Ned Rossiter on Wed, 4 Jun 2003 21:28:41 +0200 (CEST) |
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<nettime> Creative Industries and the Limits of Critique from Within |
[Here's my paper from tonight's seminar at Melb. uni. Take it as a raw version. There's still some major problems -- ie, I don't think I've successfully incorporated the ways in which a constitutive outside is operating in CI. The MIT media lab stuff needs to find a way in as an independent section rather than a stupid one liner, for instance. The extent to which AUD currency exchange rates effect the security of the creative industries is also very untested - it's thrown in as speculation. A decent ARC grant would provide funds to do the empirical research on that. Then there's the far too long bibliography -- a postgrad disposition I'll have to grow out of sometime. Or maybe not. And then I've made a real hash of the Agamben allusion at the end.... ah well..../Ned.] Seminar paper Department of Cultural Studies and English, University of Melbourne, 4 June 2003 'Creative Industries and the Limits of Critique from Within' Ned Rossiter 'Every space has become ad space'. -- Steve Hayden, Wired Magazine, May 2003. Marshall McLuhan's (1964) dictum that media technologies constitute a sensory extension of the body shares a conceptual affinity with Ernst Jünger's notion of '"organic construction" [which] indicates [a] synergy between man and machine' and Walter Benjamin's exploration of the mimetic correspondence between the organic and the inorganic, between human and non-human forms (Bolz, 2002: 19). The logo or brand is co-extensive with various media of communication - billboards, TV advertisements, fashion labels, book spines, mobile phones, etc. Often the logo is interchangeable with the product itself or a way or life. Since all social relations are mediated, whether by communications technologies or architectonic forms ranging from corporate buildings to sporting grounds to family living rooms, it follows that there can be no outside for sociality. The social is and always has been in a mutually determining relationship with mediating forms. It is in this sense that there is no outside. Such an idea has become a refrain amongst various contemporary media theorists. Here's a sample: 'There is no outside position anymore, nor is this perceived as something desirable'. (Lovink, 2002a: 4) 'Both "us" and "them" (whoever we are, whoever they are) are all always situated in this same virtual geography. There's no outside .... There is nothing outside the vector'. (Wark, 2002: 316) 'There is no more outside. The critique of information is in the information itself'. (Lash, 2002: 220) In declaring a universality for media culture and information flows,[1] all of the above statements acknowledge the political and conceptual failure of assuming a critical position outside socio-technically constituted relations. Similarly, they recognise the problems inherent in the "ideology critique" of the Frankfurt School who, in their distinction between "truth" and "false-consciousness", claimed a sort of absolute knowledge for the critic that transcended the field of ideology as it is produced by the culture industry. Althusser's more complex conception of ideology, material practices and subject formation nevertheless also fell prey to the pretence of historical materialism as an autonomous "science" that is able to determine the totality, albeit fragmented, of lived social relations. One of the key failings of ideology critique, then, is its incapacity to account for the ways in which the critic, theorist or intellectual is implicated in the operations of ideology. That is, such approaches displace the reflexivity and power relationships between epistemology, ontology and their constitution as material practices within socio-political institutions and historical constellations, which in turn are the settings for the formation of ideology. Scott Lash abandons the term ideology altogether due to its conceptual legacies within German dialectics and French post-structuralist aporetics, both of which 'are based in a fundamental dualism, a fundamental binary, of the two types of reason. One speaks of grounding and reconciliation, the other of unbridgeability .... Both presume a sphere of transcendence' (Lash, 2002: 8). Such assertions can be made at a general level concerning these diverse and often conflicting approaches when they are reduced to categories for the purpose of a polemic. However, the work of "post-structuralists" such as Foucault, Deleuze and Guattari and the work German systems theorist Niklas Luhmann (1995) is clearly amenable to the task of critique within information societies (see Bogard, 1996; Feenberg, 2002; Lyon, 2001; Rossiter, 2003). Indeed, Lash draws on such theorists in assembling his critical dispositif for the information age. More concretely, Lash (2002: 9) advances his case for a new mode of critique by noting the socio-technical and historical shift from 'constitutive dualisms of the era of the national manufacturing society' to global information cultures, whose constitutive form is immanent to informational networks and flows (see Wittel, 2001). Such a shift, according to Lash, needs to be met with a corresponding mode of critique: 'Ideologycritique [ideologiekritik] had to be somehow outside of ideology. With the disappearance of a constitutive outside, informationcritique must be inside of information. There is no outside any more'. (2002: 10) Lash goes on to note, quite rightly, that 