Adema
The Ethics of Emergent Creativity: Can We Move Beyond Writing as Human Enterprise, Commodity and Innovation?
2019


# 3\. The Ethics of Emergent Creativity: Can We Move Beyond Writing as Human
Enterprise, Commodity and Innovation?

Janneke Adema

© 2019 Janneke Adema, CC BY 4.0
[https://doi.org/10.11647/OBP.0159.03](https://doi.org/10.11647/OBP.0159.03)

In 2013, the Authors’ Licensing & Collecting Society
(ALCS)[1](ch3.xhtml#footnote-152) commissioned a survey of its members to
explore writers’ earnings and contractual issues in the UK. The survey, the
results of which were published in the summary booklet ‘What Are Words Worth
Now?’, was carried out by Queen Mary, University of London. Almost 2,500
writers — from literary authors to academics and screenwriters — responded.
‘What Are Words Worth Now?’ summarises the findings of a larger study titled
‘The Business Of Being An Author: A Survey Of Authors’ Earnings And
Contracts’, carried out by Johanna Gibson, Phillip Johnson and Gaetano Dimita
and published in April 2015 by Queen Mary University of
London.[2](ch3.xhtml#footnote-151) The ALCS press release that accompanies the
study states that this ‘shocking’ new research into authors’ earnings finds a
‘dramatic fall, both in incomes, and the number of those working full-time as
writers’.[3](ch3.xhtml#footnote-150) Indeed, two of the main findings of the
study are that, first of all, the income of a professional author (which the
research defines as those who dedicate the majority of their time to writing)
has dropped 29% between 2005 and 2013, from £12,330 (£15,450 in real terms) to
just £11,000. Furthermore, the research found that in 2005 40% of professional
authors earned their incomes solely from writing, where in 2013 this figure
had dropped to just 11.5%.[4](ch3.xhtml#footnote-149)

It seems that one of the primary reasons for the ALCS to conduct this survey
was to collect ‘accurate, independent data’ on writers’ earnings and
contractual issues, in order for the ALCS to ‘make the case for authors’
rights’ — at least, that is what the ALCS Chief Executive Owen Atkinson writes
in the introduction accompanying the survey, which was sent out to all ALCS
members.[5](ch3.xhtml#footnote-148) Yet although this research was conducted
independently and the researchers did not draw conclusions based on the data
collected — in the form of policy recommendations for example — the ALCS did
frame the data and findings in a very specific way, as I will outline in what
follows; this framing includes both the introduction to the survey and the
press release that accompanies the survey’s findings. Yet to some extent this
framing, as I will argue, is already apparent in the methodology used to
produce the data underlying the research report.

First of all, let me provide an example of how the research findings have been
framed in a specific way. Chief Executive Atkinson mentions in his
introduction to the survey that the ALCS ‘exists to ensure that writers are
treated fairly and remunerated appropriately’. He continues that the ALCS
commissioned the survey to collect ‘accurate, independent data,’ in order to
‘make the case for writers’ rights’.[6](ch3.xhtml#footnote-147) Now this focus
on rights in combination with remuneration is all the more noteworthy if we
look at an earlier ALCS funded report from 2007, ‘Authors’ Earnings from
Copyright and Non-Copyright Sources: a Survey of 25,000 British and German
Writers’. This report is based on the findings of a 2006 writers’ survey,
which the 2013 survey updates. The 2007 report argues conclusively that
current copyright law has empirically failed to ensure that authors receive
appropriate reward or remuneration for the use of their
work.[7](ch3.xhtml#footnote-146) The data from the subsequent 2013 survey show
an even bleaker picture as regards the earnings of writers. Yet Atkinson
argues in the press release accompanying the findings of the 2013 survey that
‘if writers are to continue making their irreplaceable contribution to the UK
economy, they need to be paid fairly for their work. This means ensuring
clear, fair contracts with equitable terms and a copyright regime that support
creators and their ability to earn a living from their
creations’.[8](ch3.xhtml#footnote-145) Atkinson does not outline what this
copyright regime should be, nor does he draw attention to how this model could
be improved. More importantly, the fact that a copyright model is needed to
ensure fair pay stands uncontested for Atkinson and the ALCS — not surprising
perhaps, as protecting and promoting the rights of authors is the primary
mission of this member society. If there is any culprit to be held responsible
for the study’s ‘shocking’ findings, it is the elusive and further undefined
notion of ‘the digital’. According to Atkinson, digital technology is
increasingly challenging the mission of the ALCS to ensure fair remuneration
for writers, since it is ‘driving new markets and leading the copyright
debate’.[9](ch3.xhtml#footnote-144) The 2013 study is therefore, as Atkinson
states ‘the first to capture the impact of the digital revolution on writers’
working lives’.[10](ch3.xhtml#footnote-143) This statement is all the more
striking if we take into consideration that none of the questions in the 2013
survey focus specifically on digital publishing.[11](ch3.xhtml#footnote-142)
It therefore seems that — despite earlier findings — the ALCS has already
decided in advance what ‘the digital’ is and that a copyright regime is the
only way to ensure fair remuneration for writers in a digital context.

## Creative Industries

This strong uncontested link between copyright and remuneration can be traced
back to various other aspects of the 2015 report and its release. For example,
the press release draws a strong connection between the findings of the report
and the development of the creative industries in the UK. Again, Atkinson
states in the press release:

These are concerning times for writers. This rapid decline in both author
incomes and in the numbers of those writing full-time could have serious
implications for the economic success of the creative industries in the
UK.[12](ch3.xhtml#footnote-141)

This connection to the creative industries — ‘which are now worth £71.4
billion per year to the UK economy’,[13](ch3.xhtml#footnote-140) Atkinson
points out — is not surprising where the discourse around creative industries
maintains a clear bond between intellectual property rights and creative
labour. As Geert Lovink and Ned Rossiter state in their MyCreativity Reader,
the creative industries consist of ‘the generation and exploitation of
intellectual property’.[14](ch3.xhtml#footnote-139) Here they refer to a
definition created as part of the UK Government’s Creative Industries Mapping
Document,[15](ch3.xhtml#footnote-138) which states that the creative
industries are ‘those industries which have their origin in individual
creativity, skill and talent and which have a potential for wealth and job
creation through the generation and exploitation of intellectual property’.
Lovink and Rossiter point out that the relationship between IP and creative
labour lies at the basis of the definition of the creative industries where,
as they argue, this model of creativity assumes people only create to produce
economic value. This is part of a larger trend Wendy Brown has described as
being quintessentially neoliberal, where ‘neoliberal rationality disseminates
the model of the market to all domains and activities’ — and this includes the
realm of politics and rights.[16](ch3.xhtml#footnote-137) In this sense the
economization of culture and the concept of creativity is something that has
become increasingly embedded and naturalised. The exploitation of intellectual
property stands at the basis of the creative industries model, in which
cultural value — which can be seen as intricate, complex and manifold —
becomes subordinated to the model of the market; it becomes economic
value.[17](ch3.xhtml#footnote-136)

This direct association of cultural value and creativity with economic value
is apparent in various other facets of the ALCS commissioned research and
report. Obviously, the title of the initial summary booklet, as a form of
wordplay, asks ‘What are words worth?’. It becomes clear from the context of
the survey that the ‘worth’ of words will only be measured in a monetary
sense, i.e. as economic value. Perhaps even more important to understand in
this context, however, is how this economic worth of words is measured and
determined by focusing on two fixed and predetermined entities in advance.
First of all, the study focuses on individual human agents of creativity (i.e.
creators contributing economic value): the value of writing is established by
collecting data and making measurements at the level of individual authorship,
addressing authors/writers as singular individuals throughout the survey.
Secondly, economic worth is further determined by focusing on the fixed and
stable creative objects authors produce, in other words the study establishes
from the outset a clear link between the worth and value of writing and
economic remuneration based on individual works of
writing.[18](ch3.xhtml#footnote-135) Therefore in this process of determining
the economic worth of words, ‘writers’ and/or ‘authors’ are described and
positioned in a certain way in this study (i.e. as the central agents and
originators of creative objects), as is the form their creativity takes in the
shape of quantifiable outputs or commodities. The value of both these units of
measurement (the creator and the creative objects) are then set off against
the growth of the creative industries in the press release.

The ALCS commissioned survey provides some important insights into how
authorship, cultural works and remuneration — and ultimately, creativity — is
currently valued, specifically in the context of the creative industries
discourse in the UK. What I have tried to point out — without wanting to
downplay the importance either of writers receiving fair remuneration for
their work or of issues related to the sustainability of creative processes —
is that the findings from this survey have both been extracted and
subsequently framed based on a very specific economic model of creativity (and
authorship). According to this model, writing and creativity are sustained
most clearly by an individual original creator (an author) who extracts value
from the work s/he creates and distributes, aided by an intellectual property
rights regime. As I will outline more in depth in what follows, the enduring
liberal and humanist presumptions that underlie this survey continuously
reinforce the links between the value of writing and established IP and
remuneration regimes, and support a vision in which authorship and creativity
are dependent on economic incentives and ownership of works. By working within
this framework and with these predetermined concepts of authorship and
creativity (and ‘the digital’) the ALCS is strongly committed to the upkeep of
a specific model and discourse of creativity connected to the creative
industries. The ALCS does not attempt to complicate this model, nor does it
search for alternatives even when, as the 2007 report already implies, the
existing IP model has empirically failed to support the remuneration of
writers appropriately.

I want to use this ALCS survey as a reference point to start problematising
existing constructions of creativity, authorship, ownership, and
sustainability in relation to the ethics of publishing. To explore what ‘words
are worth’ and to challenge the hegemonic liberal humanist model of creativity
— to which the ALCS adheres — I will examine a selection of theoretical and
practical publishing and writing alternatives, from relational and posthuman
authorship to radical open access and uncreative writing. These alternatives
do not deny the importance of fair remuneration and sustainability for the
creative process; however, they want to foreground and explore creative
relationalities that move beyond the individual author and her ownership of
creative objects as the only model to support creativity and cultural
exchange. By looking at alternatives while at the same time complicating the
values and assumptions underlying the dominant narrative for IP expansion, I
want to start imagining what more ethical, fair and emergent forms of
creativity might entail. Forms that take into consideration the various
distributed and entangled agencies involved in the creation of cultural
content — which are presently not being included in the ALCS survey on fair
remuneration, for example. As I will argue, a reconsideration of the liberal
and humanist model of creativity might actually create new possibilities to
consider the value of words, and with that perhaps new solutions to the
problems pointed out in the ALCS study.

## Relational and Distributed Authorship

One of the main critiques of the liberal humanist model of authorship concerns
how it privileges the author as the sole source and origin of creativity. Yet
the argument has been made, both from a historical perspective and in relation
to today’s networked digital environment, that authorship and creativity, and
with that the value and worth of that creativity, are heavily
distributed.[19](ch3.xhtml#footnote-134) Should we therefore think about how
we can distribute notions of authorship and creativity more ethically when
defining the worth and value of words too? Would this perhaps mean a more
thorough investigation of what and who the specific agencies involved in
creative production are? This seems all the more important given that, today,
‘the value of words’ is arguably connected not to (distributed) authors or
creative agencies, but to rights holders (or their intermediaries such as
agents).[20](ch3.xhtml#footnote-133) From this perspective, the problem with
the copyright model as it currently functions is that the creators of
copyright don’t necessarily end up benefiting from it — a point that was also
implied by the authors of the 2007 ALCS commissioned report. Copyright
benefits rights holders, and rights holders are not necessarily, and often not
at all, involved in the production of creative work.

Yet copyright and the work as object are knit tightly to the authorship
construct. In this respect, the above criticism notwithstanding, in a liberal
vision of creativity and ownership the typical unit remains either the author
or the work. This ‘solid and fundamental unit of the author and the work’ as
Foucault has qualified it, albeit challenged, still retains a privileged
position.[21](ch3.xhtml#footnote-132) As Mark Rose argues, authorship — as a
relatively recent cultural formation — can be directly connected to the
commodification of writing and to proprietorship. Even more it developed in
tandem with the societal principle of possessive individualism, in which
individual property rights are protected by the social
order.[22](ch3.xhtml#footnote-131)

Some of the more interesting recent critiques of these constructs of
authorship and proprietorship have come from critical and feminist legal
studies, where scholars such as Carys Craig have started to question these
connections further. As Craig, Turcotte and Coombe argue, IP and copyright are
premised on liberal and neoliberal assumptions and constructs, such as
ownership, private rights, self-interest and
individualism.[23](ch3.xhtml#footnote-130) In this sense copyright,
authorship, the work as object, and related discourses around creativity
continuously re-establish and strengthen each other as part of a self-
sustaining system. We have seen this with the discourse around creative
industries, as part of which economic value comes to stand in for the creative
process itself, which, according to this narrative, can only be sustained
through an IP regime. Furthermore, from a feminist new materialist position,
the current discourse on creativity is very much a material expression of
creativity rather than merely its representation, where this discourse has
been classifying, constructing, and situating creativity (and with that,
authorship) within a neoliberal framework of creative industries.

