比较法视阈下民间文学艺术的知识产权保护重构

用法律手段保护民间文学艺术是知识产权保护“国际化”进程的需要,也是保护传统文化、增强文化自信、提升我国文化软实力的迫切要求.民间文学艺术的法律保护问题首先是由发展中国家提出来的,发达国家中对民间文学艺术保护相对较弱.比较法视阈下,民间文学艺术的知识产权保护尽可能既要与现行国内国际立法实现有效对接,又要坚持立法重构,以有效保护民间文学艺术传承、记录、整理和汇编者的合法权益.     

The Truths/Fictions/Traumas of Marikana: Exploring Violence and Trauma in Three Films,The Marikana Massacre: Through The Lens (2013), Miners Shot Down (2014), and Night is Coming: A Threnody for the Victims of Marikana (2014)

ABSTRACT

By exploring three films that centre on the Marikana strikes and killings of 2012, I seek to examine both the representations of violence as trauma, and the trauma of representing violence, within the context of visual, cinematic texts. I position Marikana, and the trauma of Marikana, as both a highly significant moment, and also as representative of deeper social and political traumas and injustices. I ask whether and how these films create a narrative context for this pivotal moment in South African history. I also question the effects of cinematic style and genre in the depictions of trauma and violence. The institutional context in which each film originated and developed is important, and I argue that the audience's expectations of the genre of documentary film also play a significant role in the way in which the films process trauma. I situate my paper in conversation with previous articles by Lucy Graham and Helene Strauss among others, that deal with cinematic portrayals of Marikana. By examining the selected films alongside each other, and through the lens of Decolonial Trauma Studies, I hope to elucidate the ways in which these South African films deal with and work through trauma.     

Painful Pleasure: The Politics and Aesthetics of Psychosocial Trauma in Impunity

Abstract

Continuous trauma syndrome (CTS) is the foundation for the characters in the film Impunity. The aesthetic choices in the narrative structure are an exploration of the discursive nature of violence and trauma in contemporary South African society. The theorising of continuous stress trauma provides the necessary challenge to the more conventional understanding of post-traumatic stress syndrome and informs the underlying analysis of the film. This analysis is offered in an interlocutory manner with psychology theorist Garth Stevens who provides a hermeneutic reading of Impunity that draws directly from his own research and others in the field of psychology. The paper is offered as an examination of an artistic research, film practice. The practice itself constitutes a theoretical expression which connects the aesthetic and structural choices of the film with the disciplinary observations made by Stevens. It suggests two theoretical approaches from different disciplines brought in conversation with each other to inform the reading of Impunity as artistic expression. The paper puts at its centre the discursive approach to the study of violence and trauma to suggest how the film’s structure and its aesthetics may be connected to research in the field of psychology.     

Zimbabwean Indigenisation and the Shadow Economy of Cinematic Production

ABSTRACT

In recent years, Zimbabwe has suffered a political and economic crisis, which has generated impulses that have traumatised the country's film industry, among many other sectors. Resultantly, Zimbabwe's cinematic context of production has been reimagined and reconfigured in recent years. The southern African country's ruling elite, during former president Robert Mugabe's tenure, championed controversial policies of indigenisation in economic sectors, partly as a way of countering external economic and political hostilities. This article explores how the Zimbabwean film economy has responded to postcolonial indigenisation impulses and how the production context has developed parallel to or in tandem with this reality. It teases out the challenges and prospects posed by impulses of indigenisation in Zimbabwe to the country's fledgling film production industry by analysing the video-film production value chain post-2000, when the indigenisation agenda emerged and was consolidated. Informed by the theorisation of the shadow economies of cinema, the study employed in-depth interviews to collect data from purposively selected Zimbabwean filmmakers and policymakers. Thematic analysis was used to analyse this data. The study shows that indigenisation has been a pragmatic response to the economic trauma facing the film industry, although it has, in turn, sent out its own traumatic impulses that continue to affect the industry's structure and aesthetic.     

Adapting Techniques of Studio Critique for Arts Management Pedagogy

Many students in the field of arts management have a background as practicing artists. In that light, it seems promising to explore fine arts pedagogies for the delivery of elements of arts management curricula. Studio critiques are a central pedagogic tool in arts education, allowing for systemic self-reflexivity that emerges from a shared interest in the terms of the conversation itself—critique as a creative technique. Since 2009, the Department of Arts Administration and Policy at the School of the Art Institute of Chicago has integrated critique. Feedback from the first generations of students is assessed in this article.     

