November 2011
Debates 2011 : artists' voice - intellectual property.
Prepare the debates and discover the articles CULTURE IS FUTURE.

With in exclusivity for the fourth edition of the Forum:
  • Interviews: Paul Andreu, Jean-Jacques Annaud, Nabil Ayouch,  Philippe Claudel, Jean-Pierre et Luc Dardenne, Wim Delvoye, Laurence Equilbey, Jochen Gerz, Jul, Radu Mihaileanu, Christopher Miles, Christine Orban, ORLAN, Jean-Marie Perier, Plantu, Marjane Satrapi, Kjetil Tredal Thorsen, Barthélémy Toguo, Totonho, Natacha Wolinski.


Artists' voice

The Forum d’Avignon interviewed 25 international artists to prepare the debate on intellectual property. Extracts.

Find all the answers on  our website.

To which extend have technology change the way you create?

JUL, cartoonist

I belong to the minority of comic cartoonists of my generation who do not use a computer to make their drawings, especially for the color that I do with a brush, quite similar to the 13th century.
However, the work of cartoonist has been upset by the new means of transmission, portable scanner, wifi, phone, allowing you to send documents usable by all the media in a record time, and then to work from a hammock in Honolulu

Wim DELVOYE, artist
Technology changed everything and emancipated me as an artist. But at the same time, it also made me more dependent on other people. Technology obliges me to collaborate with specialists and I also have to be interested in more different subject matters. However, thanks to technology my works are more diversified and more ambitious. We are always as ambitious as the technology we use. Thanks to technology I can also be my own agent. And it also changed the relationship between the periphery and the centrum. I live in the suburbs of Ghent but thanks to the internet that artists can be both local and global.
Art is much more a 'holistic' affair since we have these new technologies. Seriously, I think of showing at Youtube, etc. as important as showing something at the MOMA in NY.

Laurence EQUILBEY, conductor

A recent experiment to answer to you: I have recently developed an electronic tuning fork, to supplant the old tuning fork with two branches. This new tuning fork can give any pitch, in any mode, tempered or not, you can also use it blindly. The technical possibilities of the singers are considerably expanded; access to micro-intervals is possible, while it was once reserved to electronic. I ordered and created works that use the potential of this machine. As for me, it's a real revolution.

Radu MIHAILEANU, film director and writer
Now all the screenwriters write on computers, using some software for writing and layout (not me). The great thing is that we "edit" by writing, changing scenes, shortening, etc., what we did before with scissors and glue. Then, we write estimates and financing plans on appropriate software, which saves us an infinite time. The same goes for work plans, budget positions, etc. More and more shootings are carried out today with digital cameras. Even if this has not exactly reached the quality of 35mm, digital provides solutions in light, filming flexibility, in terms of cost, calibration possibilities. All films are currently digitally edited; we do not cut when editing the film. It is the same regarding the sound, whether dialogue or music, with exceptional quality. Finally, more and more films are shown in digital, and reach movie theaters of the world by the Internet or by satellite. This has made savings, operational flexibility, but also dangers, threatening diversity.

Christopher MILES, film director
Technology has revolutionized the manufacturing of filming - not the structuring or scripting of ideas, but the actual making of the images and sounds and their subsequent projection in a cinema. On the left I am standing by a large 35mm Panavision 35mm camera, the latest in film technology in 1976. However the idea of mechanical pins dragging a strip of celluloid in a stop start motion past a lens at 24 frames a second has not changed in principal since les Freres Lumières.  But with the invention of the video camera on the right (a Sony EX3) which takes a memory chip card instead of film today, there are no moving mechanics. This certainly makes for a much lighter and more portable camera, as even with a zoom lens the Sony weighs under a quarter of the Panavision with film and a similar lens, and at $60,000, is a quarter the price. Both cameras with their results shown from a jpeg2000 DCP (Digital Cinema package) on a large screen would be of a similar quality. This lightness speeds up the shooting process, and enables film makers to film where and how and in what light they wish, and under almost any circumstances today. Film itself is expensive and heavy, 1,000 ft reel as shown in the photo of the magazine on the Panavision camera, lasts only about 11 minutes and by the time it has been developed and printed will cost about $850. Whereas the best memory card will cost about half that for 80 minutes of screen time.... and you can use the card again!  (11 minutes of 35mm film weighs 5.2 kgs whereas 80 minutes on a memory card weighs 3 grams!) Even as I write this improvements are being made, and the latest Arri Alexa camera can even imitate the flicker of a film camera, but why anyone wants to go back to the 1890's and les frères Lumière intrigues me - nostalgie de la griffe peut-être?
Digital has also greatly altered the facility of editing films, and ALL post-production work. Especially in the fields of 'computer imagery' where now everything is possible, and even pink pigs can fly. Also you can no longer see the ‘joins on the screen' anymore; as one could see them not so long ago when these visual effects were manipulated by a film laboratory and not a computer.

