Tag Archives: Remixing

Free Media as Free Speech

26 Apr

by Desiree D’Alessandro, MFA student at the University of California at Santa Barbara (UCSB)

(The following article has been recontextualized from a lecture presented by D’Alessandro at the 2010 Open Video Conference auditorium, held at the Fashion Institute of Technology, NYC,.Oct 1 – 2, 2010)

I offer perspective as an academic, artist, and emergent Fair-Use activist and will give you further insight into what happened to me when I was charged with a first-time Digital Millennium Copyright Act violation at UCSB. Keeping in mind that the University offered me no institutional support or aid in defense, I am going to discuss the situation from a personal and activist perspective in regards to how many universities are stifling creativity and obstructing potential through network policing.

I come from a background of digital media practices and for the last two years, I have taken a particular interest in Remix and YouTube. My online Remix portfolio (desiree-dalessandro.com) demonstrates the critical and humorous nature of my practice and my history of exercising Fair-Use prior to the DMCA allegation. I am here to discuss how acquiring and utilizing copyrighted source materials for creating Remix Videos is deemed an “offense” by UCSB and partner campuses, that violates their Internet Terms of Services.

Remix Videos utilize a wide array of appropriated source material to reconstruct and recontextualize new messages. Obviously, in order to gather the sources to make this product, I did what any digitally savvy artist in the 21st century would do. I turned to the Internet and torrent applications. However, I awoke one morning to discover that my Internet had been disconnected and my new default homepage read in giant-block letters: “THIS DEVICE HAS BEEN BLOCKED DUE TO A DMCA VIOLATION.”

I immediately contacted my campus DMCA agent to articulate my creative practice in order to appeal the accusation, clear the air, and lift the ban that I felt was wrongfully placed on my computer. However, to my surprise, the conversations that developed turned into a hostile bureaucratic nightmare.

I explained my history of generating Remix Videos and my reasons for downloading content as source materials in exercising Fair Use. I was informed this did not matter. When I told them I had numerous faculty members ready to write letters of support and attest for the legitimacy of my work, I was still informed it did not matter. In the eyes of the UC System, I was stock-guilty and there was no opportunity for justification.

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