Thinking about Copyright Issues

One of the recommended but not required books for this course is Bound by Law, a graphic novel that deals with copyright law.  If you haven't read this yet, I strongly urge you to do so soon.   Why?  Because copyright law is central to your video projects.

In the introductory videos that people posted on the YouTube channel, a couple of people added soundtracks to their videos.   You get bonus points for creativity but the music was copyrighted.  That means that someone (the songwriter, the singer, or more likely, the company that bought the rights to that music) owns that song.  You cannot use it unless you pay them for the right to use it.   Period.  

Have you noticed how videos sometimes disappear off of YouTube?  Many times, this is because the copyright holder has requested (or, demanded) that YouTube remove the video for "copyright violation."  

This also applies to images.  Think that you want to add an image that you grabbed off the web to your video?  Think again.  Most likely, that image is copyrighted. 

Now, I'm guessing most everyone has "ripped" music - that is, downloaded it without paying for it.   That's called "piracy" and, yes indeed, it's illegal. 

So, on the one side, we have people who are arguing for "copyright enforcement" (no stealing!) and on the other side we have people who are saying, "but it's on the Internet and we can download it, it should be free!" (pirates!).  

That's where "creative commons" comes in.  This is the creation of Larry Lessig, a law professor and scholar on copyright among other things, who argues that we need a commonsense approach to copyright law.  I'll talk more about creative commons in another post.  For now, watch this brief talk by Lessig (19 minutes or so), about copyright:

Films at the Schomburg

There are some great documentaries that you can see at the Schomburg this weekend and next:

October 10th - 1p.m. to 4p.m.
1 p.m. Scarred Justice: The Orangeburg Massacre 1968
2 p.m. Merritt College: Home of the Black Panthers

 
October 17th - 1 p.m. to 4 p.m.
1 p.m. San Francisco State: On Strike
1:30 p.m. February One

The Schomburg Center presents new film series throughout the 2009-2010 season focusing on a wide range of themes. Screenings will be held on select Saturdays. Check wwww.schomburgcenter.org for detailed listings. Free admission. First come, first served. space is limited. Select screenings will be followed by a discussion.

Podcast on Cyber Racism

The good folks at Contexts (the magazine of the American Sociological Association) asked me to an interview for their podcast series a few weeks back about my new book, Cyber Racism, and now it’s available online, here.  The description from their website about the podcast:

Cyber Racism is about white supremacist groups online, and Daniels tells us how white supremacy online is important for how we think about education, free speech and multiculturalism.

This expands on one the articles assigned for tonight's class.  And, there’s a little bit at the end about the blogging I do at Racism Review and the way that I see that as engaged political work.  One small correction, the scholar I refer to in the piece who developed the phrase “translocal whiteness” is Les Back (I mangled his name).

Opportunities Abound ~

Opportunities abound for both seeing and creating documentaries and new media projects. Here are few that have come to my attention recently:

• Health Reform Video Challenge - President Obama wants you....to create a video.  Seriously, he does.   This is the challenge: "Create the best 30 second video you can that makes the case for passing health insurance reform in 2009."  Interested?  Here are the official rules.  I would love to see a submission from our class. 
  
• Stranger than Fiction (STF) - STF is a documentary series at IFC Center, and it is launching its' 11th year.  This is a great chance to see documentaries screened in a theater, often with filmmakers present afterward for Q&A.  I hope to see you there!
  
• Get in on the ground floor - Check the notice I posted on Blackboard about the opportunity to get in on the ground floor of work on a doc about desegregation in health care with a professor here at Hunter.   Really, someone needs to do this. 
  
• Maysles Institute - The Maysles brothers are the filmmakers that brought us "Grey Gardens" (among other films), and we're fortunate that the surviving brother lives here in New York.  Check out the Maysles Institute and their ongoing film series uptown, at the Maysles Cinema, 343 Malcolm X Blvd / Lenox Ave (Between 127th and 128th Streets).   A treasure of an institution - not to be missed.
  

Public Health 2.0

JRanck has provided a terrific report that offers a descriptive overview of what we might call, "Public Health 2.0" - riffing on "Web 2.0" (hat tip: @MindofAndre). This is definitely worth a few minutes of your time:


Public Health 2.0: Re-Mixing Public Health

See especially about page 12 where he mentions Social Documentary and Witness as examples of the way that visual media are being deployed in the new technological landscape.