Moving away from an individual construct of creativity therefore immediately
affects the question of the value of words. In our current copyright model
emphasis lies on the individual original author, but in a more distributed
vision the value of words and of creative production can be connected to a
broader context of creative agencies. Historically there has been a great
discursive shift from a valuing of imitation or derivation to a valuing of
originality in determining what counts as creativity or creative output.
Similar to Rose, Craig, Turcotte and Coombe argue that the individuality and
originality of authorship in its modern form established a simple route
towards individual ownership and the propertisation of creative achievement:
the original work is the author’s ownership whereas the imitator or pirate is
a trespasser of thief. In this sense original authorship is
‘disproportionately valued against other forms of cultural expression and
creative play’, where copyright upholds, maintains and strengthens the binary
between imitator and creator — defined by Craig, Turcotte and Coombe as a
‘moral divide’.[24](ch3.xhtml#footnote-129) This also presupposes a notion of
creativity that sees individuals as autonomous, living in isolation from each
other, ignoring their relationality. Yet as Craig, Turcotte and Coombe argue,
‘the act of writing involves not origination, but rather the adaptation,
derivation, translation and recombination of “raw material” taken from
previously existing texts’.[25](ch3.xhtml#footnote-128) This position has also
been explored extensively from within remix studies and fan culture, where the
adaptation and remixing of cultural content stands at the basis of creativity
(what Lawrence Lessig has called Read/Write culture, opposed to Read/Only
culture).[26](ch3.xhtml#footnote-127) From the perspective of access to
culture — instead of ownership of cultural goods or objects — one could also
argue that its value would increase when we are able to freely distribute it
and with that to adapt and remix it to create new cultural content and with
that cultural and social value — this within a context in which, as Craig,
Turcotte and Coombe point out, ‘the continuous expansion of intellectual
property rights has produced legal regimes that restrict access and downstream
use of information resources far beyond what is required to encourage their
creation’[27](ch3.xhtml#footnote-126)

To move beyond Enlightenment ideals of individuation, detachment and unity of
author and work, which determine the author-owner in the copyright model,
Craig puts forward a post-structuralist vision of relational authorship. This
sees the individual as socially situated and constituted — based also on
feminist scholarship into the socially situated self — where authorship in
this vision is situated within the communities in which it exists, but also in
relation to the texts and discourses that constitute it. Here creativity takes
place from within a network of social relations and the social dimensions of
authorship are recognised, as connectivity goes hand in hand with individual
autonomy. Craig argues that copyright should not be defined out of clashing
rights and interests but should instead focus on the kinds of relationships
this right would structure; it should be understood in relational terms: ‘it
structures relationships between authors and users, allocating powers and
responsibilities amongst members of cultural communities, and establishing the
rules of communication and exchange’.[28](ch3.xhtml#footnote-125) Cultural
value is then defined within these relationships.

## Open Access and the Ethics of Care

Craig, Turcotte and Coombe draw a clear connection between relational
authorship, feminism and (the ideals of) the open access movement, where as
they state, ‘rather than adhering to the individuated form of authorship that
intellectual property laws presuppose, open access initiatives take into
account varying forms of collaboration, creativity and
development’.[29](ch3.xhtml#footnote-124) Yet as I and others have argued
elsewhere,[30](ch3.xhtml#footnote-123) open access or open access publishing
is not a solid ideological block or model; it is made up of disparate groups,
visions and ethics. In this sense there is nothing intrinsically political or
democratic about open access, practitioners of open access can just as well be
seen to support and encourage open access in connection with the neoliberal
knowledge economy, with possessive individualism — even with CC licenses,
which can be seen as strengthening individualism —[31](ch3.xhtml#footnote-122)
and with the unity of author and work.[32](ch3.xhtml#footnote-121)

Nevertheless, there are those within the loosely defined and connected
‘radical open access community’, that do envision their publishing outlook and
relationship towards copyright, openness and authorship within and as part of
a relational ethics of care.[33](ch3.xhtml#footnote-120) For example Mattering
Press, a scholar-led open access book publishing initiative founded in 2012
and launched in 2016, publishes in the field of Science and Technology Studies
(STS) and works with a production model based on cooperation and shared
scholarship. As part of its publishing politics, ethos and ideology, Mattering
Press is therefore keen to include various agencies involved in the production
of scholarship, including ‘authors, reviewers, editors, copy editors, proof
readers, typesetters, distributers, designers, web developers and
readers’.[34](ch3.xhtml#footnote-119) They work with two interrelated feminist
(new materialist) and STS concepts to structure and perform this ethos:
mattering[35](ch3.xhtml#footnote-118) and care.[36](ch3.xhtml#footnote-117)
Where it concerns mattering, Mattering Press is conscious of how their
experiment in knowledge production, being inherently situated, puts new
relationships and configurations into the world. What therefore matters for
them are not so much the ‘author’ or the ‘outcome’ (the object), but the
process and the relationships that make up publishing:

[…] the way academic texts are produced matters — both analytically and
politically. Dominant publishing practices work with assumptions about the
conditions of academic knowledge production that rarely reflect what goes on
in laboratories, field sites, university offices, libraries, and various
workshops and conferences. They tend to deal with almost complete manuscripts
and a small number of authors, who are greatly dependent on the politics of
the publishing industry.[37](ch3.xhtml#footnote-116)

For Mattering Press care is something that extends not only to authors but to
the many other actants involved in knowledge production, who often provide
free volunteer labour within a gift economy context. As Mattering Press
emphasises, the ethics of care ‘mark vital relations and practices whose value
cannot be calculated and thus often goes unacknowledged where logics of
calculation are dominant’.[38](ch3.xhtml#footnote-115) For Mattering Press,
care can help offset and engage with the calculative logic that permeates
academic publishing:

[…] the concept of care can help to engage with calculative logics, such as
those of costs, without granting them dominance. How do we calculate so that
calculations do not dominate our considerations? What would it be to care for
rather than to calculate the cost of a book? This is but one and arguably a
relatively conservative strategy for allowing other logics than those of
calculation to take centre stage in publishing.[39](ch3.xhtml#footnote-114)

This logic of care refers, in part, to making visible the ‘unseen others’ as
Joe Deville (one of Mattering Press’s editors) calls them, who exemplify the
plethora of hidden labour that goes unnoticed within this object and author-
focused (academic) publishing model. As Endre Danyi, another Mattering Press
editor, remarks, quoting Susan Leigh Star: ‘This is, in the end, a profoundly
political process, since so many forms of social control rely on the erasure
or silencing of various workers, on deleting their work from representations
of the work’.[40](ch3.xhtml#footnote-113)

## Posthuman Authorship

Authorship is also being reconsidered as a polyvocal and collaborative
endeavour by reflecting on the agentic role of technology in authoring
content. Within digital literature, hypertext and computer-generated poetry,
media studies scholars have explored the role played by technology and the
materiality of text in the creation process, where in many ways writing can be
seen as a shared act between reader, writer and computer. Lori Emerson
emphasises that machines, media or technology are not neutral in this respect,
which complicates the idea of human subjectivity. Emerson explores this
through the notion of ‘cyborg authorship’, which examines the relation between
machine and human with a focus on the potentiality of in-
betweenness.[41](ch3.xhtml#footnote-112) Dani Spinosa talks about
‘collaboration with an external force (the computer, MacProse, technology in
general)’.[42](ch3.xhtml#footnote-111) Extending from the author, the text
itself, and the reader as meaning-writer (and hence playing a part in the
author function), technology, she states, is a fourth term in this
collaborative meaning-making. As Spinosa argues, in computer-generated texts
the computer is more than a technological tool and becomes a co-producer,
where it can occur that ‘the poet herself merges with the machine in order to
place her own subjectivity in flux’.[43](ch3.xhtml#footnote-110) Emerson calls
this a ‘break from the model of the poet/writer as divinely inspired human
exemplar’, which is exemplified for her in hypertext, computer-generated
poetry, and digital poetry.[44](ch3.xhtml#footnote-109)

Yet in many ways, as Emerson and Spinosa also note, these forms of posthuman
authorship should be seen as part of a larger trend, what Rolf Hughes calls an
‘anti-authorship’ tradition focused on auto-poesis (self-making), generative
systems and automatic writing. As Hughes argues, we see this tradition in
print forms such as Oulipo and in Dada experiments and surrealist games
too.[45](ch3.xhtml#footnote-108) But there are connections here with broader
theories that focus on distributed agency too, especially where it concerns
the influence of the materiality of the text. Media theorists such as N.
Katherine Hayles and Johanna Drucker have extensively argued that the
materiality of the page is entangled with the intentionality of the author as
a further agency; Drucker conceptualises this through a focus on ‘conditional
texts’ and ‘performative materiality’ with respect to the agency of the
material medium (be it the printed page or the digital
screen).[46](ch3.xhtml#footnote-107)

Where, however, does the redistribution of value creation end in these
narratives? As Nick Montfort states with respect to the agency of technology,
‘should other important and inspirational mechanisms — my CD player, for
instance, and my bookshelves — get cut in on the action as
well?’[47](ch3.xhtml#footnote-106) These distributed forms of authorship do
not solve issues related to authorship or remuneration but further complicate
them. Nevertheless Montfort is interested in describing the processes involved
in these types of (posthuman) co-authorship, to explore the (previously
unexplored) relationships and processes involved in the authoring of texts
more clearly. As he states, this ‘can help us understand the role of the
different participants more fully’.[48](ch3.xhtml#footnote-105) In this
respect a focus on posthuman authorship and on the various distributed
agencies that play a part in creative processes is not only a means to disrupt
the hegemonic focus on a romantic single and original authorship model, but it
is also about a sensibility to (machinic) co-authorship, to the different
agencies involved in the creation of art, and playing a role in creativity
itself. As Emerson remarks in this respect: ‘we must be wary of granting a
(romantic) specialness to human intentionality — after all, the point of
dividing the responsibility for the creation of the poems between human and
machine is to disrupt the singularity of human identity, to force human
identity to intermingle with machine identity’.[49](ch3.xhtml#footnote-104)

## Emergent Creativity

This more relational notion of rights and the wider appreciation of the
various (posthuman) agencies involved in creative processes based on an ethics
of care, challenges the vision of the single individualised and original
author/owner who stands at the basis of our copyright and IP regime — a vision
that, it is worth emphasising, can be seen as a historical (and Western)
anomaly, where collaborative, anonymous, and more polyvocal models of
authorship have historically prevailed.[50](ch3.xhtml#footnote-103) The other
side of the Foucauldian double bind, i.e. the fixed cultural object that
functions as a commodity, has however been similarly critiqued from several
angles. As stated before, and as also apparent from the way the ALCS report
has been framed, currently our copyright and remuneration regime is based on
ownership of cultural objects. Yet as many have already made clear, this
regime and discourse is very much based on physical objects and on a print-
based context.[51](ch3.xhtml#footnote-102) As such the idea of ‘text’ (be it
print or digital) has not been sufficiently problematised as versioned,
processual and materially changing within an IP context. In other words, text
and works are mostly perceived as fixed and stable objects and commodities
instead of material and creative processes and entangled relationalities. As
Craig et al. state, ‘the copyright system is unfortunately employed to
reinforce the norms of the analog world’.[52](ch3.xhtml#footnote-101) In
contrast to a more relational perspective, the current copyright regime views
culture through a proprietary lens. And it is very much this discursive
positioning, or as Craig et al. argue ‘the language of “ownership,”
“property,” and “commodity”’, which ‘obfuscates the nature of copyright’s
subject matter, and cloaks the social and cultural conditions of its
production and the implications of its
protection’.[53](ch3.xhtml#footnote-100) How can we approach creativity in
context, as socially and culturally situated, and not as the free-standing,
stable product of a transcendent author, which is very much how it is being
positioned within an economic and copyright framework? This hegemonic
conception of creativity as property fails to acknowledge or take into
consideration the manifold, distributed, derivative and messy realities of
culture and creativity.

It is therefore important to put forward and promote another more emergent
vision of creativity, where creativity is seen as both processual and only
ever temporarily fixed, and where the work itself is seen as being the product
of a variety of (posthuman) agencies. Interestingly, someone who has written
very elaborately about a different form of creativity relevant to this context
is one of the authors of the ALCS commissioned report, Johanna Gibson. Similar
to Craig, who focuses on the relationality of copyright, Gibson wants to pay
more attention to the networking of creativity, moving it beyond a focus on
traditional models of producers and consumers in exchange for a ‘many-to-many’
model of creativity. For Gibson, IP as a system aligns with a corporate model
of creativity, one which oversimplifies what it means to be creative and
measures it against economic parameters alone.[54](ch3.xhtml#footnote-099) In
many ways in policy driven visions, IP has come to stand in for the creative
process itself, Gibson argues, and is assimilated within corporate models of
innovation. It has thus become a synonym for creativity, as we have seen in
the creative industries discourse. As Gibson explains, this simplified model
of creativity is very much a ‘discursive strategy’ in which the creator is
mythologised and output comes in the form of commodified
objects.[55](ch3.xhtml#footnote-098) In this sense we need to re-appropriate
creativity as an inherently fluid and uncertain concept and practice.