美国影视作品著作权担保融资制度的新发展

很难想象在国产电影屡创佳绩的今天,家底丰厚的制片方华谊兄弟也被迫选择了著作权质押融资之路。这本可成为我国文化创意产业融通资金的最佳案例,却因法律环境以及相关中介机构的缺失使得此次值得惊喜的融资实践异化成一个令招商银行揪心的风险管理之旅,凸显出我国著作权担保融资体系的诸多不足。美国有效且成熟的著作权担保融资制度为美国电影制品的全球性成功输出提供了强大助力,其做法值得我国借鉴。     

Analysing characters' interactions in filmic text: a functional semiotic approach

This paper presents an analytical tool for constructing characters' action patterns in film. Understanding characters in moving images has been regarded as one of the most significant elements of narrative comprehension and interpretation because spectators' inferences of narrative structures are substantially mediated by characters. The social semiotic method presented in this paper shows how characters' actions and interactions can be systematically constructed based on the co-patterning of textual elements in film and how the patterns provide an analytical foundation for understanding and interpreting characters. In addition, this paper also reviews the previous explorations of the more fine-grained approaches to character analysis and then demonstrates how the method the paper suggests can support and strengthen the accounts provided to date. Most importantly, by comparing scenes within and across two war films, The Thin Red Line (1998) and Black Hawk Down (2001), the article will show the potential of this method for effectively constraining hypotheses for empirical investigations of filmic meaning.     

The aesthetic public sphere and the transformation of criticism

This article argues that criticism is fundamental for understanding how culture and politics shape the ambiguous self-interpretation of society. An initial exploration of Habermas's theory of the public sphere reveals that it is inadequately cultural. An alternative is thus offered by discussing the work of Jacobs, and especially his concept of an “aesthetic public sphere”. His insight that nothing is too trivial when it comes to broadening the limits of the public sphere prompts scholars to take into consideration the positive as well as negative aspects of criticism. As a cultural mediation, criticism is shaped by a struggle for recognition that gives rise to the interpretation of its own crisis. The purpose of the article, however, is to propose a more balance account of such predicament. By discussing online criticism, the rise of the “prosumer” and user-generated content, it is argued that there is now a new battle for authority and legitimacy undergoing. This creates the potential for the democratization of criticism, even though this potential has great chance to remain within an inescapable democratic tension.     

Aesthetics and politics in North Korean socialist realist painting: On approved ways of seeing

This paper inquires into aesthetics and politics in North Korean socialist realist painting by way of an examination of North Korean journalist Han Chol Ju's article series “Visit to Korean Art Gallery” and three paintings in Korea Today (2010–2011). The paper explains late North Korean leader Kim Jong Il's national-Stalinist conception of Juche socialist realism in On Fine Art (1991); considers one Korean painting (Chos?nhwa), two oil paintings (yuhwa), and one jewel painting (pos?khwa); and addresses approved ways of seeing in political-aesthetic experience and response in the North Korean situation.     

Aesthetic Negativity and Aisthetic Traits

Abstract

This article concerns the notion of aesthetic negativity, and related ideas regarding the autonomy of art. After giving some initial definitions and a brief historical sketch of these concepts, we will examine the definition proposed by arguably the greatest thinker of aesthetic negativity, Theodor Adorno, and its recent semiotic reconstruction in the work of Christoph Menke. This reconstruction configures aesthetic negativity and autonomy jointly as the capacity of artworks, and the experiences that they occasion; to processurally negate “automatic” modes of understanding. This account is then critiqued, and contrasted with views on aesthetic experience that stress its nonconceptual and asemiotic aspects, and the close affinity of this modality of experience with perceptual presence and affective intensity, with a clear reference to the phenomenological tradition. Some recent ideas about how semiotic and phenomenological theories regarding art can interact are then cited, and an undertheorized aspect of their connection introduced, which is the main original import of the article. This connection, which is furnished by the concept of aisthetic trait, is derived from psychoanalytic metapsychology, and is an example of how the meaning and presence effects of art can act not just in a competing synchronic fashion, but can morph into each other over time. A trait is a signifier-like perceptual remnant of a prior subjective experience of high intensity that provides a kind of ratification of the experience that endures within the life history of an individual. This is then shown to have relevance to the previous topics of aesthetic negativity and autonomy in terms of the way that the trait mechanism may bring to light important diachronic aspects of aesthetic experience that are currently absent in other accounts in the literature.