HIV/AIDS in the Caribbean: A Deadly Cycle of Stigma and Secrecy

I heard about this health-related documentary screening via my church bulletin this Sunday and thought I would pass this along:

HIV/AIDS in the Caribbean: A deadly cycle of stigma and secrecy (documentary screening) Stigma and discrimination prevent people around the world from accessing the HIV prevention, care and treatment services they need. This is particularly true in areas of the Caribbean, such as Jamaica, where anti-sodomy laws and concerns about violence put vulnerable populations at extreme risk. A panel of journalists, funders, AIDS activists and community members discuss the human impact of this discrimination, the need for coordinated multi-sectoral action, and journalism's role in bringing these issues to the broadest possible public.

Tuesday, September 22nd
4:00-5:30 pm
Reception following
CUNY Graduate School of Journalism
Room 308
219 West 40th St., NY, NY 10018
Seating limited: Please rsvp to rsvp@pulitzercenter.org

There is a panel discussion following the screening.  More information here about the panelists.

Documentary "Crude" with Filmmakers Present

The IFC Theater on W.4th is a good resource for independent and documentary films.  They are currently screening "Crude," a new film by Joe Berlinger.   Here's an excerpt from the blog linked to the film's website:

Three years in the making, this cinéma-vérité feature from acclaimed filmmaker Joe Berlinger (Brother’s Keeper, Paradise Lost, Metallica: Some Kind of Monster) is the epic story of one of the largest and most controversial environmental lawsuits on the planet. The inside story of the infamous “Amazon Chernobyl” case, Crude is a real-life high stakes legal drama, set against a backdrop of the environmental movement, global politics, celebrity activism, human rights advocacy, the media, multinational corporate power, and rapidly-disappearing indigenous cultures. Presenting a complex situation from multiple viewpoints, the film subverts the conventions of advocacy filmmaking, exploring a complicated situation from all angles while bringing an important story of environmental peril and human suffering into focus.

The landmark case takes place in the Amazon jungle of Ecuador, pitting 30,000 indigenous and colonial rainforest dwellers against the U.S. oil giant Chevron. The plaintiffs claim that Texaco – which merged with Chevron in 2001 – spent three decades systematically contaminating one of the most biodiverse regions on Earth, poisoning the water, air and land. The plaintiffs allege that the pollution has created a “death zone” in an area the size of the Rhode Island, resulting in increased rates of cancer, leukemia, birth defects, and a multiplicity of other health ailments. They further allege that the oil operations in the region contributed to the destruction of indigenous peoples and irrevocably impacted their traditional way of life. Chevron vociferously fights the claims, charging that the case is a complete fabrication, perpetrated by “environmental con men” who are seeking to line their pockets with the company’s billions.

On Wednesday (9/16) and Thursday (9/17) at 7:55pm and Sunday (9/20) at 5:40pm the filmmakers will be present at the IFC Theater for a Q&A after the film.   If you've never seen a documentary screened in a theater with the filmmakers present, you should definitely make it a point to go this semester. 

Taking a Look at Wiseman's, "Titicut Follies"

The short health-related videos that are common today are very different from classic health-related documentaries, such as Frederick Wiseman's classic, Titicut Follies  which we screened last week (9/8/09).    There is an excellent book (not assigned in the class) that I highly recommend if you'd like to read more about Wiseman's film and the controversy surrounding it:  Documentary Dilemmas: Frederick Wiseman's “Titicut Follies” by Carolyn Anderson, Thomas W. Benson (Southern Illinois University Press, 1991).   For now, I'm going to review some of the key points about the film - drawn mostly from Anderson and Benson's work - that we discussed in class.

Wiseman's work stands as an interesting case study in "independent documentary film making and in the legal, ethical, aesthetic, and rhetorical issues that the case has raised”  (Anderson and Benson, 1991, p.4).  It's also one of the earliest films that can be pointed to as a kind of social change film that the filmmaker really intended to use to bring about change in a social institution (but more about that in a moment).   Before I get to that, let me review some of the background on the film and the controversy surrounding it.

