Why the not-for-profit cultural sector needs tailor-made copyright safe harbours



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There are many ways the not-for-profit GLAM sector – public galleries, libraries, archives and museums – could be protected from potential copyright damages claims.
from http://www.shutterstock.com, CC BY-ND

Graeme Austin, Victoria University of Wellington and Emily Hudson, King’s College London

A bill before the Australian Parliament will extend immunities from copyright infringement currently enjoyed by internet service providers (ISPs) to cultural institutions, educational institutions, and organisations assisting people with disabilities.

These immunities are known as “safe harbours”. They can be a useful policy tool. They help ensure that exposure to copyright liability doesn’t inhibit socially or economically useful activity such as developing internet infrastructure.

We argue that copyright issues for not-for-profit organisations differ from those affecting ISPs and their subscribers. Rather than expanding existing safe harbours, policy makers should tailor the concept to the needs of the cultural sector.




Read more:
Instagram is changing the way we experience art, and that’s a good thing


How the existing safe harbours work

Safe harbours have been justified as a quid pro quo to encourage investment in Internet infrastructure. ISPs were concerned that they could themselves be liable for their customers’ copyright infringements. Investment in internet technologies might have been inhibited by the risk of potentially enormous damages claims.

Currently, Australian safe harbours apply only to telecommunications providers such as Telstra and Optus. They shelter ISPs against monetary awards for copyright infringement for actions such as transmission and caching, and storage of infringing material uploaded by subscribers. The immunities don’t apply when the ISP is itself responsible for storing infringing material.

Immunity can also be lost when an ISP fails to meet key conditions, such as removing infringing material once the ISP knows about it.

Fresh thinking on safe habours

At first blush the bill makes sense. The institutions mentioned in the Copyright Amendment (Services Providers) Bill 2017 (Cth) do important work. A not-for-profit running a website that allows the uploading of material suitable for people suffering from visual disabilities, for instance, deserves immunity from copyright damages claims if some of that material turns out to be infringing.

However, the Australian bill should also prompt us to revisit the safe harbour concept itself. A safe harbour reflects a policy that certain activities are sufficiently important that they should not be inhibited by the risk of copyright proceedings. Rather than extending existing safe harbours to other institutions, we should look at how such institutions are currently inhibited by exposure to copyright claims, and how the law might be adapted.

There are many ways we can craft copyright immunities for the not-for-profit GLAM sector: public galleries, libraries, archives and museums. GLAM institutions currently enjoy some exemptions from copyright infringement, and there have been calls for a broader fair use or fair dealing defence.

Specific shelter for GLAM sector

Another possibility would be a safe harbour that is tailor-made for the GLAM sector.

The reforms in the Australian bill would apply only where the infringing activity is undertaken by patrons. But unlike ISPs, GLAM institutions need the greatest protection for the things they do themselves. We value museums, for example, for the expert work of their own curators and collection managers, not because they sometimes allow other people to upload material to their websites.

GLAM organisations use digital technologies in innovative ways. They put their collections online, link to the online collections of other institutions, and create vast repositories of metadata about collection items. Some exhibitions are digitally curated, with links to related objects and information, often located on remote sites. While some GLAM organisations allow third parties to post material to their websites, that’s not their core work.

Anyone working in the GLAM sector will tell you how copyright concerns limit their work. Institutions also fear the reputational damage of allegations that they disregard copyright. But so long as GLAM organisations act responsibly, these valuable contributions to cultural life should not be unduly inhibited by risks of copyright liability.

Striking a balance

Most GLAM sector organisations are responsible about copyright. If GLAM institutions use some material without copyright permissions, this is typically of limited commercial significance – quite unlike the commercially valuable material that is transmitted by ISP subscribers every second.

A fit-for-purpose GLAM safe harbour could encourage responsible behaviour while ensuring that the GLAM sector’s work is less impeded by risks of copyright claims. Unlike the ISP scheme, a GLAM safe harbour would not be limited to patrons’ activities. It might be conditioned on good faith efforts to raise copyright awareness among staff, including regular training. In the digital context, it might have a take down requirement.

The ConversationIn summary, the copyright issues for publicly funded not-for-profits doing valuable social work are not the same as those affecting ISPs and their subscribers. Lumping them together in the same safe harbour avoids more nuanced thinking about their relative social value and the different risks each poses for those who rely on copyright protections for their livelihood.

Graeme Austin, Professor of Law, Victoria University of Wellington and Emily Hudson, Senior Lecturer in Law, King’s College London

This article was originally published on The Conversation. Read the original article.

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How copyright law is holding back Australian creators



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In a new study, various creators described the process of obtaining copyright permission as ‘incredibly stressful’, ‘terrifying’ and ‘a total legal nightmare’.

Kylie Pappalardo, Queensland University of Technology and Karnika Bansal, Queensland University of Technology

Australian creators struggle to understand copyright law and how to manage it for their own projects. Indeed, a new study has found copyright law can act as a deterrent to creation, rather than an incentive for it.

Interviews with 29 Australian creators, including documentary filmmakers, writers, musicians and visual artists, sought to understand how they reuse existing content to create. It considered issues such as whether permission (“licences”) had been sought to reuse copyrighted content; the amount of time and cost involved in obtaining such permissions; and a creator’s recourse if permission was either denied or too expensive to obtain.

For the majority interviewed, seeking permission to reuse copyrighted content – for example, as snippets of music or video in films, or long quotes in written works – was a source of great frustration and confusion. The process was variously described as “incredibly stressful”, “terrifying” and “a total legal nightmare”.

Problems mostly centred on time delays and financial expenses. Creators found that the paperwork required to request permission was often long, complex and not standard across publishers and other rights-holder bodies. Many waited months for a response to a request; some never received one at all. Many reported feeling ignored and disrespected.

One interviewee, a composer, waited over a year for permission to set poetry to music. The music was due to be performed in a theatre production. The original poet was deceased but his publisher controlled the copyright.

After waiting months and not receiving a response, the composer was forced to painstakingly replace the words to the song with new ones that fit the same rhyme scheme, stresses, cadences and meaning as the original poem. This was a long and difficult process. Roughly a year after the play was staged, permission to use the poem came through from the publishers. By then it was too late.

Licence fees were also an issue for the creators interviewed. Licence fees can be expensive, even for very small samples. Many creators thought that copyright fees demanded for reusing small samples were unfair and stifling.

