Creative License Research Articles

Total Heroism: Reinterpreting Sartre's Morts sans sépulture (The Victors) for the Chinese Stage

Zha Mingzhe's 1997 production of Sartre's Morts sans sépulture takes bold creative license in the form of retooled dialogues; hard-edged stage design; moody, ironic music; and the brutal acoustic ‘facsimile’ of torture to reimagine the play for Chinese audiences. Zha's production is neither an exuberant celebration of ‘heroism’ as the term is conventionally understood, nor a parable-like play given to ‘philosophizing’ the core tenets of Sartre's existentialism. Rather, it is a full-scale, in-your-face presentation of ‘total heroism’: heroism that is flawed, falling far short of the kind of heroism idealized in the annals or mythologies of the so-called ‘red classics’, but it is heroism nonetheless. It is an interrogation, in the fullest sense of the term, of the ‘essence’ of being tested in the crucible of ferocious tortures, and a ‘cruel’ antidote much needed to shock the numbed nerves of the body politic.

The Licensors’ Economic Right for Creative Commons Licensed Works Used for Commercial Purposes In Indonesia

A Creative Commons License is a public license which can be used by a creator or an inventor regarding a royalty-free license both for commercial and non-commercial uses. The commercial use of a creation financially inflicts the licensor since there is no economic right from the royalty from the user of the creation. This paper is a result of a study which applied a normative juridical approach. The study aims to find out the protection of economic right of the licensor for his or her creation, which is under creative commons license, which is used for commercial purposes. The economic right protection of the licensor whose work is under common creative license which is used commercially is the same as that of other licenses because a creative commons license is basically the same as other license agreements which bind parties involved in an agreement. The protection is given through the Act of the Republic of Indonesia Number 28 Year 2003 Concerning Copyright.

Resilience as Regeneration in Kate Atkinson’s <em>Life After Life</em>

In Life After Life (2013), British writer Kate Atkinson returns to the rewriting of History as her-story that characterized her early fiction. The protagonist’s lifespan overlaps with the major historical events of the twentieth century, allowing the writer to explore how those affected the individual lives of women and, at the same time, problematizing history, memory, and the past. Above all, Life After Life highlights the deep vulnerability of women to systemic gender violence, although it also emphasizes women’s resilience. The purpose of this paper is to examine Atkinson’s peculiar rendering of resilience, which interestingly she locates in the body, rather than in the mind. I contend that in Life After Life resilience results from the combination of embodied memory and emotional forgetting. The former—a kind of sixth sense that instinctively steers Ursula away from danger—facilitates women’s survival, while the latter ensures the character’s psychological welfare. My analysis also considers this novel and its protagonist as an important departure from Atkinson’s earlier fiction, because the protagonist is given a way out. This power, however, comes at a cost, for in order to forget, first she needs to die. However, since rebirth is a creative license and patently impossible in real-life terms, Atkinson seems to establish the impossibility of victims to put an end to their own victimization and, likewise, the ability to “recover” from that bodily violence through its physical erasure. In this respect, one may wonder whether Atkinson is just questioning the ability of female victims to be resilient, whether resilience can be a viable discourse for recovering from gender violence and, finally, whether cultural texts can successfully present female resilience at all.

Moving From Cultural Appropriation to Cultural Appreciation

Appropriation is an important part of art history. From Marcel Duchamp to Andy Warhol, appropriation is justified by the use of artists' creative license (Graw, 2004). This article focuses on cultu...

Taking users' rights seriously: proposed UGC solutions for spurring creativity in the Internet age

The past three centuries have witnessed copyright owners competing with distributors for the flow of income generated by new technologies. However, users have largely been excluded from this cake-cutting copyright game. The neglect of users’ interests has posed a serious challenge in the user generated content (‘UGC’) age. New technologies have empowered users to create UGC, whereas the existing law entitles copyright owners to block users’ access to source materials and allows UGC platforms to exploit UGC without remuneration. This article proposes a two-pronged solution in attempting to strike a better balance between copyright owners, UGC platforms and UGC creators. The first is an ex-post remuneration rule that confers on UGC creators the legal right to use copyrighted work without asking for permission but imposes an obligation to pay remuneration, both of which pass to future UGC creators. This rule incorporates elements of Creative Commons and compulsory licensing as part of the copyright rules generally applicable to all UGC creators. The second solution proposes a community-based approach, which imposes upon UGC platforms a common-law duty of monitoring infringement and includes some legal standards that ensure fair implementation of the terms of use/service of UGC platforms.