'Informationcritique itself is branded, another object of intellectual property, machinically mediated' (2002: 10). It is the political and conceptual tensions between information critique and its regulation via intellectual property regimes which condition critique as yet another brand or logo that I wish to explore in the rest of this essay. Further, I will question the supposed erasure of a "constitutive outside" to the field of socio-technical relations within network societies and informational economies. Lash is far too totalising in supposing a break between industrial modes of production and informational flows. Moreover, the assertion that there is no more outside to information too readily and simplistically assumes informational relations as universal and horizontally organised, and hence overlooks the significant structural, cultural and economic obstacles to participation within media vectors. That is, there certainly is an outside to information! Indeed, there are a plurality of outsides. Certainly these outsides are intertwined with the flow of capital and the imperial biopower of Empire, as Hardt and Negri (2000) have argued. As difficult as it may be to ascertain the boundaries of life in all its complexity, borders, however defined, nonetheless exist. Just ask the so-called "illegal immigrant"! This essay identifies three key modalities comprising a constitutive outside: material (uneven geographies of labour-power and the digital divide), symbolic (cultural capital), and strategic (figures of critique). My point of reference in developing this inquiry will pivot around an analysis of the importation in Australia of the British "Creative Industries" project and the problematic foundation such a project presents to the branding and commercialisation of intellectual labour. The creative industries movement - or Queensland Ideology, as I've discussed elsewhere with Danny Butt (2002) - holds further implications for the political and economic position of the university vis-à-vis the arts and humanities. Creative industries constructs itself as inside the culture of informationalism and its concomitant economies by the very fact that it is an exercise in branding. Such branding is evidenced in the discourses, rhetoric and policies of creative industries as adopted by university faculties, government departments and the cultural industies and service sectors seeking to reposition themselves in an institutional environment that is adjusting to ongoing structural reforms attributed to the demands by the "New Economy" for increased labour flexibility and specialisation, institutional and economic deregulation, product customisation and capital accumulation. Within the creative industries the content produced by labour-power is branded as copyrights and trademarks within the system of Intellectual Property Regimes (IPRs). However, as I will go on to show, a constitutive outside figures in material, symbolic and strategic ways that condition the possibility of creative industries. The creative industries project, as envisioned by the Blair government's Department of Culture, Media and Sport (DCMS) responsible for the Creative Industry Task Force Mapping Documents of 1998 and 2001, is interested in enhancing the "creative" potential of cultural labour in order to extract a commercial value from cultural objects and services. Just as there is no outside for informationcritique, for proponents of the creative industries there is no culture that is worth its name if it is outside a market economy (see McNamara, 2002). That is, the commercialisation of "creativity" - or indeed commerce as a creative undertaking - acts as a legitimising function and hence plays a delimiting role for "culture" and, by association, sociality. And let us not forget, the institutional life of career academics is also at stake in this legitimating process. The DCMS cast its net wide when defining creative sectors and deploys a lexicon that is as vague and unquantifiable as the next mission statement by government and corporate bodies enmeshed within a neo-liberal paradigm.[2] The list of sectors identified as holding creative capacities in the CITF Mapping Document include: film, music, television and radio, publishing, software, interactive leisure software, design, designer fashion, architecture, performing arts, crafts, arts and antique markets, architecture and advertising. The Mapping Document seeks to demonstrate how these sectors consist of '... activities which have their origin in individual creativity, skill and talent and which have the potential for wealth and job creation through generation and exploitation of intellectual property' (CITF: 1998/2001). The CITF's identification of intellectual property as central to the creation of jobs and wealth firmly places the creative industries within informational and knowledge economies. Unlike material property, intellectual property such as artistic creations (films, music, books) and innovative technical processes (software, biotechnologies) are forms of knowledge that do not diminish when they are distributed. This is especially the case when information has been encoded in a digital form and distributed through technologies such as the internet. In such instances, information is often attributed an "immaterial" and nonrivalrous quality, although this can be highly misleading for both the conceptualisation of information and the politics of knowledge production. Despite the delirious utopian proclamations of cyber-libertarians (Gates, 1995; Mitchell, 