Projects abandoned

A filmmaker making a documentary about a small choir in rural Australia could not afford the licence fees to release the film to the public. To show snippets of songs sung by the choir, totalling less than two minutes of copyrighted music in a 20-minute film, with each snippet only seconds in length, the licence fees came to over $10,000. The project was ultimately abandoned because the filmmaker could not raise the funds to cover the licensing fees.

Faced with costly licence fees, one filmmaker had to abandon the project.
Shutterstock

Avoiding and abandoning projects were common reactions to the restraints imposed by copyright law, although a very small number of creators proceeded anyway, hoping to “fly under the radar”.

Some changed projects to try to circumvent copyright restrictions. For example, filmmakers might degrade the sound on their films for scenes where background music might be playing, such as those filmed in a pub or restaurant.

Ideas were filtered out early at the brainstorming stage because they were “too risky” or licensing would be “too expensive”. Some people avoided entire areas of creativity, such as appropriation art, music sampling or documentaries about music or musicians, because it was all just “too hard”.

Court decisions such as the 2010 “Kookaburra” case have further aggravated the problems. In this case, despite significant elements of original creativity, the Australian band Men at Work were found to have infringed copyright of a 1934 folk song, Kookaburra Sits in the Old Gum Tree.




Read more:
The Down Under book and film remind us our copyright law’s still unfair for artists


This case is a classic example of the gap that exists between law and creative norms. The law’s concern, in that case and others, is with what has been taken from an existing work. Creators, on the other hand, most commonly focus on the elements they have added to the work.

The study also highlights creators’ confusion about the scope and application of Australian copyright law. Creators were especially confused about legal exceptions to copyright infringement. In Australia, these are called “fair dealing” exceptions and they are narrow – they apply only to specified purposes (such as for research and study; parody and satire; reporting the news; and criticism and review).




Read more:
Explainer: what is ‘fair dealing’ and when can you copy without permission?


Creators expressed concern about what, exactly, fell within “parody and satire” or “criticism or review”. What do those terms mean when applied to art? Once participant remarked: “Everybody is out there flying a bit blind about this.”

Other countries, including the United States, South Korea and Sri Lanka, have broader exceptions to copyright infringement, which permit reuse for things such as remix or appropriation art, provided that the use is “fair”. These exceptions are generally called “fair use”. Importantly, these exceptions do not require the use to fall within a predetermined category, like reporting the news. Each use is assessed on its own merits.

Courts apply some basic standards in determining what amounts to “fair use”, which include examining the purpose for which an original work has been used; the extent to which it has been transformed; and the extent to which a new work impacts on the market of the original work.

In recent years, the Australian Law Reform Commission and Productivity Commission’s recommendations that Australia adopt a US-style fair use exception attracted significant criticism from much of Australia’s creative sector. Many considered that such an exception would be too broad and too uncertain. However, the study suggests this criticism may be largely unfounded.

The creators interviewed used their own strong sense of morality and fairness to guide what reuse they considered to be acceptable. These principles and norms align quite closely with the factors that courts use in assessing fair use, including how much new creativity has been added to the existing work and whether the new work commercially impacts the existing work in an unfair way.

The ConversationThis new study suggests that more flexibility in the law might actually help to spur the creation of new Australian work.

Kylie Pappalardo, Lecturer, School of Law, Queensland University of Technology and Karnika Bansal, Research Assistant, Faculty of Law, Queensland University of Technology

This article was originally published on The Conversation. Read the original article.

New bill would make Australia worst in the free world for criminalising journalism


Random Thoughts

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Would the ABC’s publication of confidential cabinet documents would be in breach of a proposed government bill?
AAP/Joel Carrett

Johan Lidberg, Monash University

Australia is a world leader in passing the most amendments to existing and new anti-terror and security laws in the liberal democratic world. Since September 11, 2001, it has passed 54 laws.

The latest suggested addition is the Turnbull government’s crackdown on foreign interference. The bill has been heavily criticised by Australian Lawyers for Human Rights, Human Rights Watch, and major media organisations for being too heavy-handed and far-reaching in the limits it would place on freedom of expression and several other civil liberties.

The government’s own intelligence watchdog, the Inspector-General of Intelligence and Security, argues the bill is so widely worded that its own staff could break the law for handling documents they need to access to do their job.

A case…

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Anthems, ‘ranthems’, and otherwise loves: nationalism in Australian poetry


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Dorothea MacKellar’s My Country, with its paen to a sunburnt landscape, excoriated Australians for their nostalgic love of English ‘grey-blue’ countryside and English weather.
Mark Wassell/flickr, CC BY-NC

Kevin Brophy, University of Melbourne

A young woman of 23, Dorothea MacKellar (1885-1968), had a poem published in the London Spectator in 1908, titled Core of My Heart. She was the daughter of a wealthy pastoral family, educated privately, a graduate of the University of Sydney. She is said to have written the first draft of the poem in 1905 in response to the breaking of a prolonged drought on the family cattle and tobacco farming property, Torryburn, near Maitland in NSW. The poem was also written in protest against the anti-Australianism of many Australians at that time, excoriating them for their nostalgic love of English “grey-blue” landscapes and English weather.

Dorothea Mackellar.
Wikimedia commons

Later, she re-titled the poem My Country and its second stanza remains the best known most quoted stanza of poetry in Australia, beginning with that belligerent, youthful and anthemic cry of “I love a sunburnt country”. She declared she could not share a love of “coppice”, “field”, “ordered woods” or “soft dim skies” because “My love is otherwise”.

She was in effect working to create not only pride at being here in such a raw and dramatic and vast place, but to make a new vernacular against the prissiness of English idioms of paradise. She even declared, defiantly, a love for the “stark white ring-barked forest” so common to Australia’s landscapes. We have forgotten how much of a rant this anthemic poem was in its time. It was a poem openly turning truisms on their head, giving a new generation its new native voice.

And of course, the poem exaggerated its argument, and opened itself to ongoing arguments over what it might mean to be in Australia, to be Australian, to find an identity in triumphant harmony with this place.

