1. Urban Preservation - I felt this story did a good job of integrating various multimedia components. The text was well suited to online storytelling, including a text description of a walk (with accompanying photos) and transcribed interviews that weren’t too lengthy. I also gave Eileen a few other minor suggestions after class on Friday.

2. Mental Health - This story has three components that work well together: one individual’s story, an essay-style piece that highlights the significance of the story and problems, and another piece that encompasses possible solutions to the problem.

3. Homosexuality - The text in this story presents an introduction to the issue of homosexuality and introduces the speakers in several audio interviews. I suggested adding a few more concrete examples of gay issues in Hong Kong, such as the court ruling from last year, or some information about the gay rights groups in Hong Kong and what they do. I also suggested adding some text captions to the photos, or descriptions alongside the images.

4. The Elderly - This story is told primarily as a photo essay, so the text serves to introduce the main photo portion. The photos were so intriguing, that it made me want to know more about the people in the photos from a text perspective. I suggested adding a bit more information in the last paragraph to introduce the people and the photos of them. For example, providing a teaser about the contents, what types of people will be seen. I was also curious about the motivations and processes behind the essay, such as when the photos were taken, where, and whether Ann knows any of the people featured or whether they were all strangers.

I’ve refined my sub-topics on Hong Kong’s cultural policy into the following categories:

1) Cultural Policy 10 Years After the Handover - This section will provide an overview of the different institutions that have emerged to direct cultural policy since the handover, along with assessments of their relative success.

2) Non-Profits in the Arts: Creating a Civil Society for Culture in Hong Kong - This section will introduce the main non-profit arts organizations in Hong Kong, with particular emphasis on the Para/Site Art Space, whose curator I have interviewed.

3) Dream Deferred: The West Kowloon Cultural District - This section will trace the troubled history of the failed West Kowloon Cultural District Project and discuss where Hong Kong now stands on creating more institutions for the arts.

4) Hong Kong and Mainland China: An Uneasy Search for Identity - This section will review the formal structures that exist for arts exchanges between Hong Kong and mainland China and explore the level of interaction between Hong Kong and the mainland. (This topic may also be integrated with one of the other sections).

5) The Spectacle of Reunification: The Handover Anniversary Celebrations - This section will review the celebration plans for the 10th anniversary of the handover (particularly with respect to arts and culture events) and compare these with the events that commemorated the 1997 handover.

Audio

This week I interviewed Tobias Berger, curator of the Para/Site Art Space. On Saturday I will interview artist/filmmaker Robert Iolini, who is a visiting scholar-in-residence here at HKU for the 2006-2007 academic year.

I have also requested meetings with a manager at the Arts Development Council and with the director of HKU’s Cultural Policy Research Centre. Hopefully at least one of these will pan out by early next week.

Photos

I’ve selected, cropped and resized about half a dozen photos to illustrate my project.

Hyperlinks and References

I’ve compiled the list of websites and references for further research on Hong Kong’s cultural policy. I plan on dividing the list of websites into several categories, such as government institutions, non-profits in the arts, galleries, performance and exhibition venues, research organizations, and blogs.

The JMSC hosted a seminar Thursday on Hong Kong’s copyright reform in the digital age. Peter K. Yu of Michigan State University College of Law gave a presentation, which was followed by comments from Charles Mok, Chairman of the Internet Society of Hong Kong. JMSC professor Doreen Weisenhaus moderated.

The focus of the seminar was the Hong Kong government’s ongoing consultation on “Copyright Protection in the Digital Environment,” which seeks to address the challenges to copyright holders brought about by the internet and new technologies. Professor Yu kicked things off with a selection of clips from YouTube: a Voltron episode, a spoof of Bush and Blair, and movie mashup called “Brokeback to the Future.” Although the mood while viewing these clips was lighthearted, Yu noted that there are critical issues of whether we should be able to sample copyrighted material to create transformative works.

Yu discussed four main issues from the copyright consultation documents: 1) criminal enforcement of copyright law; 2) safe harbour provisions for ISPs; 3) subpoenas; and, 4) statutory damages for copyright infringement. Below I’ve summarized his comments on these topics.

1) Criminal enforcement

Although criminal enforcement of copyright law is quite effective as a deterrent, it has a number of drawbacks that must be considered carefully. These include punishments that are disproportionate to the offenses committed, selective enforcement (leading to claims of unfair enforcement), and the potential to criminalize a large number of people for minor copyright infringements.

