Copyright law

Contents Editorial Research Articles Formats as Media of Cooperation / Axel Volmar Thematic Focus: Copyright Law Editorial: The Reference as Part of the Art Form. A Turning Point in Copyright Law? / Dagmar Hoffmann, Nadine Klass The Concept of “Pastiche” in Directive 2001/29/EC in the Light of the German Case Metall auf Metall / Frédéric Döhl Transformative Works and German Copyright Law as Matters of Boundary Work / Kamila Kempfert, Wolfgang Reißmann Negotiating Legal Knowledge, Community Values, and Entrepreneurship in Fan Cultural Production / Sophie G. Einwächter Referencing in Academia: Video Essay, Mashup, Copyright / Eckart Voigts, Katerina Marshfield Re-Use under US Copyright Law: Fair Use as a Best Practice or Just a Myth of Balance in Copyright? / Sibel Kocatepe Reports Grounded Design in a Value Sensitive Context / Volker Wulf in conversation with Batya Friedma

System Transformation in the Context of Building an Integrative System in the Child Welfare System in Allegheny County through Child and Adolescent Needs and Strengths Assessment

In the last decade, the Allegheny County constituents could witness the transformation of a widely criticized system of divided services into a single Department of Human Services. As an attempt to improve service planning DHS moved to a common assessment (CANS Comprehensive) shared across the child-serving offices/systems that would lead to a shared service plan and an overall integrated service delivery process. The primary goal of the CANS is to support communication between systems and, in the end, help the integration process within DHS. This study describes what CANS is and how it became a central point in Human Services in Allegheny County. On the other hand it looks at the dynamics of implementing this new assessment across offices with a focus on the challenges different systems face, while implementing the new tool

Visionary Sociology in Action

The purposes of this dissertation are to provide research that will further facilitate an understanding of two matters of sociological interest: public sociology and video ethnography. In order to achieve this overall objective, a video ethnographic case study was conducted with eight undergraduates at an elite southern university. The students in the study self-filmed week-to week thoughts, feelings, and experiences to provide a methodical comparison of past and current literature of the lifestyles students construct while on campus. A qualitative approach, such as the video diary protocol established for this dissertation, is unlike most research protocols because informants (in this case university students) led themselves through the ethnography rather than being directed by a researcher. As such, one intention of the case study was to observe the phenomenon of student life through the lens of those experiencing it. Recognizing the importance of the interview process in qualitative social science research, after the audiovisual diary footage was thoroughly analyzed, audiovisually recorded interviews were also conducted with the students. As a qualitative method, audiovisual portrayals accentuate the subjective quality of various human experiences and the interactive production of social processes. Audiovisual data offers a multi-modal means of communication, which should be embraced by sociologists, in general, and by ethnographers, in particular. To appreciate the potential of communicating sociology through audiovisual data, researchers need to recognize the characteristics that envelop its existence. Beyond the fundamental understanding of mainstream sociological theoretical and methodological paradigms, technical film expertise is, of course, necessary - specifically using fitting visuals and sounds to convey both the subject and sociological message. Taken together, the combined methods allow presentation of findings – both visually and in print – in a more comprehensive and comprehensible way than would have not been possible with just one method in isolation

In the Blooming Red

My thesis is a hybrid text that incorporates both poems and nonfiction essays. It essentially functions as one very long, very unusual narrative. Though the works in the thesis incorporate multiple locations, both in the US and abroad, the manuscript begins and ends in central Indiana. The best way I can describe what happens in between to say it is an exploration of trauma, mental illness, and what healing sometimes looks like. Though much of what is contained here has been called “dark” and “visceral,” I don’t like to leave it at that. Instead, I see the potential for these pieces to be cathartic. I see the value in embracing negative emotions through writing rather than trying to make them into something they are not. I see a kind of beauty in fear, grief, and anger. When I write, I see a chance to share that beauty with an audience. I also see a chance to represent a fuller version of the human experience; I see a chance to convey the idea of wholeness

Media Literacy Definitions

This thesis conducts a critical discourse analysis on definitions of the term “media literacy” used by researchers in media literacy educational interventions. These definitions are compared to the skills developed in participants of media literacy interventions. This comparison reveals if and how researchers are operationalizing their stated definition of media literacy. Over half of researchers are using the definition proffered by the National Association for Media Literacy Education. However the disagreement in the field around a definition of the term “media literacy” has created confusion. This confusion has left educators falling back on practices scaffolded by the previous educational paradigm. This research finds that the definition of media literacy put forth by NAMLE addresses the paradigm shift that has taken place in the field

I'm not who you think I am: identify formation and the experience of informal learning for regional young people