Kevin Gilbert (1933-1993), born on the banks of the Lachlan (Kalara) River at Condobolin, the youngest of eight children, found himself on the receiving end of, as he put it, “White Australia’s apartheid system”. In hospitals, Kevin Gilbert and his people were confined to verandahs and given blankets with “Abo” stamped on them. In his New True Anthem, he found his own moment of protest in the undiminished arguments over nationalism:

Despite what Dorothea has said
about the sun scorched land
you’ve never really loved her
nor sought to make her grand
you pollute all the rivers
and litter every road
Your barbaric graffiti
cut scars where tall trees grow
the beaches and the mountains
are covered with your shame
injustice rules supremely
despite your claims to fame
the mud polluted rivers
are fenced off from the gaze
of travellers and the thirsty
for foreign hooves to graze
a tyranny now rules your soul
to your own image blind
a callousness and uncouth ways
now hallmarks of your kind
Australia oh Australia
you could stand proud and free
we weep in bitter anguish
at your hate and tyranny
the scarred black bodies writhing
humanity locked in chains
land theft and racial murder …

It’s not so much MacKellar he had in his sights, for she was a fellow poet of protest, and a fellow poet in love with the land, but it was the profiteers, the racist systems, polluters and exploiters of every kind he wanted to expose. How that word “grand” has been mis-used and degraded, how far we are from being “proud and free”. No punches are pulled in this anti-anthem, and all the necessary questions are asked. Kevin Gilbert’s poem participates in the tradition of the corrective poem of insult, adopting the anthem as an anti-starting point.

Anti-anthems

Alec Hope (1907-2000) similarly used the moment of Australia’s commitment of troops to the Second World War to write his famous poem, Australia, allowing himself to speak over the top of Dorothea MacKellar to paint Australia as “drab green and desolate grey”.

Her rivers of water drown among inland sands,
The river of her immense stupidity
Floods her monotonous tribes from Cairns to Perth.
In them at last the ultimate men arrive
Whose boast is not: ‘we live’ but ‘we survive’.
A type who will inhabit the dying earth.
And her five cities like five teeming sores,
Each drains her: a vast parasite robber-state
Where second-hand Europeans pullulate
Timidly on the edge of alien shores.

There is nothing in Australia to celebrate and very little to admire in European modernism. Our only hope (Hope?), he ends gloomily, from a place we might call “love-hate”, is to remember that from such deserts as we have in abundance, prophets do come.

And now, the new voices of new poets come to this troubled tradition and make a claim to a voice, a language, an imagery that might wake us up to who we are and where we might be going. Omar Musa, raised as a Muslim, whose heritage is Irish-Malaysian, inspired by his poet father and the example of Muhammed Ali, is more famous as a novelist, a rapper, a slam performer and a You Tube sensation than as a poet to be read in a slim volume of verse.

His new book, Millefiori, is a solid and powerful and sometimes heartfelt incursion into poetry publishing, a book quickly read, but one that needs to be lived with and read over a number of times if the inner voice is to come through and the imagery work on its reader.

The longest poem in the book is Ranthem, an anti-anthemic poem in the tradition of Dorothea MacKellar’s and Alec Hope’s outspoken, youthful defiance and Kevin Gilbert’s hard won anger:

The people tell me love it or leave it. Fuck that.
How about love-hate it and stay? I’ll carry the flame.
They try to disqualify everything that I say
Cos I’m a big brown brother with an Arabic name.
They call me ungrateful and unpatriotic.
Sheeeeit! That attitude is straight idiotic.
If loving your country means wanting change for the better
That means criticizing the ugly
Side of society ASAP.

We need this kind of poetry to be published, to be happening, to be out there provoking us and projecting images of ourselves that might push us, in Musa’s phrases, to be “nuanced, shift the lens, be brave and consider again”. There might be more accomplished poets, more worthy commentators, but it’s clear that this one’s got a voice that says a lot of what needs to be said just now, and we’re interested.

Musa comes to his poems as both himself and, like Hope and MacKellar and Gilbert, as a voice made by a generation:

But do I have the right to commentate at all?
A middle-class Aussie man, that’s a lot of gall.
Cos this isn’t about me, so maybe adding my voice
Is just making the debate more cloudy …
but part of me feels it’s way worse if I don’t say shit.

The ConversationYou can’t help but admire the ways he catches phrases and phrasing, but you listen too to what he’s saying, hearing the reframing of the whole country going on inside those Ranthems.

Kevin Brophy, Professor of Creative writing, University of Melbourne

This article was originally published on The Conversation. Read the original article.

Get yer hand off it, mate, Australian slang is not dying



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Aussie slang such as ‘budgie’, ‘greenie’, ‘pollie’, ‘surfie’, and even ‘mozzie’ are now also making appearances in global English.
shutterstock

Kate Burridge, Monash University and Howard Manns, Monash University

As the debate continues over whether Australia Day should be celebrated on January 26, this series looks at the politics of some unresolved issues swirling around Australia Day – namely, the republic and reconciliation. And just for good measure, we’ll check the health of Australian slang along the way.


The Australian attachment to slanguage (slang language) goes back to the earliest settlements of English speakers in Australia. As Edward Gibbon Wakefield noted in his 1829 Letter from Sydney:

The base language of English thieves is becoming the established language of the colony … No doubt [terms of slang and flash] will be reckoned quite parliamentary, as soon as we obtain a parliament.

Wakefield’s observation was spot-on. The cant of the underworld (so-called “flash” or “kiddy” language) flourished in these early days. Slang had become an important way of fitting in and avoiding the label “stranger” (or “new chum”) – and, as linguist Evan Kidd confirms, it still is.

Yet, every few years there’s a furphy that our beloved “Strine” slang is doing a Harold Holt.

Reports of the death of slang downunder are total bulldust

Early in 2017, the Australian pie company Four’N Twenty expressed its concern that Australians hadn’t been “slinging slang” enough, and so launched its “Save Our Slang” campaign, aimed at promoting some 70 you-beaut, dinky-di, true-blue Aussie-isms (bloke, bogan, grouse, straya, you bewdy, and so on).

A few years earlier, in 2014, the appearance of Tony Thorne’s Dictionary of Contemporary Slang sparked a series of articles heralding the end of the golden era of Australian slang, prompted by the fact that the work had added only three new (not terribly usual, to our mind) Australian terms: tockley “penis”, ort “buttocks” and unit “bogan”).

We commonly pin the blame for the death of Aussie slang on our anklebiters-cum-adolescents and their love of seppo (short for “septic tank”, rhyming slang for Yank) slang. But it’s worth noting seppo influence has been a lexical and moral concern at least since the introduction of American “talkies” in the 1920s, as documented by historian Joy Damousi:

… that influx of nauseous American slang and vile English which regularly appears upon the screen, and threatens to reduce the Australian vernacular to the level of the New York gutter-snipe.