Controversy: Just before the film was due to be shown at the 1967 New York Film Festival, the government of Massachusetts tried to get an injunction banning its release. The state claimed that the film violated the patients' privacy and dignity. Although Wiseman received verbal permission from all the people portrayed or the hospital superintendent (their legal guardian), Massachusetts claimed that this oral permission could not take the place of valid release forms from the inmates. It also claimed that Wiseman breached an "oral contract" giving the state government editorial control over the film. However, a New York state court allowed the film to be shown. In 1968, however, Massachusetts Superior Court judge Harry Kalus ordered the film pulled from distribution and called for all copies to be destroyed, citing the state's concerns about violations of the "patients' privacy and dignity." While "privacy and dignity" became the stated reason for stopping the film's distribution, and certainly a cause for concern, many critics of the court's decision - most notably Wiseman himself - argued that the state of Massachusetts, concerned that the film portrayed a state institution in a bad light, intervened to protect its own reputation.

Legal Limbo: Wiseman appealed to the Massachusetts Supreme Judicial Court, which in 1969 allowed it to be shown only to doctors, lawyers, judges, health-care professionals, social workers, and students in these and related fields. Wiseman appealed to the United States Supreme Court, which refused to hear the case.  Thus, from 1969 for the next twenty years or more, Wiseman's film existed in this rather bizarre and completely unique, legal limbo in which distribution was blocked except for the screenings for certain kinds of 'professionals.'

Distribution: In 1991, Superior Court Judge Andrew Meyer allowed the film to be released to the general public, saying that as time had passed, privacy concerns had become less important than First Amendment concerns. He also said that many of the former patients had died, so there was little risk of a violation of their dignity.[2] The state Supreme Court has ordered that "A brief explanation shall be included in the film that changes and improvements have taken place at Massachusetts Correctional Institution Bridgewater since 1966."[12] The film was shown on PBS in 1992. The film is now legally available through the distributor, Zipporah Films, Inc., for purchase or rental on VHS, DVD and 16mm film for both educational and individual license. Zipporah Films released the DVD of the film to the home market in December 2007.

Medicalization:  One of the key sociological concepts that we discussed in relation to this film is that of 'medicalization,' that is taking a normal behavior and re-framing it as a medical condition (verb form: to medicalize).   Medicalization is a tool of social control.  Thus, those with less social power - people who are poor, not adults, not white, not male, not able-bodied - are much more vulnerable to being medicalized.  And, as we read in the Rosenhan piece, once a medical label has been attached to someone it is very difficult, perhaps impossible, to resist that labeling.    In Wiseman's film, we see a powerful example of this process as "Vladimir," tries to talk his way out of Bridgewater.  It is especially moving when he reflects on his own condition, saying “The reality is that I am here as a prisoner, and I am being ruined.”

Total Institutions:  Known at the time as an institution for the "criminally insane," the Bridgewater State Hospital featured in the film still houses 386 inmates, although state officials say that the institution has been transformed since the days that Wiseman shot his film.   In fact, all of Wiseman's films are concerned with social institutions: hospital, police, schools, and the family in the United States.    Titicut Follies is unique in that it examines a total institution.   Developed by sociologist Ervin Goffman, a total institution is an institution where all parts of life of individuals under the institution are subordinated to and dependent upon the authorities of the organization.   Some examples of total institutions include  boarding schools, concentration camps, colleges, cults, prisons, mental institutions, boot camps, monasteries, convents, nursing homes, and even cruise ships.   Wiseman's film offers a rare glimpse inside a total institution. 

Bodies Under Siege:  The bodies that Wiseman portrays are largely bodies under siege by the institutions in which they live. As such, these bodies - naked, emaciated, under total institutional control and completely without autonomy - become symbolic representations of each of us, as individuals, within society.   The body in the film which receives the most care is the dead body of the inmate – others are assaulted.  Wiseman illustrates by editing together scenes of a man being force-fed via a tube down his throat and then the relatively good care being taken with the same man's corpse after his death.  (For more on the way 'bodies' can be portrayed in film, there is a nice analysis here connecting Wiseman and Riefenstahl and how each filmmaker portrays bodies:  http://www.brightlightsfilm.com/50/titicut.htm).

