bently in Mars & Medak 2019
rofitably. Since copyright serves
paradoxically to vest authors with property only to enable them to divest that
property, the author is a notion which needs only to be sustainable for an
instant” (Bently 1994).
6
For more on the formal freedom of the laborer to sell his labor-power, see
chapter 6 of Marx’s Capital (1867).
7
For a more detailed account of the history of printing privilege in Gr
yright-math/.
Rose, Mark. 2010. “The Public Sphere and the Emergence of Copyright.” In Privilege
and Property, Essays on the History of Copyright, ed. Ronan Deazley, Martin Kretschmer, and Lionel Bently, 67–88. Open Book Publishers.
Ross, Kristin. 2015. Communal Luxury: The Political Imaginary of the Paris Commune.
London: Verso.
Spieker, Sven. 2008. The Big Archive: Art from Bureaucracy. Cambrid
bently in Weinmayr 2019
nd the Academic and here can be no ‘copyright work’ […] without ues of the French Revolution and form part of European ke a from illegal (red) to Display 200 300
400
500
600
700
800
900
1000
ALL
characters around the word.
Museum Visual Arts Communities: An Issues Report (New York: College Art
Association).
Barron, Anne (1998) ‘No Other Law? Author–ity, Property and Aboriginal Art’,
in Lionel Bently and Spyros Maniatis (eds.), Intellectual Property and Ethics
(London: Sweet and Maxwell), pp. 37–88.
Barthes, Roland (1967) ‘The Death of the Author’, Aspen, [n.p.],
some author who can be said to originate it’ (ibid., p. 55). Anne Barron, ‘No
Other Law? Author–ity, Property and Aboriginal Art’, in Lionel Bently and
Spyros Maniatis (eds.), Intellectual Property and Ethics (London: Sweet and
Maxwell, 1998), pp. 37–88, and Marilyn Strathern, Kinship, Law, and the
Unexpected: Relatives Are Always a Surprise (
copyright law. They conceive the work as an intellectual and creative
expression that is directly connected to its creator. Legal scholar Lionel
Bently observes ‘the prominence of romantic conceptions of authorship’ in the
recognition of moral rights, which are based on concepts of the originality
and authenticity of the modern subject (Lionel Bently, ‘Copyright and the
Death of the Author in Literature and Law’, Modern Law Review, 57 (1994),
973–86 (p. 977)). ‘Authenticity is the pure expression, the expressivity, of
the artist, whose so
balance between the needs of the author to benefit economically from his or
her work and the interests of the public who benefit from the use of new work.
[62](ch11.xhtml#footnote-464-backlink) Bently, ‘Copyright and the Death of the
Author’, p. 974.
[63](ch11.xhtml#footnote-463-backlink) Geert Lovink and Andrew Ross, ‘Organic
Intellectual Work’, in Geert Lovink and Ned Rossiter (eds.), M
legal (blue). The scale replaced the law’s fundamental binary of legal —
illegal, allowing for greater complexity and nuance. The advising scholars and
lawyers were Lionel Bently (Professor of Intellectual Property at the
University of Cambridge), Sergio Muñoz Sarmiento (Art and Law, New York),
Prodromos Tsiavos (Project lead for Creative Commons, England, Wales and
Greece).