Yet this mimicry of creativity by IP and innovation at the same time means
that any re-appropriation of creativity from the stance of access and reuse is
targeted as anti-IP and thus as standing outside of formal creativity. Other,
more emergent forms of creativity have trouble existing within this self-
defining and sustaining hegemonic system. This is similar to what Craig
remarked with respect to remixed, counterfeit and pirated, and un-original
works, which are seen as standing outside the system. Gibson uses actor
network theory (ANT) as a framework to construct her network-based model of
creativity, where for her ANT allows for a vision that does not fix creativity
within a product, but focuses more on the material relationships and
interactions between users and producers. In this sense, she argues, a network
model allows for plural agencies to be attributed to creativity, including
those of users.[56](ch3.xhtml#footnote-097)

An interesting example of how the hegemonic object-based discourse of
creativity can be re-appropriated comes from the conceptual poet Kenneth
Goldsmith, who, in what could be seen as a direct response to this dominant
narrative, tries to emphasise that exactly what this discourse classifies as
‘uncreative’, should be seen as valuable in itself. Goldsmith points out that
appropriating is creative and that he uses it as a pedagogical method in his
classes on ‘Uncreative Writing’ (which he defines as ‘the art of managing
information and representing it as writing’[57](ch3.xhtml#footnote-096)). Here
‘uncreative writing’ is something to strive for and stealing, copying, and
patchwriting are elevated as important and valuable tools for writing. For
Goldsmith the digital environment has fostered new skills and notions of
writing beyond the print-based concepts of originality and authorship: next to
copying, editing, reusing and remixing texts, the management and manipulation
of information becomes an essential aspect of
creativity.[58](ch3.xhtml#footnote-095) Uncreative writing involves a
repurposing and appropriation of existing texts and works, which then become
materials or building blocks for further works. In this sense Goldsmith
critiques the idea of texts or works as being fixed when asking, ‘if artefacts
are always in flux, when is a historical work determined to be
“finished”?’[59](ch3.xhtml#footnote-094) At the same time, he argues, our
identities are also in flux and ever shifting, turning creative writing into a
post-identity literature.[60](ch3.xhtml#footnote-093) Machines play important
roles in uncreative writing, as active agents in the ‘managing of
information’, which is then again represented as writing, and is seen by
Goldsmith as a bridge between human-centred writing and full-blown
‘robopoetics’ (literature written by machines, for machines). Yet Goldsmith is
keen to emphasise that these forms of uncreative writing are not beholden to
the digital medium, and that pre-digital examples are plentiful in conceptual
literature and poetry. He points out — again by a discursive re-appropriation
of what creativity is or can be — that sampling, remixing and appropriation
have been the norm in other artistic and creative media for decades. The
literary world is lagging behind in this respect, where, despite the
experiments by modernist writers, it continues neatly to delineate avant-garde
from more general forms of writing. Yet as Goldsmith argues the digital has
started to disrupt this distinction again, moving beyond ‘analogue’ notions of
writing, and has fuelled with it the idea that there might be alternative
notions of writing: those currently perceived as
uncreative.[61](ch3.xhtml#footnote-092)

## Conclusion

There are two addendums to the argument I have outlined above that I would
like to include here. First of all, I would like to complicate and further
critique some of the preconceptions still inherent in the relational and
networked copyright models as put forward by Craig et al. and Gibson. Both are
in many ways reformist and ‘responsive’ models. Gibson, for example, does not
want to do away with IP rights, she wants them to develop and adapt to mirror
society more accurately according to a networked model of creativity. For her,
the law is out of tune with its public, and she wants to promote a more
inclusive networked (copy) rights model.[62](ch3.xhtml#footnote-091) For Craig
too, relationalities are established and structured by rights first and
foremost. Yet from a posthuman perspective we need to be conscious of how the
other actants involved in creativity would fall outside such a humanist and
subjective rights model.[63](ch3.xhtml#footnote-090) From texts and
technologies themselves to the wider environmental context and to other
nonhuman entities and objects: in what sense will a copyright model be able to
extend such a network beyond an individualised liberal humanist human subject?
What do these models exclude in this respect and in what sense are they still
limited by their adherence to a rights model that continues to rely on
humanist nodes in a networked or relational model? As Anna Munster has argued
in a talk about the case of the monkey selfie, copyright is based on a logic
of exclusion that does not line up with the assemblages of agentic processes
that make up creativity and creative expression.[64](ch3.xhtml#footnote-089)
How can we appreciate the relational and processual aspects of identity, which
both Craig and Gibson seem to want to promote, if we hold on to an inherently
humanist concept of subjectification, rights and creativity?

Secondly, I want to highlight that we need to remain cautious of a movement
away from copyright and the copyright industries, to a context of free culture
in which free content — and the often free labour it is based upon — ends up
servicing the content industries (i.e. Facebook, Google, Amazon). We must be
wary when access or the narrative around (open) access becomes dominated by
access to or for big business, benefitting the creative industries and the
knowledge economy. The danger of updating and adapting IP law to fit a
changing digital context and to new technologies, of making it more inclusive
in this sense — which is something both Craig and Gibson want to do as part of
their reformative models — is that this tends to be based on a very simplified
and deterministic vision of technology, as something requiring access and an
open market to foster innovation. As Sarah Kember argues, this technocratic
rationale, which is what unites pro-and anti-copyright activists in this
sense, essentially de-politicises the debate around IP; it is still a question
of determining the value of creativity through an economic perspective, based
on a calculative lobby.[65](ch3.xhtml#footnote-088) The challenge here is to
redefine the discourse in such a way that our focus moves away from a dominant
market vision, and — as Gibson and Craig have also tried to do — to emphasise
a non-calculative ethics of relations, processes and care instead.

I would like to return at this point to the ALCS report and the way its
results have been framed within a creative industries discourse.
Notwithstanding the fact that fair remuneration and incentives for literary
production and creativity in general are of the utmost importance, what I have
tried to argue here is that the ‘solution’ proposed by the ALCS does not do
justice to the complexities of creativity. When discussing remuneration of
authors, the ALCS seems to prefer a simple solution in which copyright is seen
as a given, the digital is pointed out as a generalised scapegoat, and
binaries between print and digital are maintained and strengthened.
Furthermore, fair remuneration is encapsulated by the ALCS within an economic
calculative logic and rhetoric, sustained by and connected to a creative
industries discourse, which continuously recreates the idea that creativity
and innovation are one. Instead I have tried to put forward various
alternative visions and practices, from radical open access to posthuman
authorship and uncreative writing, based on vital relationships and on an
ethics of care and responsibility. These alternatives highlight distributed
and relational authorship and/or showcase a sensibility that embraces
posthuman agencies and processual publishing as part of a more complex,
emergent vision of creativity, open to different ideas of what creativity is
and can become. In this vision creativity is thus seen as relational, fluid
and processual and only ever temporarily fixed as part of our ethical decision
making: a decision-making process that is contingent on the contexts and
relationships with which we find ourselves entangled. This involves asking
questions about what writing is and does, and how creativity expands beyond
our established, static, or given concepts, which include copyright and a
focus on the author as a ‘homo economicus’, writing as inherently an
enterprise, and culture as commodified. As I have argued, the value of words,
indeed the economic worth and sustainability of words and of the ‘creative
industries’, can and should be defined within a different narrative. Opening
up from the hegemonic creative industries discourse and the way we perform it
through our writing practices might therefore enable us to explore extended
relationalities of emergent creativity, open-ended publishing processes, and a
feminist ethics of care and responsibility.

This contribution has showcased examples of experimental, hybrid and posthuman
writing and publishing practices that are intervening in this established
discourse on creativity. How, through them, can we start to performatively
explore a new discourse and reconfigure the relationships that underlie our
writing processes? How can the worth of writing be reflected in different
ways?

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adema-pdsc14/>

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(Lueneburg: Centre for Digital Cultures (CDC)),


— and Gary Hall (2013) ‘The Political Nature of the Book: On Artists’ Books
and Radical Open Access’, New Formations 78.1, 138–56,


— and Samuel Moore (2018) ‘Collectivity and Collaboration: Imagining New Forms
of Communality to Create Resilience in Scholar-Led Publishing’, Insights 31.3,


ALCS, Press Release (8 July 2014) ‘What Are Words Worth Now? Not Enough’,


Barad, Karen (2007) Meeting the Universe Halfway: Quantum Physics and the
Entanglement of Matter and Meaning (Durham, N.C., and London: Duke University
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Boon, Marcus (2010) In Praise of Copying (Cambridge, MA: Harvard University
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Brown, Wendy (2015) Undoing the Demos: Neoliberalism’s Stealth Revolution
(Cambridge, MA: MIT Press).

Chartier, Roger (1994) The Order of Books: Readers, Authors, and Libraries in
Europe Between the 14th and 18th Centuries, 1st ed. (Stanford, CA: Stanford
University Press).

Craig, Carys J. (2011) Copyright, Communication and Culture: Towards a
Relational Theory of Copyright Law (Cheltenham, UK, and Northampton, MA:
Edward Elgar Publishing).

— Joseph F. Turcotte, and Rosemary J. Coombe (2011) ‘What’s Feminist About
Open Access? A Relational Approach to Copyright in the Academy’, Feminists@law
1.1,

Cramer, Florian (2013) Anti-Media: Ephemera on Speculative Arts (Rotterdam and
New York, NY: nai010 publishers).

Drucker, Johanna (2015) ‘Humanist Computing at the End of the Individual Voice
and the Authoritative Text’, in Patrik Svensson and David Theo Goldberg
(eds.), Between Humanities and the Digital (Cambridge, MA: MIT Press), pp.
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— (2014) ‘Distributed and Conditional Documents: Conceptualizing
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Materialidades da Literatura 2.1, 11–29.

— (2013) ‘Performative Materiality and Theoretical Approaches to Interface’,
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Ede, Lisa, and Andrea A. Lunsford (2001) ‘Collaboration and Concepts of
Authorship’, PMLA 116.2, 354–69.

Emerson, Lori (2008) ‘Materiality, Intentionality, and the Computer-Generated
Poem: Reading Walter Benn Michaels with Erin Moureacute’s Pillage Land’, ESC:
English Studies in Canada 34, 45–69.

— (2003) ‘Digital Poetry as Reflexive Embodiment’, in Markku Eskelinen, Raine
Koskimaa, Loss Pequeño Glazier and John Cayley (eds.), CyberText Yearbook
2002–2003, 88–106,

Foucault, Michel, ‘What Is an Author?’ (1998) in James D. Faubion (ed.),
Essential Works of Foucault, 1954–1984, Volume Two: Aesthetics, Method, and
Epistemology (New York: The New Press).

Gibson, Johanna (2007) Creating Selves: Intellectual Property and the
Narration of Culture (Aldershot, England and Burlington, VT: Routledge).

— Phillip Johnson and Gaetano Dimita (2015) The Business of Being an Author: A
Survey of Author’s Earnings and Contracts (London: Queen Mary University of
London), [https://orca.cf.ac.uk/72431/1/Final Report - For Web
Publication.pdf](https://orca.cf.ac.uk/72431/1/Final%20Report%20-%20For%20Web%20Publication.pdf)

Goldsmith, Kenneth (2011) Uncreative Writing: Managing Language in the Digital
Age (New York: Columbia University Press).

Hall, Gary (2010) ‘Radical Open Access in the Humanities’ (presented at the
Research Without Borders, Columbia University),
humanities/>

— (2008) Digitize This Book!: The Politics of New Media, or Why We Need Open
Access Now (Minneapolis, MN: University of Minnesota Press).

Hayles, N. Katherine (2004) ‘Print Is Flat, Code Is Deep: The Importance of
Media-Specific Analysis’, Poetics Today 25.1, 67–90,


Hughes, Rolf (2005) ‘Orderly Disorder: Post-Human Creativity’, in Proceedings
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Jenkins, Henry, and Owen Gallagher (2008) ‘“What Is Remix Culture?”: An
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Johns, Adrian (1998) The Nature of the Book: Print and Knowledge in the Making
(Chicago, IL: University of Chicago Press).

Kember, Sarah (2016) ‘Why Publish?’, Learned Publishing 29, 348–53,


— (2014) ‘Why Write?: Feminism, Publishing and the Politics of Communication’,
New Formations: A Journal of Culture/Theory/Politics 83.1, 99–116.

Kretschmer, M., and P. Hardwick (2007) Authors’ Earnings from Copyright and
Non-Copyright Sources : A Survey of 25,000 British and German Writers (Poole,
UK: CIPPM/ALCS Bournemouth University),
[https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ALCS-Full-
report.pdf](https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ACLS-
Full-report.pdf)

Lessig, Lawrence (2008) Remix: Making Art and Commerce Thrive in the Hybrid
Economy (New York: Penguin Press).

Lovink, Geert, and Ned Rossiter (eds.) (2007) MyCreativity Reader: A Critique
of Creative Industries (Amsterdam: Institute of Network Cultures),


McGann, Jerome J. (1992) A Critique of Modern Textual Criticism
(Charlottesville, VA: University of Virginia Press).

McHardy, Julien (2014) ‘Why Books Matter: There Is Value in What Cannot Be
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Mol, Annemarie (2008) The Logic of Care: Health and the Problem of Patient
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Montfort, Nick (2003) ‘The Coding and Execution of the Author’, in Markku
Eskelinen, Raine Kosimaa, Loss Pequeño Glazier and John Cayley (eds.),
CyberText Yearbook 2002–2003, 2003, 201–17,
, pp. 201–17.

Moore, Samuel A. (2017) ‘A Genealogy of Open Access: Negotiations between
Openness and Access to Research’, Revue Française des Sciences de
l’information et de la Communication 11,

Munster, Anna (2016) ‘Techno-Animalities — the Case of the Monkey Selfie’
(presented at the Goldsmiths University, London),


Navas, Eduardo (2012) Remix Theory: The Aesthetics of Sampling (Vienna and New
York: Springer).