'The primacy of culture’s role as an educational site where identities are being continually transformed, power is enacted, and learning assumes a political dynamic as it becomes not only the condition for the acquisition of agency but also the sphere for imagining oppositional social change' (Giroux 2004 p. 60). 'Youth' or 'the young person' is an abstract concept; used often, unthinkingly, but without concrete, or universally agreed upon definition. Are young people the future or the ‘problem’ with society? Varying discourses define the young person in a number of ways, with the formative features of young derived from their social position and status, age and demographic, and role in wider social hierarchies. Adding to this complexity of definition, young people themselves also define themselves and the idea of ‘youth’ in a variety of ways. How a young person forms an identity1, and on whose terms, is hence a vexed problem. The research that guided this dissertation aimed to explore how the idea of the young person was constructed, represented and viewed within three informal learning settings located in regional Queensland. The first cohort included a group of ‘disengaged’ young people within an alternative educational setting. This group was identified by the case school as disengaged and in need of a remediation program to ‘get them back on track’. The second cohort included a group of young people who attended a fortnightly LBGTQI social support group. The group, founded by Headspace Toowoomba, met with the aim of providing a social opportunity for LBGTQI identifying young people, aged between 12 and 18 years old, to be able to connect with each other in a supportive environment. The third cohort was a group of mountain bikers who would get together, ‘hang out’ and ride their bikes together. This group formed based on the desire for a group of young mountain bikers to ‘hang out’, practise their riding, and teach each other new skills. Via these three ‘sites’, the experience of these groups of young people was examined in an effort to understand the dynamic nature of identity formation, how young people come to develop a sense of Self and, more generally understand their place within wider social contexts. This research highlights that young people have a profound understanding of their ‘place’ in the world and the challenges that confront them. Significantly, young people contend with a range of social views and stereotypes that pathologise and position young people in ‘fixed’ ways. This thesis outlines how a more comprehensive understanding of young people might develop and how opportunities for informal learning,2 engaged by young people, can mediate this process

The autism diagnostic encounter in action: Using video reflexive ethnography to explore the assessment of autism in the clinical trial

Despite the increasing visibility of autism, this disorder has resisted a consistent and stable diagnostic definition, treatment approaches, and biomedical and genetic attempts to make sense of how it manifests within the body. That this confusion remains despite the enormous biosocial productivity of the category indicates that there is likely a unique set of circumstances, an “epistemic murk” (Eyal et al 2014), in which autism exists, and perhaps thrives. Given there is limited understanding of how clinicians diagnose ASD in practice, especially within the diagnostic encounter of the clinical trial, this thesis focuses on the contention and “epistemic murk” that surrounds autism as the object of the clinical trial and the paradoxical attempts by medicine and the psy-sciences to codify, standardise and quantify this heterogeneous disorder. Using a video-reflexive ethnographic (VRE) approach, I observed and videoed 22 diagnostic sessions with parents and children over two years as part of a randomised double blind placebo-controlled drug trial in a children’s hospital in New South Wales, Australia. Edited clips from these videos were later played back to the clinician in reflexive one-on-one feedback sessions with the researcher, allowing the collaborative analysis of complex diagnostic data. This video data provides a rich, negotiated, embodied and socially nuanced picture of the autism diagnostic encounter in action within the clinical trial. In this context, autism is no longer perceived solely as a set of observable behaviours, but rather a disorder that is firmly located within the brain and its processes. ASD medication, the disorder itself, and the individual ASD brain cannot be properly conceptualised without each other, with each element feeding into a classificatory loop. This data also demonstrates how participants must constantly negotiate between the inherently qualitative nature of the diagnosis in practice and the standardised agenda of the clinical trial, which views disorder as a quantitative deviation from a statistical norm. The thesis argues that during the diagnosis, the clinician must filter, categorise and quantify this complex, inter-subjective, experiential knowledge to fit with what counts as measurable evidence. However, it is behind the scenes that the real labour of the clinical trial occurs. This labour generates data through participants’ value-orientation, their experiences, stories, and corporeal translation of knowledge. This diagnostic work is above all complex, value-laden and qualitative

Subjective Excess: Aesthetics, Character, and Non-Normative Perspectives in Serial Television After 2000

This dissertation aims to fill gaps in contemporary television scholarship with regards to aesthetics and character subjectivity. By analyzing eight series that have all aired after 2000, there is a marked trend in series that use an excessive visual and aural style to not only differentiate themselves from other programming, but also to explore non-normative perspectives. Now more willing to explore previously taboo topics such as mental health, addiction, illness, and trauma, the shows featured in this dissertation show how a seemingly excessive televisual aesthetic works with television’s seriality to create narrative complexity and generate character development. Chapters are arranged by mode of production with the first chapter focusing on the series Grey’s Anatomy and Hannibal as a means of exploring the production and distribution practices surrounding network TV. The second chapter examines the basic cable series Crazy Ex-Girlfriend and Legion and posits how the narrowcasting of cable allows for more nuanced character representations through aesthetics. In the third chapter, the impact HBO has had on the television medium is explored through Carnivàle and Euphoria. The final chapter looks at contemporary series The Boys and Unbreakable Kimmy Schmidt as a way to better understand how the medium’s production and distribution has shifted during the convergence era. Ultimately, this dissertation will argue that in addition to further explorations of aesthetics, television studies is in need of a medium specific vernacular for creating meaningful textual analyses that avoid an overreliance on cinematic terminology