Copyright infringement is not like other types of property theft because an infringed copyright work can still be used by others. In addition, the boundaries of copyrights may be difficult to understand in the context of exception-granting doctrines such as fair use and first sale, and the actual harm to copyright holders may be difficult to determine, since in practice many copyright infringers are unable or unwilling to pay for the use of copyrighted material.

These challenges make criminal enforcement difficult, so it may be best to avoid it except in cases where there is a clear economic benefit to the infringers. There may also need to be a willfulness requirement for infringement, as exists in the United States and other countries, with the burden on the copyright holder to show a lack of good faith by the infringer.

2) ISP safe harbour

Yu took the US Copyright Act Section 512 (known as the Digital Millenium Copyright Act) as a point of reference for a potential ISP safe harbor in Hong Kong. Safe harbor provisions should be encouraged because ISPs and their deep pockets are natural targets for copyright holders, and we should not sacrifice the development of the internet and technology investment to protect copyright holders. It is also unfair to prosecute ISPs for copyright infringement if they have no control over the material in their systems, and copyright holders should share liability for their own failure to sufficiently protect their interests.

However, safe harbor provisions may encourage ISPs to take down material that is not infringing and may be subject to abuse by people or companies that seek to silence their critics or competitors. In addition, copyright holders may be overzealous in demanding that ISPs take down material that they have mistakenly identified as infringing.

Yu recommends several safeguards to prevent such abuses: 1) a put-back provision to counteract the effects of improper takedown requests; 2) a provision granting the right to sue for misrepresentations (which should trump prior waivers of the right in the ISP user agreements); and 3) some sort of fast-track remedy procedure. Takedowns should also be noted in public records, and Hong Kong’s law faculties should be encouraged to establish legal clinics to deal with copyright issues.

3) Subpoenas

Under section 512(h) of the US Copyright Act, there is a streamlined provision for copyright holders to obtain subpoenas to force ISPs to provide user information. This procedure is much less costly than filing a lawsuit, but it implicates privacy concerns because anyone could be a copyright holder, and hence anyone could request a subpoena under this provision. The subpoena power also raises concerns over free speech and the potential for chilling effects and could create opportunities for blackmailers and stalkers.

4) Statutory damages

According to Yu, statutory damages are important because they lead to more serious lawsuit threats – “threats on steroids”—which could encourage large but unwarranted settlements. Statutory damages are especially problematic with regard to private copying by individuals where there is no commercial use.

In summation, Yu mentioned a variety of alternatives to copyright reform, including mass licensing (think iTunes), compulsory licensing (by added levies on hardware), voluntary licensing, voluntary contributions, technological protections (i.e. digital rights management), online arbitration, and alternative models (such as patronage or sales of ancillary products). Reform is only one of eight proposals, said Yu, who closed with a video clip of a young American student who was arrested for online downloading. Is this the kind of copyright regime, the kind of society we want in the future?, asked Yu.

Mok followed up with a series of criticisms towards the Hong Kong government’s handling of copyright reform and consultation. Mok said that the government should list all of the options for reform, including Creative Commons, and that it should accept that the nature of copyright has changed a great deal along with user behavior. Contrary to the government’s position, too much intellectual property protection will have a negative impact on creative industries, said Mok.

Weisenhaus closed the seminar with a reminder for all of us to participate in the public consultation process by submitting our view to the government by April 30. You may submit your views online to the Commerce, Industry and Technology Bureau at co_review@citb.gov.hk

Graphics - I’m thinking that it may be useful to prepare a timeline showing events in terms of Hong Kong’s policies towards the arts, and it may also be useful to incorporate a calendar of upcoming cultural events planned for the handover.

Photos – I’ve been photographing Hong Kong’s main arts venues, such as museums and performance spaces, as well as some art events, such as ArtWalk. I am also looking for additional photographs of arts events in Hong Kong for which I may be able to obtain copyright permissions.

Interviews – I’ve requested an interview with someone from the HKU Center for Cultural Policy Research, and I’ve arranged to interview the curator from an independent arts organization, Para/Site Art Space next week. I also plan to look for a young artist to interview, possibly a student-artist at the Hong Kong Academy for Performing Arts or a member of the public with some interest in these issues, or a foreign filmmaker who’s doing a scholarly residence in Hong Kong.