Privacy, Dignity and Direct Cinema (cinéma vérité):  Wiseman's film is an example of 'direct cinema,' or cinéma vérité.  Watching a film shot in this style gives the viewer the sense of being in the room with someone and watching the action unfold in real time.  And, if you are used to the quick edits and jump cuts popular in much of visual media today (such as the "Girl Effect" video I posted yesterday) then this can seem a painful to watch at first until you allow yourself to relax into the pace of the film itself.   The cinéma vérité style does raise some ethical issues, however.  Here again are Anderson and Benson on this subject:

“Wiseman’s documentaries are built upon a method of film making that deliberately courts questions of invasion of privacy.  To watch the films is often to feel as if we are seeing deeply into other people’s private experiences.  In the Titicut Follies case, the issue of invasion of privacy became a legal issue; in all direct cinema it is an ethical and aesthetic issue.” (Anderson and Benson, 1991, p.4)

So several questions present themselves here: is it possible to make a film about peoples' suffering and not, simultaneously, violate their privacy?  Is it possible to create a film that both shows peoples' suffering and respects their dignity?  And, who is to decide when this has been achieved?   These are difficult, perhaps unanswerable, questions but ones that we will face again and again if we create visual media that includes images of health, illness and bodies.

In an interview, Wiseman speaks to how he sees his editing style as related to the issue of the dignity of his subjects:

Q: Could you talk about your editing style? A lot of movies and television shows today use lots of fast cuts. You seem to be in a different camp.

Wiseman: “I think I have an obligation, to the people who have consented to be in the film, to make a film that is fair to their experience. The editing of my films is a long and selective process. I do feel that when I cut a sequence, I have an obligation to the people who are in it, to cut it so that it fairly represents what I felt was going on at the time, in the original event. I don't try and cut it to meet the standards of a producer or a network or a television show.

My principal obligation is to make as good a movie as I can, and try to fairly represent the complexity of what went on. That means that sometimes the films are long, it means that sometimes the scenes are long. I don't think it's fair just to cut to the most sensational part of the scene, and then cut to another sensational scene, because that means that there's absolutely no context. In each scene, I have an obligation to provide the context and, from my point of view, the result is more dramatic than when you just cut to the most sensational aspect. The so-called juicy part of the scene is more comprehensible and more powerful because the context is clear.”

The Politics of Asking Permission:  When the controversy over the film first began, Wiseman was quick to point out that he asked and received permission from all of the people portrayed in the film or their legal guardian, in this case the superintendent of Bridgewater.   The larger question is:  is it possible to get meaningful permission from someone to be in a film if they are incapacitated or if they are institutionalized?   Does the permission of a legal guardian constitute meaningful consent?  What about the permission of the superintendent in charge of the institution where one is an inmate?   These are typically the sorts of questions that are asked of researchers when conducting research with human subjects, but these sorts of questions are relevant for documentary filmmakers as well. 

Social Change: Little changed at the Bridgewater facility where the film was made until 1987.  It was then that the families of seven inmates who died in the institution sued both the hospital and the state of Massachusetts.    Steven Schwartz represented one of the inmates. Schwartz’s client was “restrained for 2 ½ months and given six psychiatric drugs at vastly unsafe levels - - choked to death because he could not swallow his food.” Schwartz claimed that the state's order to block distribution of Titicut Follies was implicated in his client's death: 

“There is a direct connection between the decision not to show that film publicly and my client dying 20 years later, and a whole host of other people dying in between.”  

That's a remarkable claim for someone to make about a film: people died because this film was not released.   While we may discount that as lawyerly-hyperbole, there may be some bit of truth to Schwartz's claim since as he went on to point out:  "In the years since Mr. Wiseman made Titicut Follies, most of the nation’s big mental institutions have been closed or cut back by court orders.” In addition, “the film may have also influenced the closing of the institution featured in the film.” 

However, trying to make the connection between one documentary film and broader social change - even relatively small social change, like closing one institution - can be a difficult claim to support, as Wiseman himself says in this interview:

Q: I'm interested in the idea of documentary film having some social utility. Could you speak to that?

Wiseman: “Well, it's very hard to know. It's very hard to measure. When I first started out, I had a rather naive and pretentious view that there was some kind of one-to-one connection between a film and social change. But now, while I like to think there might be a connection, I think there is no real way of knowing. People have all kinds of sources of different information, and it's totally presumptuous to assume that any documentary, or any one work of any sort, is going to be that important. Which is not to say I don't hope it has an effect, but I think if it does, it's elliptical, subterranean, circuitous and certainly not measurable.”