American Hannibal: The Extraordinary Account of Revolutionary War Hero Daniel Morgan at the Battle of Cowpens by Jim Stempel

Reviewed by: American Hannibal: The Extraordinary Account of Revolutionary War Hero Daniel Morgan at the Battle of Cowpens by Jim Stempel Aaron J. Palmer American Hannibal: The Extraordinary Account of Revolutionary War Hero Daniel Morgan at the Battle of Cowpens. By Jim Stempel. (Tucson, Ariz.: Penmore Press, 2017. Pp. xxv, 381. Paper, $19.95, ISBN 978-1-946409-26-3.) The concept of this book offers much promise. The standard biography of Daniel Morgan by Don Higginbotham is now nearly sixty years old, so the time seems right for a reassessment of this important American military leader. Unfortunately, Jim Stempel's book does not live up to this promise. It is neither a biography of Daniel Morgan nor a study of the battle of Cowpens. [End Page 148] Rather, it is a highly flawed general account of the southern campaigns of the Revolutionary War, focused on a handful of individuals, including Morgan. The book introduces the reader to Morgan in 1775 with the Quebec campaign. It then proceeds to the southern theater, with a rather long account of the battle of Camden and its aftermath. It takes the author six chapters and more than sixty pages to finally come back to Morgan, who arrives after Camden in dramatic, nearly miraculous fashion to rescue the shattered American army. The book moves through familiar stories of the southern campaign until it finally reaches Cowpens, which appears two hundred pages into the book and receives about fifty pages of coverage. The book then takes the reader all the way to Guilford Courthouse and Yorktown. At no point in this narrative does the author ever explain the book's title phrase, "American Hannibal." Stempel, the author of several works of historical fiction, has certainly attempted to write a lively narrative with emotional, dramatic language. However, without adequate citation, it is not possible to separate his creative assertions from hard historical fact. Stempel takes great creative license throughout the book, blurring the line between fiction and history. Overwritten, hyperbolic, and factually dubious passages such as the following are a common occurrence: "Imagine that! [Banastre] Tarleton must have been euphoric. He had come close to catching the famous Morgan napping, if not literally, then at least figuratively, just as he had surprised Thomas Sumter at Fishing Creek, not to mention the entire American command at Monck's Corner before that" (p. 177). The narrative itself collapses under its own weight. The book adopts a bizarre, point-of-view structure that follows a handful of characters in the fashion of George R. R. Martin. While such a structure works well in fantasy fiction, it entirely fails here, leaving the narrative to constantly start and stop, often with further interruptions for superficial mini-biographies. The lack of professional-quality maps is also a major problem in following along with the narrative, especially given the back and forth nature of the book's structure. Ultimately, American Hannibal: The Extraordinary Account of Revolutionary War Hero Daniel Morgan at the Battle of Cowpens advances no convincing argument and provides no new insight into the battle of Cowpens or Daniel Morgan. Some general readers may find the author's style appealing, but the book has little merit as a serious work of historical scholarship. Aaron J. Palmer Wisconsin Lutheran College Copyright © 2019 The Southern Historical Association

‘Deliberate freedom’: using speculation and imagination in historical biography

In this article, I explore the challenges and opportunities associated with using ‘informed imagination’ to write a speculative biography of an historical figure. In the process, I problematize the notion of the archival gap, which has been recently romanced by numerous writers, including myself. By citing archival gaps as a justification for creative license, we neglect the fact that all archives are inherently idiosyncratic in ways that invite, perhaps even demand, the use of both speculation and imagination. Here, I make a case for what I am calling the archival overlap. A careful examination of the existing sources, however sparse or abundant, is likely to reveal reoccurring clues that can be used to shape how we image and construct our subjects. Before we consider the gaps we should tend to these overlaps, I argue, using a current work-in-progress case study of the colonial artist Adelaide Ironside to explore how speculation and imagination are intrinsic to these stages of the biographical process.

Holography and Local Fields

This paper, which is a summary (in which considerable creative license has been taken) of the author’s talk at the sixth international conference on p-adic mathematical physics and its applications (CINVESTAV, Mexico City, October 2017), reviews some recent work connecting field theories defined on the p-adic numbers and ideas from the AdS/CFT correspondence. Some results are included, along with general discussion of the utility and interest of p-adic analogues of Lagrangian field theories, at least from the author’s perspective. A few challenges, shortcomings, and ideas for future work are also discussed.