Jean-Marie PERIER, photographer
Any innovation seems essential. It must be learned, even if we do not use it.  I got the desire to work from cameras and computers. It is curious to notice that it is the technicians and industrialists that invent the artists and not the opposite. In 1962, when Nikon brought out the reflex camera, he invented thousands of artists thanks to his machine. As for Steve Jobs, I do not even talk about it...

How do you perceive the subsequent use of your works?

Paul ANDREU, architect

Any artist feeds on others, all the others: he or her takes (and must be free to do so) and transform (it is at least a moral obligation), he or her accepts and is proud that the works feed others. The world of ideas and art is a world of exchange and collective development. It is valued for all; we must protect it from looters

Philippe CLAUDEL, film director

A work is a beautifully volatile material. It appears thanks to one individual, but only exists in the eyes of others. So we should not be surprised with its dissemination. It spreads and feeds. This has always been. Literature is a vast recycling company. Of course we must distinguish pure and simple plagiarism, sterile and reprehensible, from borrowing, tributes, genealogies of creations, debts, which are invigorating and stimulating.

Christine ORBAN, novelist
I am not a philosopher, just a novelist ... But when it happens that one of my sentences is taken up I am pleased, provided of course that I’m quoted.

ORLAN, artist
I find interesting the reuse of my work by others if they are honest and let know that they use them to create their own works and not just for convenience - I have myself often quoted my own work in the new ones, pointing out the intrinsic relationship of a work with another.

Kjetil Tredal THORSEN, architect

The highest recognition one can get is to be copied by others. This however does not mean I enjoy uncritical reuse of ideas, concepts or solutions by others, but to be supportive of those developing our common goals, using our ideas to move forward.
In our own processes we still try to "reinvent ourselves" every time, especially by reacting contextually to any given condition.
More problematic we find the respectless rebuilding or changing of buildings we have designed, using other architects only based on cost. 

Barthélémy TOGUO, artist

It does not bother me, as long as it aims at another aesthetic. It is like in football, a defender get out a dangerous ball into the penalty area, slips it to left side, extending the ball on the sides, passes the ball to the wing back who dribbles an opponent, extends the speed race and make a high centre pass that falls directly on the head of the striker in a good position to jump higher than the opposing defense and scores a nice goal from the head in the top corner. The artist has the right to extend an action undertaken by another.

TOTONHO, artist

I am a painter, not a prophet. If I even could predict the future... I hope my paintings sensitize children - artists, politicians and entrepreneurs of tomorrow, and give birth to a more respectful look towards the planet.

In 10 years to who would you entrust the management of your rights? 

Jean Jacques ANNAUD, film director
Copyright, as moral rights, of someone who create a painting, a novel, a symphony, have been a fight for all authors from all counties of all-time. It was first led and won in France. Going back on this victory of the respect of creator seems to me a fatal decline. But I understand the excitement it would be for a new re-creator to cut the paintings of Leonardo da Vinci, Monet and Friedrich to make a great collage that would become his or her work.
I do not really care of my past work, provided they are allowed to make their way, flourish or die in the state that I wanted for them.


Nabil AYOUCH, film director

The respect of moral rights is essential but does not (only) impact the manager of the rights of my works. It is a question coming within the competence of public authorities and the perception that the future "consumers" of my movies will have of copyright in twenty years. Education has the very important role to play in this field.  New technologies should not engender a relationship of mistrust between creators and their public. They have to engender new behaviors, new way to comprehend the work and its relation with time.

Jean Pierre et Luc DARDENNE, film directors

We will entrust the management of rights of our works to the one that will ensure the widest distribution while respecting moral rights.

