The links below are to articles reporting on the winner of the 2020 Baillie Gifford Prize, Craig Brown, for ‘One Two Three Four – The Beatles in Time.’
In August, the communications minister announced a series of changes to copyright laws to “better support the needs of Australians and public institutions to access material in an increasingly digital environment”.
These changes are long overdue. But the year is ending, and we are yet to see the legislation.
The most important change is to ensure access to so-called orphan works.
Orphan works are copyrighted works for which the copyright owner can no longer be found.
The Australian Law Reform Commission and the Productivity Commission found that orphan works present a particular problem for public institutions. These include libraries, galleries, archives, museums and broadcasters, whose collections necessarily include items with unclear lineage.
The National Film and Sound Archive says they comprise 20% of its collection.
Orphan works are inaccessible
In most circumstances, the existing law requires users to secure the copyright owner’s permission before copying or using a work, meaning that orphan works can’t be used.
The Film and Sound Archive says scores of projects that would have celebrated Australia’s heritage have been shelved because of the expense and impossibility of locating the descendants of copyright holders.
The proposed changes would permit people to use orphan works if they first conducted a “reasonably diligent” search and as far as reasonably possible clearly attributed the works to their authors.
The standard is high – users would need to show clear evidence of good-faith efforts to identify and locate copyright owners in order to seek permission.
If the copyright owner isn’t found but later comes forward, the user and the copyright owner would have to agree on reasonable terms for any continued use.
Other proposed changes include a new fair dealing exception for the quoting of copyrighted material for non-commercial purposes.
It’s not always clear what’s okay to quote
It is not always clear whether quoting from something infringes copyright. The exception will give researchers confidence.
The government says it will be narrowly tailored to reduce uncertainty and the administrative burden for schools, universities, libraries, museums, government agencies, academics and researchers who quote words from a book, passages from a piece of music or visual images taken from works of art.
As well, the reforms would streamline licensing arrangements and exceptions for libraries, archives and educational and government institutions to allow things including
making collections available online for browsing in a way that does not infringe copyright
teachers using copyrighted material in online lessons in the same way as they are presently allowed to in face-to-face lessons
schools playing sound recordings for activities such as school concerts
governments using correspondence and other material sent to them for non-commercial purposes
These reforms are simple, reasonable, and ought not to be in dispute.
Unfortunately, copyright is such a heated topic that even the easiest fixes are hard.
Governments drag their feet
In the past, proposals for more wide-ranging reform have been opposed by organisations representing copyright holders.
Australia legalised the use of video tape recorders as they became obsolete.
That’s what these changes are. They certainly don’t pose a financial threat to rights holders.
2020 is not the year to expect things to happen quickly. But these reforms are important partly because they respond to problems made apparent by COVID-19.
Proper access to copyrighted materials would enable educational institutions to deliver the same lessons online as they deliver in person. Cultural institutions would be able to service customers unable to visit in person and to people in lockdown.
Hopefully the government will introduce the changes quickly.
But we don’t have a good track record. Australia didn’t get an exception that legalised home use of video tape recorders until 2006, the year they began to be replaced by other recording systems.
These changes ought to be (and largely are) uncontentious. Researchers, librarians, filmmakers and teachers are waiting.
To say I enjoyed this book wouldn’t quite be accurate – yet it was a very good read. The so-called ‘Spanish Flu’ was a terrible affliction and given the circumstances we now find ourselves in, this book is a timely read. It provides a number of worrying parallels and similarities (though there are differences) between 1918 and 2020 – for a book published prior to the COVID-19 pandemic. Well worth the read – if you can deal with two pandemics at the same time.
The links below are to articles reporting on the winner of the 2020 Cundill History Prize, Camilla Townsend for ‘Fifth Sun: A new history of the Aztecs’.
Just as writers and artists today are responding to the Anthropocene through climate fiction and eco art, earlier generations chronicled an environmental crisis that presaged humanity’s global impact.
The Anthropocene is a proposed geological epoch that powerfully expresses the planetary scale of the environmental changes wrought by human activity.
Yet almost a century ago, New Zealand and Australia were at the forefront of an environmental crisis that was also profoundly geological in nature: erosion. And it, too, left its mark on culture.
He warned that European colonisation threatened a similar fate for other parts of the world. These concerns came back with a vengeance in the 1930s, when the Dust Bowl in the United States began to raise alarm about the long-term security of global food supply.
In the 1930s, south-eastern Australia was also plagued by dust storms. The biologist Francis Ratcliffe, in Flying Fox and Drifting Sand: The Adventures of a Biologist in Australia (1939), described the situation in South Australia as a fight for survival.
Nothing less than a battlefield, on which man is engaged in a struggle with the remorseless forces of drought, erosion and drift.
In New Zealand’s different climate and topography, another version of the erosion crisis was also becoming evident. Geographer Kenneth Cumberland described the growing desolation of the North Island’s hill-country pasture.
Miles upon miles of the Hawkes Bay, Poverty Bay, Wanganui and Taranaki- Whangamomona inlands have slip-scarred slopes […] The recent history of these regions is one of abandonment, of decreasing population, of a succession of serious floods, and of slip-severed communications.
Cumberland argued in 1944 that New Zealand’s soil erosion problems “attain the extreme national significance […] of those of the United States.”