It’s also worth noting that some of what we consider to be true-blue slang in fact finds its origins in – hold onto your Akubra – early contact with American English.

There was an influx of Americans to the goldfields from the 1850s, and they brought with them a bunch of American colloquialisms. These included bonza/bonzer, which is probably from American English bonanza (originally from Spanish and used in the US in the 1840s for a successful gold mine).

Even waltzing – “carrying” – is probably from American slang, or at least was used at the same time and in the same way. Sure, we have records of Australians “waltzing Matilda” in 1890, but Tom Sawyer and Huck Finn were “waltzing” with this same meaning (albeit sans Matilda) in 1884.

Australian slang: like the eggs of the codfish

Some align the disappearance of Aussie slang with Australia’s maturing as a nation.

Certainly words, more than other aspects of language, are linked to life and culture, and perhaps the changes in Australian society are such that the days of the chiacking larrikin (or cheeky lovable prankster) have passed?

But it is the nature of slang that there will always be a turnover of terms – today’s cobber is tomorrow’s mate, ranga for a redhead replaces blue/bluey, bogan replaces ocker and so on.

As American writer Gelett Burgess put it in his 1902 essay, In Defence of Slang:

Like the eggs of the codfish, one survives and matures, while a million perish.

An expression that fills a need becomes accepted but, as Burgess describes:

… it is a frothy compound, and the bubbles break when the necessity of the hour is past, so that much of it is evanescent.

His own brilliant creation blurb for “a short publicity notice” was clearly one of the eggs that survived – and thrived.

We are continuing to sling slang

It seems we get so obsessed with the death of Australian English that we miss those many great terms that are being created beneath our very eyes in Australia and by Australians. Just look at the slew of recent additions to the Australian National Dictionary (most stemming from the 1980s and 90s):

hornbag, snot block, checkout chick, houso, reg grundies, ambo, rurosexual, seppo, spunk rat (previously also spunk bubble), chateau cardboard, firie, tradie, trackie daks

And we continue to play with these terms – goon has been around for a while, but it keeps on inspiring new creations, including goon bag (1998), goon juice (2000), goon of fortune (2004), goon sack (2009), and so on.

The rhyming hoon is another great example of how language is always on the move. It’s attested as a noun in 1938 (“lout”, “exhibitionist”), but with the shift to “young hooligan, especially as a driver” in the late 80s, we see a rich proliferation of changes, including hoon as a verb (1988), and nouns denoting the act of being a hoon, including hoonery (1987), hoonishness (1993), hoondom (1998) and their weapon of choice, the hoonmobile (1994), with which they could be adjectives hooney or hoonish.

The other interesting thing about hoon is that it illustrates how one meaning can oust another. The driver sense of hoon has pushed out the pimp sense that existed alongside it from the 1950s to the turn of the century (a very rare case where a risqué meaning hasn’t won out).

So, slang continues to flourish. It’s also clear there’s no sign that we’re about to give up our shortenings – as seppo, firie and trackie daks attest, Australians still love abbreviations. And we are exporting them it seems.

Aussie contributions to world lexicon

Australian selfie was the Oxford Dictionaries “Word of the Year” for 2013 (the frequency of the word had increased by a whopping 17,000% since the previous year). Its success was astonishing – in the same year it was even crowned Dutch Word of the Year (no squeamishness about loanwords in the Netherlands).

But there are plenty of other success stories too: budgie, greenie, pollie, surfie, even mozzie are now also making appearances in global English, as are demo, preggo and muso. These join many other exports – no worries, like a rat up a drainpipe, to put the boot in, to rubbish (someone) to name a few.

Australia recently scored another global hit with Macquarie’s Word of the Year 2017, milkshake duck, “a person who is initially viewed positively by the media but is then discovered to have something questionable about them, which causes a sharp decline in their popularity”.

It’s a “patriotic pick”, as Tiger Webb points out. Coined by Australian cartoonist Ben Ward, milkshake duck not only marks an Australian contribution to the global lexicon, but also carries shades of an Australian cultural contribution: the tall poppy.

So, let’s not milkshake duck (verb) Australian slang by focusing too much on the past cultural cringe and underplaying the evolving nature of slang.

After all, it’s funny to think that at the same time as we’re complaining about Australian slang dying, the Brits are complaining about Australian language features slipping into their kids’ repertoires.


The ConversationCatch up on others in the series here.

Kate Burridge, Senior Fellow at the Freiburg Institute for Advanced Studies and Professor of Linguistics, Monash University and Howard Manns, Lecturer in Linguistics, Monash University

This article was originally published on The Conversation. Read the original article.

Schools can’t tackle child literacy levels alone – it takes a village



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More than half of children under two and nearly half of children aged three to five are not being read to every day at home.
Shutterstock

Catherine Wade, Parenting Research Centre

The recently released NAPLAN 2017 results and findings from the latest Progress in International Reading Literacy Study (PIRLS) have got Australia talking again about how our children are faring when it comes to literacy.


Read more: NAPLAN 2017: results have largely flat-lined, and patterns of inequality continue


We know from PIRLS, while most Australian children are meeting international benchmarks for reading at year 4, nearly one in five are not meeting these benchmarks. Australia has one of the largest proportions of students who fall below the “intermediate” benchmark into the “low” or “below low” categories, compared to other English-speaking countries, including the US, Canada, and England.

Despite the range of steps that have been taken to address literacy levels across Australia, a large proportion of children are still not meeting international standards for reading. So what other approaches could we try?

Parents: an untapped resource

New research from the Parenting Research Centre highlights an area ripe for intervention: better supporting parents in reading to their children.

Our findings from a study of 2,600 parents showed more than half of children under two and nearly half of children aged three to five are not being read to every day.


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We found, while most children were being read to by an adult in the household four to five days a week, a concerning proportion were not being read to at all or very infrequently. Specifically, 13% of 0–2-year-olds and 4% of 3–5-year-olds were not read to at all by an adult at home in the previous week.

Our research also looked at how important parents’ educational values and aspirations for their children were and how they felt about their interactions with their children’s educators. The survey has national relevance, as most of the findings relate to broader parenting issues.

