent. The interactivity does not rule out the immersion, at least not for me. Improving graphics and larger screens will also create more ‘realness’, which Harries attributes to cinema; the ‘liveness’ Harries speaks of can be accomplished through online gaming with other players, the connectedness as well.
Keith Negus ‘Identities and industries: the cultural formation of aesthetic economies’ (Cultural Economy H6)
Question
Keith Negus talks about the culture of the American and British music industry. What, according to him, are the differences and similarities?
Answer
The contemporary British music industry is greatly influenced by the mentality of the 60s and 70s. A relatively elite, middle-class white male group of people that grew up listening to all-male rock music groups dominate the agenda of the music industry and therefore prohibit the agenda to be an accurate reflection of the music that is actually listened to. The beliefs of this group have caused a sexist approach that has caused women to be stuck in administrative and secretarial positions. The same goes for the black staff. There have been a number of individual executives that have tries to turn the tide. However, mayor investments and rewards are still influenced by the 60s and 70s.
In America, there is also a division, like the British male/female, black/white division. Especially the black/white one, resulting in to exclude black music from certain labels. This separation has more to do with geography however. The south has been associated with ‘ hillbilly’, or white music like country music, and the north has been associated with race music, African-American music. In the USA, companies try to attract new artist on the basis of the artist already signed to them, so the associations people (other artists and possible new staff members) have with a certain brand name are very important.
Posted at 04:31 pm by 0011398
May 13, 2004
response to Jenkins (delayed)
Uhm, I couldn't find a 'respond' option for the Jenkins assignment on the H2O system, so I'm posting the response here for the time being :)
Jenkins speaks of the now more visible media spectatorship and I suppose he means the improved abilities that allow viewers to react to the media content that is presented to them. For example, the Internet communities that focus on a certain television series or movie. People can come together and share their opinions more easily than before the whole Internet revolution, that allows for faster communication. Not that it was impossible for them to communicate before, but the Internet is much more massive way of sharing than the circulation of letters or the occasional fan gathering. It is indeed easier to monitor or to be part of a community than, say, twenty years ago.
Jenkins is right in claiming that the viewer is not liberated through these new media technologies. First of all, not everybody has access to the Internet and not everyone visits online discussion boards. Second, the ability to discuss programs has always existed and a more widespread availability does not mean that a person is suddenly not at al susceptible to the messages that media try to deliver to them. The possibility of a negotiated or oppositional reading is there, but this is not thanks to the new technologies, it has always been there. It is thanks to people becoming more critical of their governments, media conglomerates etc.
Posted at 05:34 pm by 0011398
May 10, 2004
M de Mooij ‘Dimensions of Culture’
Comment
M. de Mooij talks about culture specifics in order to find similarities and differences. He starts with describing several dimensions of culture, all of them described as having two extremes. Some of these dimensions are the degree of context in their communication systems, the concepts of time, the relationship to nature, systems of power and collectivism and individualism. He finds great differences amongst several continents, but there are also different interpretations of these concepts within one part of the world. My comment is not as much a critique of the text, but a reflection on the impact of these differences on the internet community: there doesn’t seem be such an impact.
In online communities, people from all kinds of different cultures can come together and communicate, without immediately being confronted with all kinds of prejudice. They can choose how to spend their time and can operate in a sort of ‘power-free’ surrounding. At least, people do not know where you are from and therefore you are not pressured to relate to people in a certain way. You do not have to reveal your identity and can thus experiment with different types of roles, free of the immediate critical responds from the surroundings. For example, a person from Japan and a person from Holland may encounter in a MMORPG, and they wouldn’t know each others’ identity. Normally, in the real world, according to Mooij, the person from Japan would have to be very considerate of the other person’s status and would have to adjust his or her behaviour to this. Online, this is not the case, because online actions do not have an immediate effect on the real world. You are free to react in a given way, in your own time.
L. Küng-Shankleman ‘Inside the BBC or CNN: managing media organizations’
Question
Küng talks about the role of the founder of a culture and describes his or her influence on the assumptions that define a company’s organisation. How can this be applied to internet communities?
Answer
According to Küng, the beliefs, values and assumptions (about how the world is and ought to be) of the leader are the most important determinants of the culture of any organisation. He can teach this to new members and this will determine the way the group will behave. New beliefs, values and assumptions will be brought in by new members and leaders.
An internet community develops roughly along the same lines. It is set up by one person or a founder (or founders). Than he or she will set up a number of rules their visitors and members should follow, like no swearing. He can decide to ban certain people, should they misbehave. The difference with a company is that anyone can become a member of an online community. You don’t have to go through all kinds of selective procedures. The beliefs and assumptions these members bring in, are too many to monitor. A founder will however be able to delete messages that are inappropriate. Also, the beliefs and assumptions of the founders of the site will not always be very clear, because a founder can choose to remain anonymous. An internet community will not have a goal similar to that of a company, like selling goods or services. It will consist of celebrating a certain subject, like a band or television series, or just the communication itself. The community will not have to promote an image that will attract consumers, the content of the site should be enough.
Sean Nixon ‘Advertising cultures’
Question
How can the idea of ‘creative industries’ be applied to the Internet?
Answer
Nixon quotes, among others, from Scase and Davis’s Managing Creativity, in which they introduce the term ‘creative industries’ (media and cultural industries). These industries are on ‘the leading edge of the movement towards the information age [as] their outputs are performances, expressive work, ideas and symbols rather than consumer goods or services’. In Common Culture Willis says that ‘the active, not passive consumption of commercially produced goods, that creative processes of individual and collective self-fashioning occur’. The Internet is definitely a place for active consumption, more than any other medium can be nowadays. It is the only medium so far that allows for users to directly react to what they see presented and to interact with other users. Also, the internet stimulates users to be creative, by offering the possibility of uploading your work and allowing for other people to react to an comment on it. Many sites offer not goods or services, but symbolic values, the value of being part of a community, of sharing ideas and information, for example on forums where people help each other solve computer problems. The Internet is definitely a creative industry'.
Angela McRobbie ‘From Halloway to Hollywood: happiness at work in the new cultural economy?’ (Cultural Economy H5)
Question
What is meant by ‘civilisation through identification'?
Answer
McRobbie talks about the way the UK cultural labour market is ‘Hollywoodisating’. What she means by this, is that an increasing number of young people in the UK spend long hours in unpredictable working patterns, while getting pay very little. This would include the fashion designer and people that work at television studios. The civilisation McRobbie talks about, which is quoted from Rose, is the passion that these workers have for their work, that keeps them going under harsh circumstances. The circumstances would even serve as a disciplinary force, because they encourage determination. A person ‘identifies’ with his or her work very much and finds in it a way to express himself en find social acclaim.
Posted at 05:53 pm by 0011398
May 9, 2004
Posted at 01:55 pm by 0011398
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