bently in Mars & Medak 2019
ios (“Major Film Studio,” Wikipedia 2015).
3
In 2012 Sony Music Entertainment is one of the Big Three majors (“Record
Label,” Wikipedia 2015).
4
Since this anecdote was recounted by Marcell in his opening keynote in the
Terms of Media II conference at Brown University, we have received another
batch of takedown notices from the MIT Press. It seemed as no small irony,
because at the time the Terms of Media conference reader was rumored to be
distributed by the MIT Press.
5
“In law, authorship is a point of origination of a property right which, thereafter, like other property rights, will circulate in the market, ending up in the
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).
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 Great Britain,
but also the emergence of peer review out of the self-censoring performed by
the Royal Academy and Académie de sciences in return for the printing privilege, see Biagioli 2002.
8
The transition of authorship from honorific to professional is traced in Woodmansee 1996.
9
Not all publishers are necessarily predatory. For instance, scholar-led open-
access publishers, such as those working under the banner of Radical Open
Access (http://radicaloa.disruptivemedia.org) have been experimenting with
alternatives to the dominant publishing models, workflows, and metrics, radicalizing the work of conventional open access, which has by now increasingly
become recuperated by big
Accessed October 18, 2015. http://www.pwc.com/gx
/en/industries/entertainment-media/outlook/segment-insights/book-publishing
.html.
PwC. 2015b. “Filmed Entertainment.” Accessed October 18, 2015. http://www.pwc.com
/gx/en/industries/entertainment-media/outlook/segment-insights/filmed-enter
tainment.html.
PwC. 2015c. “Music: Growth Rates of Recorded and Live Music.” Accessed October 18,
2015. http://www.pwc.com/gx/en/global-entertainment-media-outlook/assets/
2015/music-key-insights-1-growth-rates-of-recorded-and-live-music.pdf.
Reid, Rob. 2012. “The Numbers behind the Copyright Math.” TED Blog, March 20.
Accessed October 28, 2015, http://blog.ted.com/the-numbers-behind-the
-copyright-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. Cambridge, Mass.: MIT
Press.
Swartz, Aaron. 2008. “Guerilla Open Access Manifesto.” Internet Archive. Accessed
October 18, 2015. https://archive.org/stream/GuerillaOpenAccessManifesto/
Goamjuly2008_djvu.txt.
Tactical Media Files. 2017. “The Concept of Tactical Media.” Accessed May 4, 2017.
http://www.tacticalmediafiles.net/articles/44999.
Vismann, Cornelia. 2011. Medien der Rechtsprechung. Frankfurt a.M.: S. Fischer Verlag.
von Hippel, Eric. 2005. Democratizing Innovation. Cambridge, Mass.: MIT Press.
Wikipedia, the Free Encyclopedia. 2015a. “Major Film Studio.” Accessed January 2,
2018. https://en.wikipedia.org/w/index.php?title=Major_film_studio&oldid
=686867076.
Wikipedia, the Free E
bently in Weinmayr 2019
www.publishersweekly.com/pw/by-topic/industry-news/publisher-
news/article/45738-j-d-salinger-estate-swedish-author-settle-copyright-
suit.html>
Allen, Greg, ed. (2012) The Deposition of Richard Prince in the Case of Cariou
v. Prince et al. (Zurich: Bookhorse).
AND Publishing (4 May 2011) ‘AND Publishing announces The Piracy Lectures’,
Art Agenda,
Andersson, Jonas (2009) ‘For the Good of the Net: The Pirate Bay as a
Strategic Sovereign’, Culture Machine 10, 64–108.
Aufderheide, Patricia, Peter Jaszi, Bryan Bello and Tijana Milosevic (2014)
Copyright, Permissions, and Fair Use Among Visual Artists and the Academic and
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.],
Benjamin, Walter (1970) ‘The Author as Producer’ in New Left Review 1.62,
83–96.
Bently, Lionel (1994) ‘Copyright and the Death of the Author in Literature and
Law’, Modern Law Review 57, 973–86.
— Andrea Francke, Sergio Muñoz Sarmiento, Prodromos Tsiavos and Eva Weinmayr
(2014) ‘A Day at the Courtroom’, in Andrea Francke and Eva Weinmayr (eds.),
Borrowing, Poaching, Plagiarising, Pirating, Stealing, Gleaning, Referencing,
Leaking, Copying, Imitating, Adapting, Faking, Paraphrasing, Quoting,
Reproducing, Using, Counterfeiting, Repeating, Translating, Cloning (London:
AND Publishing), pp. 91–133.
