CULTURE
G-strings for seven-year-olds! Whats
a parent to do?
By Cynthia Peters
Nov. 2 Two major media stories last summer offer
small windows into how mainstream culture views children, particularly
little girls. Alarming stories about sexy summer fashion choices
and alarming stories about innocent girls being abducted by
sadistic strangers suggest strange ideas about how adults relate
to children: first and foremost, it seems, we are simply alarmed
shocked by the harm that may come to them from out there.
Our innocents are not safe. Malevolent forces such as Abercrombie
& Fitch use glamorized teen nudity to sell low-slung jeans
to 10-year-olds and stalkers steal vulnerable children from
their bedroom communities.
In a recent ZNet commentary I wrote about the medias
exaggerated reporting on child abductions and the consequences
of nonsensical parental advice that essentially keeps children
under lock and key, renders parents confused and helpless, undermines
community, and never addresses many of the real dangers children
face.
Here, I will explore what it is that corporations are trying
to sell when they promote clothes that make our little girls
look like trussed-up sex objects, and how the media characterizes
parental responses. That is, we are either accomplices or helpless
ninnies standing on the sidelines wringing our hands in outrage
and despair.
As with the summers abduction stories, the message to
parents seems to be: you have brought your child into a world
full of out-of-control forces with no particular origin. We
are sorry about the maelstrom, but by way of comfort we offer
slivers of advice to which you may privately cling.
When it comes to exaggeratedly sexy clothes for kids, however,
there isnt even much advice. Instead, the media reports
on parents who are either gleefully jumping into the fray or
turning their heads and holding their noses in disgust.
Summer fashions for little girls this year included G-strings
and padded bras. So many boys. So little time, was
the slogan on one fitted T-shirt sold by Next to 6-year-olds.
Girls underwear features cherries, wink-wink,
and eye candy. My daughters 10-year-old friend
wears gym shorts with two hand prints on the back one
on each cheek helping us zero in on the spot supposedly
waiting to be grabbed, patted, or pinched.
Even the more sensible fashions for girls insist
on splashing Princess or Angel in pink
glitter across every top. Glitter is on everything from
jeans to eyeshadow. Pedicure sets for 7-year-olds are flying
off the shelves.
On July 29, 2002, the New York Times Magazine dedicated 6 pages
to full-length portraits of Babes in Coutureland
little girls who look to be between 6 and 10, striking
sexy poses, dressed in adult fashions, and sporting big hair
and come hither looks that create a jarring disconnect
with their baby-fat cheeks and missing front teeth.
Among the junior set, the article says, the
I-wanna-look-like-Mom trend continues unabated.
But fashion for girls has very little to do with what they want.
The girls in this particular fashion spread are dressed up,
made up, and manipulated by professionals who have something
they want to sell and who want to project rigid ideas of femininity
and sexuality onto a group that has no way of having its own
say.
The same is true for boys, though they get a much different
look. The three-page spread on the inside front cover of the
same issue of the New York Times Magazine is an ad for Ralph
Lauren Polo brand clothes for boys. Tough, unsmiling, mud-stained,
and on the move, these boys look serious, disheveled in a cute
sort of a way, and full of purpose that goes beyond what they
are wearing.
A lot of parents see their children as somewhat of an
accessory to themselves, says Erin Clack, market editor
at Childrens Business, a New York City-based apparel trade
publication. (The Houston Chronicle, August 04, 2002)
So is it parents who are guilty of using their offspring to
create miniature versions of themselves, little vehicles for
working out our own notions of feminine adornment and masculine
agency? There is something about the NYT pictures of little
girls in grown-up high-heels that seems to be trying to sell
us some idea of ourselves. Lets have the kids imitate
us so we feel better about ourselves. The boys, too, in their
almost comically sophisticated tweeds, betray how little these
clothes are actually about the boys who are wearing them.
Honey, I Shrunk Our Clothes, reads the headline
in the New York Times back to school fashion spread (August
25, 2002). Featuring everything from kid-size filofaxes to kid
knock-offs of grown-up loafers, the article exclaims, Now
children can follow in their parents footsteps without
missing a sartorial beat.
And we wouldnt want them to miss an ideological beat
either. In case they dont pick up on the proper cultural
cues, well just tell them how to interact with members
of the opposite sex:
Light blue toddler-size onesies for sale at Macys
department store feature a juvenile version of an adult personal
ad: Handsome future doctor seeks attractive female with
wealthy father. Must enjoy peanut butter, toy trucks, and frogs.
Oh, my, but isnt patriarchy adorable? See how the little
boys will have important careers and seek trophy wives who act
as conduits for male wealth and share their husbands interests
no matter how icky? (Frogs?! Yuck!)
Whats going on here? Arent there any grown-ups
in charge? Whos making this stuff? Whos buying it?
And how come the only people raising a ruckus are representatives
of Christian non-profits, such as the American Decency Association?
