Medak
Death and Survival of Dead Labor
2016


# Death and Survival of Dead Labor

by Tomislav Medak — Jan 08, 2016

![](https://schloss-post.com/content/uploads/public-
library_wuerttembergischer-kunstverein-600x450.jpg)

»Public Library. Rethinking the Infrastructures of
Knowledge Production«
Exhibition at Württembergischer Kunstverein Stuttgart, 2014

**The present-day social model of authorship is co-substantive with the
normative regime of copyright. Copyright’s avowed role is to triangulate a
balance between the rights of authors, cultural industries, and the public.
Its legal foundation is in the natural right of the author over the products
of intellectual labor. The recurrent claims of the death of the author,
disputing the primacy of the author over the work, have failed to do much to
displace the dominant understanding of the artwork as an extension of the
personality of the author.**

The structuralist criticism positing an impersonal structuring structure
within which the work operates; the hypertexual criticism dissolving
boundaries of work in the arborescent web of referentiality; or the remix
culture’s hypostatisation of the collective and re-appropriative nature of all
creativity – while changing the meaning we ascribe to the works of culture –
have all failed to leave an impact on how the production of works is
normativized and regulated.

And yet the nexus author–work–copyright has transformed in fundamental ways,
however in ways opposite to what these openings in our social epistemology
have suggested. The figure of the creator, with the attendant apotheosis of
individual creativity and originality, is nowadays more forcefully than ever
before being mobilized and animated by the efforts to expand the exclusive
realm of exploitation of the work under copyright. The forcefulness though
speaks of a deep-seated neurosis, intimating that the purported balance might
not be what it is claimed to be by the copyright advocates. Much is revealed
as we descend into the hidden abode of production.

## _Of Copyright and Authorship_

Copyright has principally an economic function: to unambiguously establish
individualized property in the products of intellectual labor. Once the legal
title is unambiguously assigned, there is a property holder with whose consent
the contracting, commodification, and marketing of the work can proceed. In
that aspect, copyright is not very different from the requirement of formal
freedom that is granted to the laborer to contract out their own labor power
as a commodity to capital, allowing then the capital to maximize the
productivity and appropriate the products of the worker’s labor – which is in
terms of Marx »dead labor.« In fact, the analogy between the contracting of
labor force and the contracting of intellectual work does not stop there. They
also share a common history.

The liberalism of rights and the commodification of labor have emerged from
the context of waning absolutism and incipient capitalism in Europe of the
seventeenth and the eighteenth century. Before the publishers and authors
could have their monopoly over the exploitation of their publications
instituted in the form of copyright, they had to obtain a privilege to print a
book from royal censors. First printing privileges granted to publishers, for
instance in early seventeenth century Great Britain, came with the burden
placed on publishers to facilitate censorship and control over the
dissemination of the growing body of printed matter in the aftermath of the
invention of movable type printing.

The evolution of regulatory mechanisms of contemporary copyright from the
context of absolutism and early capitalism receives its full relief if one
considers how peer review emerged as a self-censoring mechanism within the
Royal Academy and the Académie des sciences. [1] The internal peer review
process helped the academies maintain the privilege to print the works of
their members, which was given to them only under the condition that the works
they publish limit themselves to matters of science and make no political
statements that could otherwise sour the benevolence of the monarch. Once they
expanded to print in their almanacs, journals, and books the works of authors
outside of the academy ranks, they both expanded their scientific authority
and their regulating function to the entire nascent field of modern science.

The transition from the privilege tied to the publisher to the privilege tied
to the natural person of the author would unfold only later. In Great Britain
this occurred as the guild of printers, Stationers’ Company, failed to secure
the extension of its printing privilege and thus, in order to continue with
the business of printing books, decided to advocate a copyright for the
authors instead, which resulted in the passing of the Copyright Act of 1709,
also known as the Statute of Anne. Thus the author became the central figure
in the regulation of literary and scientific production. Not only did the
author now receive the exclusive rights to the work, the author was also made
– as Foucault has famously analyzed – the identifiable subject of scrutiny,
censorship, and political sanction by the absolutist state or the church.

And yet, although the romantic author now took center stage, copyright
regulation, the economic compensation for the work, would long remain no more
than an honorary one. Until well into the eighteenth century literary writing
and creativity in general were regarded as resulting from the divine
inspiration and not from the individual genius of the author. Money earned in
the growing business with books mostly stayed in the hands of the publishers,
while the author received an honorarium, a flat sum that served as a »token of
esteem.« [2] It was only with the increasingly vocal demand by the authors to
secure material and political independence from the patronage and authority
that they started to make claims for rightful remuneration.