Parikka, Jussi, and Mercedes Bunz (11 July 2014) ‘A Mini-Interview: Mercedes
Bunz Explains Meson Press’, Machinology,
meson-press/>

Richards, Victoria (7 January 2016) ‘Monkey Selfie: Judge Rules Macaque Who
Took Grinning Photograph of Himself “Cannot Own Copyright”’, The Independent,
macaque-who-took-grinning-photograph-of-himself-cannot-own-
copyright-a6800471.html>

Robbins, Sarah (2003) ‘Distributed Authorship: A Feminist Case-Study Framework
for Studying Intellectual Property’, College English 66.2, 155–71,


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Spinosa, Dani (14 May 2014) ‘“My Line (Article) Has Sighed”: Authorial
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Star, Susan Leigh (1991) ‘The Sociology of the Invisible: The Primacy of Work
in the Writings of Anselm Strauss’, in Anselm Leonard Strauss and David R.
Maines (eds.), Social Organization and Social Process: Essays in Honor of
Anselm Strauss (New York: A. de Grutyer).

* * *

[1](ch3.xhtml#footnote-152-backlink) The Authors’ Licensing and Collecting
Society is a [British](https://en.wikipedia.org/wiki/United_Kingdom)
membership organisation for writers, established in 1977 with over 87,000
members, focused on protecting and promoting authors’ rights. ALCS collects
and pays out money due to members for secondary uses of their work (copying,
broadcasting, recording etc.).

[2](ch3.xhtml#footnote-151-backlink) This survey was an update of an earlier
survey conducted in 2006 by the Centre of Intellectual Property Policy and
Management (CIPPM) at Bournemouth University.

[3](ch3.xhtml#footnote-150-backlink) ‘New Research into Authors’ Earnings
Released’, Authors’ Licensing and Collecting Society, 2014,
Us/News/News/What-are-words-worth-now-not-much.aspx>

[4](ch3.xhtml#footnote-149-backlink) Johanna Gibson, Phillip Johnson, and
Gaetano Dimita, The Business of Being an Author: A Survey of Author’s Earnings
and Contracts (London: Queen Mary University of London, 2015), p. 9,
[https://orca.cf.ac.uk/72431/1/Final Report - For Web Publication.pdf
](https://orca.cf.ac.uk/72431/1/Final%20Report%20-%20For%20Web%20Publication.pdf)

[5](ch3.xhtml#footnote-148-backlink) ALCS, Press Release. What Are Words Worth
Now? Not Enough, 8 July 2014, worth-now-not-enough>

[6](ch3.xhtml#footnote-147-backlink) Gibson, Johnson, and Dimita, The Business
of Being an Author, p. 35.

[7](ch3.xhtml#footnote-146-backlink) M. Kretschmer and P. Hardwick, Authors’
Earnings from Copyright and Non-Copyright Sources: A Survey of 25,000 British
and German Writers (Poole: CIPPM/ALCS Bournemouth University, 2007), p. 3,
[https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ALCS-Full-
report.pdf](https://microsites.bournemouth.ac.uk/cippm/files/2007/07/ACLS-
Full-report.pdf)

[8](ch3.xhtml#footnote-145-backlink) ALCS, Press Release, 8 July 2014,
[https://www.alcs.co.uk/news/what-are-words-](https://www.alcs.co.uk/news
/what-are-words-worth-now-not-enough)
worth-now-not-enough

[9](ch3.xhtml#footnote-144-backlink) Gibson, Johnson, and Dimita, The Business
of Being an Author, p. 35.

[10](ch3.xhtml#footnote-143-backlink) Ibid.

[11](ch3.xhtml#footnote-142-backlink) In the survey, three questions that
focus on various sources of remuneration do list digital publishing and/or
online uses as an option (questions 8, 11, and 15). Yet the data tables
provided in the appendix to the report do not provide the findings for
questions 11 and 15 nor do they differentiate according to type of media for
other tables related to remuneration. The only data table we find in the
report related to digital publishing is table 3.3, which lists ‘Earnings
ranked (1 to 7) in relation to categories of work’, where digital publishing
ranks third after books and magazines/periodicals, but before newspapers,
audio/audio-visual productions and theatre. This lack of focus on the effect
of digital publishing on writers’ incomes, for a survey that is ‘the first to
capture the impact of the digital revolution on writers’ working lives’, is
quite remarkable. Gibson, Johnson, and Dimita, The Business of Being an
Author, Appendix 2.

[12](ch3.xhtml#footnote-141-backlink) Ibid., p. 35.

[13](ch3.xhtml#footnote-140-backlink) Ibid.

[14](ch3.xhtml#footnote-139-backlink) Geert Lovink and Ned Rossiter (eds.),
MyCreativity Reader: A Critique of Creative Industries (Amsterdam: Institute
of Network Cultures, 2007), p. 14,


[15](ch3.xhtml#footnote-138-backlink) See:
estimates-january-2015/creative-industries-economic-estimates-january-2015
-key-findings>

[16](ch3.xhtml#footnote-137-backlink) Wendy Brown, Undoing the Demos:
Neoliberalism’s Stealth Revolution (Cambridge, MA: MIT Press, 2015), p. 31.

[17](ch3.xhtml#footnote-136-backlink) Therefore Lovink and Rossiter make a
plea to, ‘redefine creative industries outside of IP generation’. Lovink and
Rossiter, MyCreativity Reader, p. 14.

[18](ch3.xhtml#footnote-135-backlink) Next to earnings made from writing more
in general, the survey on various occasions asks questions about earnings
arising from specific categories of works and related to the amount of works
exploited (published/broadcast) during certain periods. Gibson, Johnson, and
Dimita, The Business of Being an Author, Appendix 2.

[19](ch3.xhtml#footnote-134-backlink) Roger Chartier, The Order of Books:
Readers, Authors, and Libraries in Europe Between the 14th and 18th Centuries,
1st ed. (Stanford: Stanford University Press, 1994); Lisa Ede and Andrea A.
Lunsford, ‘Collaboration and Concepts of Authorship’, PMLA 116.2 (2001),
354–69; Adrian Johns, The Nature of the Book: Print and Knowledge in the
Making (Chicago, IL: University of Chicago Press, 1998); Jerome J. McGann, A
Critique of Modern Textual Criticism (Charlottesville, VA, University of
Virginia Press, 1992); Sarah Robbins, ‘Distributed Authorship: A Feminist
Case-Study Framework for Studying Intellectual Property’, College English 66.2
(2003), 155–71,

[20](ch3.xhtml#footnote-133-backlink) The ALCS survey addresses this problem,
of course, and tries to lobby on behalf of its authors for fair contracts with
publishers and intermediaries. That said, the survey findings show that only
42% of writers always retain their copyright. Gibson, Johnson, and Dimita, The
Business of Being an Author, p. 12.

[21](ch3.xhtml#footnote-132-backlink) Michel Foucault, ‘What Is an Author?’,
in James D. Faubion (ed.), Essential Works of Foucault, 1954–1984, Volume Two:
Aesthetics, Method, and Epistemology (New York: The New Press, 1998), p. 205.

[22](ch3.xhtml#footnote-131-backlink) Mark Rose, Authors and Owners: The
Invention of Copyright (Cambridge, MA: Harvard University Press, 1993).

[23](ch3.xhtml#footnote-130-backlink) Carys J. Craig, Joseph F. Turcotte, and
Rosemary J. Coombe, ‘What’s Feminist About Open Access? A Relational Approach
to Copyright in the Academy’, Feminists@law 1.1 (2011),


[24](ch3.xhtml#footnote-129-backlink) Ibid., p. 8.

[25](ch3.xhtml#footnote-128-backlink) Ibid., p. 9.

[26](ch3.xhtml#footnote-127-backlink) Lawrence Lessig, Remix: Making Art and
Commerce Thrive in the Hybrid Economy (New York: Penguin Press, 2008); Eduardo
Navas, Remix Theory: The Aesthetics of Sampling (Vienna and New York:
Springer, 2012); Henry Jenkins and Owen Gallagher, ‘“What Is Remix Culture?”:
An Interview with Total Recut’s Owen Gallagher’, Confessions of an Aca-Fan,
2008,

[27](ch3.xhtml#footnote-126-backlink) Craig, Turcotte, and Coombe, ‘What’s
Feminist About Open Access?, p. 27.

[28](ch3.xhtml#footnote-125-backlink) Ibid., p. 14.

[29](ch3.xhtml#footnote-124-backlink) Ibid., p. 26.

[30](ch3.xhtml#footnote-123-backlink) Janneke Adema, ‘Open Access’, in
Critical Keywords for the Digital Humanities (Lueneburg: Centre for Digital
Cultures (CDC), 2014), ; Janneke Adema,
‘Embracing Messiness’, LSE Impact of Social Sciences, 2014,
adema-pdsc14/>; Gary Hall, Digitize This Book!: The Politics of New Media, or
Why We Need Open Access Now (Minneapolis, MN: University of Minnesota Press,
2008), p. 197; Sarah Kember, ‘Why Write?: Feminism, Publishing and the
Politics of Communication’, New Formations: A Journal of
Culture/Theory/Politics 83.1 (2014), 99–116; Samuel A. Moore, ‘A Genealogy of
Open Access: Negotiations between Openness and Access to Research’, Revue
Française des Sciences de l’information et de la Communication, 2017,


[31](ch3.xhtml#footnote-122-backlink) Florian Cramer, Anti-Media: Ephemera on
Speculative Arts (Rotterdam and New York: nai010 publishers, 2013).

[32](ch3.xhtml#footnote-121-backlink) Especially within humanities publishing
there is a reluctance to allow derivative uses of one’s work in an open access
setting.

[33](ch3.xhtml#footnote-120-backlink) In 2015 the Radical Open Access
Conference took place at Coventry University, which brought together a large
array of presses and publishing initiatives (often academic-led) in support of
an ‘alternative’ vision of open access and scholarly communication.
Participants in this conference subsequently formed the loosely allied Radical
Open Access Collective: [radicaloa.co.uk](https://radicaloa.co.uk/). As the
conference concept outlines, radical open access entails ‘a vision of open
access that is characterised by a spirit of on-going creative experimentation,
and a willingness to subject some of our most established scholarly
communication and publishing practices, together with the institutions that
sustain them (the library, publishing house etc.), to rigorous critique.
Included in the latter will be the asking of important questions about our
notions of authorship, authority, originality, quality, credibility,
sustainability, intellectual property, fixity and the book — questions that
lie at the heart of what scholarship is and what the university can be in the
21st century’. Janneke Adema and Gary Hall, ‘The Political Nature of the Book:
On Artists’ Books and Radical Open Access’, New Formations 78.1 (2013),
138–56, ; Janneke Adema and Samuel
Moore, ‘Collectivity and Collaboration: Imagining New Forms of Communality to
Create Resilience In Scholar-Led Publishing’, Insights 31.3 (2018),
; Gary Hall, ‘Radical Open Access in the
Humanities’ (presented at the Research Without Borders, Columbia University,
2010), humanities/>; Janneke Adema, ‘Knowledge Production Beyond The Book? Performing
the Scholarly Monograph in Contemporary Digital Culture’ (PhD dissertation,
Coventry University, 2015),
f4c62c77ac86/1/ademacomb.pdf>

[34](ch3.xhtml#footnote-119-backlink) Julien McHardy, ‘Why Books Matter: There
Is Value in What Cannot Be Evaluated’, Impact of Social Sciences, 2014, n.p.,
[http://blogs.lse.ac.uk/impactofsocial sciences/2014/09/30/why-books-
matter/](http://blogs.lse.ac.uk/impactofsocialsciences/2014/09/30/why-books-
matter/)

[35](ch3.xhtml#footnote-118-backlink) Karen Barad, Meeting the Universe
Halfway: Quantum Physics and the Entanglement of Matter and Meaning (Durham,
N.C. and London: Duke University Press, 2007).

[36](ch3.xhtml#footnote-117-backlink) Annemarie Mol, The Logic of Care: Health
and the Problem of Patient Choice, 1st ed. (London and New York: Routledge,
2008).

[37](ch3.xhtml#footnote-116-backlink) Sebastian Abrahamsson and others,
‘Mattering Press: New Forms of Care for STS Books’, The EASST Review 32.4
(2013), press-new-forms-of-care-for-sts-books/>

[38](ch3.xhtml#footnote-115-backlink) McHardy, ‘Why Books Matter’.

[39](ch3.xhtml#footnote-114-backlink) Ibid.

[40](ch3.xhtml#footnote-113-backlink) Susan Leigh Star, ‘The Sociology of the
Invisible: The Primacy of Work in the Writings of Anselm Strauss’, in Anselm
Leonard Strauss and David R. Maines (eds.), Social Organization and Social
Process: Essays in Honor of Anselm Strauss (New York: A. de Gruyter, 1991).
Mattering Press is not alone in exploring an ethics of care in relation to
(academic) publishing. Sarah Kember, director of Goldsmiths Press is also
adamant in her desire to make the underlying processes of publishing (i.e.
peer review, citation practices) more transparent and accountable Sarah
Kember, ‘Why Publish?’, Learned Publishing 29 (2016), 348–53,
. Mercedes Bunz, one of the editors running
Meson Press, argues that a sociology of the invisible would incorporate
‘infrastructure work’, the work of accounting for, and literally crediting
everybody involved in producing a book: ‘A book isn’t just a product that
starts a dialogue between author and reader. It is accompanied by lots of
other academic conversations — peer review, co-authors, copy editors — and
these conversations deserve to be taken more serious’. Jussi Parikka and
Mercedes Bunz, ‘A Mini-Interview: Mercedes Bunz Explains Meson Press’,
Machinology, 2014, mercedes-bunz-explains-meson-press/>. For Open Humanities Press authorship is
collaborative and even often anonymous: for example, they are experimenting
with research published in wikis to further complicate the focus on single
authorship and a static marketable book object within academia (see their
living and liquid books series).

