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Nele Noppe

Why PROTECT IP Will Fail: Cultural Acceptance, Not Fear Of Punishment, Makes People Abi... - 0 views

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    This new proposed law is a terrible way to try to solve [infringement]. Its passage would only drive the culture further yet from any respect for the rule of law as it applies to intellectual property. But if Big IP hasn't figured out yet that it is cultural acceptance of legal norms, not fear of punishment, that makes a free society a law-abiding one -- if Big IP doesn't understand what the de facto attitude of consumers regarding copyright has already become, and where it is already going -- then heck, maybe at this point the law professors and the rest of us should just let Congress already go ahead and give them enough rope.
    This is the key point that many of us have been trying to drive home for years. It's the same key point that the SSRC report made in pointing out that "enforcement" and "education" are simply not strategies that work. And that wasn't based on theory. It was based on years and years of detailed research. And yet, to the industry and to the government there seems to be only one single tool in the box for dealing with the challenges of infringement: to scare people. But that only works if people are stupid. And we now have plenty of experience in recognizing that people don't culturally accept the claims of the industry on this issue, and no amount of threats and punishment are likely to change that.
Nele Noppe

How Copyright Lobbyists Are Making The Child Porn Problem Worse | Techdirt - 0 views

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    But more emotionally, we turn to a German group named Mogis. It is a support group for adult people who were abused as children, and is the only one of its kind. They are very outspoken and adamant on the issue of censoring child pornography.
    Censorship hides the problem and causes more children to be abused, they say. Don't close your eyes, but see reality and act on it. As hard as it is to force oneself to be confronted emotionally with this statement, it is rationally understandable that a problem can't be addressed by hiding it. One of their slogans is "Crimes should be punished and not hidden".
    This puts the copyright industry's efforts in perspective. In this context they don't care in the slightest about children, only about their control over distribution channels. If you ever thought you knew cynical, this takes it to a whole new level.
    The conclusion is as unpleasant as it is inevitable. The copyright industry lobby is actively trying to hide egregious crimes against children, obviously not because they care about the children, but because the resulting censorship mechanism can be a benefit to their business if they manage to broaden the censorship in the next stage. All this in defense of their lucrative monopoly that starves the public of culture.
Nele Noppe

BBC NEWS | UK | England | Tyne | Man cleared over Girls Aloud blog - 0 views

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    A former civil servant who wrote an internet article imagining the kidnap and murder of the pop group Girls Aloud has been cleared of obscenity.Darryn Walker, 35, from South Tyneside, was charged after his blog appeared on a fantasy pornography site.
Nele Noppe

Project MUSE - Cinema Journal - Living in a Den of Thieves: Fan Video and Digital Chall... - 0 views

  • In particular, it commemorates the practices of online media fan communities: female-dominated networks that cohere around affective investments in media properties and that produce and share textual, visual, and video art that is based on "their" TV shows or films.
  • "den of thieves,"
  • For most vidders, valid fears of not being recognized as owning the product of their recombinatory labor—often, as in Russo's case studies, perceived as an undifferentiated feature of the online "public" domain—are of more concern than whether their disregard of copyright is likely to usher in new forms of digital ownership. Many valid arguments for the righteousness of Lim's artistic production leave intellectual property laws intact, insisting that the geek girl poses no threat. Putting transformed images to music [End Page 131] in a new order creates a new artwork worthy of recognition, and (as Hellekson outlines and De Kosnik challenges) Lim does not profit from her production. These arguments have been publicized by the Organization for Transformative Works (OTW), a non-profit organization of media fans who work for "a future in which all fannish works are recognized as legal and transformative and are accepted as a legitimate creative activity."4
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  • I am a member of OTW and support their advocacy unequivocally. But it seems essential to me to recognize that fans' appropriative art is not necessarily complicit with legal and economic structures as they stand. It is worth determining who defines the use as fair, and what it might mean to place a value on unfair uses.
  • What does appropriative art imply if we don't try to justify it within the terms of existing legal systems, but rather use its potential illegality to imaginatively liberate music and images from structures of corporate ownership?
  • den of thieves that nurtures "Us" and other artworks that are based on mainstream media properties for which "copyleft" licensing would be unimaginable.
  • Freedom is a slippery concept, especially when it comes to digital media. When we think about questions of copyright and digital ownership through cultural theft, freedom from domination lines up with freedom from having to pay—at least on the surface. Theft, piracy, and the commons are all concerned with getting things for free, and current configurations of online media and culture are hospitable to their insurrectionary modes of ownership.
  • In recent years, media producers have explicitly sought to solicit fan participation as labor for their profits in the form of user-generated content that helps build their brand. Many fans perceive these developments as a desirable legitimation of fan work, but they can also be understood as an inversion in the direction of fannish theft. Rather than fans stealing commodified culture to make works for their own purposes, capital steals their labor—as, we might consider, it stole ideas from the cultural commons and fenced them off in the first place—to add to its surplus.
  • transformation as an undercommons: an unofficial and transient space in which work simultaneously reproduces and undermines the structures that enable it.13 Fans mobilize for a purpose that is neither radically disruptive of, nor fully incorporated into, the media industry's systems of ownership, but simultaneously supports and undercuts them while producing a collectivity of its own. And that collectivity, while it holds the media properties up, steals from them: abusing the hospitality of those who own the servers, the ISPs, the copyright, and taking its productions more seriously than they intended.
Nele Noppe