1995, 2000; Negroponte, 1995), university managers and enthusiasts of e-commerce, a material substrate underpins the possibility of knowledge creation (Innis, 1951; Feenberg, 1999; Poster, 1995, 2001). Knowledge and the media of communication that enables the distribution of its abstracted forms are embedded in socio-political practices, cultural systems and institutional realities (Chun, 2000; James and McQueen-Thomson, 2002; Miller and Slater, 2000; Ross, 2003; Sassen, 1996). Even when knowledge is produced in flexible, transnational modes, it still remains situated within media forms, material cultures and labour practices. The situatedness of knowledge and its distribution as information according to technical standards and symbolic regimes gives rise to the extraterritorialisation of state borders that come into tension with the politics of location (May, 2002: 114-148; Rossiter, 2002). Intellectual property, as distinct from material property, operates as a scaling device in which the unit cost of labour is offset by the potential for substantial profit margins realised by distribution techniques availed by new information and communication technologies (ICTs) and their capacity to infinitely reproduce the digital commodity object as a property relation. Within the logic of intellectual property regimes, the use of content is based on the capacity of individuals and institutions to pay. The syndication of media content ensures that market saturation is optimal and competition is kept to a minimum. However, such a legal architecture and hegemonic media industry has run into conflict with other net cultures such as open source movements and peer-to-peer networks (Lovink, 2002b; Meikle, 2002), which is to say nothing of the digital piracy of software and digitally encoded cinematic forms (see Wang, 2001). To this end, IPRs are an unstable architecture for extracting profit. The operation of Intellectual Property Regimes constitutes an outside within creative industries by alienating labour from its mode of information or form of expression. Lash is apposite on this point: 'Intellectual property carries with it the right to exclude' (Lash, 2002: 24). This principle of exclusion applies not only to those outside the informational economy and culture of networks as result of geographic, economic, infrastructural, and cultural constraints. The very practitioners within the creative industries are excluded from control over their creations. It is in this sense that a legal and material outside is established within an informational society. At the same time, this internal outside - to put it rather clumsily - operates in a constitutive manner in as much as the creative industries, by definition, depend upon the capacity to exploit the IP produced by its primary source of labour. I have argued elsewhere (Rossiter, 2002) that the exclusive nature of IPRs can potentially operate in strategic ways that benefits Indigenous peoples, for example, in their fight for self-determination and political, economic and social legitimacy. While Indigenous land claims and human rights violations have been recognised at the supranational level by the UN and UNESCO, thus conferring upon Indigenous peoples the status of what Saskia Sassen (1996; 2000) terms 'denationalised political subjects', such legitimacy has then been disavowed at the national level by the Howard coalition government. A modified framework of intellectual property regimes, I argued, condition the possibility of Indigenous sovereignty in as much Indigenous peoples are able to obtain an economic autonomy that can then articulate with socio-political and cultural discourses that have hitherto failed in too many instances. Aboriginality, as a sign of social practice, functions in strategic ways as a constitutive outside for both the transformation of the legal architecture of IPRs and the ways in which a democratic pluralism may be constructed within national sovereignty as the state undergoes extraterritorialisation and re-scaling. So, my position with regard to IPRs is in no way the naïve or idealistic one that insists on resisting or escaping such a legal architecture or assuming that state sovereignty has been eclipsed by "globalisation". In the instance of this essay, I am suggesting that those working in the creative industries, be they content producers or educators, need to intervene in IPRs in such a way that: 1) ensures the alienation of their labour is minimised; 2) collectivising "creative" labour in the form of unions or what Wark (2001) has termed the "hacker class", as distinct from the "vectoralist class",[3] may be one way of achieving this; and 3) the advocates of creative industries within the higher education sector in particular are made aware of the implications IPRs have for graduates entering the workforce and adjust both their rhetoric, curriculum, and policy engagements accordingly.[4] For all the emphasis the Mapping Document places on exploiting intellectual property, it's really quite remarkable how absent any elaboration or considered development of IP is from creative industries rhetoric. It's even more astonishing that media and cultural studies academics have given at best passing attention to the issues of IPRs.