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Hi Jon, and all

Messier still, I'm interested in 'commissioning' in the context of 
unfolding experiences in Scotland and the proposals for Creative 
Scotland, a non-artform specific supersession of the Scottish Arts 
Council and Scottish Screen said to encompass the 'creative 
industries'.

As to a clear division of roles, the commissioning processes you 
describe appear not to address the tectonic shift of public subsidy 
with regard to encouraged IPR retention & exploitation. (Public subsidy 
is already of paramount importance here, but will increasingly be so 
given the recession.)

With the proposals, artists/filmmakers will have to 'pitch' to Creative 
Scotland in what is increasingly looking like a commissioning process, 
with the need to appeal for advocacy within the NDPB. This is a 
significant shift from previous 'arms length' public sector models of 
support (however partial and problematic they continue to be).

It is still very hazy, even at this late date, but the proposals appear 
to include Creative Scotland look to also generate income streams (for 
itself, as well as encouraging other cultural institutions to do so) 
through the exploitation and retention of Intellectual Property Rights 
of the material it will effectively 'commission'. (The proximity of 
Edinburgh's financial/legal sector is palpable.)

NESTA was the outcome of such an exploration of copyright- and 
profit-orientated approaches to ‘investment’ and would seem to be the 
guiding light of Creative Scotland. NESTA advocates its retention of 
patent rights for intellectual property resulting from publicly funded 
work and the wider state exploitation of IPR. One other example we have 
is the Catalan Department of Creative Industries' "refundable 
contribution [credit / loans] system as a way to have financial 
participation in market driven cultural projects and, therefore, be 
subject to enterprise risk." Creative Scotland will also introduce 
loans.

As Nicholas Garnham has written:

“ [T]he cultural industries are seen as complex value chains where 
profit is extracted at key nodes in the chain through control of 
production investment and distribution and the key “creative” labour is 
exploited not, as in the classic Marxist analysis of surplus value, 
through the
wage bargain, but through contracts determining the distribution of 
profits to various rights holders negotiated between parties with 
highly unequal power (Caves 2000). ... [T]he political economy approach 
placed its major emphasis on the technologies of distribution, on the 
ways in which key economic and regulatory debates were to be seen as 
struggles over access to distribution under shifting technological 
conditions without any necessary effect on either the nature of the 
product being distributed or the relation with the audience. In 
particular, this analysis stressed the ways in which the profits of the 
whole process were returned to controllers of technological 
distribution systems rather than to the original producers of the 
cultural products or services.”

(‘From Cultural to Creative Industries: An analysis of the implications 
of the “creative industries” approach to arts and media policy making 
in the United Kingdom’, Nicholas Garnham, International Journal of 
Cultural Policy Vol 11, No. 1 2005)

All best,
Leigh


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On 2 Mar 2010, at 11:16, Jon Ippolito wrote:

> Thanks, Beryl, for inviting Rick Rinehart and me as guests for this 
> month! Later this week I'll be reporting from the DOCAM conference in 
> Montreal, where we'll unveil the third-generation Variable Media 
> Questionnaire developed by John Bell, and where I expect to learn of 
> other exciting developments culminating from the research that Alain 
> Depocas and the Langlois Foundation have nurtured over the past five 
> years. And I'm looking forward to hearing reports from other 
> correspondents on Friday's BALTIC conference.
>
> Rick and I have the distinction, or perhaps more accurately infamy, of 
>  having played both roles of artist and curator in various 
> commissions. As a double agent, I see the process as a bit messier 
> than might be visible from the outside. To see if I'm not alone, I'd 
> like to lob some questions at all of you artists, curators, and others 
> who have been, or will soon be, involved in the commission of a 
> variable media work:
>
> 1. The process of commissioning offers more give-and-take between 
> artist and curator than just buying work out of a gallery, which is 
> tantamount to shopping at a store for art. But the traditional 
> artistic commission still divides responsibilities according to a 
> consumerist model, this time based on freelance labor: the curator 
> defines the job and hires the artist; the artist makes the work; and, 
> depending on the terms of the agreement, either the artist or the 
> curator inherits the work, along with the sole responsibility to 
> maintain it. I'm interested to know whether the experiences of people 
> on this list have echoed or disrupted this clear division of roles. 
> How involved are curators in the production of the work? How involved 
> are artists in its documentation and preservation? And how subversive 
> can an artwork be if it is "work for hire"?
>
> 2. The word "commission" comes from the etymological root "to 
> entrust," which in medieval Latin became "put into custody." So, from 
> those who've been involved in commissions on this list, I want to know 
> who trusted whom with what, and whether that trust was honored or 
> betrayed. Who got custody of the "child" of this unnatural union 
> between artist and curator? Of the hardware? Of the source code? If 
> the work was created collaboratively, how were the rights and credit 
> apportioned? What did you keep, and what did you let go? Who made out 
> better in the end?
>
> 3. How, if at all, did the variability inherent in technological and 
> process-based artwork complicate or enrich your commission? I'm 
> especially interested in any problems you encountered--with an 
> institution, an artist, or a technology--and whether the solution you 
> hit upon was satisfactory.
>
> Cheers,
>
> jon
> ______________________________
> Still Water--what networks need to thrive.
> http://still-water.net/