Biagioli, Mario (2014) ‘Plagiarism, Kins
human, the subject, the author, the book,
copyright, and intellectual property, for the ways in which we create,
perform, and circulate knowledge and research?’ Gary Hall, Pirate Philosophy,
for a Digital Posthumanities (Cambridge, MA and London: The MIT Press, 2016),
p. 16.
[7](ch11.xhtml#footnote-519-backlink) Here ‘the producer is being imagined as
the origin of the product’. (Strathern, p. 156). Therefore ‘in law,
originality is simply the description of a causal relationship between a
person and a thing: to say that a work is original in law is to say nothing
more than that it originates from [can be attributed to] its creator’ (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).
See also Mario Biagioli’s and Marilyn Strathern’s discussion of the author-
work relationship as kinship in Mario Biagioli, ‘Plagiarism, Kinship and
Slavery’, Theory Culture Society 31.2–3 (2014), 65–91,
[8](ch11.xhtml#footnote-518-backlink) US Copyright Law, Article 17, §102 (a),
amendment 2016,[
](https://www.copyright.gov/title17/)
[9](ch11.xhtml#footnote-517-backlink) ‘In no case does copyright protection
for an original work of authorship extend to any idea, procedure, process,
system, method of operation, concept, principle, or discovery, regard
as to its authenticity or
attribution.’ Tracy Zwick, ‘Art in America’, 29 August 2013,
[60](ch11.xhtml#footnote-466-backlink) It might be important here to recall
that both Richard Prince and Cady Noland are able to afford the expensive
costs incurred by a court case due to their success in the art market.
[61](ch11.xhtml#footnote-465-backlink) The legal grounds for Noland’s move,
the federal Visual Artists Rights Act of 1990, is based on French moral rights
or author rights (droit d’auteur), which are 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 Klinger,
‘Autonomy-Authenticity-Alterity: On the Aesthetic Ideology of Modernity’ in
Modernologies: Contemporary Artists Researching Modernity and Modernism,
exhibition catalogue (Barcelona: Museu d’Art Contemporani de Barcelona, 2009),
pp. 26–28 (p. 29)) Moral rights are the personal rights of authors, which
cannot be surrendered fully to somebody else because they conceptualize
authorship as authentic extension of the subject. They are ‘rights of authors
and artists to be named in relation to the work and to control alterations of
the work.’ (Bently, ‘Copyright and the Death of the Author’, p. 977) In
contrast to copyright, moral rights are granted in perpetuity, and fall to the
estate of an artist after his or her death.
Anglo-American copyright, employed in Prince’s case, on the contrary builds
the concept of intellectual property mainly on economic and distribution
rights, against unauthorised copying, adaptation, distribution and display.
Copyright lasts for a certain amount of time, after which the work enters the
public domain. In most countries the copyright term expires seventy years
after the death of the 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 Industries (Amsterdam: Institute of Network
Cultures, 2007), pp. 225–38 (p. 230),
[64](ch11.xhtml#footnote-462-backlink) UK Government Department for Digital,
Culture, Media and Sports, The Creative Industries Mapping Document, 1998,
[65](ch11.xhtml#footnote-461-backlink) UK Government, Department for Media,
Culture & Sport, Creative Industries Economic Estimates January 2015,
s here would exceed the scope of this text. If you are interested,
please visit our searchable Piracy Collection catalogue, which provides short
descriptions of the pirates’ approaches and strategies,
[92](ch11.xhtml#footnote-434-backlink) For the performative debate A Day at
the Courtroom hosted by The Showroom in London, the Piracy Project invited
three copyright lawyers from different cultural and legal backgrounds to
discuss and assess selected cases from the Piracy Project from the perspective
of their differing jurisdictions. The final verdict was given by the audience,
who positioned 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 June 2013. See a
transcript of the debate in Francke and Weinmayr, Borrowing, Poaching,
Plagiarising.
[93](ch11.xhtml#footnote-433-backlink) Aaaaaarg.fail operates on an invitation
only basis; [memoryoftheworld.org](http://memoryoftheworld.org) is openly
accessible.
[94](ch11.xhtml#footnote-432-backlink) Julian Myers, Four Dialogues 2: On
AAAARG, San Francisco Museum of Modern Art — Open Space, 26 August 2009,
constructive approach has been observed by Jonas Andersson generally with p2p
sharing networks, which ’have begun to appear less as a reactive force (i.e.
br
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