Why early reading is vital

We know from decades of international research that what parents do at home with their children has a profound effect on children’s learning outcomes. Children who experience enriched, cognitively stimulating home environments are at an advantage in the learning process because they have had exposure to many more words.

The evidence in support of providing a language-rich environment to children is vast. Children with language delays at school entry are at greater risk for academic difficulties. With flow-on effects to later academic and socio-emotional challenges, the imperative to tackle language and literacy problems early is paramount.

Sitting together, opening a book, and reading and pointing to words can be incredibly helpful in building the foundations of good literacy.
Shutterstock

A number of high-quality reviews of the scientific literature show good evidence for the benefits of parental shared reading for children’s literacy.

And while older children typically need less input from parents when it comes to actually looking at words on the page, that doesn’t mean the parents’ role in supporting reading diminishes. Creating a home environment that encourages time and space for books is key.


Read more: Research shows the importance of parents reading with children – even after children can read


If we know reading works, why don’t we do it?

The message that simply sitting together, opening a book, and reading and pointing to words can be incredibly helpful in building the foundations of good literacy has certainly cut through with many parents of young children.

But there are many reasons parents don’t read at home. As we know from sectors such as health, simply telling people what needs to be done – such as exercising more – does not take their personal context into consideration. Alone, it’s not enough to motivate people to adopt new patterns of behaviour.

Considering how best to support parents to read more often to their children is an important question and will depend on a thorough understanding of the barriers that are preventing them from doing so. Family and work pressures and parental confidence around reading books are some possible factors that could be further explored as barriers.

A shared concern

Children’s literacy is not the sole responsibility of parents, but it’s clearly an area where parents and schools can work together. This parent-educator partnership featured in our survey, which explored parents’ views about their interactions with kindergarten, child care and school teachers.


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Most parents (92%) felt comfortable communicating with their children’s teachers. Although 21% did not think or were unsure if their child’s teacher understood their child.


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Also, 20% did not agree they were able to participate in decisions that affected their child at kinder or school.

Of note, fathers tended to feel less comfortable talking with their child’s teachers than mothers did.

While 82% of parents felt their opinions were valued in discussions with their child’s educators, 11% had mixed feelings about this and 7% felt their opinions weren’t valued.


https://datawrapper.dwcdn.net/ILYt4/1/


Given what we know from research about the value of parents being connected with their children’s educational settings, it follows that parent-teacher partnerships are important for children’s educational outcomes.

Consequently, it’s important issues like literacy are looked at holistically. Literacy is not just as an education system issue, and not just a parenting issue. It’s a societal issue.

Parents are ready to engage

We found the vast majority of parents (93%) see their own contribution to their children’s learning in the early years as important. This supports the view that today’s parents are generally well placed for taking on information about how to improve their children’s literacy and educational outcomes.

It’s encouraging that most children are being read to at home – even if not every day. But in the context of concerns about Australia’s position in international literacy rankings there’s more to be done.

The ConversationThe message to parents is clearly “read early and read often”. The message for policy makers and professionals is “support parents to better engage with their children’s learning”. This could take many forms and is dependent on context. It could include strategies such as building literacy messages and materials into existing parenting support services and promoting online resources for parents, given our survey found 79% of parents look for answers online about parenting issues.

Catherine Wade, Principal Research Specialist, Parenting Research Centre

This article was originally published on The Conversation. Read the original article.

Australian tech start-ups stand to lose out in proposed copyright reforms



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YouTube and Facebook are protected from Australia’s copyright laws, since they already operate within the US safe harbours.
from www.shutterstock.com

Kylie Pappalardo, Queensland University of Technology

The Australian government quietly introduced the Copyright Amendment (Service Providers) Bill 2017 to the Senate on Wednesday. If enacted, the bill will extend the scope of Australia’s copyright safe harbours – very slightly.

Safe harbours protect internet hosts and platform providers from monetary liability for copyright-infringing content posted or shared by their users. For example, if you post the latest Thor movie to YouTube, YouTube won’t be responsible for copyright infringement if it takes down that video. In Australia, we only extend this protection to internet services providers, not general purpose websites.

This matters because technology firms rely on limits to liability to manage their risks. Companies like Facebook or YouTube, which host millions of pieces of user content, would face serious difficulty starting in Australia because our laws on copyright infringement are so strict.


Read more: It’s time to future-proof Australia’s copyright laws for the 21st century


The new legislation is a step in the right direction, but it doesn’t go far enough to create an environment that fosters Australian innovation.

Excluding platforms from safe harbours doesn’t make much difference to tech giants like YouTube and Facebook, since they already operate within the United States safe harbours. But it does discourage Australian tech start-ups from the chance to experiment in a reduced-risk environment.

It is not just the US with broader copyright safe harbours than Australia – jurisdictions around the world extend safe harbours to internet intermediaries beyond ISPs.

The European Union, for example, provides that member states must ensure that any hosting provider will not be liable for unlawful content posted by users, provided it acts quickly to remove the content upon notice.

Low hanging fruit

It’s the second time this year that the government has amended Australia’s copyright laws. The first was the Copyright Amendment (Disability Access and Other Measures) Act 2017, passed in June, which provides greater access to copyrighted content for people with disabilities such as vision impairment.

Both measures are low hanging fruit for the government. They improve our existing copyright law, but they don’t advance us far from the status quo.

The government is staying well clear of the more contentious, though far more impactful, potential reforms to the Copyright Act recommended by bodies such as the Australian Law Reform Commission and the Productivity Commission.

What are the copyright safe harbours?

The copyright safe harbours came about as a result of the US Digital Millennium Copyright Act (DMCA) in 1998. The DMCA represented an important bargain struck between the established content industry, such as big film and TV studios, and the burgeoning tech industry.

The content industry got a “notice-and-takedown” regime that required online service providers to remove material that infringes copyright. In exchange, the tech industry got copyright safe harbours.

Under this system, the service provider must quickly and efficiently remove infringing content if they are informed about it by the copyright owner. This notice-and-takedown scheme has become fundamentally important to the way the internet works today.

Why are Australian safe harbours so limited?

In the 2005 Australia-US Free Trade Agreement, Australia agreed to adopt these provisions into Australian domestic law.

But in enacting the copyright safe harbours, parliament made a drafting error. Instead of extending protection to “service providers”, as the US law does, we gave protection to “carriage service providers” as defined in the Telecommunications Act.