## _Of Compensation and Exploitation
_

The moment of full-blown affirmation of romantic author-function marks a
historic moment of redistribution and establishment of compromise between the
right of publishers to economic exploitation of the works and the right of
authors to rightful compensation for their works. Economically this was made
possible by the expanding market for printed books in the eighteenth and the
nineteenth century, while politically this was catalyzed by the growing desire
for autonomy of scientific and literary production from the system of feudal
patronage and censorship in gradually liberalizing modern capitalist
societies. The autonomy of production was substantially coupled to the
production for the market. However, the irenic balance could not last
unobstructed. Once the production of culture and science was subsumed under
the exigencies of the market, it had to follow the laws of commodification and
competition that no commodity production can escape.

With the development of big corporation and monopoly capitalism, [3] the
purported balance between the author and the publisher, the innovator or
scientist and the company, the labor and the capital, the public circulation
and the pressures of monetization has become unhinged. While the legislative
expansions of protections, court decisions, and multilateral treaties are
legitimated on basis of the rights of creators, they have become the economic
basis for the monopolies dominating the commanding heights of the global
economy to protect their dominant position in the world market. The levels of
concentration in the industries with large portfolios of various forms of
intellectual property rights is staggering. The film industry is a US$88
billion industry dominated by six major studios. The recorded music industry
is an almost US$20 billion industry dominated by three major labels. The
publishing industry is a US$120 billion industry, where the leading ten earn
in revenues more than the next 40 largest publishing groups. Among patent
holding industries, the situation is a little more diversified, but big patent
portfolios in general dictate the dynamics of market power.

Academic publishing in particular draws a stark relief of the state of play.
It is a US$10 billion industry dominated by five publishers, financed up to
75% from the subscriptions of libraries. It is notorious for achieving extreme
year on year profit margins – in the case of Reed Elsevier regularly well over
20%, with Taylor & Francis, Springer, and Wiley-Blackwell only just lagging
behind. [4] Given that the work of contributing authors is not paid, but
financed by their institutions (provided they are employed at an institution)
and that the publications nowadays come mostly in the form of electronic
articles licensed under subscription for temporary use to libraries and no
longer sold as printed copies, the public interest could be served at a much
lower cost by leaving commercial closed-access publishers out of the equation.
However, given the entrenched position of these publishers and their control
over the moral economy of reputation in academia, the public disservice that
they do cannot be addressed within the historic ambit of copyright. It
requires politicization.

## _Of Law and Politics_

When we look back on the history of copyright, before there was legality there
was legitimacy. In the context of an almost completely naturalized and
harmonized global regulation of copyright the political question of legitimacy
seems to be no longer on the table. An illegal copy is an object of exchange
that unsettles the existing economies of cultural production. And yet,
copyright nowadays marks a production model that serves the power of
appropriation from the author and market power of the publishers much more
than the labor of cultural producers. Hence the illegal copy is again an
object begging the question as to what do we do at a rare juncture when a
historic opening presents itself to reorganize how a good, such as knowledge
and culture, is produced and distributed in a society. We are at such a
juncture, a juncture where the regime regulating legality and illegality might
be opened to the questioning of its legitimacy or illegitimacy.

1. Jump Up For a more detailed account of this development, as well as for the history of printing privilege in Great Britain, see Mario Biagioli: »From Book Censorship to Academic Peer Review,« in: _Emergences:_ _Journal for the Study of Media & Composite Cultures _12, no. 1 [2002], pp. 11–45.
2. Jump Up The transition of authorship from honorific to professional is traced back in Martha Woodmansee: _The Author, Art, and the Market: Rereading the History of Aesthetics_. New York 1996.
3. Jump Up When referencing monopoly markets, we do not imply purely monopolistic markets, where one company is the only enterprise selling a product, but rather markets where a small number of companies hold most of the market. In monopolistic competition, oligopolies profit from not competing on prices. Rather »all the main players are large enough to survive a price war, and all it would do is shrink the size of the industry revenue pie that the firms are fighting over. Indeed, the price in an oligopolistic industry will tend to gravitate toward what it would be in a pure monopoly, so the contenders are fighting for slices of the largest possible revenue pie.« Robert W. McChesney: _Digital Disconnect: How Capitalism Is Turning the Internet Against Democracy_. New York 2013, pp. 37f. The immediate effect of monopolistic competition in culture is that the consumption is shaped to conform to the needs of the large enterprise, i.e. to accommodate the economies of scale, narrowing the range of styles, expressions, and artists published and promoted in the public.
4. Jump Up Vincent Larivière, Stefanie Haustein, and Philippe Mongeon: »The Oligopoly of Academic Publishers in the Digital Era,« in: _PLoS ONE_ 10, no. 6 [June 2015]: e0127502, doi:10.1371/journal.pone.0127502.