[5] Perhaps such oversights by academics associated with the creative industries can be accounted for by the fact that their own jobs rest within the modern, industrial institution of the university which continues to offer the security of a salary award system and continuing if not tenured employment despite the onslaught of neo-liberal reforms since the 1980s. Such an industrial system of traditional and organised labour, however, does not define the labour conditions for those working in the so-called creative industries. Within those sectors engaged more intensively in commercialising culture, labour practices closely resemble work characterised by the dotcom boom, which saw young people working excessively long hours without any of the sort of employment security and protection vis-à-vis salary, health benefits and pension schemes peculiar to traditional and organised labour (see McRobbie, 2002; Ross, 2003). During the dotcom mania of the mid to late 90s, stock options were frequently offered to people as an incentive for offsetting the often minimum or even deferred payment of wages (see Frank, 2000). Of course the attraction of stock options and the rhetorical sheen of "shareholder democracy" adopted by neo-liberal governments became brutally unstuck with the crash of the NASDAQ in April 2000, which saw the collapse in share value of high-tech stocks and telcos followed up by the negative impact of S11 on tourism and aviation sectors. The 'market populism', as Thomas Frank (2000) explains, of the high-tech stock bubble was defined by a delirious faith in entrepreneurial culture and the capacity for new ICTs articulated with corporate governance and financescapes to function as a policy and electoral panacea for neo-liberal states obsessed with dismantling the welfare state model and severing their responsibilities for social development. The creative industries project emerged out of a similar context as it played out in Britain, and adopted much of the same rhetoric. However, it remains questionable as to the extent to which such rhetoric is transposable on an international scale and the extent to which it is then appropriate to be adopted by countries and regions with significantly and sometimes substantially different socio-political relations, industrial structures and policies, and cultural forms and practices. As Scott McQuire has noted, there is a 'strategic rationale' behind the creative industries project: 'It provides a means for highlighting the significant economic contribution already made collectively by areas which individually may pass unnoticed all too easily' (McQuire, 2001: 209).6 In this respect, the creative industries concept is a welcome and responsible intervention. But as McQuire also goes on to point out, the creative industries 'provides a template for change in educational curricula' (209). This aspect is just one among others that warrants a more circumspect approach to the largely enthusiastic embracement of the concept of creative industries. Change of course is inevitable and it's often a good and much needed thing. However, there is a conformist principle underpinning the concept of creative industries as it has been adopted in Australia - namely the reduction of "creativity" to content production (Cunningham, 2002) and the submission of the arts and humanities to the market test, which involves exploiting and generating intellectual property (McQuire, 2001: 210). What happens to those academic programs that prove unsuccessful in the largely government and market driven push to converge various media of expression into a digital form? How are the actual producers - the "creative" workers - to be protected from the exploitation incurred from being content producers? It is understandable that the creative industries project holds an appeal for managerial intellectuals operating in arts and humanities disciplines in Australia, most particularly at Queensland University of Technology (QUT), which claims to have established the 'world's first' Creative Industries faculty.7 The creative industries provide a validating discourse for those suffering anxiety disorders over what Ruth Barcan (2003) has called the 'usefulness' of 'idle' intellectual pastimes. As a project that endeavours to articulate graduate skills with labour markets, the creative industries is a natural extension of the neo-liberal agenda within education as advocated by successive governments in Australia since the Dawkins reforms in the mid 1980s (see Marginson and Considine, 2000). Certainly there's a constructive dimension to this: graduates, after all, need jobs and universities should display an awareness of market conditions; they also have a responsibility to do so. And on this count, I find it remarkable that so many university departments in my own field of communications and media studies are so bold and, let's face it, stupid, as to make unwavering assertions about market demands and student needs on the basis of doing little more than sniffing the wind! Time for a bit of a reality check, I'd say. And this means becoming a little more serious about allocating funds and resources towards market research and analysis based on the combination of needs between students, staff, disciplinary values, university expectations, and the political economy of markets. However, the extent to which there should be a wholesale shift of the arts and humanities into a creative industries model is open to debate. The arts and humanities, after all, are a set of disciplinary practices and values that operate as a constitutive outside for creative industries. Indeed, in their creative industries manifesto, Stuart Cunningham and John Hartley (2002) loath the arts and humanities in such confused, paradoxical and hypocritical ways in order to establish the arts and humanities as a cultural