Knock it off: Global treaty against media piracy won't work in Asia | Full Page - 0 views

  • That's because in Asia, "intellectual property" as we think of it is an alien concept, recently imported from the West and hastily transplanted with limited success at best.

    "It's almost like there's an institutional disrespect for copyright in Asia," says Seung Bak, cofounder of the video streaming startup DramaFever, which brings free, English-subtitled Asian television to U.S. audiences. "People feel like, 'If I can't touch it, why should I have to pay for it?'"

  • But Lam points out that things are fundamentally different now. For one, hardware used to be differentiated by where it was manufactured.
  • You have name-brand stuff and knockoff stuff being made side by side, maybe even coming off the same assembly line."
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  • Indeed, an entire consumer subculture has sprung up around counterfeit goods in China, what Chinese refer to as shanzhai or, literally, "mountain village" products (the name comes from the fact that, in ancient times, bandits would often build their redoubts in high passes, out of reach of the short arm of the law).

    Though its name suggests something remote and marginal, in reality shanzhai is now a mainstream phenomenon. It's estimated, for instance, that one of every five cellphones produced in China -- some 150 million devices -- are shanzhai.

  • One could argue that, by duplicating existing feature sets while striving to offer more, shanzhai may actually be driving innovation (of sorts), contrary to the argument made by those who suggest that without airtight and infinitely extended IP protection, there's no incentive for the development of groundbreaking new products and technologies.

    Of course, the truth is somewhere in between. Not all of the "innovations" of shanzhai products are particularly useful (one shanzhai Blackberry Pearl clone offers a built-in electric razor, for instance).

    But the knockoffs have certainly exerted downward pressure on price, forced major brands to compete on quality and service, as opposed to perceived prestige and appearance, and derailed artificial constraints imposed by manufacturers and governments that are ultimately harmful to consumers.

  • Which explains why, when Apple finally partnered with China Unicom to officially introduce the iPhone to the market earlier this month, the response was tepid at best: The official iPhone was crippled at launch (its WiFi connectivity disabled by government mandate), cost a cool grand and was locked to the Unicom network.

    "The rumor -- it's all water cooler gossip at this point -- is that they sold around 5,000 units in the first week," says Lam. "That's a shockingly low number. But you have to consider that anyone who's wanted an iPhone in China has been able to get one for years now, unlocked, fully functional, at a cheaper price. The 'official' launch is meaningless -- the unofficial launch happened so long ago that no one even cares."

    The estimated tally of grey-market iPhones in use in China? More than 1.5 million.

  • in today's frictionless global market it's harder to put barriers between consumers and the stuff they want. If something is available anywhere, people can get it everywhere.
  • Welcome to contemporary Korea, where a titanic digital public works program in the '90s resulted in 85 percent of the population having home broadband access that's faster than anything commercially available in the U.S.

    "What they think is normal in Seoul is vastly different from what we think is normal here -- the stuff we read about in Popular Science, they take for granted," says DramaFever's Seung Bak. "A show will air on TV, and 10 minutes later it'll be uploaded in HD quality to a sharing site where anyone can download it in about 10 seconds."

