title: Finding the Copyright balance: originality, authorisation and fair dealing in Canadian and New Zealand law

authors: Kingsbury, Anna

subjects: Copyright law

abstract: Copyright law is based on a balance between the need to provide incentives and rewards to authors on the one hand, and the need to ensure new creators have adequate access to existing works on the other. Recent years have seen a trend in copyright law toward extending rights for rights holders at the expense of users and the public domain. This trend has continued despite extensive critique from commentators internationally. At a normative level, debate continues over how copyright provisions should be interpreted in order to preserve the copyright balance, and in order to facilitate access to copyright works, particularly access for new creators.

text: Finding the Copyright balance: originality, authorisation and fair dealing in Canadian and New Zealand law Copyright law is based on a balance between the need to provide incentives and rewards to authors on the one hand, and the need to ensure new creators have adequate access to existing works on the other. Recent years have seen a trend in copyright law toward extending rights for rights holders at the expense of users and the public domain. This trend has continued despite extensive critique from commentators internationally. At a normative level, debate continues over how copyright provisions should be interpreted in order to preserve the copyright balance, and in order to facilitate access to copyright works, particularly access for new creators.

year: 2005

title: Toward a reconnection model for solar flare statistics

authors: Wheatland, M.S.

subjects: MHD—sun

abstract: A model to account for observed solar flare statistics in terms of a superposition of independent random flaring elements (assumed to be sites of magnetic reconnection in the coronal magnetic field and hence termed “separators”) is described. A separator of length  is assumed to flare as a Poisson process in time, with a rate v(l) inversely proportional to the Alfvén transit time for the structure. It is shown that a relationship ξ∞lk between the mean energy of events ξ at a separator and the separator length implies a relationship E∞Tk between individual waiting times τ and energies E of events at the separator. The most plausible K=2 model is found to be compatible with simple pictures for magnetohydrodynamic energy storage prior to magnetic reconnection in a current sheet with anomalous (turbulent) resistivity. Formal inversion of the observed flare frequency-energy distribution is shown to imply a distribution P(l) ∞l-1 of the separator lengths in active regions. A simulation confirms the basic results of the model. It is also demonstrated that a model comprising time-dependent separator numbers N=N(t) can reproduce an observed power-law tail in the flare waiting-time distribution, for large waiting times.

text: Toward a reconnection model for solar flare statistics A model to account for observed solar flare statistics in terms of a superposition of independent random flaring elements (assumed to be sites of magnetic reconnection in the coronal magnetic field and hence termed “separators”) is described. A separator of length  is assumed to flare as a Poisson process in time, with a rate v(l) inversely proportional to the Alfvén transit time for the structure. It is shown that a relationship ξ∞lk between the mean energy of events ξ at a separator and the separator length implies a relationship E∞Tk between individual waiting times τ and energies E of events at the separator. The most plausible K=2 model is found to be compatible with simple pictures for magnetohydrodynamic energy storage prior to magnetic reconnection in a current sheet with anomalous (turbulent) resistivity. Formal inversion of the observed flare frequency-energy distribution is shown to imply a distribution P(l) ∞l-1 of the separator lengths in active regions. A simulation confirms the basic results of the model. It is also demonstrated that a model comprising time-dependent separator numbers N=N(t) can reproduce an observed power-law tail in the flare waiting-time distribution, for large waiting times.

year: 2003-09

title: Listening at dawn: Trans* storywork for all my relations

authors: Luna-Pizano, Rafaela

subjects: Transgender

abstract: This is a love letter to trans* people: a reminder of our place and legacy of trans*formation. In the form of collaborative and ceremonial research, this PhD with creative practice component is an affirmation of embodied, elemental storytelling as a necessary practice for unearthing and grounding the traditional knowledge that Indigenous-Trans* (Indigi-Trans*) people carry within our body-spirits. This creative practice (co)research uplifts liminal states of being, as given to us by our elemental ancestors, in the decolonial project of Indigenous (encompassing Black and Trans*) body-land reclamation and restoration. By recognizing and nourishing the power of the between, this thesis remembers practices of place that are rooted in the body, often our last piece of ancestral land as displaced and diasporic Indigi-Trans* people. Spanning the coasts of Aotearoa-NZ to the west coast of Ixtlán (Turtle Island-US), this creative project listened to the somatic presence of Indigi-Trans* creators (co-researchers) who are in varying states of connection to their ancestral lands and traditions. To account for sudden and extreme shifts in safety and access due to the COVID-19 pandemic, I created online and on-site rituals to sustain connection and retrace our ancestors’ techniques of time and space travel. By engaging with body-awareness practices or ritual performances offered in this project, co-researchers and storytellers were able to experiment with ‘knew’ ways of engaging the ancestral power of place. As a member of the communities contributing to this project, I witnessed an important transformation within co-researchers from a sense of landlessness to a sense of infinite place. This transformation gave co-researchers and storytellers a new source of power, strengthening their spiritual-mental capacity to receive and grow (especially during the height of the COVID-19 pandemic). In a political climate of increasing backlash to trans* and Indigenous sovereignty, this creative project is a unique contribution to the kete, or basket of knowledge that we offer to the coming generations of trans*formational practitioners and scholars.
Situated within the realms of Indigenous, Queer, Xicana and Critical Black Trans* Feminist theories, this creative project also draws upon performance, sound, and poetic practice to hatch another creative methodology that centers place-based ritual. As I created this thesis in a liminal waterscape, crossing back and forth between Aotearoa and Ixtlán, colliding with the onset of the COVID-19 pandemic, I opened myself to theories generated by the lands that nourished me. Thus, a Kaupapa Māori and Mana Wahine informed approach emerges as the prow of this banka, or canoe that carries other Black, Indigenous and Trans* lineages of scholarship. From this fluid place of theory, my practice as an Indigi-
Trans* ritualist, poet, and sound artist grounds these theories in my body and the body-lands of my co-researchers. Together, we create a Kappi (Ilocano crab motif referencing Maui’s fishing up of our islands) methodology, or the underwater reflections of celestial movement as mapped by Indigi-Trans* freedom strategies. As the co-researchers and storytellers of this project demonstrate, many Indigi-Trans* people are (re)birthing and (re)creating life and possibility just by existing. Our power of place, in body and land, can link and strengthen all Indigenous sovereignty movements when our communities take up the call to foster each person’s fluid potential.
Although this entire project is creative, as a PhD with creative practice component, this project is an ebb and flow of written and other media components. Most of the ‘creative component’ occurred during the co-research stage of this thesis and has been documented via photographs, video, participant testimony, soundscapes, and poetry on a separate, companion website (https://transjoy.cargo.site/). These artifacts of ritual research are also discussed within the harvest (data) section of the written portion, but reader/listeners are encouraged to view the website in tandem. Poetry, narrative, and soundscapes (hyperlinks or bone icons) weave throughout the written portion to create a multi-sensory experience that privileges my roots in aural tradition. Together, the performances, website, poetry, and soundscapes constitute roughly thirty percent of the final thesis, weighing more heavily on a written portion of seventy percent. Listener/readers are encouraged to experience the written and multi-media portions in tandem, cycling back and forth in a playful spirit as the next step of creative practice: listener participation. Please enter this project with the care and excitement invited of all listeners when the storyteller asks, “are you ready to hear a story?”

