Towards an affirmative public domain

Two competing and yet complementary philosophical concepts form the foundation for the legal protection of intellectual property – ‘competing’ in that created works protected by copyright are unavailable for unrestricted use by others as a result of the economic monopoly given to the works’ owners, and ‘complementary’ in that the presumption is that works no longer protected by copyright serve as the basis for the creation of new copyrightable works. These unprotected works comprise the ‘public domain,’ which has never been affirmatively defined. In Golan v. Holder (2012), the US Supreme Court concluded that such a realm is constitutionally unimportant. This research contends, however, that the Court's decision is incorrect, that Golan, federal legislation, and international treaties threaten to bring larger and larger portions of cultural and intellectual content under the control of a property regime that does not understand the contradiction inherent in the notion of absolute property rights in intangible goods. The result is that the public domain is under tremendous pressure from those entities which have the most to gain from expanded authorial rights and from a weakened and less inclusive public domain. Citizens thus will have fewer rights to access and freely use their culture as they choose. The eventual significance of this evolution will be that further creativity and innovation will be stifled, the opposite of the intention of intellectual property law. In this article, we develop an affirmative definition of the public domain, which we believe will correct the imbalance in current intellectual property law.     

Ownership claims,valuation practices,and the unpacking of energy-landscape conflicts

There is now a substantive body of academic literature which focuses on protests against local infrastructural developments. This literature is often characterised by the key words ‘NIMBY’ or (facility-) ‘siting controversies’. The rapid development of renewable energy technologies – which are largely sited in rural areas – has created a new version of this controversy; energy-landscape conflicts. In many countries, large infrastructural developments are regulated through spatial planning legislation, often causing various tensions between new technologies, an evolving policy agenda, and a legislative framework which was largely conceived in a different era and which is slow to adapt. Alternatively, and in line with neo-liberal thinking, the logic of development can be subjected to cost-benefit analysis, whereby the value of the wind farm can be compared with the value of the ‘unspoiled’ landscape. This paper takes a more holistic approach to energy-landscape conflicts, by examining claims of ownership and notions and measures of value inherent in different claims and value systems which (seek to) influence decision-making. We examine both the logic of monetary valuation and the implicit value statements in various policy intervention options to point at the need for a more heterogeneous and multidisciplinary approach to policy evaluation. We then look at notions of ownership, rights and duties in relation to landscape and to our energy future, and we highlight the potential for using an analytical property rights framework which cuts across various levels of claims and value statements, from the national and ideological to the personal and practice-based.     

Bridging inequalities through inclusion: women's rights organisations as the ‘missing link’ in donor government-led participatory policy development and practice

This article focuses on women's rights organisations and their role in challenging inequality within the development process. Women in poverty are excluded as a result of their unequal societal position, geographic location, and the predominance of ‘top-down’ and piecemeal policymaking processes carried out by donor governments. We argue that in-country women's rights organisations provide the ‘missing link’ to bridge the disconnect between grassroots, marginalised women and donor decision-makers. This article focuses on the UK government's approach to developing policy and practice aimed at furthering international women's rights, focusing on the Women, Peace and Security agenda. Engaging with women's rights organisations not only ensures that donor policy and practice responds fully to the interests and needs of the poorest and most marginalised women in the global South, but renders the decision-making process itself empowering to the women involved.     

Sharecropping,Insecure Land Rights and Land Titling Policies: A Case Study of Lac Alaotra,Madagascar

Sharecropping between poor landlords and rich tenants has hitherto been the subject of very little academic scrutiny. Given that such ‘reverse share tenancy’ contracts are mostly at odds with the canonical risk‐sharing explanation for sharecropping, this article discusses a rationale for them that relies on weak property rights as well as the legal doctrine of adverse possession, and tests it using data from Lac Alaotra, Madagascar, where this type of tenancy accounts for one‐third of land rentals. The empirical findings are discussed in relation to recent land‐reform policies by the Government of Madagascar, the World Bank, IFAD, and the Millennium Challenge Corporation.     

‘In Light of this Demonstration of Crisis in our Nation’: Paternity,Responsibility and Welfare

This article examines the elements of the Personal Responsibility and Work Opportunity Act of 1996 that provides the rationale and mandates for paternity testing as well as some of the government programmes developed as a result of that policy. What we will become clear in the course of my analysis is that the Act itself is situated in a larger socio-economic structure that frames single-parent families as a ‘crisis’, one that is remedied by the resurrection and reinsertion of the father into the family. In this article, I use both theories of governmentality and feminist social theory to examine how a neoliberal logic of paternity works to position mothers as fixed and fathers as flexible using a language of dependency. Using the paternity test as my entryway, I examine the opening language of the Act and all further references to paternity testing. Then, I explore and challenge the language of Child Support Enforcement Program. I conclude this chapter with an analysis of the role of paternity establishment programmes in suturing this ‘crisis’.     