[41](ch3.xhtml#footnote-112-backlink) Lori Emerson, ‘Digital Poetry as
Reflexive Embodiment’, in Markku Eskelinen, Raine Koskimaa, Loss Pequeño
Glazier and John Cayley (eds.), CyberText Yearbook 2002–2003, 2003, 88–106,


[42](ch3.xhtml#footnote-111-backlink) Dani Spinosa, ‘“My Line (Article) Has
Sighed”: Authorial Subjectivity and Technology’, Generic Pronoun, 2014,


[43](ch3.xhtml#footnote-110-backlink) Spinosa, ‘My Line (Article) Has Sighed’.

[44](ch3.xhtml#footnote-109-backlink) Emerson, ‘Digital Poetry as Reflexive
Embodiment’, p. 89.

[45](ch3.xhtml#footnote-108-backlink) Rolf Hughes, ‘Orderly Disorder: Post-
Human Creativity’, in Proceedings of the Linköping Electronic Conference
(Linköpings universitet: University Electronic Press, 2005).

[46](ch3.xhtml#footnote-107-backlink) N. Katherine Hayles, ‘Print Is Flat,
Code Is Deep: The Importance of Media-Specific Analysis’, Poetics Today 25.1
(2004), 67–90, ; Johanna Drucker,
‘Performative Materiality and Theoretical Approaches to Interface’, Digital
Humanities Quarterly 7.1 (2013),
; Johanna
Drucker, ‘Distributed and Conditional Documents: Conceptualizing
Bibliographical Alterities’, MATLIT: Revista do Programa de Doutoramento em
Materialidades da Literatura 2.1 (2014), 11–29.

[47](ch3.xhtml#footnote-106-backlink) Nick Montfort, ‘The Coding and Execution
of the Author’, in Markku Eskelinen, Raine Kosimaa, Loss Pequeño Glazier and
John Cayley (eds.), CyberText Yearbook 2002–2003, 2003, 201–17 (p. 201),


[48](ch3.xhtml#footnote-105-backlink) Montfort, ‘The Coding and Execution of
the Author’, p. 202.

[49](ch3.xhtml#footnote-104-backlink) Lori Emerson, ‘Materiality,
Intentionality, and the Computer-Generated Poem: Reading Walter Benn Michaels
with Erin Moureacute’s Pillage Land’, ESC: English Studies in Canada 34
(2008), 66.

[50](ch3.xhtml#footnote-103-backlink) Marcus Boon, In Praise of Copying
(Cambridge, MA: Harvard University Press, 2010); Johanna Drucker, ‘Humanist
Computing at the End of the Individual Voice and the Authoritative Text’, in
Patrik Svensson and David Theo Goldberg (eds.), Between Humanities and the
Digital (Cambridge, MA: MIT Press, 2015), pp. 83–94.

[51](ch3.xhtml#footnote-102-backlink) We have to take into consideration here
that print-based cultural products were never fixed or static; the dominant
discourses constructed around them just perceive them to be so.

[52](ch3.xhtml#footnote-101-backlink) Craig, Turcotte, and Coombe, ‘What’s
Feminist About Open Access?’, p. 2.

[53](ch3.xhtml#footnote-100-backlink) Ibid.

[54](ch3.xhtml#footnote-099-backlink) Johanna Gibson, Creating Selves:
Intellectual Property and the Narration of Culture (Aldershot, UK, and
Burlington: Routledge, 2007), p. 7.

[55](ch3.xhtml#footnote-098-backlink) Gibson, Creating Selves, p. 7.

[56](ch3.xhtml#footnote-097-backlink) Ibid.

[57](ch3.xhtml#footnote-096-backlink) Kenneth Goldsmith, Uncreative Writing:
Managing Language in the Digital Age (New York: Columbia University Press,
2011), p. 227.

[58](ch3.xhtml#footnote-095-backlink) Ibid., p. 15.

[59](ch3.xhtml#footnote-094-backlink) Goldsmith, Uncreative Writing, p. 81.

[60](ch3.xhtml#footnote-093-backlink) Ibid.

[61](ch3.xhtml#footnote-092-backlink) It is worth emphasising that what
Goldsmith perceives as ‘uncreative’ notions of writing (including
appropriation, pastiche, and copying), have a prehistory that can be traced
back to antiquity (thanks go out to this chapter’s reviewer for pointing this
out). One example of this, which uses the method of cutting and pasting —
something I have outlined more in depth elsewhere — concerns the early modern
commonplace book. Commonplacing as ‘a method or approach to reading and
writing involved the gathering and repurposing of meaningful quotes, passages
or other clippings from published books by copying and/or pasting them into a
blank book.’ Janneke Adema, ‘Cut-Up’, in Eduardo Navas (ed.), Keywords in
Remix Studies (New York and London: Routledge, 2017), pp. 104–14,


[62](ch3.xhtml#footnote-091-backlink) Gibson, Creating Selves, p. 27.

[63](ch3.xhtml#footnote-090-backlink) For example, animals cannot own
copyright. See the case of Naruto, the macaque monkey that took a ‘selfie’
photograph of itself. Victoria Richards, ‘Monkey Selfie: Judge Rules Macaque
Who Took Grinning Photograph of Himself “Cannot Own Copyright”’, The
Independent, 7 January 2016, /monkey-selfie-judge-rules-macaque-who-took-grinning-photograph-of-himself-
cannot-own-copyright-a6800471.html>

[64](ch3.xhtml#footnote-089-backlink) Anna Munster, ‘Techno-Animalities — the
Case of the Monkey Selfie’ (presented at the Goldsmiths University, London,
2016),

[65](ch3.xhtml#footnote-088-backlink) Sarah Kember, ‘Why Write?: Feminism,
Publishing and the Politics of Communication’, New Formations: A Journal of
Culture/Theory/Politics 83.1 (2014), 99–116.

Stankievech
Letter to the Superior Court of Quebec Regarding Arg.org
2016


Letter to the Superior Court of Quebec Regarding Arg.org

Charles Stankievech
19 January 2016

To the Superior Court of Quebec:
I am writing in support of the online community and library platform called “Arg.org” (also known under additional aliases and
urls including “aaaaarg.org,” “grr.aaaaarg.org,” and most recently
“grr.aaaaarg.fail”). It is my understanding that a copyright infringement lawsuit has been leveled against two individuals who
support this community logistically. This letter will address what
I believe to be the value of Arg.org to a variety of communities
and individuals; it is written to encompass my perspective on the
issue from three distinct positions: (1) As Director of the Visual
Studies Program, Faculty of Architecture, Landscape, and Design,
University of Toronto, where I am a professor and oversee three
degree streams for both graduate and undergraduate students;
(2) As the co-director of an independent publishing house based
in Berlin, Germany, and Toronto, Canada, which works with international institutions around the world; (3) As a scholar and writer
who has published in a variety of well-regarded international
journals and presses. While I outline my perspective in relation to
these professional positions below, please note that I would also
be willing to testify via video-conference to further articulate
my assessment of Arg.org’s contribution to a diverse international
community of artists, scholars, and independent researchers.
98

Essay continuing from page 49

“Warburgian tradition.”47 If we consider the Warburg Library
in its simultaneous role as a contained space and the reflection
of an idiosyncratic mental energy, General Stumm’s aforementioned feeling of “entering an enormous brain” seems an
especially concise description. Indeed, for Saxl the librarian,
“the books remain a body of living thought as Warburg had
planned,”48 showing “the limits and contents of his scholarly
worlds.”49 Developed as a research tool to solve a particular
intellectual problem—and comparable on a number of levels
to exhibition-led inquiry—Aby Warburg’s organically structured, themed library is a three-dimensional instance of a library that performatively articulates and potentiates itself,
which is not yet to say exhibits, as both spatial occupation and
conceptual arrangement, where the order of things emerges
experimentally, and in changing versions, from the collection
and its unusual cataloging.50

47

48
49
50

Saxl speaks of “many tentative and personal excrescences” (“The History of
Warburg’s Library,” 331). When Warburg fell ill in 1920 with a subsequent fouryear absence, the library was continued by Saxl and Gertrud Bing, the new and
later closest assistant. Despite the many helpers, according to Saxl, Warburg always
remained the boss: “everything had the character of a private book collection, where
the master of the house had to see it in person that the bills were paid in time,
that the bookbinder chose the right material, or that neither he nor the carpenter
delivering a new shelf over-charged” (Ibid., 329).
Ibid., 331.
Ibid., 329.
A noteworthy aside: Gertrud Bing was in charge of keeping a meticulous index of
names and keywords; evoking the library catalog of Borges’s fiction, Warburg even
kept an “index of un-indexed books.” See Diers, “Porträt aus Büchern,” 21.

99

1. Arg.org supports a collective & semiprivate community of
academics & intellectuals.
As the director of a graduate-level research program at the University of Toronto, I have witnessed first-hand the evolution
of academic research. Arg.org has fostered a vibrant community
of thinkers, students, and writers, who can share their research
and create new opportunities for collaboration and learning
because of the knowledge infrastructure provided by the platform.
The accusation of copyright infringement leveled against the
community misses the point of the research platform altogether.
While there are texts made available for download at no expense
through the Arg.org website, it is essential to note that these texts
are not advertised, nor are they accessible to the general public.
Arg.org is a private community whose sharing platform can only
be accessed by invitation. Such modes of sharing have always
existed in academic communities; for example, when a group of
professors would share Xerox copies of articles they want to read
together as part of a collaborative research project. Likewise,
it would be hard to imagine a community of readers at any time
in history without the frequent lending and sharing of books.
From this perspective, Arg.org should be understood within a
twenty-first century digital ethos, where the sharing of intellectual
property and the generation of derivative IP occurs through collaborative platforms. On this point, I want to draw further attention
to two fundamental aspects of Arg.org.
a. One essential feature of the Arg.org platform is that it gives
invited users the ability to create reading lists from available texts—
what are called on the website “collections.” These collections
are made up of curated folders containing text files (usually in
Portable Document Format); such collections allow for new and
novel associations of texts, and the development of working
bibliographies that assist in research. Users can discover previously unfamiliar materials—including entire books and excerpted
chapters, essays, and articles—through these shared collections.
Based on the popularity of previous collections I have personally
assembled on the Arg.org platform, I have been invited to give
100

In the Memory Hall of Reproductions
Several photographs document how the Warburg Library was
also a backdrop for Warburg’s picture panels, the wood boards
lined with black fabric, which, not unlike contemporary mood
boards, held the visual compositions he would assemble and
re-assemble from around 2,000 photographs, postcards, and
printed reproductions cut out of books and newspapers.
Sometimes accompanied by written labels or short descriptions, the panels served as both public displays and researchin-process, and were themselves photographed with the aim
to eventually be disseminated as book pages in publications.
In the end, not every publishing venture was realized, and
most panels themselves were even lost along the way; in fact,
today, the panel photographs are the only visual remainder of
this type of research from the Warburg Institute. Probably the
most acclaimed of the panels are those which Warburg developed in close collaboration with his staff during the last years
of his life and from which he intended to create a sequential
picture atlas of human memory referred to as the Mnemosyne
Atlas. Again defying the classical boundaries of the disciplines, Warburg had appropriated visual material from the
archives of art history, natural philosophy, and science to
vividly evoke and articulate his thesis through the creation of
unprecedented associations. Drawing an interesting analogy,
the following statement from Warburg scholar Kurt Forster
underlines the importance of the panels for the creation of
meaning:
Warburg’s panels belong into the realm of the montage à la Schwitters or Lissitzky. Evidently, such a

101

guest lectures at various international venues; such invitations
demonstrate that this cognitive work is considered original
research and a valuable intellectual exercise worthy of further
discussion.
b. The texts uploaded to the Arg.org platform are typically documents scanned from the personal libraries of users who have
already purchased the material. As a result, many of the documents are combinations of the original published text and annotations or notes from the reader. Commentary is a practice that
has been occurring for centuries; in Medieval times, the technique
of adding commentary directly onto a published page for future
readers to read alongside the original writing was called “Glossing.”
Much of the philosophy, theology, and even scientific theories
were originally produced in the margins of other texts. For example, in her translation and publication of Charles Babbage’s lecture
on the theory of the first computer, Ada Lovelace had more notes
than the original lecture. Even though the text was subsequently
published as Babbage’s work, today modern scholarship acknowledges Lovelace as important voice in the theorization of the
modern computer due to these vital marginal notes.
2. Arg.org supports small presses.
Since 2011, I have been the co-founder and co-director of
K. Verlag, an independent press based in Berlin, Germany, and
Toronto, Canada. The press publishes academic books on art
and culture, as well as specialty books on art exhibitions. While
I am aware of the difficulties faced by small presses in terms of
profitability, especially given fears that the sharing of books online
could further hurt book sales; however, my experience has been
in the opposite direction. At K. Verlag, we actually upload our new
publications directly to Arg.org because we know the platform
reaches an important community of readers and thinkers. Fully
conscious of the uniqueness of printed books and their importance, digital circulation of ebooks and scanned physical books
present a range of different possibilities in reaching our audiences
in a variety of ways. Some members of Arg.org may be too
102

comparison does not need to claim artistic qualities
for Warburg’s panels, nor does it deny them regarding
Schwitters’s or Lissitzky’s collages. It simply lifts the
role of graphic montage from the realm of the formal
into the realm of the construction of meaning.51
Interestingly, even if Forster makes a point not to categorize
Warburg’s practice as art, in twentieth-century art theory and
visual culture scholarship, his idiosyncratic technique has
evidently been mostly associated with art practice. In fact,
insofar as Warburg is acknowledged (together with Marcel
Duchamp and, perhaps, the less well-known André Malraux),
it is as one of the most important predecessors for artists
working with the archive.52 Forster articulates the traditional
assumption that only artists were “allowed” to establish idiosyncratic approaches and think with objects outside of the
box. However, within the relatively new discourse of the
“curatorial,” contra the role of the “curator,” the curatorial
delineates its territory as that which is no longer defined exclusively by what the curator does (i.e. responsibilities of classification and care) but rather as a particular agency in terms of
epistemologically and spatially working with existing materials and collections. Consequently, figures such as Warburg
51
52