The Use of Photo-Essay to Report Advances in Applied Science and Health

Background: In the applied health and science disciples there is an expectation that project work is reported through a publication. The conventional papers written to do this follow a structure that includes sections providing background, methods, results and a discussion or conclusion, supported by figures and tables. Sometimes photographs are included, and with more on-line publications the opportunities have increased for these to be available in full color. Borrowing from the field of photojournalism photo-essays are now a publication option where a series of images are used to tell the story; these are often related to health and well-being.Aims: To summarize the methodology used to effectively combine a series of images with a brief text, and short reference list to create a visually engaging and informative short report.Guidelines: Images are taken throughout the project with consent obtained from those whose images will be recognisable. Creative licence is used to compile representative images into a sequence that conveys the background, method, results and outcome(s) of the project. Images need to be of high resolution; editing for light, colour and contrast, and cropping is allowed to increase their clarity and relevance. The ethics of photojournalism apply making inappropriate manipulation of images or erroneous captions unacceptable.Conclusions: Photo-essays are a novel and informative way to report on an applied health, social or scientific topic. The format is an excellent one to use for a brief report, or to prepare a research presentation for a scientific meeting.Keywords: Photograph, Photojournalism, Photo-manipulation.

“Two Birds with One Stone”: Transmedia Serialisation in <em>Twin Peaks</em>

“Two Birds with One Stone”: Transmedia Serialisation in <em>Twin Peaks</em>

Transmedia Serial Narration: Crossroads of Media, Story, and Time

Transmedia Serial Narration: Crossroads of Media, Story, and Time

Transmedia Theory’s Author Discourse and Its Limitations

Transmedia Theory’s Author Discourse and Its Limitations

Translating for Academic Ends: Reflections on Visibility, Accessibility and Canonicity

Editorial noteThis article is based on winning entry for 2016 ASFS/AJFS Postgraduate Prize, cosponsored by AJFS and Australian Society for French Studies, and offered annually.On and taking up againA translation slam is an event where two translators, working independently, reveal their respective translations of same text to an audience. What ensues is typically discussion about their choices followed by period of answering questions. In 2010 during London Review Bookshop World Literature Weekend, translators Sarah Ardizzone and Frank Wynne participated translation slam centred on text written by Congolese-born writer Alain Mabanckou. Towards end of slam, at which Mabanckou was present, author was asked to share his thoughts on being translated. His response was following:I'm happy to see that two translators can translate different ways. [...] It's job. It's creation. I think that translating book is being writer because they are making kind of adaptation instead of translation. That's very good. And at same time I think that it's like guitar, you know, you have six chords. [...] So I gave them my guitar and they play their own rhythm.1In English, musical phenomenon described by Mabanckou is called a - song performed first instance by one (or more) artist(s) and then later performed by others in their own rhythm. Although tasks of translators have certainly evolved since Walter Benjamin's 1923 essay, for Benjamin real translations do not original. In passage encouraging faithfulness to syntax he writes: A translation is transparent; it does not cover original, does not black its light, but allows pure language, as though reinforced by its own medium to shine upon original all more fully.2 As opposed to Mabanckou's notion of covering, which valorizes creative license of translators, Benjamin's covering is portrayed as negative and to be avoided by translators through literalness.The French word for this same musical phenomenon is reprise (literally taken up again). However, reprise and convey very different meanings French and English respectively. Reprise implies an existence that is multiple, like processes behind any creative work. The prefix re (again) reflects sense of renewal; feeling is one of what can be gained from translation rather than what is obstructed or lost by it. At first glance, word evokes notions of concealing, blocking, and hiding, as Benjamin's use of word. However, quick dictionary search reminds us that verb can also mean to defend or protect, particularly military sense. And it is perhaps through this military lens that best captures work that translators do - they are defenders and protectors of language and culture; they are the mediating angels Babel.3In context of this study, analogy cover/reprise is useful way of thinking about translating for academic ends. By this I mean translations conducted with an academic goal mind, such as for use dissertation or for inclusion scholarly publication like an edited volume. These translations are neither presented nor published as stand-alone translations, but are situated amongst other research and writing and thus covered - concealing sense of word - by other academic work. Consequently, their circulation depends largely on engagement of other academics - their hybrid capacities as readers, writers, teachers, and translators - who take them up again.The reflections presented this article stem from my own experience of translating academia. In 2012, while I was working towards Master's degree and search of thesis topic, literary translation was an area of interest. My supervisor had told me that if I wanted to write about translation, I needed firsthand experience as translator. …

Encourage Members To Take Creative License

The Membership Management ReportVolume 13, Issue 6 p. 2-2 Articles Encourage Members To Take Creative License First published: 16 May 2017 https://doi.org/10.1002/mmr.30702Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinkedInRedditWechat No abstract is available for this article. Volume13, Issue6June 2017Pages 2-2 RelatedInformation