I would disagree only slightly with Wiseman's assessment here in that I think it is possible to measure, but I agree wholeheartedly that it's difficult.  And, I think in many ways he captures something very important when he says that the effect of one film can be "elliptical, subterranean and circuitous." 


Truth and Fiction: Finally, any discussion of documentaries must also include a discussion of 'truth.'   The documentary is a defined as a "non-fiction" film and thus carries with it a special burden of truth-telling.  However, which truth gets told is entirely up to the filmmaker who decides what to shoot, what to include and what to edit out.    Wiseman is aware of this tension and is, perhaps intentionally, flip about it when he says that documentaries are fiction:
  

“Documentaries, like theatre pieces, novels or poems are forms of fiction,” (Philippe Pilard, “Frederick Wiseman, Chronicler of the Western World,”originally published in La Sept/Arte, from here.)

For good or for will, Wiseman is sometimes credited with being one of the originators of the contemporary genre known as "reality TV."    Again, Anderson and Benson offer a bit of background on the blurring of the line between truth and fiction in Wiseman's work:

“Wiseman has sometimes referred to his films as reality fictions. The term was used by Wiseman as early as 1974 and at one level is a way of referring to the same problem John Grierson pointed to when he said that documentary film was about the ‘creative treatment of actuality.’ One works from social actuality but necessarily imposes form upon that actuality, turning it into what may be implied by the terms art or fiction. ” (Anderson and Benson, 1991, p.1)

Even as Wiseman protests that his films are "fictions" like a play or a novel or a poem, the fact is that we - as an audience - approach his work differently than if we were reading a poem or a novel or seeing a play.   And, perhaps that's real distinction between truth and fiction, what we as an audience bring to each of these, and what we take away.  













              

Girl Effect: Short Video

This is a short video (2:23) about the importance of universal education for girls (hat tip: Arlen). As you probably already know, there are a lot of positive health outcomes associated with higher education for girls, and this video drives home that point nicely in a very short amount of time:



Why does this work so well? What are the elements that give this short video impact?

Fall Semester, 2009: Visual Media, Technology & Health (PH 770)

I'm playing around with the title of this blog as I gear up for another semester of teaching the graduate course, "Visual Media, Technology & Health (PH 770)" at Hunter.

In the class, we see a lot of health-related documentaries, read a lot of critiques of those documentaries, and contemplate how documentaries are converging in interesting ways with new media, particularly when it comes to health and health campaigns.

Here's the course description:

Visual media – TV, documentary films, and YouTube - affect how we think about health, public health, illness and the body.


The Internet, once primarily a text-only medium, is increasingly a visual medium where people go to seek out TV shows, documentary films and shorter videos created especially for the web. And, content created specifically for television and movie theaters today typically includes a web-based component that allows interaction with audiences of various kinds. The overlap and coming together of different forms of media is what scholar Henry Jenkins as referred to as “convergence culture.” A significant portion of this visual content in this convergence culture deals with individual and public health, illness and the body.


Visual messages are increasingly the format of choice for communicating message about health. For example, when the National Institutes of Health (NIH) and National Institute of Drug Addiction (NIDA), wanted to get out a public health message that drug addiction is “a brain disease” they partnered with cable-television company HBO (and a dozen or so documentary filmmakers) to create the “Addiction,” (HBO, 2007). The launch of the documentary television series also included a push for viewers to log on to the companion website to access addiction services.


This course will explore a set of questions related to these new trends, including: What does this convergence culture mean for public health messaging in the 21st century? What do the particular kinds of visual images suggest about the social meanings of health, illness and the body? How are political contestations about ‘science’ and ‘truth’ engaged through visual media, particularly on the web? What are the possibilities for social transformation (or retrenchment) using Internet technology and visual images? What constitutes an ‘audience’ in the Internet age? And, how might researchers who seek to evaluate such interventions design effective evaluations?


In this course, students will watch and learn to critically evaluate health-focused documentary films through a series of related peer-reviewed articles. Students will also meet a number of people who work in the field(s) of documentary film, human rights and health that will speak about how visual media and technology influences their approach to their work. And, students will get basic hands-on experience in creating their own visual media. At the end of this course, each student will have a completed a short, health-related video and uploaded it to YouTube.

 I started out the semester distributing Flip cameras to all the students and I'll create a YouTube channel for the class to upload their works in progress there.   I'll post links here to that channel as it begins to be populated with content.