Design – In looking for inspiration for my project design, I was impressed by National Gallery of Art’s online tours. The main page of this section is very simple and well organized. Although some of the online tours are very sophisticated in terms of design, others, such as the exploration of ten American art themes, utilizing relatively simple components, such as text essays, images and glossaries to present information in a highly informative way. Clicking on a hyperlink of a name or term in this tour allows a small window to pop-up with a brief definition and image, which keeps the reader from losing focus on the text of the essay.

Perhaps because it’s what I am most used to, I tend to heavily favor the site design of the New York Times’ sections. Taking the Arts section as an example, it features a lead story, with a larger headline and larger photo, several mid-level stories (some with smaller photos), and further down, articles arranged according to subdivisions within the main arts category. Certain multimedia elements, such as audio clips and charts, are linked unobtrusively below the stories to which they refer, while video, blogs and podcasts have their own section about two-thirds of the way down the page.

Because my project deals primarily with ideas and policies, I think it will probably be best served by a static text-dominant approach, with a number of hyperlinks pointing to outside sources, with some photos and possibly interviews as well, to create a more interactive experience for the reader.

Text/Photo

As both Foust and McAdams point out, it is often difficult to read long portions of text online, so I would follow their suggestions to write in shorter chunks, breaking my project down into a series of short “issue” pieces. Each piece could be accompanied by one or two independent photos or other graphics (maps, charts, etc.) to illustrate the main ideas of the text.

I may break down the text by different subject categories within the arts: film, visual arts, dance, theater, and music. I would then examine the impact of Hong Kong’s arts policies and the influence of mainland China within each of these areas.

In terms of layout and design, I prefer a simple, straightforward look (no flashing graphics or surprise pop-ups, please). This would reflect my personal taste and create a site that is easy to navigate.

Audio

It may be useful to have some audio clips of interviews with relevant people involved in Hong Kong’s arts scene, such as a gallery owner or museum curator, artists, a festival organizer and/or policymakers. In developing audio, I would want to focus on a few interesting voices who can add a unique perspective. In using audio, I will be interested to see whether, as suggested by Storm, I will obtain more intimate commentary than by using video.

Video

At present, I don’t plan to incorporate video. Although it would be nice to include some relevant clips of interesting performances around Hong Kong, I might run into copyright problems with using such footage. Apart from performance clips, I don’t think video would contribute much more to the project, as I’ll be concerned more with the relatively stable issues of arts, policy and cultural identity. Video would be more suitable to dramatic stories, particularly those that involve interesting characters.

Interaction

In terms of interactivity, I am happy to allow comments and will link to bloggers who write on similar topics. A resource page may be especially useful in pulling together the various sources and references for further reading, as well as to provide a better picture of the arts and culture in Hong Kong by including links to relevant websites. Since the project will appear on a class website, other students should also be allowed to contribute to the project, adding their text, images and other media.

For her final project, Eileen is focusing on the preservation of Hong Kong’s built heritage and how consciousness of this heritage has developed over the last ten years.

Eileen is particularly interested in the changes taking place around Hong Kong Island’s Central district and the area known as Soho (South of Hollywood Road), which has been transformed since the opening of the Mid-levels Escalator in 1992.

For decades, Soho was a quiet residential area inhabited mainly by local Hong Kongers, while expatriates tended to congregate in luxury homes in the higher altitudes of Robinson Road, Conduit Road and the like. Since the opening of the escalator, a flurry of cafes, restaurants, boutiques and bars have sprung up around Staunton Street and Elgin Street. This has given the area a more European feel and made it more attractive for expats to live there.

Developers have sought to capitalize on the interest in the area by building luxury high-rises closer to these popular streets. However, this may have the effect of destroying the charm of the area and increasing its traffic and congestion. Many fear that the area will become a soulless complex of apartment blocks and shopping centers, as much of the rest of Hong Kong appears, but now some residents are fighting back against the latest moves by the government and developers.

Eileen lives nearby and has witnessed firsthand the uproar over conservation versus development. In this podcast, she discusses some of the recent controversies.

eileen-podcast-edit-final.mp3

HK Street Markets - Here Today, Gone Tomorrow?

This is Hong Kong ArtWalk 2007.

The Hong Kong ArtWalk recently wrapped up its seventh successful year. ArtWalk in Hong Kong is an annual event organized by the the Hong Kong Commercial Art Galleries Association (HKCAGA) and it’s billed as the city’s largest art charity event. The regular admission price is not cheap (over HKD400), but it is for charity, and students tickets are heavily discounted.