Essentially, Australia only gave protection to internet service providers like Telstra, Optus and TPG, and not to platform providers like Whirlpool, RedBubble, YouTube or Facebook. For more than a decade, this has been a critical difference between US and Australian copyright law.

What’s changing?

The new bill appears to close the glaring gap between US and Australian law by replacing the term “carriage service provider” with, simply, “service provider”.

But the bill defines “service provider” to be either a carriage service provider; an organisation assisting persons with a disability; or a body administering a library, archives, cultural institution or educational institution.

It does not extend the safe harbour to those who actually need it the most – Australia’s internet hosts and platform providers.

This is a seriously missed opportunity for Australian innovators. There is a real risk for businesses, both large and small, who want to provide online spaces for people to communicate.


Read more: Australian copyright laws have questionable benefits


Our copyright laws potentially make hosts liable for much of the copyright infringing content that users may upload or share. But it can be prohibitively expensive and time-consuming to pre-screen all content before it is uploaded.

This is one of the reasons why many large social media platforms don’t base their operations in countries like Australia, and why Australian businesses are at a major competitive disadvantage compared to those in other countries.

Why not extend the safe harbour to Australian innovators?

There were early indications that the Australian government intended to extend the safe harbours to all online service providers, but these amendments were shelved.

Entertainment industry groups have been lobbying hard in recent years for measures that go beyond the notice-and-takedown scheme that the safe harbours provide. They want what they call notice-and-staydown: proactive filtering of unlicensed copyright content by service providers.


Read more: Explainer: what is ‘fair dealing’ and when can you copy without permission?


At the same time, copyright owners want higher payments. They use the term “value gap” to describe what they see as the difference between sites like Spotify that pay hefty licence fees to make content available to users and sites like YouTube that do not.

Content owners are no longer happy with the bargain they struck in the DMCA – they allege that sites like YouTube are gaming the system of the safe harbours.

There is a false equivalency at work here. Spotify is not a site for user-generated content and does not purport to be; sites like YouTube have everyday users at their core. If we believe that creative discourse, engagement and play matters then there is a cogent reason why sites that facilitate user-generated content might need some legal latitude.

However, this debate misses a more fundamental point. Limited safe harbour provisions hurt Australian creators and innovators. They increase the risk to innovators developing new technology products and platforms.

The ConversationAnd, importantly, Australian creators miss the opportunity to exercise greater control over their creations through notice-and-takedown mechanisms that are easy to use and far cheaper than copyright lawsuits.

Kylie Pappalardo, Lecturer, School of Law, Queensland University of Technology

This article was originally published on The Conversation. Read the original article.

International study shows many Australian children are still struggling with reading



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Despite improvements in the national average score, the 2016 PIRLS report confirms many Australian children continue to be left behind.
wavebreakmedia/Shutterstock

Jennifer Buckingham, Macquarie University

The results of an international study into the reading skills of Year 4 students offer reason for optimism for Australian children.

The latest Progress in International Reading Literacy Study (PIRLS) shows that, on average, reading achievement among the Australian children surveyed improved significantly between 2011 and 2016. This is excellent news.

However, there is still cause for concern about Australia’s literacy standards, with the PIRLS study showing that a substantial minority of Year 4 children continue to struggle with reading.

The Progress in International Reading Literacy Study

The study has been running internationally every five years since 2001. In 2016, it encompassed 50 countries. Australia has participated twice – in 2011 and 2016.

In 2016, 6,341 Year 4 students from 286 Australian primary schools took part.

The study focuses on two reading abilities – reading for literary experience, and reading to acquire and use information. Students were given texts to read and then asked to answer multiple choice and short answer questions. Example questions include:

How does the author show you what the red hen is like?

According to the article, what is one way people have made the sea more dangerous for turtles?

Signs of improvement

The results show Australia’s national average performance improved significantly between 2011 and 2016.

With the exception of the Australian Capital Territory, all the states and territories showed an improvement. The improvement was statistically significant in Western Australia, Queensland and Victoria.


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The increase in the average scores in many states is due to better performance by students at the top end of the scale. This is a wonderful outcome for those students.

While the 2016 PIRLS results run counter to the trends in the most recent PISA and TIMSS international assessments, the improvement isn’t entirely unexpected. Recent years of NAPLAN results have shown an improvement in average reading scores for Year 3 students.

It’s difficult to draw any firm conclusions about the reason for this improvement. But it’s fair to say there has been a strong focus on early reading since NAPLAN was introduced in 2008, putting a spotlight on progress in this vital area of education.

Indeed, the PIRLS results provide a very useful external validation of the reliability of the NAPLAN results, as they report similar trends in reading over similar periods.

The sting in the (long) tail

The improvement in average scores is certainly heartening. But the PIRLS data also show that when it comes to reading, many Australian children are still being left behind.

In 2016, 6% of Australian children did not meet the minimum (low) international benchmark for Year 4 reading. This is only a very small improvement from the 2011 figure of 7%.


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Some 19% of Australian children in Year 4 did not achieve the intermediate benchmark. To reach this benchmark, children needed to be able to:

  • make straightforward inferences about things that weren’t explicitly stated in the text
  • work out the order of events in the text, and/or
  • find and repeat explicitly stated actions, events, and feelings in the text.

PIRLS describes this benchmark as a “challenging but reasonable expectation”.

In 2011, 24% of Australian children in Year 4 did not achieve this benchmark. So the figure of 19% in 2016 is an improvement. But it’s a poor outcome compared to other countries, including England, Canada, and the United States.

Despite some improvements, Australia still has the second-largest proportion of children below the international intermediate benchmark for reading among English-speaking countries.


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Early identification of low progress readers

Research shows that children who struggle with reading in their early school years are unlikely to ever catch up. These children need to be identified and supported much earlier.

This year, an expert advisory panel to the Australian government (which I chaired) reviewed early years reading assessments used around Australia. We found a deficit in the assessment of phonics skills in particular.

Phonics is the ability to translate the letters on a page into their respective sounds. It’s a skill that children (and adults) need so they can read and learn unfamiliar words. Without the ability to read and learn unfamiliar words, children have little hope of reading for meaning.

Based on the outcome of the review, the panel recommended (as have other experts) a trial and possible subsequent adoption of the Year 1 Phonics Check that has been statutory in English primary schools since 2012.