and ideological outside. To this end, to subsume the arts and humanities into the creative industries, if not eradicate them altogether, is to spell the end of creative industries as it's currently conceived at the institutional level within academe. Too much specialisation in one post-industrial sector, broad as it may be, ensures a situation of labour reserves that exceed market needs. One only needs to consider all those now unemployed web-designers that graduated from multi-media programs in the mid to late 90s. Further, it does not augur well for the inevitable shift from or collapse of a creative industries economy. Where is the standing reserve of labour shaped by university education and training in a post-creative industries economy? Diehard neo-liberals and true-believers in the capacity for perpetual institutional flexibility would say that this isn't a problem. The university will just "organically" adapt to prevailing market conditions and shape their curriculum and staff composition accordingly. Perhaps. Arguably if the university is to maintain a modality of time that is distinct from the just-in-time mode of production characteristic of informational economies - and indeed, such a difference is a quality that defines the market value of the educational commodity - then limits have to be established between institutions of education and the corporate organisation or creative industry entity. The creative industries project is a reactionary model insofar as it reinforces the status quo of labour relations within a neo-liberal paradigm in which bids for industry contracts are based on a combination of rich technological infrastructures that have often been subsidised by the state (i.e. paid for by the public), high labour skills, a low currency exchange rate and the lowest possible labour costs. In this respect it is no wonder that literature on the creative industries omits discussion of the importance of unions within informational, networked economies. What is the place of unions in a labour force constituted as individualised units? (see Beck, 1992; Bauman, 1992; McRobbie, 2002). The conditions of possibility for creative industries within Australia are at once its frailties. In many respects, the success of the creative industries sector depends upon the ongoing combination of cheap labour enabled by a low currency exchange rate and the capacity of students to access the skills and training offered by universities. Of all these factors, much depends on the Australian currency being pegged at a substantially lower exchange rate than the US dollar. The economic effects in the United States of an expensive military intervention in Iraq and the larger costs associated with the "war on terrorism", along with the ongoing economic fallout from the dotcom crash and corporate collapses, have all led to a creeping increase in the value of the Australian dollar. A significant portion of the creative industries sector in Australia is engaged in film production associated with Hollywood's activities "downunder" and, shortly, IT developments attached to MIT's media lab in Sydney. These are both instances in which IP is most definitely not owned by Australian corporations or individuals, but is held more often by US based multi-nationals. As such, the security of labour is contingent upon the stability of global financial systems which are underpinned by risk, uncertainty and a faith in the hubris peculiar to discourses on growth and expansion associated with the "New Economy" (Brenner, 2002; Gadrey, 2003; Lovink, 2002c; Tickell, 1999). Additional contingencies emerge with government policies that seek to intervene in the supranational, regional and national regulatory fields of trade agreements, privacy rights, and so forth. Certainly in relation to matters such as these there is no outside for the creative industries. There's a great need to explore alternative economic models to the content production one if wealth is to be successfully extracted and distributed from activities in the new media sectors. The suggestion that the creative industries project initiates a strategic response to the conditions of cultural production within network societies and informational economies is highly debateable. The now well documented history of digital piracy in the film and software industries and the difficulties associated with regulating violations to proprietors of IP in the form of copyright and trademarks is enough of a reason to look for alternative models of wealth extraction. And you can be sure this will occur irrespective of the endeavours of the creative industries. Unlike Lash, Chantal Mouffe argues that 'the "constitutive outside" cannot be reduced to a dialectical negation. In order to be a true outside, the outside has to be incommensurable with the inside, and at the same time, the condition of emergence of the latter' (2000: 12). I've argued that the emergence of creative industries is caught up in such a process. The phenomenon of flexible production by transnational corporations and the exploitation of sweatshop labour in both developing and developed countries are surely material and symbolic instances of an incommensurable, constitutive outside that conditions the possibility of high living standards, practices of consumption, and material wealth within advanced economies that adopt a neo-liberal mode of governance. While labour within the "invisible" zones of production is not directly part of informational economies in terms of belonging to those sectors identified