The invisible gap between public policy and company practices in supporting fatherhood: the Italian case

Work and family reconciliation is a key issue for many countries; in Italy, it is also an important and crucial challenge. Though initially considered a predominantly female issue impacting the maternal employment rate, the importance of fathers in the family domain is now widely acknowledged in policy discourses (such as leave policies). However, an emphasis on ‘fathers’ rights’ has not yet produced the expected improvements in term of men’s sharing care responsibilities and fathers’ involvement in children’s lives. This paper first describes the legislative context along with data on the use of leaves by employed parents. Then three company case studies in the North of Italy are presented and analysed, where both managers and fathers were interviewed to understand the facilitators and barriers for fathers’ leave-taking within companies.     

New governance of labour rights: the perspective of Cambodian garment workers’ struggles

Globalization has implied the transfer of industrial work to countries of the Global South, where labour rights are seldom effectively protected by legal frameworks. New forms of governance that go beyond state-centred legal regulation are presented as an alternative to fill in ‘governance gaps’. This paper analyses ‘new governance’ from the perspective of Cambodian garment workers and labour movements’ struggles. Drawing on the literature on governance and private regulation and research data from Cambodia, it argues that a technocratic approach makes governance initiatives ignore the economic conflict between labour and capital but also the possible political conflict between labour and government. By ignoring trade union rights, power-blind initiatives might end up weakening both the labour movement and democratic accountability, instead of complementing state’s regulatory roles. This might serve the overlapping interests of the powerful actors both in Cambodia and internationally.     

Finding the Homosexual in Women’s Rights

In recent years, organizations on the American Christian Right (CR) have become established actors at the United Nations, working to limit international agreement on developments seen as ‘anti-family’, such as women’s rights, population policy and abortion. At the same time, the Vatican has established itself as a strong voice opposing international law and policy on women’s rights. For both actors, women’s rights represent a direct challenge to the ‘natural family’ and hence a particular world vision premised on a sexual division of labour. While women’s rights is a central preoccupation for both actors, ‘homosexuality’ and the prospect of lesbian and gay rights and ‘gay marriage’ is also a recurrent theme, intricately connected to women’s rights. This article explores the relationship between women’s rights and homosexuality as drawn by these two actors. It asks why, in an international arena that offers little concrete recognition of, or protection for, lesbian and gay identities both the CR and Vatican are concerned about a presumed homosexual agenda. It also explores what role the debate about women’s rights plays in facilitating this ‘homosexual agenda’. In addressing these questions, this article seeks to explore, and raise further questions about international women’s rights as a language for international discussion about social relations.     

Rethinking law from below: experiences from the Kuna people and Rojava

ABSTRACT

This article presents a modest summary of the vivid discussions around the role of law and human rights that took place during the workshop ‘Seeking answers from below to the contemporary crisis of democracy’ in Siena in October 2018. Representatives from social movements, CSOs and academic considered law as one of the central issues to be discussed in order to better grasp and counter the global power structures. Law historically serves national and global elites’ interests, being applied to maintain the status quo of social injustice and inequalities. Therefore, this article presents some ideas and provokes some fundamental questions on how law and human rights can be part of an emancipatory project. Based on concrete experiences of the participants, from Rojava to the Kuna people, we critically discuss how legal instruments can be used to strategically defend people’s rights, strengthening the use of law from below.     

Youth Jury Policy Deliberation: Towards a Fair and Responsible Internet

Young people aged between 12 and 17 across three major British cities — London, Leeds and Nottingham — were invited to play the role of ‘jurors’ on a case where ‘the Internet was put on trial’. The recommendations reported in this paper are intended to improve digital experience and online safety as contributions to policy. These recommendations derive from the ‘youth jurors’ policy deliberations designed to encourage young people to reflect on their digital experience and collectively develop their own problem definitions and solutions.     

Going to the Courts Twice: A Critical Appraisal of the UK’s Policy of Re‐adoption for Intercountry Adoptions

The policy of re‐adoption for UK‐citizen parents of intercountry adopted children is designed to protect children and safeguard their best interests, but in fact may breach a variety of rights and international Conventions, and when applied to specific cases can lead to more harm than good. In this review, I want to argue that the policy of re‐adoption be reconsidered to minimise the distress to families when they return to the UK with their already legally adopted children. © 2011 The Author(s). Children & Society © 2011 National Children’s Bureau and Blackwell Publishing Limited.     