![](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)

[Tomislav Medak](https://schloss-post.com/person/tomislav-medak/),
Zagreb/Croatia — Performing Arts, Solitude fellow 2013–2015

Tomislav Medak is a philosopher with interests in contemporary political
philosophy, media theory and aesthetics. He is coordinating the theory program
and publishing activities of the Multimedia Institute/MAMA (Zagreb/Croatia),
and works in parallel with the Zagreb-based theatre collective BADco.


Dockray, Pasquinelli, Smith & Waldorf
There is Nothing Less Passive than the Act of Fleeing
2010


# There is Nothing Less Passive than the Act of Fleeing

[The Public School](/web/20170523052416/http://journalment.org/author/public-
school)

What follows is a condensed and edited version of a text for a panel that was
presented at UCIRA’s _Future Tense: Alternative Arts and Economies in the
University_  conference held in San Diego, California on November 18, 2010.
The panel shared the same name as a 13-day itinerant seminar in Berlin
organized by Dockray, Waldorf, and Fiona Whitton earlier that year, in July.
The seminar began with an excerpt from Tiqqun’s _Introduction to Civil War_ ,
which was co-translated into English by Smith; and later read a chapter from
Pasquinelli’s _Animal Spirits: A Bestiary of the Commons_. Both authors have
also participated in meetings at The Public School in Los Angeles and Berlin.
Both the panel and the seminar developed out of longer conversations at The
Public School in Los Angeles, which began in late 2007 under Telic Arts
Exchange. The Public School is a school with no curriculum, where classes are
proposed and organized by the public.


## The Education Factory

The University as I understand it, has been a threshold between youth and the
labor market. Or it has been a threshold between a general education and a
more specialized one. In its more progressive form, it’s been a zone of
transition into an expanding middle class. But does this form still exist? I’m
inclined to think just the opposite, that the University is becoming a mean
for filtering people out of the middle class via student loan debt, which now
exceeds credit card debt. The point of the questions for me is simply what is
the point of the University? What are we fighting for or defending?

The next question might be, do students work? The University is a crucial site
in the reproduction of class relations; we know that students are consumers;
we know the student is a future worker who will be compelled to work, and work
in a specific way, because she/he is crushed by debt contracted during her/his
tenure as a student; we know that students work while attending school, and
that for many students school and work eerily begin to resemble one another.
But asking whether students work is to ask something more specific: do
students produce value and, therefore surplus-value? If we can assume, for the
moment, that students are a factor in the “knowledge production” that takes
place in the University, is this production of knowledge also the production
of value? We confront, maybe, a paradox: all social activity has become
“productive”—captured, absorbed—at the very moment value becomes unmeasurable.

What does this have to do with students, and their work? The thesis of the
social factory was supplemented by the assumption that knowledge had become a
central mode in the production of value in post-Fordist environments. Wouldn’t
this mean that the university could become an increasingly important
flashpoint in social struggles, now that it has become not simply the site of
the reproduction of the capital relation, but involved in the immediate
production process, directly productive of value? Would we have to understand
students themselves as, if not knowledge producers, an irreplaceable moment or
function within that process? None of this remains clear. The question is not
only a sociological one, it is also a political one. The strategy of
reconceptualizing students as workers is rooted in the classical Marxist
identification of revolt with the point of production, that is, exploitation.
To declare all social activity to be productive is another way of saying that
social war can be triggered at any site within society, even among the
precarious, the unemployed, and students.