In this context, it’s worth noting that England’s results in PIRLS 2016 – the first group to take the Year 1 Phonics Check – are the best they have ever been.


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The Phonics Check is a quick (five-minute) and effective reading check. It’s neither stressful for children nor onerous for teachers, and provides immediate information to teachers about this fundamental aspect of literacy development.

The expert panel acknowledged that phonics is one of five essential components, alongside:

But of those five components, there is good reason to believe that phonics isn’t being taught effectively or assessed consistently in many schools. For the children most at-risk of reading failure – including those from socioeconomically or language impoverished homes, and children with learning difficulties – the consequences are devastating.

Literacy on the agenda

This Friday, Australia’s federal, state and territory education ministers will come together for the year’s final Education Council meeting. Their agenda will include the need for a national Year 1 literacy and numeracy check.

The PIRLS statistics will be thoroughly dissected and debated. But it’s important to remember these statistics represent real children.

What does it mean to be unable to read? One mother of a Year 6 child poignantly described it as “not being able read the jokes in Christmas crackers around the table at Christmas lunch”.

The ConversationThis should not be the case for a child who has spent seven years at school. A literacy check in Year 1 could prevent many Australian children from falling through the cracks, and facing a lifetime of disadvantage.

Jennifer Buckingham, Senior Research Fellow, The Centre for Independent Studies; Associate Investigator, ARC Centre of Excellence in Cognition and its Disorders, Macquarie University

This article was originally published on The Conversation. Read the original article.

Stories of sex, stars and sharks amongst the best Australian science writing in 2017



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Everyone loves a story about giant sharks.
from www.shutterstock.com

Sarah Keenihan, The Conversation

We’re proud to have five The Conversation authors featured in the The Best Australian Science Writing 2017, edited by Michael Slezak, and with a foreword by Emma Johnston.

The book was launched at The Australian Museum. The blurb says:

Good writing about science can be moving, funny, exhilarating, or poetic, but it will always be honest and rigorous about the research that underlies it.

This is what we’re all about at The Conversation – making sure that all our articles are supported by evidence, and at the same time helping readers see the relevance, the importance, the nuances but also the joy of science and technology.

Our selected authors are good examples.

In Peter Ellerton’s What exactly is the scientific method and why do so many people get it wrong?, he explains there’s a big difference between science and pseudoscience. But if people don’t understand how science works in the first place, it’s very easy for them to fall for the pseudoscience.

In Gender equity can cause sex differences to grow bigger, Rob Brooks writes that moves toward gender equity in opportunity – including the dismantling of patriarchal power structures – might, paradoxically, also widen sex differences.

Robert Fuller’s piece How ancient Aboriginal star maps have shaped Australia’s highway network likens many thousand year old Indigenous travel techniques with modern day GPS tracking. Aboriginal people have long used the stars to help remember routes between distant locations, and these routes are still alive in our highway networks today.

John Long tackles the myth that giant predators might still be cruising around our oceans in Giant monster Megalodon sharks lurking in our oceans: be serious!. Yes, giant sharks did once exist in our oceans – but these went extinct many millions of years ago.

Also included in the book is regular The Conversation author Alice Gorman, with her piece Trace Fossils: The Silence of Ediacara, the Shadow of Uranium, which we republished from Griffith Review State of Hope. The essay won the Bragg UNSW Press Prize for Science Writing 2017, which recognises the best short, non-fiction piece of science writing for a general audience.

These The Conversation pieces are presented in the book alongside 27 other selected science essays published in Australia during 2017, and written by scientists, journalists, philosophers and writers.

The ConversationScience writer and artist Margaret Wertheim received the UNSW Scientia Medal for Science Communication at the book launch, and prizes for science writing by students in years 7-10 were also awarded.

Sarah Keenihan, Section Editor: Science + Technology, The Conversation

This article was originally published on The Conversation. Read the original article.

A criminal record: women and Australian true crime stories


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The pyjama girl mystery, as featured in Famous Detective Stories no. 6.
State Library of New South Whales, CC BY-ND

Rachel Franks, University of Newcastle

Women have always been central to true crime stories: as victims, perpetrators, readers, and (increasingly) as tellers of these tales. Indeed, these tales, often dismissed as sensationalised violence, offer important opportunities to reflect on crime and crime control.

Many true crime writers today – including numerous women, working in a once male-dominated market – have been biographers, coroners, detectives, historians, journalists, lawyers, and psychologists. These backgrounds bring a style of storytelling that educates us about, not just merely entertains us with, crime. Importantly, many privilege complex and nuanced storytelling over simplistic stereotypes of women as just “bad” or just “good”.

The Sydney Gazette and New South Wales Advertiser Vol. 1, No. 1, 5 March 1803 (Front Page).
Call number: DL F8/50, Mitchell Library, State Library of New South Wales, CC BY

The first Australian true crime stories were transmitted orally, jotted down in journals, and entered into official records. George Howe, editor of our first newspaper, The Sydney Gazette and New South Wales Advertiser, enthusiastically embraced the topic of crime: the paper’s first issue in 1803 included stories of fraud, attempted murder, and the brutal rape of 17-year-old Rose Bean.

The first Australian publication dedicated to true crime is Michael Howe: The Last and the Worst of the Bushrangers of Van Diemen’s Land (1818), by T.E. Wells. This short work is also the story of Howe’s companion, then victim, Mary Cockerill a young Indigenous woman. Cockerill supported Howe in a landscape forbidding and wild to the European settlers. After being betrayed by Howe – he shot her as they were being pursued, facilitating his own escape – Cockerill then used her knowledge of the bush to help authorities. Howe was captured and killed in 1818, bringing his bushranging career to an end.

In the colonial era, a woman’s status as a victim was upheld, or denied, based on her character and her ability to conform to social mores of the time. Today, women are often still judged by what they say and what they wear; their education and their occupation. How many sexual partners have they had? Are they too emotional? Are they not emotional enough? Likewise, some perpetrators have been seen as more heinous because they are women.

Women as perpetrators

In Captain Thunderbolt & His Lady (2011), Carol Baxter skilfully tells the story of Frederick Ward (“Captain Thunderbolt”), a bushranger in the mid-1800s, and his Indigenous partner-in-crime Mary Ann Bugg (“Mrs Thunderbolt”). Bugg – an intelligent, gutsy, trouser-wearing woman – is brought vividly to life, as she breaks the law and defies the feminine expectations of her time.