as part of the creative industries, it is nevertheless a condition of possibility for the larger social relations, consumer dispositions and labour practices within advanced economies. Even those workers located within informationalism are positioned in relation to IPRs in such a manner as to be "outside" processes of power, authority, and decision making, and hence occupy an illegitimate and structurally disabled position vis-à-vis a sovereignty of the self and/or the social collective. In contrast to Georgio Agamben's (1998: 6-12) use of the juridical concept in ancient Roman law of "bare life" - or homo sacer (sacred man) - as the state of exception, a figure that is excluded as it constitutes the inside of sovereign power, Hardt and Negri proclaim rather gloomily for contemporary socio-technical forms of capital that 'There is nothing, no "naked life", no external standpoint, that can be posed outside this field permeated by money; nothing escapes money' (Hardt and Negri, 2000: 32). Maybe, maybe not. Not all fields of money and finance capital are subject to the dark power of Empire. Social actors can still find recourse to spatial scales and temporal rhythms that offer the possibility of a strategic outside. In this way - as grossly patronising and condescending as this must sound - there is hope for those located in material and symbolic outsides to the hegemon of informationalism. Notes 1 Or perhaps, more correctly after Baudrillard, a globalisation of media culture and information flows, since universality, for Baudrillard (2003), is homologous with ethical principles such as human rights, whereas globalisation is a term that has emerged with the advent of new ICTs, post-1989 world events, and the re-scaling of capital. One does not speak of "global" human rights, for example. Rather human rights are a set of principles that may be idealised, and rarely adhered to. 2 At least one of the key proponents of the creative industries in Australia is ready to acknowledge this. See Cunningham (2003). 3 While I think Wark is correct in identifying the symptoms peculiar to the division of labour and the mode of information within network societies and informational economies, it is unlikely that his terms for these socio-technical distinctions will have any broad appeal. Certainly it is possible that new institutions will emerge that function to organise informational labour, though I suspect a more likely scenario is for existing institutions such as unions to address the situation of "new labour" as it relates to IPRs and working conditions. Arguably unions are best equipped for the task at hand insofar as they have useful institutional memories to draw upon and broad experience in negotiation and connections with industry and government actors. The greatest obstacles for unions consists of declining membership, especially amongst younger workers, a hostile political environment of neo-liberalism in which governments and industry share a mutual distaste for organised labour, and the problematic of individualisation peculiar to informational labour as it articulates with neo-liberalism. Richard Caves (2000: 121-135) has also pointed to the additional economic burden unions can place on film production in terms of, particularly for independents. Unions alone will not be able to address the issue of exploitation for creative industries workers. That will require a new configuration, one the is perhaps made possible by entities such as fibreculture articulating their membership with other institutional bodies such as unions. In doing so, there is a possibility for new institutions to emerge. I imagine different institutional configurations again would be needed for those creative workers that fall outside of the admittedly limited purchase has on the broad spectrum of creative labour. 4 To be fair to QUT's Creative Industries faculty, one if not more of the core subjects - 'Creative Industries' - in the Bachelor of Creative Industries does address issues of IP. 5 Flew (2002: 154-159) is one of the rare exceptions, though even here there is no attempt to identify the implications IPRs hold for those working in the creative industries sectors. 6 A recent QUT report commissioned by the Brisbane City Council provides some illuminating statistics on the varying concentrations of workers in the creative industries across Australia. There aren't too many surprises. Of the seven capital cities in Australia in 2001, Sydney holds the highest proportion of creative industry workers (90, 6000/40.1%). Melbourne has 63, 453 (28.1%), Brisbane (25, 324), Perth (21, 211), Adelaide (15, 345), Canberra (6, 916), and the Greater Hobart Area (3, 055) (Cunningham et al., 2003: 16). At a statistical level then, Sydney pretty much leaves Melbourne for dead when it comes to that rather parochial old debate over which city is Australia's "cultural capital". Still, you'd have to disagree when it comes down to which city has better food, bars, galleries and quality of life for the "bourgeois bohemians", or "bobos" (Brooks, 2000) - Melbourne wins hands down when the quantitatively feeble indices are considered. 7 Creative Industries Faculty, QUT, http://www.creativeindustries.qut.com. A number of research papers and reports can be found at the Creative Industries Research and Applications Centre, http://www.creativeindustries.qut.com/research/cirac/index.jsp. 13 Works Cited Agamben, Giorgio. Homo Sacer: Sovereign Power and Bare Life. Trans. Daniel Heller-Roazen. 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