Pedagogical Subversion: The "Un-American" Graphics of Kevin Pyle

Pedagogical Subversion:The "Un-American" Graphics of Kevin Pyle1 Allan Antliff (bio) In her study Anarchism and Education, Judith Suissa argues that anarchist learning entails a constant interplay of tensions arising from emergent desires to transform society and the challenges society poises for realizing them. This is inescapable because a critical attitude is integral to an anarchist process of learning, infusing it with creative license premised on the conviction that we need not accept things as they are, that learning is not only a space for understanding, but also enactment (Suissa 150). My purpose is to explore this dynamic in the work of graphic artist Kevin Pyle, an American-born artist with a substantive body of illustrated books and comics addressing a myriad of issues. I am interested in how Pyle undermines and subverts narratives of "Americanness" which figure in the political imaginary of the United States. More specifically, I will explore how Pyle unravels one of the most powerful ideological weapons in the political lexicon of United States nationalism—the label "un-American." Perhaps the most appropriate way to unpack the etymology of "un-American," in keeping with Pyle's politics and his subversive agenda, is to review its historical application to anarchists. The term was liberally bandied about in the mass media after an anarchist-attributed attack on Chicago police in 1886 (the so-called "Haymarket riot"),2 but government-designated un-American status dates to the assassination of President William McKinley in 1901 by an American-born anarchist of Polish descent. This inspired Congress to pass the Immigration Act (also known as the "Anarchist Exclusion Act"), which President Roosevelt signed into law on March 3, 1903. The Act decreed: no person who disbelieves in or who is opposed to organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who has violated any of the provisions of this Act, shall be naturalized or be made a citizen of the United States. (United States Fifty-Seventh) [End Page 95] Anarchists who gained entry to the United States under false pretenses were to be deported and anyone who abetted an anarchist's attempt to enter the United States and gain residency was liable to be fined up to $5,000 or imprisoned for up to ten years, or suffer both penalties (United States Fifty-Seventh). Thereafter the pale of "un-Americanism" haunted anarchists, their publications, and their activities: politicians, the law courts, newspaper reporters and other public figures made frequent recourse to this nationalist slur.3 Despite the condemnation, anarchists continued fomenting dissent that crossed into "un-American" territory. For example, in August 1914, Emma Goldman's Mother Earth journal, which was anarchism's most widely-read English-language publication in the United States, responded to the advent of World War I with an illustration by Man Ray depicting a monstrous beast with two heads—"capitalism" and "government"—ripping "humanity" apart in its jaws (Ray). War, the journal declared, was "permanently fostered by the present social system," which could not exist without it ("International"). Capitalism was founded on exploitation and it could only be maintained through state-sanctioned violence or the threat of violence in times of peace, as well as war ("International").4 This critique was not only directed at Europe's nation-states; it was countering a conservative-orchestrated "preparedness" campaign focused on militarizing the United States so it could join the conflict (Goldman).5 In keeping with this analysis, anarchists called for social revolution, not only in Europe, but in the United States as well.6 Government response was swift and brutal. Once President Wilson declared war on Germany and its allies in April 1917, the United States Congress passed the Espionage Act, which criminalized anyone promoting insubordination, disloyalty, mutiny or avoidance of the draft (United States Sixty-Fifth). Anarchists...

Sydney Finkelstein: what makes a “superboss” super?

Purpose Strategy and leadership guru, Sydney Finkelstein believes that “regenerating the talent pool is the single most important thing that any leader can do” to help his or her organization to “survive and prosper.” His new book, Superbosses: How Exceptional Leaders Master the Flow of Talent (Harvard Business Review Press, 2016), studies “those few individuals” in any given industry who “grow human capital better than anyone else.” Design/methodology/approach Strategy & Leadership contributing editor Brian Leavy asks Prof. Finkelstein what can managers learn from these exceptional talent developers that might be more widely emulated? Findings According to Prof. Finkelstein, “The superboss playbook is not about being nice or empathic. It’s about giving proteges the motivation, guidance, wisdom, creative licence, and other elements they need to learn and grow” Practical implications Prof. Finkelstein notes, “While many businesses today focus on getting closer to the customer, superbosses are very much focused on getting closer to their employees or team members.” Originality/value Prof. Finkelstein asserts, “Superbosses have cracked the code on how to make organizations work better by designing a playbook that helps people accomplish more than they ever thought possible in their careers, or their lives. By studying the superbosses and what they do, we now know how genuinely unusual talent comes to populate an organization.?