Jochen GERZ, artist

I would entrust the management to somebody who ensures its circulation. Deciding otherwise would show that I have little trust in my work and its moral rights… 

PLANTU, cartoonist

In 10 years I will continue to take care of the rights of my drawings. I want to make sure that they are respected: it is not only about defending the rights of pictures; we are also fighting to uphold our rights for a journalistic, editorial and responsible image. Media in demand have to understand that. My drawings are not insignificant and there is no question that my cartoons land up on any medium. Everything makes sense and these days, people seem to forget that a press political drawing carries a specific message and it's not just pretty pictures that would be used to make beautiful spots on the layout of the pages.  A caricature is the result of a work and carries an editorial thought that must always be controlled. It is an everyday fight. There is no day when we are not forced to fight to enforce our cartoonists’ rights. I have an assistant at the newspaper that ensures all of this in order to protect me. As for the management of the stock of originals, we have been in discussions for several years with IMEC (Institute of Contemporary memory) who wants to store the drawings in its documentation center near Caen. Researchers, students and journalists can, after authorization, see all the funds of contemporary culture. The advantage of IMEC is that the author may at any time take back its originals stock, what does not offer the French National Library (when one gives it a fund, it is forever).

Marjane SATRAPI, film director

To those who will defend the best the integrity of my works and who won’t do anything for money. In fact it is to me that I will entrust management of the rights of my works. And after.... I do not plan to die very soon.

Natacha WOLINSKI, writer

In ten years, self-publishing will be developed and advanced. It is tempting to become autonomous from the editorial system where a writer receives only 10% of copyright...

Read all the answers online


DEBATES 2011 - Intellectual property - Artists take over their rights
3New challenge for the music industry: thanks to a clause in their contract, artists can reclaim ownership of their records. Indeed, the copyright law was revised in 1976 in the United States, saying that artists can, by appealing “termination rights,” claim ownership of their recordings. Thus they would have the right to take over the control of their works after 35 years of exploitation.
Read the article online

Who is Barthélémy Toguo ?
1"We all are in a permanent transit ... we go from a place to another with different means while taking with us, on these trips, our culture, which go to meet the other”. Cameroonian artist internationally well-known,  Barthélémy Toguo is an active advocate of cultural activity and preservation of art in Africa
Read the article online

Who is Marjane Satrapi ?
1Invited to the Forum d'Avignon 2009, Marjane Satrapi participated in the discussion"Culture: thinking for tomorrow." According to her, the culture plays a highly political role in the Greek sense of the term: "I deeply believe in education and the introduction to the art as the only answers against fanaticism."
Read the article online

Who is Souleymane Cissé ?

Souleymane Cisse, Malian filmmaker born in 1940, plays a major role in the recognition of African cinema on the international stage. “We must create our own markets and be able to rely on a local audience.” Faithful to the Forum d’Avignon since its origin, Souleymane Cisse participated in the 2010 edition “More accessibility, new usage in digital era: Culture for everyone?”.
Read the article online

Who is Totonho ?
1Almost 40 years ago, Antonio de Araújo Pereira (artist name: Totonho) moved from the countryside of the Brazilian state of Bahia to its capital, Salvador. After an idyllic childhood at the farm of his grandparents, moving  to a city was a huge culture shock. But the real shock occurred some years later when he returned to his place of birth.s.
Read the article online

Who is Jul ?
1Cartoonist and author of comic books, Jul is also a multi-graduated artist. He has a PHD in History, is a researcher in sinology, and a successful candidate of l’Ecole Normale Supérieure. Jul has also taught Chinese history. He finally decided to devote himself to drawing and began to sketch for French newspapers. 
Read the article online

Who is Gloria Friedmann ?
1“As a visual artist, I represent a small cultural company. I work in my studio, alone, with one assistant. My works are not conceived as products of a cultural industry, they are not commercial products.” Speaker at the closing session of the Forum d’Avignon 2009 “the blossoming of cultures”, Gloria Friedmann admits that the artist cannot be independent of the market organization.
Read the article online

Who is the society of audiovisual authors?

2The Society of Audiovisual  Authors  represents 25 European collective management societies of audiovisual authors, that is to say more than 118,000 authors and filmmakers in 17 countries.  A White Paper has been published in February on audiovisual copyright and remuneration  in Europe, quoted by the European Commission, the World Intellectual Property Organization and UNESCO.
Read the article online

DEBATES 2011 – Intellectual property - Apple, a patent to prevent from filming concerts
1Apple filed a patent in June regarding a new generation camera for mobile devices, a technology that would prevent users from  recording concerts illegally. The system could be used by music and film industries to enforce the protection during shows and in movie theaters.