    So Korea can be thought of as something of a laboratory for the future of digital media, because it's just a matter of time before the rest of the world's bandwidth catches up.

  • Call it the can't-beat-'em, might-as-well-join-'em syndrome. Strict enforcement has prompted an endless game of whack-a-mole, with pirates moving on to new platforms as their old ones are shut down. But by giving filesharers and sharing platform operators incentives to offer legal, licensed services -- while ensuring that the user experience their audiences have been drawn to remains the same -- a solution emerges that might just allow everyone to benefit.
  • Two strokes of good fortune helped CrunchyRoll survive, both occurring in the fall of 2008. The first was the cable channel Cartoon Network's surprising decision to cancel its venerable Toonami programming block -- for years one of the most reliable sources of anime on broadcast television. The second was an unique deal the company was able to negotiate with TV Tokyo, the broadcaster that airs more anime than any other Japanese network.

    "TV Tokyo controls 40 percent of Japan's anime series, and we were able to get them to agree to let us put episodes of their shows up on our site within one hour of broadcast," says Gao. "Not even Hulu can do that. It effectively means that we're the 'first window' for content. And the reason they agreed is that they know we're growing their audience: We're getting them viewers they'd never be able to access on their own."

  • The deal prompted other broadcasters to fall in line. Now, CrunchyRoll simulcasts English-subtitled editions of 20 out of the 40 anime programs currently on the air in Japan. Free programming is bookended with advertising; a premium option costing as little as $5 a month eliminates the ads, provides access to high-definition content and subscriber-only programming, and puts a little premium member badge on a user's profile.

    "That's more important than you'd think," says Gao. "One of the things we realized early on was that CrunchyRoll isn't just a video sharing site, it's a social network for fans of Japanese animation. The little badge is social proof that you're a real supporter of the site."

  • That partnership between content provider and consumer is exactly what's missing in the Western world's debate over intellectual property, where movie studios and record labels talk about their customers as potential criminals. In Asia, media companies have a much closer and more interactive relationship with fans, treating them as partners in evangelizing their products -- even when that means blurring the lines of copyright restrictions.
  • "They realize these unauthorized spinoffs help to build the fandom, and ultimately drive sales of the original," she says.
  • "Japanese tend to resolve things in extralegal fashion, whereas in the U.S., Disney will send out a whole battalion of lawyers," notes manga historian Fred Schodt. "It's not an exaggeration to say that much of the current state of U.S. copyright law has come about due to Disney's efforts to keep Mickey Mouse from falling into the public domain."
Nele Noppe

Project MUSE - Cinema Journal - Should Fan Fiction Be Free? - 0 views

  • This situation deserves scrutiny, especially because fan fiction is becoming [End Page 118] increasingly visible to non-initiates through major media outlets in the United States and the United Kingdom, indicating that the genre is moving away from the margins of American and British culture
  • The mainstreaming of an alternative form of cultural production is nearly always synonymous with commercialization;
  • Over the past decades of sharing their transformative works, fan fiction readers and writers have generally felt wary of commodifying a form of cultural production that is essentially derivative and perhaps subject to copyright infringement lawsuits.
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  • Digital appropriation artists have developed a number of monetization models: royalties, distribution agreements, reasonably priced licenses that permit remix practitioners to sell their appropriations legally, and small-scale compensation intended only to reimburse remixers for their outlay. Although fan filmmakers and game modders have experimented with these models, fan fiction writers have not conducted similar experiments in marketing their works.
  • Fanfic authors who think that selling appropriative art is always and absolutely against the law are mistaken. No such case law exists, and many appropriating artists make money from their work today without constantly encountering legal trouble.
  • Why, then, do fic writers resist earning income from their output? Many scholars of fan studies claim that fan fiction is, and must remain, free—that is, "free of charge," but also "free of the social controls that monetization would likely impose on it"—because it is inherently a gift culture, as Hellekson describes in this issue. In fact, even the fan organization, the Organization of Transformative Works, one of whose goals is to redefine fan works as transformative and therefore legal, states: "The mission of the OTW is first and foremost to protect the fan creators who work purely for love and share their works for free within the fannish gift economy."
  • Therefore, writing fan fiction for personal gain—financial, psychological, or emotional—aligns with the fact that self-enrichment is already inherently an important motivation for women to produce and consume fanfic. For some women, belonging to an affinity group or discussing stories with fellow writers and readers is not the primary reason for engaging with this type of fiction.
  • The rewards of participating in a commercial market for this genre might be just as attractive as the rewards of participating in a community's gift culture; and the existence of commercial markets for goods does not typically eliminate parallel gift economies.
  • If fans successfully professionalize and monetize fan fiction, the amateur culture of fic writing will not disappear.
  • Although fans have legitimate anxieties about fan fiction being corrupted or deformed by its entry into the commercial sphere, I argue that there is far greater danger of this happening if fan fiction is not commodified by its own producers, but by parties foreign to fandom who do not understand why or for whom the genre works, and who will promote it for purposes it is unsuited for, ignoring the aspects that make it attractive and dear to its readers.
  • However, an even greater danger than this is that fan fiction may not be monetized at all, in which case no one, particularly women authors, will earn the financial rewards of fanfic's growing popularity. Only the corporate owners of the media properties that fic authors so creatively elaborate on will see economic gain from these writers' volunteer work.
  • if women can formulate a model for the monetization of their artworks, the gap will be narrowed.
  • In the absence of such experimentation, women writing fanfic for free today risk institutionalizing a lack of compensation for all women that practice this art in the future. Woolf asked of her forebears, "What had our mothers been doing then that they had no wealth to leave us?" Will our generation answer that we have been giving our talents away as gifts, rather than insisting on the worth of our work?
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Nele Noppe