_Knowledge is tied to struggle. To truly know is to hate truly. This is why
the working class can know and possess everything of capital, as it is enemy
to itself as capital._
—Tronti, 1966

That form of “hate” mentioned by Tronti is suggesting something interesting
form of political passion and a new modus operandi. The relation between hate
and knowledge, suggested by Tronti, is the opposite of the cynical detachment
of the new social figure of the entrepreneur-artist but it’s a joyful hate of
our condition. In order to educate ourselves we should hate our very own
environment and social network in which we were educated—the university. The
position of the artist in their work and the performance of themselves (often
no different) can take are manyfold. There are histories for all of these
postures that can be referenced and adopted. They are all acceptable tactics
as long as we keep doing and churning out more. But where does this get us,
both within the confines of the arts and the larger social structure? We are
taught that the artist is always working, thinking, observing. We have learned
the tricks of communication, performance and adaptability. We can go anywhere,
react to anything, respond in a thoughtful and creative way to all problems.
And we do this because while there is opportunity, we should take it. “We
shouldn’t complain, others have it much worse.” But it doesn’t mean that we
shouldn’t imagine something else. To begin thinking this way, it means a
refusal to deliver an event, to perform on demand. Maybe we need a kind of
inflexibility, of obstruction, of non-conductivity. After all, what exactly
are we producing and performing for? Can we try to think about these talents
of performance, of communication? If so, could this be the basis for an
intimacy, a friendship… another institution?


## Alternative pedagogical models

Let’s consider briefly the desire for “new pedagogical models” and “new forms
of knowledge production”. When articulated by the University, this simply
means new forms of instruction and new forms of research. Liberal faculty and
neoliberal politicians or administrators find themselves joined in this hunt
for future models and forms. On the one hand, faculty imagines that these new
techniques can provide space for continuing the good. On the other hand,
investors, politicians, and administrators look for any means to make the
University profitable; use unpaid labour, eliminate non-productive physical
spaces, and create new markets. Symptomatically, there is very little
resistance to this search for new forms and new models for the simple reason
that there is a consensus that the University should and will continue.

It’s also important to note that many of the so-called new forms and new
models being considered lie beyond the walls and payroll of the institution,
therefore both low-cost and low-risk. It is now a familiar story: the
institution attempts to renew itself by importing its own critique. The Public
School is not a new model and it’s not going to save the University. It is not
even a critique of the University any more or less than it is a critique of
the field of art or of capitalist society. It is not “the next university”
because it is a practice of leaving the University to the side. It would be a
mistake to think that this means isolation or total detachment.

Today, the forms of university governance cannot allow themselves to uproot
self-education. To the contrary, self-education constitutes a vital sap for
the survival of the institutional ruins, snatched up and rendered valuable in
the form of revenue. Governance is the trap, hasty and flexible, of the
common. Instead of countering us frontally, the enemy follows us. We must
immediately reject any weak interpretation of the theme of autonomous
institutions, according to which the institution is a self-governed structure
that lives between the folds of capitalism, without excessively bothering it.
The institutionalisation of self-education doesn’t mean being recognized as
one actor among many within the education market, but the capacity to organize
living knowledge’s autonomy and resistance.

One of the most important “new pedagogical models” that emerged over the past
year in the struggles around the implosion of the “public” university are the
occupations that took place in the Fall of 2009. Unlike other forms of action,
which tend to follow the timetable and cadence of the administration, to the
point of mirroring it, these actions had their own temporality, their own
initiative, their own internal logic. They were not at all concerned with
saving a university that was already in ruins, but rather with creating a
space at the heart of the University within which something else, some future,
could be risked, elaborated, prefigured. Everything had to be improvised, from
moment to moment, and in these improvisations new knowledges were developed
and shared. This improvisation was demanded by the aleatory quality of the
types of relations that emerged within these spaces, relations no longer
regulated by the social alibis that assigns everyone her/his place. When
students occupy university buildings—here in California, in NYC, in Puerto
Rico, in Europe and the UK, everywhere—they do so not because they want to
save their universities. They do so because they know the university for what
it is, as something to be at once seized and abandoned. They know that they
can only rely on and learn from one another.


## The Common and The Public

What is really so disconcerting about this antinomy between the logic of the
common and the logic of the social or the public? For Jacotot, it means the
development of a communist politics that is neither reformist nor seditious2.
It proposes the formation of common spaces at a distance from—if not outside
of—the public sphere and its communicative reason: “whoever forsakes the
workings of the social machine has the opportunity to make the electrical
energy of the emancipation machine.”

What does it mean to forsake the social machine? That is the major political
question facing us today. Such a forsaking would require that our political
energies organize themselves around spaces of experimentation at a distance
not only from the university and what is likely its slow-motion, or sudden,
collapse, but also from an entire imaginary inherited from the workers
movement: the task of a future social emancipation and vectors and forms of
struggle such a task implies. Perhaps what is required is not to put off
equality for the future, but presuppose the common, to affirm that commons as
a fact, a given, which must nevertheless be verified, created, not by a social
body, not by a collective force, but a power of the common, now.

