Abstract
Introduction The research from which this piece derives explores political remix video (PRV), a genre in which remixers critique dominant discourses and power structures through guerrilla remixing of copyrighted footage (“What Is Political Remix Video?”). Specifically, I examined the works of political video remixer Elisa Kreisinger, whose queer remixes of shows such as Sex and the City and Mad Men received considerable attention between 2010 and the present. As a rhetoric scholar, I am attracted not only to the ways that remix functions discursively but also the ways in which remixers are constrained in their ability to argue, and what recourse they have in these situations of legal and technological constraint. Ultimately, many of these struggles play out on YouTube. This is unsurprising: many studies of YouTube and other user-generated content (UGC) platforms focus on the fact that commercial sites cannot constitute utopian, democratic, or free environments (Hilderbrand; Hess; Van Dijck). However, I find that, contrary to popular belief, YouTube’s commercial interests are not the primary factor limiting remixer agency. Rather, United States copyright law as enacted on YouTube has the most potential to inhibit remixers. This has led to many remixers becoming advocates for fair use, the provision in the Copyright Act of 1976 that allows for limited use of copyrighted content. With this in mind, I decided to delve more deeply into the framing of fair use by remixers and other advocates such as the Electronic Frontier Foundation (EFF) and the Center for Social Media. In studying discourses of fair use as they play out in the remix community, I find that the framing of fair use bears a striking similarity to what rhetoric scholars have termed vernacular discourse—a discourse emanating from a small segment of the larger civic community (Ono and Sloop 23). The vernacular is often framed as that which integrates the institutional or mainstream while simultaneously asserting its difference through appropriation and subversion. A video qualifies as fair use if it juxtaposes source material in a new way for the purposes of critique. In turn, a vernacular text asserts its “vernacularity” by taking up parts of pre-existing dominant institutional discourses in a way that resonates with a smaller community. My argument is that this tension between institutional and vernacular gives political remix video a multivalent argument—one that presents itself both in the text of the video itself as well as in the video’s status as a fair use of copyrighted material. Just as fair use represents the assertion of creator agency against unfair copyright law, vernacular discourse represents the assertion of a localised community within a world dominated by institutional discourses. In this way, remixers engage rights holders and other institutions in a pleasurable game of cat and mouse, a struggle to expose the boundaries of draconian copyright law. YouTube’s Commercial InterestsYouTube’s commercial interests operate at a level potentially invisible to the casual user. While users provide YouTube with content, they also provide the site with data—both metadata culled from their navigations of the site (page views, IP addresses) as well as member-provided data (such as real name and e-mail address). YouTube mines this data for a number of purposes—anything from interface optimisation to targeted advertising via Google’s AdSense. Users also perform a certain degree of labour to keep the site running smoothly, such as reporting videos that violate the Terms of Service, giving videos the thumbs up or thumbs down, and reporting spam comments. As such, users involved in YouTube’s participatory culture are also necessarily involved in the site’s commercial interests. While there are legitimate concerns regarding the privacy of personal information, especially after Google introduced policies in 2012 to facilitate a greater flow of information across all of their subsidiaries, it does not seem that this has diminished YouTube’s popularity (“Google: Privacy Policy”).Despite this, some make the argument that users provide the true benefit of UGC platforms like YouTube, yet reap few rewards, creating an exploitative dynamic (Van Dijck, 46). Two assumptions seem to underpin this argument: the first is that users do not desire to help these platforms prosper, the second is that users expect to profit from their efforts on the website. In response to these arguments, it’s worth calling attention to scholars who have used alternative economic models to account for user-platform coexistence. This is something that Henry Jenkins addresses in his recent book Spreadable Media, largely by focusing on assigning alternate sorts of value to user and fan labour—either the cultural worth of the gift, or the satisfaction of a job well done common to pre-industrial craftsmanship (61). However, there are still questions of how to account for participatory spaces in which labours of love coexist with massively profitable products. In service of this point, Jenkins calls up Lessig, who posits that many online networks operate as hybrid economies, which combine commercial and sharing economies. In a commercial economy, profit is the primary consideration, while a sharing economy is composed of participants who are there because they enjoy doing the work without any expectation of compensation (176). The strict separation between the two economies is, in Lessig’s estimation, essential to the hybrid economy’s success. While it would be difficult to incorporate these two economies together once each had been established, platforms like YouTube have always operated under the hybrid principle. YouTube’s users provide the site with its true value (through their uploading of content, provision of metadata, and...