Human V. House: A Combat for Couture Command of Luxury Labels

As an industry that thrives on - rather than succumbs to - adversity, the couture corporate world demands innovation and encourages risks. When combined with successful marketing and savvy business practices, these risks can result in large payoffs, which exist, primarily, due to the nature of the global fashion market. Endless consumption drives the market, rewarding fashion houses that cater to current trends with top-line growth and damning those whom fail to suffer decreased net earnings. In order to remain a viable player in the fashion industry, the house must have the resources to market and manufacture the product in a timely manner, as well as incur the costs if a collection is poorly received. Despite the clear risks, there is a large incentive to enter the highly competitive fashion industry: success guarantees millions, or billions, of dollars in profit; and, because the industry itself generates over a trillion dollars annually, the opportunity exists for hundreds of labels to each have a million dollar piece of that fashion pie.While extensive research documents the intellectual property concerns of the fashion industry, little research exists regarding other legal issues that arise in the industry. The present paper begins to fill that gap by assessing the employer-employee relationship between the fashion house and its top designer in order to demonstrate the importance of human capital to the house’s continued success. Engaged in repeated transactions, both the house and the designer will seek to increase their respective bargaining power over time. The objective of the house is to prevent a designer from gaining excessive bargaining power and from taking actions that could negatively impact the label due to public backlash. In contrast, the objective of the designer is to promote his or her individual style, which requires retaining the maximum amount of creative license available, through the production of collections bearing the name of the house. The examination of this gap will help to develop an understanding of the unique nature of the fashion industry and will highlight the fact that broad opportunities exist to conduct future fashion law research.

Creative leadership as a collective achievement: An Australian case

In this article, we examine the construct of ‘leadership’ through an analysis of the social practices that underpinned the Australian Broadcasting Corporation television production entitled The Code. Positioning the production within the neo-bureaucratic organisational form currently adopted by the global television industry, we explore new conceptualisations of the leadership phenomenon emerging within this industry in response to the increasingly complex, uncertain and interdependent nature of creative work within it. We show how the polyarchic governance regime characteristic of the neo-bureaucratic organisational form ensures broadcaster control and coordination through ‘hard power’ mechanisms embedded in the commissioning process and through ‘soft power’ relational practices that allow creative licence to those employed in the production. Furthermore, we show how both sets of practices (commissioning and creative practices) leverage and regenerate the relational resources – such as trust, commitment and resilience – gained from rich stakeholder experience of working together in the creative industries over a significant period of time. Referencing the leadership-as-practice perspective, we highlight the contingent and improvisational nature of these practices and metaphorically describe the leadership manifesting in this production as a form of ‘interstitial glue’ that binds and shapes stakeholder interests and collective agency.

Re-imagining the Literary Brand

This paper argues that the industrial contexts of re-imagining, or transforming, literary icons deploy the promotional strategies that are associated with what are usually seen as lesser, or purely commercial, genres. Promotional paratexts reveal transformations of content that position audiences to receive them as creative innovations, superior in many senses to their literary precursors due to the distinctive expertise of creative professionals. Analysing Spielberg's film, The Adventures of Tintin (2011), and Andrew Motion's fictional continuation of Stevenson's Treasure Island, it argues that literary fiction and cinematic texts associated with celebrated authors or auteurist producer-directors share branding discourses characteristic of contemporary consumer culture.

A Chinese Whore Making Good Business on Gold Mountain: Using Historical Research to Create Historical Fiction

For the 2011 – 2012 school year, I engaged in a year-long research project on Chinese sex workers in the “Wild West” during the Antebellum period. Typically brought to the United States under false pretences by members of Chinese tongs, Chinese sex workers were kept in homes and brothels starting from a very young age. Missionary groups attempted to "free” Chinese sex workers from these brothels, educate them and raise awareness of their plight. Historical accounts of these activities come exclusively from the perspective of the missionaries themselves, rather than the perspective of Chinese sex workers, which results in a biased account of Chinese sex workers as helpless girls. However, the research that I did indicates that there may have been examples of agency amongst Chinese sex workers. In order to share my research on agency amongst Chinese sex workers during the Antebellum period, I opted to write a historical fiction (a short story which was eventually published in the Queen’s Undergraduate Review). It is the process of translating historical research into historical fiction which I will focus on presenting. I rewrote the story and plot a number of times in order to maintain a balance of historical fact and creative license, and I struggled with the ethics of portraying historical characters and events for creative purposes. I learned what’s valuable for writing a successful historical fiction: exhaustive research, the understanding that realism is more impactful than sensationalism, and constant awareness of personal agenda or bias.