This year, 50 galleries around Hong Kong island stayed open late into the evening to host the crowds of art-walkers. Food is provided by a number of sponsoring restaurants and the wine flows freely until midnight. Some galleries got so full that crowd control measures had to be implemented.

Most of the galleries feature a profusion of works by both established and up and coming mainland artists, whose work tends to prominently feature communist iconography, such as the red Mao-suited fellows above.

But some people have had enough with these images. My friend was horrified by those depressing pandas seen in the background above, and I overheard another gallery-goer say, “enough with all this Mao ****” .

Beijing, 10 March 2007

Photo courtesy of Elyse Ribbons. Copyright 2007 © Elyse Ribbons.

Just a few days later, Beijing hosted its inaugural ArtWALK in the Dashanzi/798 art district. The area is so large that it has its own map, and it would take much more than an evening to see all the galleries and studios there.

Unlike Hong Kong’s ArtWalk, which is a fundraising event, the Beijing ArtWALK is aimed at encouraging arts appreciation among the public, so it is free and open to all. The plan is to make it a monthly event that will rotate among the various art districts of the city.

I wasn’t there to check it out, but I saw some posters advertising the event when I visited last week, so I followed up with some online research when I got back to HK.

Photo courtesy of Elyse Ribbons. Copyright 2007 © Elyse Ribbons.

It looks like a somewhat artsier, less professional crowd than at HK’s ArtWalk (note blue hair in foreground), but that’s to be expected with free food, wine and entertainment.

The event seems to be organized by a group of resident art lovers, rather than by a formal organization, so the crowd probably reflects this fact as well.

Photo courtesy of Elyse Ribbons. Copyright 2007 © Elyse Ribbons.

It appears that the Beijing ArtWALK also tries to educate its attendees with lectures and discussions. A place to sit is also a welcome relief after hours of gallery-hopping.

Like Heavens, the thought of licenses didn’t cross my mind when I started posting photos on flickr. Before flickr, my point of reference for photo-sharing was ofoto. Since ofoto required an invitation from a friend to view individual sets of photos, it didn’t implicate copyright concerns in the same way that the more public photo sites like flickr do.

Heavens points out that flickr can be a tool for individuals to participate in the news gathering process by providing access to a vast photo library. However, like the written word, images can also be tampered with, raising familiar concerns over verification. I would be very hesitant to use photos found on flickr in my news gathering if I didn’t already know the photographer and his or her reputation, or unless I already knew the subject matter was authentic. As far as copyrights are concerned, I will take care to note the licensing provisions in any photos I might use going forward. I’ve already started doing this by requesting permission from another flickr member to use a couple of her photos for my essay. Previously, I may just have borrowed the images without thinking of the copyright and attribution issues.

I’m not sure that the new approaches to copyright described by Heavens and Lessig will change my work as a journalist, apart from giving me more control in my capacity as an individual blogger or freelancer. As far as working for a news organization, I expect that my employer will take most, if not all, rights to the work produced in the course of employment, so I don’t foresee any major effects in that respect. At the same time, copyright law must adapt to the reality of new technologies.

Lessig shows how proponents of new technologies have exploited legal gaps to profit from new technologies that facilitate the delivery of content. Stakeholders in the existing copyright regime have battled to extend their legal rights against new developments, such as file sharing, or peer-to-peer technology. Creative Commons licensing presents an attractive alternative to the doom-and-gloom scenarios projected by developing and advocating a “reasonable layer of copyright.”

Addendum on Foust: Chapter 10 of Foust’s Online Journalism: Principles and Practices of News on the Web freaked me out a bit, particularly the section on linking. I hadn’t imagined that the natural urge to link in a free associative manner could be so fraught with peril.

But I also wonder how up to date this material is. For example, I don’t recall ever hearing concerns over deep linking– “the practice of bypassing a Web site’s home page or other introductory material by linking to a page ‘deep’ within the site’s structure” (Foust p. 226)– particularly now that Google, del.icio.us, and news readers have become so prevalent. One could argue that inline linking is a form of fair use, while framing has been adopted by mainstream sites such as Yahoo! (much to my annoyance!).

What’s left is that the rules of this game are changing rapidly, and rather than simply follow what we’re told, we now increasingly have the ability to influence the outcomes of the future intellectual property landscape with our online behavior.