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DEBATES 2011 - Intellectual property - Graduated response in Great Britain, the USA and New Zealand
 5Following the publication of the Hargreaves’ report, the British government has clarified its position. First, format shifting from CDs and DVDs to digital format for private use will be allowed without any compensation for content producers. In many countries, especially France, Spain and Germany, supports allowing private copying are subject to a tax. A part of the price is paid back to copyright collecting societies.
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Always Further - Intellectual Property and Growth: new approach of the copyright in UK
5The 18th of May, Ian Hargreaves, chairman of digital economy at the Cardiff School of Journalism, published his study « Digital opportunity, a review of Intellectual Property and Growth » commissioned by David Cameron. Hargreaves exposes clearly the deficiencies of the current system and proposes new measures for an effective intellectual property that protects and engenders the creation.
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Always further - intellectual property: PIPA law
6A Large-scale operation in the United States to limit piracy.
 Approved last month, the PIPA bill (IP Protect Act - Preventing Online Real Threats to Economic Creativity and Theft of Intellectual Property Act of 2011.), also known as US Senate Bill S.968, aims at fighting against the 'pirate' websites, which provide illegal access to copyrighted works. This bill will deny access and linking to these sites - especially those registered outside the United States. Thus, it gives unprecedented powers of repression to the Federal Department.
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Always Further - Germany and copyright, a new law?
7In May, the German minister of state to the Federal Chancellor and federal government commissioner for culture and the media, Bernd Neumann announced copyright law reforms. He stressed that this would be in favor of authors and creators, not users. It contrasts with the project of  global licence proposing a flat tax for the culture that had been advanced by the Green politics recently, and rejected.
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DEBATE 2011 - Intellectual Property - Agreement between Baidu and Majors
8Ending a long legal conflict, Baidu, the Chinese search engine which controls 76% of the domestic market, has signed an agreement on July the 19th with three majors of the music industry: Universal Music, Warner Music and Sony Music, represented by the joint venture One-Stop China. The partnership aims at fighting against piracy by allowing Baidu to make available a legal offer on its website.
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Always Further - A new chapter for Google and the French publishers
The publisher Hachette Livre and Google have submitted on July the 28th 2011 the conditions of their agreement for the digitization of works commercially unavailable. Almost 50,000 print books, which rights are held by the French publishing group, would be affected . Three principles guide this agreement to respect the rights of authors and publishers. Arnaud Nourry, CEO of Hachette Livre  said that "it is a framework to start all over again, with new bases: fair, balanced and respectful of our rights".
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Always Further - The social Netbook
ThakaraWhile Facebook already proposed to create your visual bookshelf to list and recommend books to all your friends, the numbers of social networks dedicated to books are increasing. In France, Babelio exist since 2007, providing extracts, reviews, quotes, top 10 for each genre, etc. and everyone can share his reading. With more than 700 000 visits a month, Babelio is supported by different publishers as Albin Michel, Gallimard or Grasset: the more active members can be invited to comment new books in previews.
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Always further - Orbooks reinvents publishing with an innovative economic modelSéoulRefusing the traditional codes of the publishing sector, the publishers of “orbooks” implemented an innovative model emphasizing the place and role of the reader. Favoring the selection of books (new as well as established writers) to mass distribution, they promote design, quality and an original of their books (Internet, videos, articles…).

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Did you know? Ebook piracy costs $3 billions to the American editorsFranceWhat are the real losses engendered by piracy in the book industry? How do the main actors of the market react to this phenomenon? This article, published in march 2010, confronts the reality of piracy to its effects of the book industry, presenting figures related to the cost of piracy on American book houses.
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Did you know? 65% of the US Internet users have paid to download or access to online cultural contents
FranceThe American research center Pew recently published in december 2010 a study related to the consumption habits of Americans on the Internet. It can be learnt that 65 % of the Internet users have already paid to download or access to online cultural contents.

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Did you know? More than 50% have downloaded a song from the internet for free in the last three months
The Midem published a study with the Institute Nielsen, in december 2010, related to the music consumption habits of the Internet users. For the study elaborated in november 2010, more than 50% have downloaded a song from the internet for free in the last three months (not only illegally).
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Did you know? Streaming vs. download, figures of the online consumption
FranceAccording to the REC barometer of GFK institute about the French’s digital uses (a survey prepared with 1000 French Internet users aged 15 to 65), music streaming represents now 51% of listening on the web, more than the download which corresponds to 49%. The most popular sites are video platforms (YouTube, Dailymotion) and live listening (Deezer, Spotify), and then Web radio.
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