Excludability - Wikipedia, the free encyclopedia - 0 views

  • In economics, a good or service is said to be excludable when it is possible to prevent people who have not paid for it from having access to it, and non-excludable when it is not possible to do so.
  • An architecturally pleasing building, such as Tower Bridge, creates an aesthetic non-excludable good, which can be enjoyed by anyone who happens to look at it. It is difficult to prevent people from gaining this benefit (although people have tried, by forbidding amateurs from taking photographs of certain sites [1]).
  • The ease and availability of file sharing technology has made many forms of information, especially music, films and ebooks non-excludable, often to the disagreement of the content producers.
Nele Noppe

Rivalry (economics) - Wikipedia, the free encyclopedia - 0 views

  • In economics, a good is considered either rivalrous (rival) or nonrival. Rival goods are goods whose consumption by one consumer prevents simultaneous consumption by other consumers[1]
  • Most goods, both durable and nondurable, are rival goods.
  • A hammer is a durable rival good. One person's use of the hammer presents a significant barrier to others who desire to use that hammer at the same time. However, the first user does not "use up" the hammer, meaning that some rival goods can still be shared through time. An apple is a nondurable rival good: once an apple is eaten, it is "used up" and can no longer be eaten by others. Non-tangible goods can also be rivalrous. Examples include the ownership of radio spectrums and domain names. In more general terms, almost all private goods are rivalrous.
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  • Most examples of nonrival goods are intangible.
  • More generally, most intellectual property is nonrival.
  • Goods that are both nonrival and non-excludable are called public goods.
  • generally accepted by mainstream economists that the market mechanism will not provide public goods, so these goods have to be produced by other means, including government provision.
Nele Noppe

Repackaging fan culture: The regifting economy of ancillary content models | Scott | Tr... - 1 views