As Baxter notes, Bugg was dissatisfied with the social status quo, and, like many bushrangers, she received support and sympathy from the wider population. She was not all “bad” but not all “good” either. Indeed, some suggested Mrs Thunderbolt was merely blamed for the deeds of her husband. Bugg outlived her outlaw partner by 35 years, dying in obscurity in Mudgee in 1905.

One of the more dramatic true crime tales of the late colonial period, is the story of Louisa Collins. Caroline Overington looks at the life, and death, of Collins in Last Woman Hanged (2014). Accused of murder, Collins famously endured four trials in 1888, which, as Overington argues, were effectively trials of all Australian women. If women wanted equal rights, including the right to vote, “then, such equality had to be universal: women, too, would hang for murder”. In the first three trials, the juries failed to deliver a verdict. In the fourth trial, the jury found her guilty and Collins was hanged in 1889.

Kate Leigh’s mugshots and prison form.
State Archives of New South Wales, CC BY

The Worst Woman in Sydney (2016) by Leigh Straw documents the life of Kate Leigh, born Kathleen Beahan, an icon of Sydney’s underworld from the 1920s through to the 1950s. A “famed brothel madam, sly-grog seller and drug dealer”, she is best known for her involvement in the “Razor Wars” when Sydney gangs used razors instead of guns. Leigh could handle a rifle (or any other weapon) and was “an intelligent criminal entrepreneur” who quickly capitalised on opportunities as they emerged. A hardened crook (who was in and out of prison), Leigh was also very generous; her Christmas parties for poor children, in Surry Hills, were legendary for the food and presents given out.

In Nice Girl (2011), Rachael Jane Chin looks at the many dreadful secrets kept by Keli Lane. Found guilty of murder and of lying under oath, Lane’s case is one that is still difficult to believe. Gender, and gendered ideals, stand out within it. Chin unpacks how Lane was a solid, middle-class young woman. She had her boyfriends but was not promiscuous. She was a teacher and had worked hard to become an elite athlete.

But underneath Lane’s “good upbringing and clean-cut appearance”, which earned her the benefit of the doubt from those around her, were five secret pregnancies during the 1990s. Two pregnancies were terminated, two infants were put up for adoption and one baby, Tegan, was murdered. Lane is serving her prison sentence, the crimes she committed as shocking now as when they were discovered. She will be eligible for parole in 2023.

Women as victims

In 1921 the body of 12-year-old schoolgirl Alma Tirtschke was found in an inner-Melbourne alleyway. Colin Campbell Ross was charged with rape and murder, as described in Kevin Morgan’s Gun Alley (2005, updated 2012). We learn the victim, just a child, was quiet but also clever and creative. As readers, we cannot help but speculate who Tirtschke could have grown up to be.

Ross was hanged in 1922: a result of false allegations, a flawed investigation, and a trial held in the press and in the courtroom. He received a posthumous pardon in 2008. This case is particularly important in the history of Australian true crime writing because, as Tom Roberts explains, it highlights the commercialisation of crime, focusing on the headline of the defenceless female, and media-driven moral panics.

Florence Linda Agostini (née Platt; 12 September 1905 – 27 August 1934) was known posthumously as the Pyjama Girl.
Wikimedia Commons, CC BY

One of Australia’s most famous crimes is the “Pyjama Girl Case”. In 1934 the remains of Linda Agostini, born Florence Platt, was found. She had been shot, beaten, and burnt. Most notably, Agostini was wearing yellow, silk pyjamas, patterned with a dragon: a flamboyant garment in Depression-era Australia. Agostini’s body was placed on public display in an attempt by the police to discover the name of the murdered woman but it took 10 years to identify the victim. In the 1940s and 1950s, Frank Johnson published his Famous Detective Stories series, which included The Pyjama Girl Mystery. Like many of Johnson’s true crime storytelling efforts, the woman at the centre of the criminal case is presented as a sexual object.

The story of Anita Cobby, born Anita Lynch, has been told many times. The first major telling of the brutal rape and murder of the 26-year-old in 1986, is Julia Sheppard’s Someone Else’s Daughter (1991). Sheppard contrasts Cobby and her numerous contributions to the community, as a charity worker as well as a nurse, with the senseless cruelty of the men who took Cobby’s life. Stories like this one, which have stayed in the public imagination over decades, highlight how the impacts of crime extend beyond the victim, family, and friends. They also show how women can be victims of completely random acts of violence.

Many women are victims of domestic violence. The murder of Lisa Harnum, by her fiancé Simon Gittany, is described by Amy Dale in The Fall (2014). Gittany threw Harnum to her death from their apartment balcony, situated on the 15th floor of an inner-Sydney building in 2011. This is a story of control, surveillance, and toxicity. Harnum was trapped in an untenable position: too frightened to leave but also too frightened to stay. When she did try to escape, the result was tragic. Gittany was sentenced to 26 years in prison, with a non-parole period of 18 years.

Changing true crime narratives

The once “either/or” binary of “bad/good” women has given way to demands from readers to see women as complex figures within these works. As a result, more and more writers are now increasingly focussed on the human cost of crime.

Kerry Greenwood, known for crime fiction and true crime, has curated two important volumes On Murder (2000) and On Murder II (2002). Rachael Weaver, in The Criminal of the Century (2006), offers a rigorous exploration of colonial serial killer Frederick Deeming. More recently Alecia Simmonds has written on the terrible consequences seen when drug use, violence, masculinity, and psychosis collide in Wildman: The True Story of a Police Killing, Mental Illness and the Law (2015). A dominant force on the landscape of true crime writing is Helen Garner with several compelling works including Joe Cinque’s Consolation (2004) and This House of Grief: The Story of a Murder Trial (2014).

Women are also telling their own stories, as seen in Lindy Chamberlain’s work Through My Eyes (1990). Chamberlain was falsely imprisoned for the murder of her baby daughter, Azaria, at Uluru in 1980. This book delivers a very personal account of one of the greatest miscarriages of justice in Australian history.

The ConversationCrime is never without context and is never straightforward. Many writers – women and men – know that simplifying these stories with stereotypes, female or male, is just not good enough: for the innocent, for the guilty, or for readers.

Rachel Franks, Conjoint Fellow, School of Humanities and Social Science, University of Newcastle

This article was originally published on The Conversation. Read the original article.