text: Listening at dawn: Trans* storywork for all my relations This is a love letter to trans* people: a reminder of our place and legacy of trans*formation. In the form of collaborative and ceremonial research, this PhD with creative practice component is an affirmation of embodied, elemental storytelling as a necessary practice for unearthing and grounding the traditional knowledge that Indigenous-Trans* (Indigi-Trans*) people carry within our body-spirits. This creative practice (co)research uplifts liminal states of being, as given to us by our elemental ancestors, in the decolonial project of Indigenous (encompassing Black and Trans*) body-land reclamation and restoration. By recognizing and nourishing the power of the between, this thesis remembers practices of place that are rooted in the body, often our last piece of ancestral land as displaced and diasporic Indigi-Trans* people. Spanning the coasts of Aotearoa-NZ to the west coast of Ixtlán (Turtle Island-US), this creative project listened to the somatic presence of Indigi-Trans* creators (co-researchers) who are in varying states of connection to their ancestral lands and traditions. To account for sudden and extreme shifts in safety and access due to the COVID-19 pandemic, I created online and on-site rituals to sustain connection and retrace our ancestors’ techniques of time and space travel. By engaging with body-awareness practices or ritual performances offered in this project, co-researchers and storytellers were able to experiment with ‘knew’ ways of engaging the ancestral power of place. As a member of the communities contributing to this project, I witnessed an important transformation within co-researchers from a sense of landlessness to a sense of infinite place. This transformation gave co-researchers and storytellers a new source of power, strengthening their spiritual-mental capacity to receive and grow (especially during the height of the COVID-19 pandemic). In a political climate of increasing backlash to trans* and Indigenous sovereignty, this creative project is a unique contribution to the kete, or basket of knowledge that we offer to the coming generations of trans*formational practitioners and scholars.
Situated within the realms of Indigenous, Queer, Xicana and Critical Black Trans* Feminist theories, this creative project also draws upon performance, sound, and poetic practice to hatch another creative methodology that centers place-based ritual. As I created this thesis in a liminal waterscape, crossing back and forth between Aotearoa and Ixtlán, colliding with the onset of the COVID-19 pandemic, I opened myself to theories generated by the lands that nourished me. Thus, a Kaupapa Māori and Mana Wahine informed approach emerges as the prow of this banka, or canoe that carries other Black, Indigenous and Trans* lineages of scholarship. From this fluid place of theory, my practice as an Indigi-
Trans* ritualist, poet, and sound artist grounds these theories in my body and the body-lands of my co-researchers. Together, we create a Kappi (Ilocano crab motif referencing Maui’s fishing up of our islands) methodology, or the underwater reflections of celestial movement as mapped by Indigi-Trans* freedom strategies. As the co-researchers and storytellers of this project demonstrate, many Indigi-Trans* people are (re)birthing and (re)creating life and possibility just by existing. Our power of place, in body and land, can link and strengthen all Indigenous sovereignty movements when our communities take up the call to foster each person’s fluid potential.
Although this entire project is creative, as a PhD with creative practice component, this project is an ebb and flow of written and other media components. Most of the ‘creative component’ occurred during the co-research stage of this thesis and has been documented via photographs, video, participant testimony, soundscapes, and poetry on a separate, companion website (https://transjoy.cargo.site/). These artifacts of ritual research are also discussed within the harvest (data) section of the written portion, but reader/listeners are encouraged to view the website in tandem. Poetry, narrative, and soundscapes (hyperlinks or bone icons) weave throughout the written portion to create a multi-sensory experience that privileges my roots in aural tradition. Together, the performances, website, poetry, and soundscapes constitute roughly thirty percent of the final thesis, weighing more heavily on a written portion of seventy percent. Listener/readers are encouraged to experience the written and multi-media portions in tandem, cycling back and forth in a playful spirit as the next step of creative practice: listener participation. Please enter this project with the care and excitement invited of all listeners when the storyteller asks, “are you ready to hear a story?”

year: 2023