School is not University. Neither is it Academy or College or even Institute.
We are all familiar with the common meaning of the word: it is a place for
learning. In another sense, it also refers to organized education in general,
which is made most clear by the decision to leave, to “drop out of school”.
Alongside these two stable, almost architectural definitions, the word
gestures to composition and movement—the school of bodies, moving
independently, together; the school only exists as long as that collective
movement does. The school takes shape in this oscillation between form and
formlessness, not through the act of constructing a wall but by the process of
realizing its boundary through practice.

Perhaps this is a way to think of how to develop what Felix Guattari called
“the associative sector” in 1982: “everything that isn’t the state, or private
capital, or even cooperatives”3. At first gloss, the associative sector is
only a name for the remainder, the already outside; but, in the language of a
school, it is a constellation of relationships, affinities, new
subjectivities, and movements, flickering into existence through life and use,
An “engaged withdrawal” that simultaneously creates an exit and institutes in
the act of passing through. Which itself might bring us back to school, to the
Greek etymology of school, skhole, “a holding back”, a “keeping clear” of
space for reflective distance. On the one hand, perhaps this reflective space
simply allows theoretical knowledge to shape or affect performative action;
but on the other hand, the production of this “clearing” is not given,
certainly not now and certainly not by the institutions that claim to give it.
Reflective space is not the precondition for performative action. On the
contrary; performative action is the precondition for reflective space—or,
more appropriately, space and action must be coproduced.

Is the University even worth “saving”? We are right to respond with
indignation, or better, with an array of tactics—some procedural, some more
“direct”—against these incursions, which always seem to authorize themselves
by appeals to economic austerity, budget shortfalls, and tightened belts.
Perhaps what is being destroyed in this process is the very notion of the
public sphere itself, a notion that. It is easy to succumb to the illusion
that the only possible result of this destruction of the figure of the public
is privatization. But what if the figure of the public was to be set off
against not only the private and property relations, but against a figure of
the “common” as well? What if, in other words, the notion of the public has
always been an unstable, mediating term between privatization and
communization, and what if the withering of this mediation left these two
process openly at odds with each other? Perhaps, then, it is not simply a
question of saving a university and, more broadly, a public space that is
already withering away; maybe our energies and our intelligence, our
collective or common intellectual forces, should be devoted to organizing and
articulating just this sort of counter-transition, at a distance from the
public and the private.


## Authorship and new forms of knowledge

For decades we have spoken about the “death of the author”. The most sustained
critiques of authorship have been made from the spheres of art and education,
but not coincidentally, these spheres have the most invested in the notion.
Credit and accreditation are the mechanisms for attaching symbolic capital to
individuals via degrees and other lines on CVs. The curriculum vitæ is an
inverted credit report, evidence of underpaid work, kept orderly with an
expectation of some future return.

All of this work, this self-documentation, this fidelity between ourselves and
our papers, is for what, for whom? And what is the consequence of a world
where every person is armed with their vitæ, other than “the war of all
against all?” It’s that sensation that there are no teams but everyone has got
their own jersey.

The idea behind the project The Public School is to teach each other in a very
horizontal way. No curriculum, no hierarchy. But is The Public School able to
produce new knowledge and new content by itself? Can the The Public School
become a sort of autonomous collective author? Or, is The Public School just
about exchanges and social networking?

In the recent history of university struggles, some collectives started to
refresh the idea of coresearch; a form of knowledge that can produce new
subjectivities by researching. New subjectivities that produce new knowledge
and new knowledge that produces new subjectivities If knowledge comes only
from conflict, knowledge goes back to conflict in order to produce new
autonomy and subjectivities.

### The Public School

Sean Dockray, Matteo Pasquinelli, Jason Smith and Caleb Waldorf are founding
members of and collaborators at The Public School. Initiated in 2007 under
Telic Arts Exchange (literally in the basement) in Los Angeles, The Public
School is a school with no curriculum. At the moment, it operates as follows:
first, classes are proposed by the public; then, people have the opportunity
to sign up for the classes; finally, when enough people have expressed
interest, the school finds a teacher and offers the class to those who signed
up. The Public School is not accredited, it does not give out degrees, and it
has no affiliation with the public school system. It is a framework that
supports autodidactic activities, operating under the assumption that
everything is in everything. The Public School currently exists in Los
Angeles, New York, Berlin, Brussels, Helsinki, Philadelphia, Durham, San Juan,
and is still expanding.


 

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