  • n particular, recent work on online gift economies has acknowledged the inability to engage with gift economies and commodity culture as disparate systems, as commodity culture begins selectively appropriating the gift economy's ethos for its own economic gain.
  • My concern, as fans and acafans continue to vigorously debate the importance or continued viability of fandom's gift economy and focus on flagrant instances of the industry's attempt to co-opt fandom, is that the subtler attempts to replicate fannish gift economies aren't being met with an equivalent volume of discussion or scrutiny.
  • There are a number of important reasons why fandom (and those who study it) continue to construct gift and commercial models as discrete economic spheres. This strategic definition of fandom as a gift economy serves as a defensive front to impede encroaching industrial factions. H
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  • at the heart of this anticommercial requirement of fan works is fans' fear that they will be sued by producers of content for copyright violation"
  • Thus, there is both a legal and social imperative to view fandom as transforming the objects of commodity culture into gifts, a transformative process "where value gets transformed into worth, where what has a price becomes priceless, where economic investment gives way to sentimental investment" (Jenkins et al. 2009b), and where bonds of community are formed and strengthened.
  • For other scholars, who foresee the commercialization of fandom's gift economy as an alternately unnerving and empowering inevitability, the possibility of fans monetizing their own modes of production is posed as an alternate form of preemptive "protection."
  • though monetizing fan practice to preserve the underlying ideals of fandom's gift economy might seem counterintuitive,
  • Richard Barbrook, reflecting back on his 1998 essay "The Hi-Tech Gift Economy" in 2005, acknowledges that constructing commodity culture and gift economies in binary terms is problematic.
  • commodity economies and gift economies are always already enmeshed,
  • Although De Kosnik asserts that "the existence of commercial markets for goods does not typically eliminate parallel gift economies"
  • Media producers, primarily through the lure of "gifted" ancillary content aimed at fans through official Web sites, are rapidly perfecting a mixed economy that obscures its commercial imperatives through a calculated adoption of fandom's gift economy, its sense of community, and the promise of participation.
  • The regifting economy that is emerging, I argue, is the result of the industry's careful cultivation of a parallel fan space alongside grassroots formations of fandom.
  • regifting economy is meant to synthesize the negative social connotations tied to the practice of regifting with a brief analysis of why acafans and existing fan communities should be aware and critical of these planned communities and their purpose as a site of initiation for the next generation of fans.
  • Henry Jenkins and others (2009a), adopting the term moral economy from social historian E. P. Thompson and questioning its applicability to the exchange of digital media, state that the moral economy is "governed by an implicit set of understandings about what is 'right' or 'legitimate' for each player to do."
  • the social stigmas attached to regifting are rooted in the act's inherent subterfuge, breaking the rules of the moral economy by masking something old as something new, something unwanted as desirable. If "the cardinal difference between gift and commodity exchange [is] that a gift establishes a feeling-bond between two people" (Hyde 1983:57), then "we cannot really become bound to those who give us false gifts" (70).
  • This construction of men as agents of capitalism with no understanding of the (frequently feminized) gift economy or its functioning continues to be evoked in anxieties surrounding the masculine/corporate exploitation of female fan communities and their texts.
  • media producers pushing these ancillary content models as the "white man keepers" of online fan culture who have failed to understand that it is the reciprocity and free circulation of fan works within female fan communities that identifies them as communities.
  • restricting the circulation o
  • its unrestricted movement.
  • Positioned precariously between official/commercial transmedia storytelling systems (Jenkins 2006:93–130) and the unofficial/gifted exchange of texts within fandom, ancillary content models downplay their commercial infrastructure by adopting the guise of a gift economy, vocally claiming that their goal is simply to give fans more—more "free" content, more access to the show's creative team. The rhetoric of gifting that accompanies ancillary content models, and the accompanying drive to create a community founded on this "gifted" content, is arguably more concerned with creating alternative revenue streams for the failing commercial model of television than it is with fostering a fan community or encouraging fan practices.
  • By regifting a version of participatory fan culture to a general audience unfamiliar with fandom's gift economy, these planned communities attempt to repackage fan culture, masking something old as something new
  • Although it could be argued that fandom also polices its boundaries and subjects, its motivations for doing so are ultimately about protecting, rather than controlling, the ideological diversity of fannish responses to the text. As Hellekson (2009) notes, "learning how to engage [with fandom and its gift economy] is part of the initiation, the us versus them, the fan versus the nonfan."
  • Although fandom responds to its own mainstreaming within convergence culture by fortifying its borders and rites of initiation, ancillary content models are opening their doors to casual viewers unfamiliar with what fandom has historically valued and how it functions
  • Whether or not ancillary content models are being actively deployed as a device to rein in and control fandom, they are serving as a potential gateway to fandom for mainstream audiences, and they are pointedly offering a warped version of fandom's gift economy that equates consumption and canonical mastery with community.
  • As this example suggests, ancillary content models offer few incentives for fans already enmeshed in grassroots creative fan communities to contribute, and there is consequently less opportunity for participants to be exposed to and initiated into those fan communities.
  • More frequently than not, fannish participation is restricted to enunciative forms of fan production (Fiske 1992:38), such as posting to message boards and the collaborative construction of the show's wiki.
  • The result, according to Kristina Busse (2006), is that "certain groups of fans can become legit if and only if they follow certain ideas, don't become too rebellious, too pornographic, don't read too much against the grain."
  • Perhaps one of the central reasons why fans continue to cast a wary eye at these planned communities and their construction of a "legitimate" fandom is because they recognize the gifts being given mass audiences as their own.
  • spectacular case that potentially overshadows more covert examples.
  • male fans have historically sought professional status or financial compensation for their creative works more frequently than their female counterparts
  • media producers shape their definition of an ideal fandom, it is increasingly one that is defined as fanboy specific, or one that teaches its users to consume and create in a fanboyish manner by acknowledging some genres of fan production and obscuring others.
  • ancillary content models
  • Given the long, gendered history of fan communities and their relationship with producers, and the frequent alignment of gift economies with "feminine" forms of social exchange
Nele Noppe