‘Northernness’, gender and Manchester’s creative industries

This article explores northernness and gender in the context of creative industries in Manchester. I argue that a version of northernness has been mobilised by those within the creative industries and that this identity is strongly linked with masculinity. The article examines the emergence of new creative industries in Manchester from the 1980s onwards. Many of these new creative industries were connected with music and club culture and often prioritised ‘lads’ and their interests. The ‘heritage’ and influence of this seedbed stage of Manchester’s creative industries and the dominant discourses about Manchester’s pop cultural creativity has had a profound influence on the ‘gendering’ of subsequent creative industries in this city. A paradigm of northern ‘laddishness’ pervades the creative sector in Manchester, and this is amplified and sustained by a powerful, media fuelled, cultural identity of the city and its popular culture. A number of local specificities have had an impact on linking creativity to ‘northern’ masculinity in the Manchester case. This has contributed to the ascendency of closed, male-dominated networks in the creative sector. This appears to stand in the way of women’s full access to, and participation in, the city’s creative industries. I suggest that all empirical case studies of creative industries could find value in reflecting on the local context and specificities of place. Using Manchester as a case study, I argue that place-specific identities could productively be explored in debates about exclusion and underrepresentation of women in creative industries.     

VIRALITY 2.0

Media virality is a current fetish object in a number of overlapping contexts including marketing, IT design and academia. The desirability of media ‘going viral’ is confirmed by efforts now undertaken to categorize viral success through a range of typologies and metrics, conceived in order to predict and achieve virality. A recent online ad campaign, staged as a ‘how to make a viral video’, signals the complexity of the concept of manufactured virality. This article takes as a point of departure a moment of conceptual slippage in the commercial to argue that the current discourse of media virality has paradoxically expelled its own progenitor, the virus. Contrary to Henry Jenkins's claim that the discourse of virality is ‘a kind of smallpox-soaked blanket theory of media circulation’, I argue that as transmission has been rebranded as ‘sharing’, questions of personal and moral responsibility attendant to transmission and infection have been erased in favour of a bland ideology of interactivity. The concept of ‘virality 2.0’ is proposed to account for this double movement: that the discourse of digital virality has relegated viruses to the past, while structurally exploiting their dynamic of circulation. Moreover, virality 2.0 reinscribes viral subject positions with normative values drawn from this same cultural past. The argument is supported by three main claims. First, behaviour deemed risky and marginal within a heteronormative discourse of promiscuity has been reappropriated as ‘sharing’ and ‘leadership’. Second, practices of digital media transmission may be as much about systemic functionality as active and engaged participation. And third, post-viral media virality works to stabilise and fetishise the active ‘sharing subject’ in neoliberal and heteronormative terms, at the expense of other practices and pleasures.     

Human rights at the heart of the social work curriculum

ABSTRACT

Social work policy and practice all over the world continue to face the impact of the neoliberal agenda. Similarly, social work education has been subject to the economic and political changes, with an increasing emphasis on a discourse of ‘evidence-based practice’. However, it is the core of social work programs in higher education to initiate students in the fundamental values of social work, as they are recognized in the global definition of social work. In order to prepare future social workers for their assignment, human rights should be given an explicit place in the social work curricula at Universities and Universities of Applied Sciences.

For human rights to gain more attention in social work programs in higher education, a Manifesto was written by lecturers’ social work in the Netherlands and Flanders, with a 5-point program to include human rights in the social work curricula. In this article, we elaborate on the five objectives that are presented in the Manifesto. Throughout the paper, we introduce small ‘case examples’ of how human rights can be integrated in education. These experiences show the importance of developing a particular social work perspective on human rights that is found in the idea of ‘human rights from below.’     

Uneven and combined development and sub-imperialism: the internationalization of Brazilian capital

This paper examines the political-economic outgrowth of Brazilian capitalism in the global south after the outset of the global financial crisis. In analysing the public-sector finance policy of the Workers’ Party (PT) during the crisis, I argue that a structuration of investment was established. Utilizing theoretical premises of uneven and combined development and sub-imperialism, this paper traces the motions of the industrial financing processes that perpetuate Brazilian capitalism outside of the boundaries of the nation-state to shed light on the relationship between ‘emergent’ economies, their state structures, and the developing world. I argue that such structures represent a policy to accelerate capital accumulation abroad.     

Dilemmas in planning English/vernacular relations in post‐colonial communities

In the context of globalization and post‐modern discourses, the debate about the relative status of local and dominant languages poses serious policy problems for post‐colonial communities. Critics of minority language rights (MLR) generally point out that engineering a language shift on behalf of a vernacular language – motivated by the preservationist interests, collective rights and sentimental associations of an ethnic group – is futile, as the economic and social mobilities of individuals are bound to work against this enterprise. Proponents of MLR have gone to the other extreme of essentializing the linguistic identity of minority communities, generalizing their language attitudes, and treating local language rights as non‐negotiable. This article addresses this debate in the context of the attempts to promote Tamil by the military leadership in the North and East of Sri Lanka. The paper brings together data gathered in sociolinguistic studies for four years in the Jaffna society in order to understand the reception of the language policy in everyday life. The leadership recognizes that language policy is a symbolic statement for political purposes and tolerates certain inconsistencies in policy and practice. While the community assures itself of ethnic pride and linguistic autonomy with the stated policies, it negotiates divergent interests in the gaps between the policy/practice divide. Scholars should recognize the agency of subaltern communities to negotiate language politics in creative and critical ways that transcend the limited constructs formulated to either cynically sweep aside or unduly romanticize language rights.     