Well, we know what the corporate grown-ups are after. They
want to colonize the farthest reaches of our souls in order
to better make money off of us. Sexuality is a potentially dangerous
independent island nation a rogue state that must be
brought into service of the marketplace from a very early age.
Teach 7-year-olds that sexual expression is a matter of accessorizing
and youve secured a lifetime of purchases in the lingerie
department. Disassociate sex from non-market feelings (pleasure,
desire, intimacy) and associate it instead with consumable superficialities,
and youll not only keep the rabble in line, youll
have them lined up at the mall.
But what about parents? Were the ones buying this stuff
or allowing our kids to buy it. Some of us, apparently, are
quite enamored of the fashions. Make this in my size?
moms apparently ask as they shop for prom dresses and lace-up
hip-huggers for their teens (WSJ, 9/30/02).
At the other end of the spectrum, parents are simply outraged
or out of control. Mom is about out of money, honey,
says one oppressed parent, loaded down with clothes, trailing
after her 9-year-old during a recent shopping trip at Nordstroms
(LA Times, 6/27/02). I think its appalling, sexualizing
these girls at 9 and 10, says another. Its
disgusting, adds yet another. (Sunday Mail, 5/26/02)
Meanwhile, a spokesperson for a Christian non-profit warns
that corporate marketing ploys have little regard for
the innocence of young girls.
Theyre robbing the children of their childhood for
a dollar, adds the executive director of the American
Family Association (LA Times, 6/27/02).
As with the hyped-up stories of child abductions and the subsequent
barrage of ridiculous advice to parents, we are encouraged to
see ourselves and our children as vulnerable souls in a world
full of predators. But there is little mention of what we can
control or at least sustain, support, and nurture in
our children.
For one thing, we can be mature, responsible sexual beings,
and we can express this part of ourselves in diverse ways. Our
children are always watching and learning. They should have
plenty of evidence (from us) that corporations and brand names
do not define femininity/masculinity/sexuality, but that those
things are shaped by us from within, in dialog with others,
in community, joyfully, actively, responsibly, etc.
Additionally, we can seek ways to affirm our childrens
sexuality. Adults do not have a monopoly on it, after all. Maybe
our teens or even pre-teens are starting to think about touching
and being touched in more sexual ways. Maybe hand prints on
the rear end of gym shorts suggest something about this. Maybe
thats okay. Maybe not. But its not disgusting. Corporate
colonization of powerful feelings may be abhorrent, but lets
be careful not to let the abhorrence leak over towards the feelings
themselves.
Once again, it falls to parents to chart a sensible course
with no help from the media or the advice moguls. Rather than
standing around being outraged and afraid, lets build
towards a society that supports diverse, affirming, responsible
sexual expression; undermines corporate power to determine how
we express ourselves; and finds ways to support our children
to embrace the world, themselves, and their own sexuality.
Source: ZNet
Copyright and music: a history told in MP3s
By Madeleine Baran
In truth, literature, in science and in art, there are,
and can be, few, if any things, which in an abstract sense are
strictly new and original throughout. Every book in literature,
science, and art borrows, and must necessarily borrow, and use
much which was well known and used before. Supreme
Court Justice David Souter
Copyright lawsuits involving music have been based on the largely
mythical concept of originality. The process of making music
necessarily involves recycling notes, chords, and lyrics. The
attempt to carve out areas of ownership (chord progressions,
refrains, a riff) within the finite musical landscape immediately
gets bogged down in murky distinctions. Does borrowing a one-line
lyric constitute copyright infringement? How about two lines?
What happens when the songwriter wasnt even aware s/he
was copying another song? Is sampling legally different than
simple imitation?
In the courts, judges abide by the standards of fair
use, a set of guidelines codified in section 107 of the
Copyright Act. Traditionally used for resolving disputes about
written, academic material, the standards of fair use
state that reproduction of copyrighted work is only permissible
for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship,
or research. Applying this to the music business has been
a difficult and contradictory endeavor. Most judges focus on
whether the song in question comments on or criticizes the original.
If so and only if so the work is legally protected.
In the copyright cases below, originality, tradition, artistic
creation, and the law collide in an often confusing manner.
As these cases illustrate, copyright law is every bit as capricious
as it is complicated.
Gilbert OSullivan v. Biz Markie
Is sampling theft? When rapper Biz Markie sampled the melody
of Gilbert OSullivans 1972 hit Alone Again,
(Naturally) for his song Alone Again on his
1991 album I Need a Haircut, he was only following in the footsteps
of countless other rappers. Unlike the others, however, Markie
went to court. After OSullivan denied Markie the right
to use his song, Markie used the sample anyway, and OSullivan
filed suit. Ignoring the nuances of copyright law and artistic
creation, Judge Kevin Thomas Duffy likened Biz Markie to a common
thief, stating, Thou shalt not steal has been an admonition
followed since the dawn of civilization. Upon rendering
his verdict, which included an injunction against the future
distribution of the album and the song, Judge Duffy referred
the case to a US district attorney for possible criminal prosecution.