Similarly, in 1946, the geographer J. M. Holmes claimed:
No greater peace-time issue faces Australia than the conquest of soil erosion.
Shutterstock/photolike
Cultural crisis
Because agriculture is so central to western ideas of civilisation, commentators found that cultural and environmental questions were inextricable. This overlapping of science and ideology is evident in G. V. Jacks and R. O. Whyte’s The Rape of the Earth: A World Survey of Soil Erosion (1939), written by two scientists at Oxford’s Imperial Bureau of Soil Science.
The organisation of civilised societies is founded upon the measures taken to wrest control of the soil from wild Nature, and not until complete control has passed into human hands can a stable superstructure of what we call civilisation be erected on the land.
The belief that nature must be subdued and remade was especially potent among the settler populations of Australia and New Zealand. There colonial identity and economic survival were both inextricably bound up with the success of agricultural and pastoral production.
Elyne Mitchell, now best known as the author of the Silver Brumby children’s books, wrote extensively in the 1940s about how cultural norms of white Australians were directly impacting the soil.
To fit Australia into the pattern of Western civilisation, economically and socially, we have upset the natural balance and turned ourselves into destroyers instead of creators.
The cultural commentator Monte Holcroft used even stronger language to express a similar thought in Creative Problems in New Zealand (1948).
But we see also the bare hillsides, the remnants of forest, the flooding rivers, and in some districts the impoverished soil. The balance of nature has changed. Are we to assume that a people which possessed the land in this manner — raping it in the name of progress — can remain untroubled and secure in occupation?
As the title says, erosion was now a “creative problem”. Even as they were committed to colonial forms of society, settler writers were increasingly aware that their environmental foundations were not as stable as had previously been assumed.
Shutterstock/brackish_nz
Soil mysticism
In New Zealand literature, the landscape wasn’t simply a backdrop: writers often depicted Pākehā identity as being produced through a direct confrontation with geology. The poet and critic Allen Curnow described the sense “that we are interlopers on an indifferent or hostile scene” as a “common problem of the imagination”. As Curnow wrote in his poem, The Scene, in 1941:
Here among the shaggy mountains cast away
Man’s shape must be recast
Settlement was also described as an encounter between “man” and the landscape in an influential poem by Charles Brasch, The Silent Land, in 1945:
Man must lie with the gaunt hills like a lover,
Earning their intimacy in the calm sigh
Of a century of quiet and assiduity.
Critic Francis Pound has described this nationalist preoccupation as a “soil mysticism”. In focusing so closely on the soil, Pākehā writers were also able to overlook its occupancy by Māori and their own deep knowledge of the land.
Awareness of erosion
Yet Brasch’s appeal is to “gaunt hills”: the landscape of literature was more often than not eroded rather than untouched.
Frank Sargeson’s 1943 short story, Gods Live in Woods, drew on the experience of his uncle, who had felled the forest to establish a hill country farm in Te Rohe Pōtae/the King Country.
And places where the grass still held were scarred by slips that showed up the clay and papa. One of these had come down from above the track, and piled up on it before going down into the creek. A chain or so of fence had been in its way and it had gone too. You could see some posts and wires sticking out of the clay.
Erosion also spread into the common stock of literary imagery. In a short poem by Colin Newbury, In My Country (1955), it appears as a metaphor for disappointed love.
He stands close to the earth,
My obdurate countryman,
Drawing from the wind’s breath,
The arid sweetness of flower and mountain;
Knows no green herb for the heart’s erosion.
Such texts demonstrate the ecological concept of “shifting baseline syndrome”, as described by Anna Lowenhaupt Tsing and her collaborators, whereby “newly shaped and ruined landscapes become the new reality”.
Shutterstock/Filip Fuxa
Alternative possibilities
Although so much of Pākehā writing about geology from this time imagines the relationship between humanity and nature as hostile and irreversibly damaged, some offered glimpses of alternative possibilities. One was Ursula Bethell, whose poem Weathered Rocks (1936) stretched her Christian beliefs to find common ground with geology. Through this she imagined a less antagonistic relationship with nature.
When a block of land passes, as it may do through the hands of ten holders in half a century, how can long views be taken of its rights? Who under these conditions can give his acres their due?
Auē, taukari e, anō te kūware o te Pākehā kāhore nei i whakaaro ki te mauri o te whenua. Alas! Alas! that the Pākehā should so neglect the rights of the land, so forget the traditions of the Māori race, a people who recognised in it something more than the ability to grow meat and wool.
This view of the land as a political partner, endowed with independence and rights, appears to offer a new environmental perspective that in fact draws on the long-standing Indigenous legal principles of tikanga Māori.
Mid-20th century settler writing about erosion holds renewed interest today because it conveys a strikingly literal, visible sense of the Anthropocene: the geological impact of colonisation was plainly evident in sand drift, dust storms and scarred hillsides.
Writers were not blind to environmental damage, but in the main their responses are reminiscent of what critic Greg Garrard has called the present-day “gloomy trio of Anthropocenic futures — business-as-usual, mitigation and geo-engineering”.
But writers such as Bethell and Guthrie-Smith demonstrate the ongoing importance of creative work for questioning the values that created and sustain the Anthropocene we now all inhabit.
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