Place Brands,Nonbrands, Tags and Queries: The Networks of Urban Activism in the Creative City Istanbul

This article aims for a deeper understanding of an emerging urban-political culture that interweaves digital platforms and urban spaces, institutions and the extra-institutional. It explores political possibilities and limitations of urban activism in the context of ‘creative city’ oriented policy-making in Istanbul, Turkey. My approach highlights the production of agency/disempowerment and solidarity/isolation through socio-technical networks that assemble multifarious issues of concern and care. Activist strategies in Istanbul engaged the productive tension between (1) biopolitical apparatuses introduced with ‘creative city’ governance that extract value from the creative production and cultural participation of citizens and (2) the disregard or devaluation of citizen bodies in socially exclusive processes of urban transformation. The struggle over the impoverished Romani neighbourhood Sulukule, which faced demolition, introduced a mode of urban activism consisting in the appropriation of organizational techniques and regimes of value and visibility of Istanbul's ‘creative city’ governance apparatuses. Repurposing place branding for a technique of networked self-organization and claiming brand value for the deprived neighbourhood, activist practices transfigured the place brand into the anti-brand and nonbrand as well as into tags, queries and addresses operating in digital space. This article analyses Sulukule's struggle – and its connections and disconnections to other struggles – to explore activism's potential to challenge stratifications and inequalities between people and places engendered by ‘creative city’ projects, which themselves are often implicated in exclusive urban transformation processes.     

Too sick to move: distant ‘crisis’ care in transnational families

This paper examines the crisis of acute and chronic illness, death, and dying in transnational families. These are the stages in the family life-course when physical co-presence is required to deliver hands-on care and intimate emotional support for the sick family member. It is a time when distant kin feel they need ‘to be there’, including for their own sense of well-being. This period of ‘crisis’ (in the anthropological sense) makes visible all of the impediments to transnational family caregiving that often remain hidden during those periods when ‘routine’ forms of distant care are adequate. Of particular relevance are the macro-level factors generated by national borders and the policies that define them, including those that govern employment, travel, visa, health, and aged care provisions. It is in these family life phases of crisis that nation-state structures can work to constrain individual agency and rights, making compellingly evident the growing need for transnational structures and policy. At issue are the largely invisible (in a policy sense) but increasingly common micro-level responses of family and individuals that characterize ‘crisis distant care’, which are characterized by the urgent need to visit and to intensify use of ICTs. The paper examines the experiences of migrants living in Australia who are trying to care for acutely unwell family members abroad.     

Food Sovereignty and the Recognition of New Rights for Peasants at the UN: A Critical Overview of La Via Campesina's Rights Claims over the Last 20 Years

Abstract

This article explores how human rights framing by the transnational agrarian movement La Via Campesina (LVC) has evolved over the last 20 years. It discusses how the movement has worked towards institutionalizing new categories of rights, such as the ‘right to food sovereignty’ and the ‘rights of peasants’, thereby contributing to the creation of new human rights standards at the United Nations (UN). It also critically addresses some of the challenges the movement has been confronted with when framing its demands in terms of rights. Its overall argument is that LVC has managed to tap the potential of the rhetoric of rights to find common ground, thanks to its innovative use of non-codified rights. This has enabled activists to ‘localize’ human rights and make them meaningful to their various contexts. However, it contends that further advancing the movement's goals will require serious consideration of some of the key limits of the human rights framework.     

The influence of donors on cross class social movements: same sex marriage and trans rights campaigns in New York State

ABSTRACT

New York State’s largest gay rights organization, the Empire State Pride Agenda (ESPA), won significant legislative victories, including the legalization of same sex marriage in 2011. Yet ESPA was never able to mount comparable efforts for its long-standing commitment to transgender rights before disbanding in 2015, despite the fact that marriage equality was less widely supported than transgender rights in ESPA’s own public opinion polling. In-depth interviews reveal that ESPA was constrained by the class and personal interests of its affluent major donors, mainly high-income gay white men. The organization’s abrupt closure provided an unusual opportunity to research the often secret topic of major donor influence, as frustrated former staff were willing to be frank in interviews. ESPA was only able to successfully campaign on issues that were especially compelling for these donors, and was forced to close when its legislative agenda diverged from their interests. This case suggests class interests and access to resources shape the causal impact of collective identities on social movement dynamics.