Kurt Forster, quoted in Benjamin H.D. Buchloh, “Gerhard Richter’s Atlas: Das anomische Archiv,” in Paradigma Fotografie: Fotokritik am Ende des fotografischen Zeitalters,
ed. Herta Wolf (Frankfurt/M.: Suhrkamp Verlag, 2002), 407, with further references.
One such example is the Atlas begun by Gerhard Richter in 1962; another is
Thomas Hirschhorn’s large-format, mixed-media collage series MAPS. Entitled
Foucault-Map (2008), The Map of Friendship Between Art and Philosophy (2007),
and Hannah-Arendt-Map (2003), these works are partly made in collaboration
with the philosopher Marcus Steinweg. They bring a diverse array of archival and
personal documents or small objects into associative proximities and reflect the
complex impact philosophy has had on Hirschhorn’s art and thinking.

103

poor to afford to buy our books (eg. students with increasing debt,
precarious artists, or scholars in countries lacking accessible
infrastructures for high-level academic research). We also realize
that Arg.org is a library-community built over years; the site
connects us to communities and individuals making original work
and we are excited if our books are shared by the writers, readers,
and artists who actively support the platform. Meanwhile, we
have also seen that readers frequently discover books from our
press through a collection of books on Arg.org, download the
book for free to browse it, and nevertheless go on to order a print
copy from our shop. Even when this is not the case, we believe
in the environmental benefit of Arg.org; printing a book uses
valuable resources and then requires additional shipping around
the world—these practices contradict our desire for the broadest
dissemination of knowledge through the most environmentallyconscious of means.
3. Arg.org supports both official institutional academics
& independent researchers.
As a professor at the University of Toronto, I have access to one
of the best library infrastructures in the world. In addition to
core services, this includes a large number of specialty libraries,
archives, and massive online resources for research. Such
an investment by the administration of the university is essential
to support the advanced research conducted in the numerous
graduate programs and by research chairs. However, there are
at least four ways in which the official, sanctioned access to these
library resources can at times fall short.
a. Physical limitations. While the library might have several copies
of a single book to accommodate demand, it is often the case
that these copies are simultaneously checked out and therefore
not available when needed for teaching or writing. Furthermore,
the contemporary academic is required to constantly travel for
conferences, lectures, and other research obligations, but travelling with a library is not possible. Frequently while I am working
abroad, I access Arg.org to find a book which I have previously
104

and Malraux, who thought apropos objects in space (even
when those objects are dematerialized as reproductions),
become productive forerunners across a range of fields: from
art, through cultural studies and art history, to the curatorial.
Essential to Warburg’s library and Mnemosyne Atlas, but
not yet articulated explicitly, is that the practice of constructing two-dimensional, heterogeneous image clusters shifts the
value between an original work of art and its mechanical
reproduction, anticipating Walter Benjamin’s essay written a
decade later.53 While a museum would normally exhibit an
original of Albrecht Dürer’s Melencolia I (1514) so it could be
contemplated aesthetically (admitting that even as an etching
it is ultimately a form of reproduction), when inserted as a
quotidian reprint into a Warburgian constellation and exhibited within a library, its “auratic singularity”54 is purposefully
challenged. Favored instead is the iconography of the image,
which is highlighted by way of its embeddedness within a
larger (visual-emotional-intellectual) economy of human consciousness.55 As it receives its impetus from the interstices
53

54
55

One of the points Benjamin makes in “The Artwork in the Age of Mechanical
Reproduction” is that reproducibility increases the “exhibition value” of a work of art,
meaning its relationship to being viewed is suddenly valued higher than its
relationship to tradition and ritual (“cult value”); a process which, as Benjamin writes,
nevertheless engenders a new “cult” of remembrance and melancholy (224–26).
Benjamin defines “aura” as the “here and now” of an object, that is, as its spatial,
temporal, and physical presence, and above all, its uniqueness—which in his
opinion is lost through reproduction. Ibid., 222.
It is worth noting that Warburg wrote his professorial dissertation on Albrecht
Dürer. Another central field of his study was astrology, which Warburg examined
from historical and philosophical perspectives. It is thus not surprising to find
out that Dürer’s Melencolia I (1514), addressing the relationship between the
human and the cosmos, was of the highest significance to Warburg as a recurring
theme. The etching is shown, for instance, as image 8 of Plate 58, “Kosmologie bei
Dürer” (Cosmology in Dürer); reproduced in Warnke, ed., Aby Moritz Warburg:
Der Bilderatlas Mnemosyne, Gesammelte Schriften, Vol. 1, 106–7. The connections

105

purchased, and which is on my bookshelf at home, but which
is not in my suitcase. Thus, the Arg.org platform acts as a patch
for times when access to physical books is limited—although
these books have been purchased (either by the library or the
reader herself) and the publisher is not being cheated of profit.
b. Lack of institutional affiliation. The course of one’s academic
career is rarely smooth and is increasingly precarious in today’s
shift to a greater base of contract sessional instructors. When
I have been in-between institutions, I lost access to the library
resources upon which my research and scholarship depended.
So, although academic publishing functions in accord with library
acquisitions, there are countless intellectuals—some of whom
are temporary hires or in-between job appointments, others whom
are looking for work, and thus do not have access to libraries.
In this position, I would resort to asking colleagues and friends
to share their access or help me by downloading articles through
their respective institutional portals. Arg.org helps to relieve
this precarity through a shared library which allows scholarship
to continue; Arg.org is thus best described as a community of
readers who share their research and legally-acquired resources
so that when someone is researching a specific topic, the adequate book/essay can be found to fulfill the academic argument.
c. Special circumstances of non-traditional education. Several
years ago, I co-founded the Yukon School of Visual Arts in
Dawson City as a joint venture between an Indigenous government and the State college. Because we were a tiny school,
we did not fit into the typical academic brackets regarding student
population, nor could we access the sliding scale economics
of academic publishers. As a result, even the tiniest package for
a “small” academic institution would be thousands of times larger
than our population and budget. As a result, neither myself
nor my students could access the essential academic resources
required for a post-secondary education. I attempted to solve this
problem by forging partnerships, pulling in favors, and accessing
resources through platforms like Arg.org. It is important to realize
106

among text and image, visual display and publishing, the
expansive space of the library and the dense volume of the
book, Aby Warburg’s wide-ranging work appears to be best
summarized by the title of one of the Mnemosyne plates:
“Book Browsing as a Reading of the Universe.”56

To the Paper Museum
Warburg had already died before Benjamin theorized the
impact of mechanical reproduction on art in 1935. But it is
Malraux who claims to have embarked on a lengthy, multipart project about similitudes in the artistic heritage of the
world in exactly the same year, and for whom, in opposition
to the architectonic space of the museum, photographic
reproduction, montage, and the book are the decisive filters
through which one sees the world. At the outset of his book
Le Musée imaginaire (first published in 1947),57 Malraux argues
that the secular modern museum has been crucial in reframing and transforming objects into art, both by displacing
them from their original sacred or ritual context and purpose,
and by bringing them into proximity and adjacency
with one another, thereby opening new possible readings

56
57

and analogies between Warburg’s image-based research and his theoretical ideas,
and von Trier’s Melancholia, are striking; see Anna-Sophie Springer’s visual essay
“Reading Rooms Reading Machines” on p. 91 of this book.
“Buchblättern als Lesen des Universums,” Plate 23a, reproduced in Warnke, Aby
Moritz Warburg: Der Bilderatlas Mnemosyne, Gesammelte Schriften, Vol. 1, 38–9.
The title of the English translation, The Museum Without Walls, by Stuart Gilbert
and Francis Price (London: Secker & Warburg, 1967), must be read in reference
to Erasmus’s envisioning of a “library without walls,” made possible through the
invention of the printing press, as Anthony Grafton mentions in his lecture, “The
Crisis of Reading,” The CUNY Graduate Center, New York, 10 November 2014.

107

that Arg.org was founded to meet these grassroots needs; the
platform supports a vast number of educational efforts, including
co-research projects, self-organized reading groups, and numerous other non-traditional workshops and initiatives.
d. My own writing on Arg.org. While using the platform, I have frequently come across my own essays and publications on the
site; although I often upload copies of my work to Arg.org myself,
these copies had been uploaded by other users. I was delighted
to see that other users found my publications to be of value and
were sharing my work through their curated “collections.” In some
cases, I held outright exclusive copyright on the text and I was
pleased it was being distributed. In other rare cases, I shared the
copyright or was forced to surrender my IP prior to publication;
I was still happy to see this type of document uploaded. I realize
it is not within my authority to grant copyright that is shared,
however, the power structure of contemporary publishing is often
abusive towards the writer. Massive, for-profit corporations have
dominated the publishing of academic texts and, as a result of
their power, have bullied young academics into signing away their
IP in exchange for publication. Even the librarians at Harvard
University—who spend over $3.75 million USD annually on journal subscriptions alone—believe that the economy of academic
publishing and bullying by a few giants has crossed a line, to the
point where they are boycotting certain publishers and encouraging faculty to publish instead in open access journals.
I want to conclude my letter of support by affirming that
Arg.org is at the cutting edge of academic research and knowledge
production. Sean Dockray, one of the developers of Arg.org,
is internationally recognized as a leading thinker regarding the
changing nature of research through digital platforms; he is regularly invited to academic conferences to discuss how the community on the Arg.org platform is experimenting with digital research.
Reading, publishing, researching, and writing are all changing
rapidly as networked digital culture influences professional and
academic life more and more frequently. Yet, our legal frameworks and business models are always slower than the practices

(“metamorphoses”) of individual objects—and, even more
critically, producing the general category of art itself. As
exceptions to this process, Malraux names those creations that
are so embedded in their original architecture that they defy
relocation in the museum (such as church windows, frescoes,
or monuments); this restriction of scale and transportation, in
fact, resulted in a consistent privileging of painting and sculpture within the museological apparatus.58
Long before networked societies, with instant Google
Image searches and prolific photo blogs, Malraux dedicated
himself to the difficulty of accessing works and oeuvres
distributed throughout an international topography of institutions. He located a revolutionary solution in the dematerialization and multiplication of visual art through photography
and print, and, above all, proclaimed that an imaginary museum
based on reproductions would enable the completion of a
meaningful collection of artworks initiated by the traditional
museum.59 Echoing Benjamin’s theory regarding the power of
the reproduction to change how art is perceived, Malraux
writes, “Reproduction is not the origin but a decisive means
for the process of intellectualization to which we subject art.
58

59

I thank the visual culture scholar Antonia von Schöning for pointing me to
Malraux after reading my previous considerations of the book-as-exhibition. Von
Schöning herself is author of the essay “Die universelle Verwandtschaft zwischen
den Bildern: André Malraux’Musée Imaginaire als Familienalbum der Kunst,”
kunsttexte.de, April 2012, edoc.hu-berlin.de/kunsttexte/2012-1/von-schoening
-antonia-5/PDF/von-schoening.pdf.
André Malraux, Psychologie der Kunst: Das imaginäre Museum (Baden-Baden:
Woldemar Klein Verlag, 1949), 9; see also Rosalind Krauss, “The Ministry of
Fate,” in A New History of French Literature, ed. Denis Hollier (Cambridge, MA
and London: Harvard University Press, 1989), 1000–6: “The photographic archive
itself, insofar as it is the locale of a potentially complete assemblage of world
artifacts, is a repository of knowledge in a way that no individual museum could
ever be” (1001).

