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The advent of the camera : Technological rupture, gendered implications and legal continuity
Lake, Jessica
Lake, Jessica
Author
Lake, Jessica
Abstract
Technology and law both rest upon, acknowledge and borrow from their forebears, but the trajectory of technological development is distinct from legal precedent. The former thrives on innovative and creative leaps where non-linear progression is celebrated. The latter derives purpose and respect from its conservatism and predictability, adhering to established traditions. At moments of technological rupture, the law’s path forward becomes uncertain. By taking the advent of the photographic camera as its focus, this article comments upon the ways in which the law grapples to smooth over technological rupture and naturalize the outcomes of its often ambiguous and hesitant decisions. As the gendered battle for rights in a photographic image during the last few decades of the 19th century shows, the primary owner of copyright in a photograph was not naturally or obviously the photographer. This article encourages us to reflect upon moments of technological rupture and the process by which the once achievable or feasible becomes absurd or forgotten.
Keywords
technology, history, law, precedent, photograph, copyright, privacy, gender, camera, women, image
Date
2017
Type
Journal article
Journal
Law, Culture and the Humanities
Book
Volume
17
Issue
2
Page Range
172-183
Article Number
ACU Department
Institute for Humanities and Social Sciences
Faculty of Education and Arts
Faculty of Education and Arts
Collections
Relation URI
Source URL
Event URL
Open Access Status
License
All rights reserved
File Access
Controlled