Although Biz never served time for his alleged violation of
the Seventh Commandment, the case did set the precedent for
viewing unlicensed sampling as a crime.
Wire and the Stranglers v. Elastica
The British band Elastica, devotees of 77 English punk,
were sued for copyright infringement in 1995 by two of their
idols. The art punk band Wires publisher sued Elastica
for using the intro guitar riff from Three Girl Rhumba
in the Elastica hit Connection. Elastica denied
the charges. Shortly thereafter, the Stranglers publishers
got into the action, claiming that Elastica used the riff from
No More Heroes in the song Waking Up.
Both cases were settled out of court for undisclosed sums.
Queen/David Bowie v. Vanilla Ice
Vanilla Ice used the main riff from David Bowie and Queens
song Under Pressure for his 1990 hit Ice Ice
Baby. Ice neglected to clear the sample or to credit Bowie/Queen
on the albums liner notes. Instead, he listed the songs
authors as himself, Earthquake, and Mr. Smooth. He was subsequently
sued by the copyright holders of Under Pressure,
and the case was settled out of court for an undisclosed sum.
Rolling Stones v. the Verve
After sampling a few bars of The Last Time by the
Rolling Stones, the Verve learned the hard way that you cant
always get what you want. Though the Verve received permission
to use the sample, lengthy negotiations with Stones publisher
ABKCO forced the band to cede the songs copyright to ABKCO
owner Allan Klein, and to give all royalties to Mick Jagger
and Keith Richards.
The sample that started the confusion is only a small piece
of the Verves Bittersweet Symphony. Verve
member Ashcroft explained, We sampled four bars. That
was on one track. Then we did 47 tracks of music beyond that
little piece. Weve got our own string players, our own
percussion on it. Guitars. Were talking about a four-bar
sample turning into Bitter Sweet Symphony and theyre
still claiming its the same song.
Incidentally, Allan Klein is known in the industry for his
tough tactics. He forced Janet Jackson to give up a portion
of the rights to her song Whatll I Do because
she sings the Satisfaction lyric hey hey hey,
thats what I say. He also squeezed George Michael
out of some of his royalties for quoting the Stones lyric
You cant always get what you want in the song
Waiting for the Day.
The Chiffons v. George Harrison
George Harrisons subconscious landed him in serious legal
trouble in 1970, when he was sued for aping the Chiffons
Hes so Fine with his song My Sweet Lord.
Harrison acknowledged his familiarity with the Chiffons
hit but claimed that he wrote his song without any attempt to
copy it. Judge Owen decided against Harrison, ruling, It
is clear that My Sweet Lord is the very same song
as Hes so Fine. Under the law, this is infringement
of copyright, and is no less so even though it may have been
subconsciously accomplished. Although the album featuring
My Sweet Lord was number one on the Billboard charts
for seven weeks, Harrison never received any royalties. About
the suit, Harrison remarked, I still dont understand
how the courts arent filled with similar cases as 99 percent
of the popular music that can be heard is reminiscent of something
or other.
Roy Orbison v. 2 Live Crew
When 2 Live Crew parodied the Roy Orbison classic Oh,
Pretty Woman in 1989, the band ended up in a major legal
dispute. The hip-hop group had offered to pay a licensing fee
and credit the songs writers but were refused by publisher
Acuff-Rose Music. 2 Live Crew went ahead with their version
of Pretty Woman anyway, and Acuff-Rose sued. The
case made it all the way to the US Supreme Court and marked
the first time the standards of fair use had been
applied to sampling. At the heart of the debate, according to
the Supreme Court, was whether 2 Live Crews song reasonably
could be perceived as commenting on the original or criticizing
it to some degree. Although sampling a small piece of
a song to criticize or parody the original is generally legally
permissible, musicians are not allowed to take the original
and transform it into a new piece. So if 2 Live Crew had sampled
Pretty Woman but had not made fun of it (or otherwise
commented on it), the band wouldnt have stood a chance
in court. (See the Verve case for an example of the trouble
artists get into when they create a new piece of music using
samples.) In a landmark decision, the justices found in favor
of 2 Live Crew. However, the Court ruled that parody should
be viewed in only a very strict sense, giving 2 Live Crew the
victory, but dissuading others from future unlicensed sampling.
Willie Dixon v. Led Zeppelin
When Shirley Dixon first heard Led Zeppelins Whole
Lotta Love, she recognized it as a song by her father,
famed blues musician Willie Dixon. Although Dixons song
You Need Love was popularized by Muddy Waters
cover in 1962, Dixon had never received money from either Waters
or Zeppelin. In 1985, he filed suit against Zeppelin, charging
copyright infringement. The case was eventually settled out
of court in Dixons favor for a large, undisclosed sum.
With a newfound understanding of the music industry, Dixon founded
the Blues Heaven Foundation, an organization devoted to helping
blues artists recover royalties.
Source: Illegal-art.org
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