bently in Mars & Medak 2019

control of the person who can exploit it most profitably. 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).


For more on the formal freedom of the laborer to sell his labor-­power, see
chapter 6 of Marx’s Capital (1867).


For a more detailed account of the history of printing privilege in Great Britain,
but also the emergence of peer review

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. Cambridge, Mass.: MIT
Swartz, Aaron. 2008. “Guer

bently in Weinmayr 2019

, Permissions, and Fair Use Among Visual Artists and the Academic and
Museum Visual Arts Communities: An Issues Report (New York: College Art

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.],

Benjamin, Walter (19

r’ (Barron,
p. 56). And conversely, in law ‘there can be no ‘copyright work’ […] without
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 (Cambridge: Cambridge University
Press, 2005).


inspired by the humanistic and
individualistic values of the French Revolution and form part of European
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 soul is mirrored in the work of art.’ (Cornelia Kl

e author. Non-perpetual copyright attempts to strike a
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.), My Creativity
Reader: A Critique of Creative Indust

ositioned the ‘case’ on a colour scale ranging from illegal (red) to
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). A Day at the Courtroom, The Showroom London, 15 Ju


Display 200 300 400 500 600 700 800 900 1000 ALL characters around the word.