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So, what exactly is framing? It is a process where one site doesn’t display only another site’s video or photograph (as happens with embedding), but displays the entirety of that third-party site. Generally, when you surf on over to a particular website, you are seeing a display that results from the data that that website proprietor created and stored on its computer. But, if the website proprietor wants to engage in some legal hijinks, it can write code that directs your computer, upon visiting its site, to display content from someone else’s website as if were the proprietor’s. So, when you punch in www.kwazycontent.com and are surprised when the page loads and you see within that site’s display the splash page from CNN or National Geographic or wherever — you’ve been framed.

The technique, which includes directing viewers’ browsers to view third-party content, is wildly illegal for rather lucid reasons. As Judge Boyle deftly noted, the process engaged in by the infringer “impermissibly displayed the works to the public[]” in violation of Section 106(5) of the Copyright Act. In doing so, the infringer, who wanted for its own reasons to post the creator’s content, which consisted of material about bikes and team-building and where the twain meet, “displayed [the creator’s] content as if it were its own.” Thus, infringement.

In defense, and per what is becoming a tired routine, the infringers booted up Perfect 10, Inc. v. Amazon.com, Inc ., 508 F.3d 1146 (9th Cir. 2007), a favorite case amongst copyright infringers. It is so favored due to now archaic language that infringers argue makes “actual possession of a copy a necessary condition to violating a copyright owner’s exclusive right to display her copyrighted work.” Judge Boyle states expressly that she would disagree with this proposition if it is a proposition at all.

In the end, the court kicks the framing argument to the curb, noting that the Copyright Act makes it clear that “to display a work publicly, a person need only transmit or communicate a display to the public.” And, framed or not, a website’s post of third-party content is most certainly a display to the public.

Scott Alan Burroughs, Esq. practices with OffWhite industrial tape Tshirt Best Seller Online 7M93vu
, an art law firm based in Venice, California. He represents artists and content creators of all stripes and writes and speaks regularly on copyright issues. He can be reached at scott@copyrightLA.com , and you can follow his law firm on Instagram: @veniceartlaw .

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Browse: / / March / / Pictorial Address and Seriality in Art

Pictorial Address and Seriality in Art

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Jason Kass recenlty completed his PhD at Winchester School of Art. The title of his thesis is ‘Cognitive Aspects of Pictorial A ddress and Seriality in Art: A Practice-led Investigation’. In this post he offers an overview ofthe nature and scope of hisresearch.

Jason Kass

My doctoral research explored the perceptual and cognitive processes that underlie spectatorship of pictorial artworks and incorporated insights into the production of new works of art. The fundamental premise of my research was that artworks exist as part of the visual world and are subject to the same visual processes as ordinary scenes and objects. Applying existing empirical findings from cognitive psychology to spectatorship of works of art allows for a more complete understanding of pictorial address.

Using theories and methods from psychology to understand the experience of artworks is not in itself novel. The field of empirical aesthetics boasts a wide literature comprising experiments around aesthetic preference and art appreciation. My research differs based on my position as a visual artist rather than a scientist and my emphasis on relating psychological findings to existing art theory and art historical narratives. The incorporation of practice-based research in the form of producing new works of art (Fig. 2) also brings a different perspective to an established yet often divisive discipline.

Figure 1. Installation shot from PhD exhibition.

Within the thesis, I focused on seriality as an aesthetic strategy and the mode of address offered by serial works of art. Serial artworks have previously been theorised, in particular by Coplans (1968), who established a distinction between serial artworks that comprise multiple discrete but related instances and pictures produced along the masterpiece model. Fer (2004) has said about seriality, “It brings with it a whole set of assumptions about the nature of aesthetic experience as direct and spontaneous” (p.4).

A natural starting point is to look at what specific, deviant realizations of the Gettier case have in common — presumably there is some shared non-trivial feature, or small set of such features, in virtue of which they are all deviant. (If Williamson were right, they would all be relatively ‘distant’ from the actual world, but as we have seen that is not so.) For brevity, let us refer to a realization of the Gettier case as a ‘G-world’. The obvious thing to notice about the deviant G-worlds encountered above is that they are worlds where the featured subject knows the target proposition, and/or her (prima facie) justification to believe it is defeated. This may inspire the suggestion that deviance is a simple function of how things are with the relevant test properties: that the non-deviant G-worlds comprise (all and only) those worlds where someone stands to p as stipulated in the given case description, has no defeaters for her justification to believe that p , and does not know that p .

But although this may well be true , it is useless for present purposes. We do not have to run a thought experiment to realize that any such world is a world where the subject has a justified true belief that p and does not know that p (but that is what necessity * comes to, on the suggested gloss). Recall that it is stipulated in the given case description that the subject truly believes that p . Conversely, if this were the content of the Gettier judgement, then those who reject that judgement would be seriously confused indeed. 40 All the controversy ought to be over whether someone could stand to p as in the case as described, lack defeaters, and still fail to know . 41 Indeed, on this view, the Gettier judgement turns out to be epistemically idle — it plays no role at all in explaining how we are justified in believing that the JTB theory is false.

A more careful look at the specific deviant G-worlds encountered so far reveals that they are not just worlds in which the subject knows or lacks defeaters: they are worlds in which she knows or lacks defeaters in virtue of some ‘extraneous’ fact  — some fact not explicitly stipulated in the case description. Perhaps, then, the range of the modal operator (in necessity *) is restricted to G-worlds that contain no such extraneous facts? But now this, in turn, must be precisified. Exactly what class of extraneous facts makes for deviance? It is tempting to take the phrase ‘in virtue of’ to express a strong modal dependency relation — for example, a logical or metaphysical entailment relation. Thus, one way to precisify the above would be to say that the modal operator ranges over all and only G-worlds that contain no set S of extraneous facts, such that S is (logically/metaphysically) sufficient for the subject to know that p , or S is sufficient to defeat her justification to believe that p . But this cannot be right. Consider the first clause: that clause rules out some deviant G-worlds where the subject knows — namely those in which she has a back-up route to knowledge that is modally independent of the stipulated facts. But there are other, and on the face of it equally deviant, G-worlds where she knows because the stipulated facts have been ‘enhanced’ in certain ways — where she knows that p but would not have done so unless she stood to p as stated in the given case description. 42

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