109

of artists and technologists. Arg.org is a non-profit intellectual
venture and should therefore be considered as an artistic experiment, a pedagogical project, and an online community of coresearchers; it should not be subject to the same legal judgments
designed to thwart greedy profiteers and abusive practices.
There are certainly some documents to be found on Arg.org that
have been obtained by questionable or illegal means—every
Web 2.0 platform is bound to find such examples, from Youtube
to Facebook; however, such examples occur as a result of a small
number of participant users, not because of two dedicated individuals who logistically support the platform. A strength of Arg.org
and a source of its experimental vibrancy is its lack of policing,
which fosters a sense of freedom and anonymity which are both
vital elements for research within a democratic society and
the foundations of any library system. As a result of this freedom,
there are sometimes violations of copyright. However, since
Arg.org is a committed, non-profit community-library, such transgressions occur within a spirit of sharing and fair use that characterize this intellectual community. This sharing is quite different
from the popular platform Academia.edu, which is searchable
by non-users and acquires value by monetizing its articles through
the sale of digital advertising space and a nontransparent investment exit strategy. Arg.org is the antithesis of such a model
and instead fosters a community of learning through its platform.
Please do not hesitate to contact me for further information,
or to testify as a witness.
Regards,
Charles Stankievech,
Director of Visual Studies Program, University of Toronto
Co-Director of K. Verlag, Berlin & Toronto

… Medieval works, as diverse as the tapestry, the glass window,
the miniature, the fresco, and the sculpture become united as
one family if reproduced together on one page.”60 In his search
for a common visual rhetoric, Malraux went further than
merely arranging creations from one epoch and cultural sphere
by attempting to collect and directly juxtapose artworks and
artifacts from very diverse and distant cultural, historical, and
geographic contexts.
His richly illustrated series of books thus functions as a
utopian archive of new temporalities of art liberated from
history and scale by de-contextualizing and re-situating the
works, or rather their reproduced images, in unorthodox combinations. Le Musée imaginaire was thus an experimental virtual
museum intended to both form a repository of knowledge and
provide a space of association and connection that could not
be sustained by any other existing place or institution. From an
art historical point of view—Malraux was not a trained scholar
and was readily criticized by academics—his theoretical
assumptions of “universal kinship” (von Schöning) and the
“anti-destiny” of art have been rejected. His material selection
process and visual appropriation and manipulation through
framing, lighting, and scale, have also been criticized for their
problematic and often controversial—one could say, colonizing—implications.61 Among the most recent critics is the art
historian Walter Grasskamp, who argues that Malraux moreover might well have plagiarized the image-based work of the
60
61

André Malraux, Das imaginäre Museum, 16.
See the two volumes of Georges Duthuit, Le Musée Inimaginable (Paris: J. Corti,
1956); Ernst Gombrich, “André Malraux and the Crisis of Expressionism,” The
Burlington Magazine 96 (1954): 374–78; Michel Merlot, “L’art selon André Malraux,
du Musée imaginaire à l’Inventaire general,” In Situ 1 (2001), www.insitu.revues
.org/1053; and von Schöning, “Die universelle Verwandtschaft zwischen den Bildern.”

111


Fuller
The Indexalist
2016


## The Indexalist

### From Mondotheque

#####

[Matthew Fuller](/wiki/index.php?title=Matthew_Fuller "Matthew Fuller")

I first spoke to the patient in the last week of that August. That evening the
sun was tender in drawing its shadows across the lines of his face. The eyes
gazed softly into a close middle distance, as if composing a line upon a
translucent page hung in the middle of the air, the hands tapping out a stanza
or two of music on legs covered by the brown folds of a towelling dressing
gown. He had the air of someone who had seen something of great amazement but
yet lacked the means to put it into language. As I got to know the patient
over the next few weeks I learned that this was not for the want of effort.

In his youth he had dabbled with the world-speak language Volapük, one
designed to do away with the incompatibility of tongues, to establish a
standard in which scientific intercourse might be conducted with maximum
efficiency and with minimal friction in movement between minds, laboratories
and publications. Latin biological names, the magnificent table of elements,
metric units of measurement, the nomenclature of celestial objects from clouds
to planets, anatomical parts and medical conditions all had their own systems
of naming beyond any specific tongue. This was an attempt to bring reason into
speech and record, but there were other means to do so when reality resisted
these early measures.

The dabbling, he reflected, had become a little more than that. He had
subscribed to journals in the language, he wrote letters to colleagues and
received them in return. A few words of world-speak remained readily on his
tongue, words that he spat out regularly into the yellow-wallpapered lounge of
the sanatorium with a disgust that was lugubriously palpable.

According to my records, and in piecing together the notes of previous
doctors, there was something else however, something more profound that the
language only hinted at. Just as the postal system did not require the
adoption of any language in particular but had its formats that integrated
them into addressee, address line, postal town and country, something that
organised the span of the earth, so there was a sense of the patient as having
sustained an encounter with a fundamental form of organisation that mapped out
his soul. More thrilling than the question of language indeed was that of the
system of organisation upon which linguistic symbols are inscribed. I present
for the reader’s contemplation some statements typical of those he seemed to
mull over.

“The index card system spoke to my soul. Suffice it to say that in its use I
enjoyed the highest form of spiritual pleasure, and organisational efficiency,
a profound flowering of intellect in which every thought moved between its
enunciation, evidence, reference and articulation in a mellifluous flow of
ideation and the gratification of curiosity.” This sense of the soul as a
roving enquiry moving across eras, across forms of knowledge and through the
serried landscapes of the vast planet and cosmos was returned to over and
over, a sense that an inexplicable force was within him yet always escaping
his touch.

“At every reference stood another reference, each more interesting than the
last. Each the apex of a pyramid of further reading, pregnant with the threat
of digression, each a thin high wire which, if not observed might lead the
author into the fall of error, a finding already found against and written
up.” He mentions too, a number of times, the way the furniture seemed to
assist his thoughts - the ease of reference implied by the way in which the
desk aligned with the text resting upon the pages of the off-print, journal,
newspaper, blueprint or book above which further drawers of cards stood ready
in their cabinet. All were integrated into the system. And yet, amidst these
frenetic recollections there was a note of mourning in his contemplative
moods, “The superposition of all planes of enquiry and of thought in one
system repels those for whom such harmonious speed is suspicious.” This
thought was delivered with a stare that was not exactly one of accusation, but
that lingered with the impression that there was a further statement to follow
it, and another, queued up ready to follow.

As I gained the trust of the patient, there was a sense in which he estimated
me as something of a junior collaborator, a clerk to his natural role as
manager. A lucky, if slightly doubtful, young man whom he might mentor into
efficiency and a state of full access to information. For his world, there was
not the corruption and tiredness of the old methods. Ideas moved faster in his
mind than they might now across the world. To possess a register of thoughts
covering a period of some years is to have an asset, the value of which is
almost incalculable. That it can answer any question respecting any thought
about which one has had an enquiry is but the smallest of its merits. More
important is the fact that it continually calls attention to matters requiring
such attention.

Much of his discourse was about the optimum means of arrangement of the
system, there was an art to laying out the cards. As the patient further
explained, to meet the objection that loose cards may easily be mislaid, cards
may be tabbed with numbers from one to ten. When arranged in the drawer, these
tabs proceed from left to right across the drawer and the absence of a single
card can thus easily be detected. The cards are further arranged between
coloured guide cards. As an alternative to tabbed cards, signal flags may be
used. Here, metal clips may be attached to the top end of the card and that
stand out like guides. For use of the system in relation to dates of the
month, the card is printed with the numbers 1 to 31 at the top. The metal clip
is placed as a signal to indicate the card is to receive attention on the
specified day. Within a large organisation a further card can be drawn up to
assign responsibility for processing that date’s cards. There were numerous
means of working the cards, special techniques for integrating them into any
type of research or organisation, means by which indexes operating on indexes
could open mines of information and expand the knowledge and capabilities of
mankind.

As he pressed me further, I began to experiment with such methods myself by
withdrawing data from the sanatorium’s records and transferring it to cards in
the night. The advantages of the system are overwhelming. Cards, cut to the
right mathematical degree of accuracy, arrayed readily in drawers, set in
cabinets of standard sizes that may be added to at ease, may be apportioned
out amongst any number of enquirers, all of whom may work on them
independently and simultaneously. The bound book, by contrast, may only be
used by one person at a time and that must stay upon a shelf itself referred
to by an index card system. I began to set up a structure of rows of mirrors
on chains and pulleys and a set of levered and hinged mechanical arms to allow
me to open the drawers and to privately consult my files from any location
within the sanatorium. The clarity of the image is however so far too much
effaced by the diffusion of light across the system.

It must further be borne in mind that a system thus capable of indefinite
expansion obviates the necessity for hampering a researcher with furniture or
appliances of a larger size than are immediately required. The continuous and
orderly sequence of the cards may be extended further into the domain of
furniture and to the conduct of business and daily life. Reasoning, reference
and the order of ideas emerging as they embrace and articulate a chaotic world
and then communicate amongst themselves turning the world in turn into
something resembling the process of thought in an endless process of
consulting, rephrasing, adding and sorting.

For the patient, ideas flowed like a force of life, oblivious to any unnatural
limitation. Thought became, with the proper use of the system, part of the
stream of life itself. Thought moved through the cards not simply at the
superficial level of the movement of fingers and the mechanical sliding and
bunching of cards, but at the most profound depths of the movement between
reality and our ideas of it. The organisational grace to be found in
arrangement, classification and indexing still stirred the remnants of his
nervous system until the last day.

Last Revision: 2*08*2016

Retrieved from
[https://www.mondotheque.be/wiki/index.php?title=The_Indexalist&oldid=8448](https://www.mondotheque.be/wiki/index.php?title=The_Indexalist&oldid=8448)

Dockray
The Scan and the Export
2010


the image, corrects the contrast, crops out the use­
less bits, sharpens the text, and occasionally even
attempts to read it. All of this computation wants
to repress any traces of reading and scanning, with
the obvious goal of returning to the pure book, or
an even more Platonic form.
That purified, originary version of the text
might be the e-book. Publishers are occasionally
skipping the act of printing altogether and selling
the files themselves, such that the words reserved
for “
well-scanned”books ultimately describe ebooks: clean, searchable, small (i.e., file size). Al­
though it is perfectly understandable for a reader
to prefer aligned text without smudges or other
markings where “
paper”is nothing but a pure,
bright white, this movement towards the clean has
its consequences. Distinguished as a form by the
fact that it is produced, distributed, and consumed
digitally, the e-book never leaves the factory.
A minimal gap is, however, created between
the file that the producer uses and the one that
the consumer uses— imagine the cultural chaos
if the typical way of distributing books were as
Word documents!— through the process of export­
ing. Whereas scanning is a complex process and
material transformation (which includes exporting
at the very end), exporting is merely converting
formats. But however minor an act, this conver­
sion is what puts a halt to the writing and turns
the file into a product for reading. It is also at this
stage that forms of “
digital rights management”ate
applied in order to restrict copying and printing of
the file.
Sharing and copying texts is as old as books
themselves— actually, one could argue that this is
almost a definition of the book— but computers
and the Internet have only accelerated this
activ­ity. From transcription to tracing to photocopying
to scanning, the labour and material costs involved
in producing a copy has fallen to nothing in our
present digital file situation. Once the scan has
generated a digitized version of some kind, say a
PDF, it easily replicates and circulates. This is not
aberrant behaviour, either, but normative comput­
er use: copy and paste are two of the first choices
in any contextual menu. Personal file storage has
slowly been migrating onto computer networks,
particularly with the growth of mobile devices, so

Sean Dockray

The Scan and the Export
The scan is an ambivalent image. It oscillates
back and forth: between a physical page and a
digital file, between one reader and another, be­
tween an economy of objects and an economy of
data. Scans are failures in terms of quality, neither
as “
readable”as the original book nor the inevi­
table ebook, always containing too much visual
information or too little.
Technically speaking, it is by scanning that
one can make a digital representation of a physical
object, such as a book. When a representation of
that representation (the image) appears on a digital
display device, it hovers like a ghost, one world
haunting another. But it is not simply the object
asserting itself in the milieu of light, informa­
tion, and electricity. Much more is encoded in
the image: indexes of past readings and the act of
scanning itself.
An incomplete inventory of modifications to
the book through reading and other typical events
in the life of the thing: folded pages, underlines,
marginal notes, erasures, personal symbolic sys­
tems, coffee spills, signatures, stamps, tears, etc.
Intimacy between reader and text marking the
pages, suggesting some distant future palimpsest in
which the original text has finally given way to a
mass of negligible marks.
Whereas the effects of reading are cumulative,
the scan is a singular event. Pages are spread and
pressed flat against a sheet of glass. The binding
stretches, occasionally to the point of breaking.
A camera driven by a geared down motor slides
slowly down the surface of the page. Slight move­
ment by the person scanning (who is also a scan­
ner; this is a man-machine performance) before
the scan is complete produces a slight motion blur,
the type goes askew, maybe a finger enters the
frame of the image. The glass is rarely covered in
its entirety by the book and these windows into
the actual room where the scanning is done are
ultimately rendered as solid, censored black. After
the physical scanning process comes post-produc­
tion. Software— automated or not— straightens