Gift economy - Wikipedia, the free encyclopedia - 0 views

  • Information is particularly suited to gift economies, as information is a nonrival good and can be gifted at practically no cost.[18][19]
  • Traditional scientific research can be thought of as an information gift economy. Scientists produce research papers and give them away through journals and conferences.
  • In his essay "Homesteading the Noosphere", noted computer programmer Eric S. Raymond opined that open-source software developers have created "a 'gift culture' in which participants compete for prestige by giving time, energy, and creativity away".[22]
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  • According to Lewis Hyde, a traditional gift economy is based on "the obligation to give, the obligation to accept, and the obligation to reciprocate," and that it is "at once economic, juridical, moral, aesthetic, religious, and mythological."[25] He describes the spirit of a gift economy (and its contrast to a market economy) as:[26]

    The opposite of "Indian giver" would be something like "white man keeper"... [W]hatever we have been given is supposed to be given away not kept. Or, if it is kept, something of similar value should move in its stead... [T]he gift may be given back to its original donor, but this is not essential... The only essential is this: the gift must always move.
  • Sociologist Marcel Mauss argues a different position, that gifts entail obligation and are never 'free'. According to Mauss, while it is easy to romanticize a gift economy, humans do not always wish to be enmeshed in a web of obligation.
  • We like to be able to go to the corner store, buy a can of soup, and not have to let the store clerk into our affairs or vice versa. We like to travel on an airplane without worrying about whether we would personally get along with the pilot. A gift creates a "feeling bond." Commodity exchange does not.[34]
Nele Noppe

Rebecca Tushnet's 43(B)log: How do you get to Carnegie Hall? - 1 views

  • Look, I get the idea that there is One True Standard of aesthetic goodness. What I don’t get is the further conclusion that if we only got rid of the dreck we’d have more of the good stuff. I guess it’s yet another expression of the romantic idea that Art comes out of nowhere, rather than in reaction to the creator’s surroundings.
Nele Noppe

Big Content's depraved indifference - Boing Boing - 0 views

  • But they are indifferent to the point of depravity to the totalitarian, censorious and restrictive consequences of DRM, filters and liability.

    They aren't moustache-twirling supervillains. They're greedy, blinkered provincials and hypercompetitive macho bullies who are unwilling to look past the short-term benefits to the consequences. They think only of how things will work, not how they'll fail.

  • But they're a distant second to a rearchitecting of our law and technology to create the preconditions for repression, corruption and suppression of dissent.

  • Or will we allow a small gang of selfish and short-sighted entertainment companies to fatally compromise the infrastructure of the 21st century to add a few points to its bottom line?

Nele Noppe

The right of making available - 0 views

  • The concept of open source, as with intellectual property generally, is based on the fact that my possession of a copy of a program doesn't interfere with your possession of a copy of the same program.
  • The general term for that is "nonrivalrous,"
  • Who is supposed to be doing the open sourcing here? For those of us who aren't Cylons, there aren't many copies. Bodies are rivalrous
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  • Open source is a great idea, but it's always important to ask who's supposed to be providing the free stuff. As I've said elsewhere, when you start to compare fields that get intellectual property protection (software, sculpture) with fields that don’t (fashion, cooking, sewing), it becomes uncomfortably obvious that our cultural policy has expected women’s endeavors to generate surplus creativity but has assumed that men’s endeavors require compensation,
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