Critical Commons
Roughly concurrent with the formation of the ANVC, the media archive Critical Commons was conceived and designed by Anderson and Loyer and in 2008 it received support from the MacArthur Foundation’s Digital Media and Learning initiative. Critical Commons is a non-traditional “archive” that is uniquely committed to access, preservation, and dissemination of copyrighted media under the protections of fair use. Virtually all of the media hosted and distributed by Critical Commons is contributed by an international community of scholars, educators, and media makers, many of whom have experienced media takedowns or legal threats when using commercial media sharing services. After six years online, with over 5000 media files in circulation, Critical Commons has never taken down a single piece of media in response to a copyright challenge. The ability to exercise fair use in the quotation of media sources is crucial to contemporary media and cultural studies, and Critical Commons may well be the only public archive dedicated specifically to supporting this type of fair use.
Like Scalar, the basic architecture and functionality of Critical Commons represents an instance of critical making through software development. The principle of transformation, which has been central to recent interpretations of fair use, is hard-coded into the workflow of users who upload media to the site. Unlike commercial media sharing venues, the basic “service” offered by Critical Commons is predicated on users possessing a working knowledge of the core principles of fair use and contextual transformation. Once a media file is uploaded, it does not become available for viewing or embedding until it has been linked to a text commentary. For some users, this requirement doubtless constitutes a source of frustration or a workflow bottleneck, but it is essential to the site’s most basic reason for existence. By integrating critical transformation into the workflow of the site, Critical Commons aims to elevate media uploading to an essential part of the curatorial and critical process.