99

one's files are not always located on one's
equip­ment. The act of storing and retrieving shuffles
data across machines and state lines.
A public space is produced when something
is shared— which is to say, made public — but this
space is not the same everywhere or in all
circum­stances. When music is played for a room full of
people, or rather when all those people are simply
sharing the room, something is being made public.
Capitalism itself is a massive mechanism for
making things public, for appropriating materials,
people, and knowledge and subjecting them to its
logic. On the other hand, a circulating library, or a
library with a reading room, creates a public space
around the availability of books and other forms of
material knowledge. And even books being sold
through shops create a particular kind of public,
which is quite different from the public that is
formed by bootlegging those same books.
ft would appear that publicness is not simply a
question of state control or the absence of money.
Those categorical definitions offer very little to
help think about digital files and their native
tendency to replicate and travel across networks.
What kinds of public spaces are these, coming into
the foreground by an incessant circulation of data?
Tw o paradigmatic forms of publicness can be
described through the lens of the scan and the
export, two methods for producing a digital text.
Although neither method necessarily results in a
file that must be distributed, such files typically
are. In the case of the export, the system of
distribution tends to be through official, secure
digital repositories; limited previews provide a
small window into the content, which is ultimately
accessible only through the interface of the
shopping cart. On the other hand, the scan is
created by and moves between individuals, often
via improvised and itinerant distribution systems.
The scan travels from person to person, like a
virus. As long as it passes between people, that
common space between them stays alive. That
space might be contagious; it might break out into
something quite persuasive, an intimate publicness
becoming more common.
The scan is an image of a thing and is therefore
different from the thing (it is digital, not physical,
and it includes indexes of reading and scanning),

whereas a copy of the export is essentially identi­cal
to the export. Here is one reason there will ex­ist
many variations of a scan for a particular text,
while there will be one approved version (always a
clean one) of the export. A person may hold in his
or her possession a scan of a book but, no matter
what publishers may claim, the scan will never be
the book. Even if one was to inspect two files and
find them to be identical in every observable and
measurable quality, it may be revealed that these
are in fact different after all: one is a legitimate
copy and the other is not. Legitimacy in this case
has nothing whatsoever to do with internal traits,
such as fidelity to the original, but with external
ones, namely, records of economic transactions in
customer databases.
In practical terms, this means that a digital
book must be purchased by every single reader.
Unlike the book, which is commonly purchased,
read, then handed it off to a friend (who then
shares it with another friend and so on until it
comes to rest on someone’
s bookshelf) the digital
book is not transferable, by design and by law.
If ownership is fundamentally the capacity to give
something away, these books are never truly ours.
The intimate, transient publics that emerge out
of passing a book around are here eclipsed by a
singular, more inclusive public in which everyone
relates to his or her individual (identical) file.
Recently, with the popularization of digital
book readers (a device for another man-machine
pairing), the picture of this kind of publicness has
come into greater definition. Although a group of
people might all possess the same file, they will be
viewing that file through their particular readers,
which means surprisingly that they might all be
seeing something different. With variations built
into the device (in resolution, size, colour, display
technology) or afforded to the user (perhaps to
change font size or other flexible design ele­
ments), familiar forms of orientation within the
writing disappear as it loses the historical struc­
ture of the book and becomes pure, continuous
text. For example, page numbers give way to the
more abstract concept of a "location" when the
file is derived from the export as opposed to the
scan, from the text data as opposed to the
physi­cal object. The act of reading in a group is also

100

different ways. An analogy: they are not prints
from the same negative, but entirely different
photographs of the same subject. Our scans are
variations, perhaps competing (if we scanned the
same pages from the same edition), but, more
likely, functioning in parallel.
Gompletists prefer the export, which has a
number of advantages from their perspective:
the whole book is usually kept intact as one unit,
the file; file sizes are smaller because the files are
based more on the text than an image; the file is
found by searching (the Internet) as opposed to
searching through stacks, bookstores, and attics; it
is at least theoretically possible to have every file.
Each file is complete and the same everywhere,
such that there should be no need for variations.
At present, there are important examples of where
variations do occur, notably efforts to improve
metadata, transcode out of proprietary formats,
and to strip DRM restrictions. One imagines an
imminent future where variations proliferate based
on an additive reading— a reader makes highlights,
notations, and marginal arguments and then
re­distributes the file such that someone's
"reading" of a particular text would generate its own public,
the logic of the scan infiltrating the export.

different — "Turn to page 24" is followed by the
sound of a race of collective page flipping, while
"Go to location 2136" leads to finger taps and
caresses on plastic. Factions based on who has the
same edition of a book are now replaced by those
with people who have the same reading device.
If historical structures within the book are
made abstract then so are those organizing
struc­tures outside of the book. In other words, it's not
simply that the book has become the digital book
reader, but that the reader now contains the
li­brary itself! Public libraries are on the brink of be­
ing outmoded; books are either not being acquired
or they are moving into deep storage; and physical
spaces are being reclaimed as cafes, restaurants,
auditoriums, and gift shops. Even the concept
of donation is thrown into question: when most
public libraries were being initiated a century ago,
it was often women's clubs that donated their
col­lections to establish the institution; it is difficult to
imagine a corresponding form of cultural sharing
of texts within the legal framework of the export.
Instead, publishers might enter into a contract
directly with the government to allow access to
files from computers within the premises of the
library building. This fate seems counter-intuitive,
considering the potential for distribution latent
in the underlying technology, but even more so
when compared to the "traveling libraries" at the
turn of the twentieth century, which were literally
small boxes that brought books to places without
libraries (most often, rural communities).
Many scans, in fact, are made from library
books, which are identified through a stamp or a
sticker somewhere. (It is not difficult to see how
the scan is closely related to the photocopy, such
that they are now mutually evolving technolo­
gies.) Although it circulates digitally, like the
export, the scan is rooted in the object and is
never complete. In a basic sense, scanning is slow
and time-consuming (photocopies were slow and
expensive), and it requires that choices are made
about what to focus on. A scan of an entire book
is rare— really a labour of love and endurance;
instead, scanners excerpt from books, pulling out
the most interesting, compelling, difficult-to-find,
or useful bits. They skip pages. The scan is partial,
subjective. You and I will scan the same book in

About the Author

Sean Dockray is a Los Angeles-based artist. He is a
co­-director of Telic Arts Exchange and has initiated several
collaborative projects including AAAARG.ORG and The
Public School. He recently co-organized There is
noth­ing less passive than the act of fleeing, a 13-day seminar at
various sites in Berlin organized through The Public School
that discussed the promises, pitfalls, and possibilities for
extra-institutionality.

101

t often the starting-point is an idea composed of
a group of centrally aroused sensations due to simultaneous
excitation of a group
This would probably
in every case he in large part the result of association by
contiguity in terms of the older classification, although
there might be some part played by the immediate
excita­tion of the separatefP pby an external stimulus. Starting
from this given mass of central elements, all change comes
from the fact that some of the elements disappear and are
replaced by others through a second series of associations
by contiguity. The parts of the original idea which remain
serve as the excitants for the new elements which arise.
The nature of the process is exactly like that by which
the elements of the first idea were excited, and no new
process comes in. These successive associations are thus
really in their mechanism but a series of simultaneous
associations in which the elements that make up the different
ideas are constantly changing, but with some elements
that persist from idea to idea. There is thus a constant
flux of the ideas, but there is always a part of each idea
that persists over into the next and serves to start the
mechanism of revival There is never an entire stoppage
in the course of the ideas, never an absolute break in the
series, but the second idea is joined to the one that precedes
by an identical element in each.

124

A short time later, this control of urban noise had been implemented almost
everywhere, or at least in the politically best-controlled cities, where repetition
is most advanced.
We see noise reappear, however, in exemplary fashion at certain ritualized
moments: in these instances, the horn emerges as a derivative form of violence
masked by festival. All we have to do is observe how noise proliferates in echo
at such times to get a hint of what the epidemic proliferation of the essential
vio­lence can be like. The noise of car horns on New Year's Eve is, to my mind,
for the drivers an unconscious substitute for Carnival, itself a substitute for the
Dionysian festival preceding the sacrifice. A rare moment, when the hierarchies
are masked behind the windshields and a harmless civil war temporarily breaks
out throughout the city.
Temporarily. For silence and the centralized monopoly on the emission,
audition and surveillance of noise are afterward reimposed. This is an essential
control, because if effective it represses the emergence of a new order and a
challenge to repetition.

103

Thus, with the ball, we are all possible victims; we all expose our­
selves to this danger and we escape back and forth of "I."
The "I" in the game is a token exchanged. And
this passing, this network of passes, these vicariances of subjects weave
the collection. I am I now, a subject, that is to say, exposed to being
thrown down, exposed to falling, to being placed beneath the compact
mass of the others; then you take the relay, you are substituted for "I"
and become it; later on, it is he who gives it to you, his work done, his
danger finished, his part of the collective constructed. The "we" is made
by the bursts and occultations of the "I." The "we" is made by passing
the "I." By exchanging the "I." And by substitution and vicariance of
the "I."
That immediately appears easy to think about. Everyone carries
his stone, and the wall is built. Everyone carries his "I," and the "we" is
built. This addition is idiotic and resembles a political speech. No.

104

But then let them say it clearly:

The practice of happiness is subversive when it becom es collective.
Our will tor happiness and liberation is their terror, and they react by terrorizing
us with prison, when the repression of work, of the patriarchal family, and of sex­
ism is not enough.

But then let them say it clearly:

To conspire means to breathe together.

And that is what we are accused of, they want to prevent us from breathing
because we have refused to breathe In Isolation, in their asphyxiating places of
work, in their individuating familial relationships, in their atomizing houses.

There is a crime I confess I have committed:

It is the attack against the separation of life and desire, against sexism in Interindividual relationships, against the reduction of life to the payment of a salary.

105

Counterpublics

The stronger modification of ... analysis — one in which
he has shown little interest, though it is clearly of major
signifi­cance in the critical analysis of gender and sexuality — is that some
publics are defined by their tension with a larger public. Their
par­ticipants are marked off from persons or citizens in general.
Dis­cussion within such a public is understood to contravene the rules
obtaining in the world at large, being structured by alternative dis­
positions or protocols, making different assumptions about what
can be said or what goes without saying. This kind of public is, in
effect, a counterpublic: it maintains at some level, conscious or
not, an awareness of its subordinate status. The sexual cultures of
gay men or of lesbians would be one kind of example, but so would
camp discourse or the media of women's culture. A counterpublic
in this sense is usually related to a subculture, but there are
impor­tant differences between these concepts. A counterpublic, against
the background of the public sphere, enables a horizon of opinion
and exchange] its exchanges remain distinct from authority and
can have a critical relation to power; its extent is in principle
indef­inite, because it is not based on a precise demography but
medi­ated by print, theater, diffuse networks of talk, commerce, and ...

106

The term slang, which is less broad than language variety is described
by ... as a label that is frequently used to denote
certain informal or faddish usages of nearly anyone in the speech commu­nity.
However, slang, while subject to rapid change, is widespread and
familiar to a large number of speakers, unlike Polari. The terms jargon
and argot perhaps signify more what Polari stands for. as they are asso­
ciated with group membership and are used to serve as affirmation or
solidarity with other members. Both terms refer to "obscure or secret
language’or language of a particular occupational group ...
While jargon tends to refer to an occupational sociolect,
or a vocabulary particular to a field, argot is more concerned with language
varieties where speakers wish to conceal either themselves or aspects of
their communication from non-members. Although argot is perhaps the
most useful term considered so far in relation to Polari. there exists a
more developed theory that concentrates on stigmatised groups, and could
have been created with Polari specifically in mind: anti-language.
For ..., anti-language was to anti-society what language
was to society. An anti-society is a counter-culture, a society within a
society, a conscious alternative to society, existing by resisting either
pas-sively or by more hostile, destructive means. Anti-languages are
gen­erated by anti-societies and in their simplest forms arc partially relexicalised
languages, consisting of the same grammar but a different vocabulary
... in areas central to the activities ot subcultures.
Therefore a subculture based around illegal drug use would have words tor
drugs, the psychological effects of drugs, the police, money and so on. In
anti-languages the social values of words and phrases tend to be more
emphasised than in mainstream languages.

... found that 41 per cent of the criminals he
interviewed cave "the need for secrecy" as an important reason lor using
an anti-language, while 38 per cent listed 'verbal art'. However ...
in his account of the anti-language or grypserka of Polish
pris­oners. describes how, for the prisoners, their identity was threatened and
the creation of an anti-society provided a means by wtnclt an alternative
social structure (or reality) could be constructed, becoming the source of
a second identity tor the prisoners.

107

Streetwalker theorists cul­tivate the ability to sustain and create hangouts by hanging
out. Hangouts are highly fluid, worldly, nonsanctioned,
communicative, occupations of space, contestatory retreats for the
passing on of knowledge, for the tactical-strategic fashioning
of multivocal sense, of enigm atic vocabularies and gestures,
for the development of keen commentaries on structural
pres­sures and gaps, spaces of complex and open-ended recognition.
Hangouts are spaces that cannot be kept captive by the
private / public split. They are worldly, contestatory concrete
spaces within geographies sieged by and in defiance of logics
and structures of domination.20 The streetwalker theorist
walks in illegitim ate refusal to legitimate oppressive
arrange­ments and logics.

Common

108

As we apprehend it, the process of instituting com ­
munism can only take the form of a collection of
acts of communisation, of making common such-and-such
space, such-and-such machine, such-and-such knowledge.
That is to say, the elaboration
of the mode of sharing that attaches to them.
In­surrection itself is just an accelerator, a decisive
moment in the process.

... is a collection of places, infrastructures,
communised means; and the dreams, bodies,
mur­murs, thoughts, desires that circulate among those
places, the use of those means, the sharing of those
infrastructures.
The notion of ... responds to the necessity of
a minimal formalisation, which makes us accessible
as well as allows us to remain invisible. It belongs
to the communist way that we explain to ourselves
and formulate the basis of our sharing. So that the
most recent arrival is, at the very least, the equal of
the elder.

Whatever singularity, which wants to appropriate be longing itself,
its own being-in-language, and thus rejects all identity and every
condition of belonging, is the principal enemy of the State. Wherever these
singularities peacefully demonstrate their being in common there will be a
Tiananmen, and, sooner or later, the tanks will appear.

110


 

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