Medak, Mars & WHW
Public Library
2015


Public Library

may • 2015
price 50 kn

This publication is realized along with the exhibition
Public Library • 27/5 –13/06 2015 • Gallery Nova • Zagreb
Izdavači / Publishers
Editors
Tomislav Medak • Marcell Mars •
What, How & for Whom / WHW
ISBN 978-953-55951-3-7 [Što, kako i za koga/WHW]
ISBN 978-953-7372-27-9 [Multimedijalni institut]
A Cip catalog record for this book is available from the
National and University Library in Zagreb under 000907085

With the support of the Creative Europe Programme of the
European Union

ZAGREB • ¶ May • 2015

Public Library

1.
Marcell Mars, Manar Zarroug
& Tomislav Medak

75

Public Library (essay)
2.
Paul Otlet

87

Transformations in the Bibliographical
Apparatus of the Sciences
(Repertory — Classification — Office
of Documentation)
3.
McKenzie Wark

111

Metadata Punk
4.
Tomislav Medak
The Future After the Library
UbuWeb and Monoskop’s Radical Gestures

121

Marcell Mars,
Manar Zarroug
& Tomislav Medak

Public library (essay)

In What Was Revolutionary about the French Revolution? 01 Robert Darnton considers how a complete collapse of the social order (when absolutely
everything — all social values — is turned upside
down) would look. Such trauma happens often in
the life of individuals but only rarely on the level
of an entire society.
In 1789 the French had to confront the collapse of
a whole social order—the world that they defined
retrospectively as the Ancien Régime — and to find
some new order in the chaos surrounding them.
They experienced reality as something that could
be destroyed and reconstructed, and they faced
seemingly limitless possibilities, both for good and
evil, for raising a utopia and for falling back into
tyranny.02
The revolution bootstraps itself.
01 Robert H. Darnton, What Was Revolutionary about the
French Revolution? (Waco, TX: Baylor University Press,
1996), 6.
02 Ibid.

Public library (essay)

75

In the dictionaries of the time, the word revolution was said to derive from the verb to revolve and
was defined as “the return of the planet or a star to
the same point from which it parted.” 03 French political vocabulary spread no further than the narrow
circle of the feudal elite in Versailles. The citizens,
revolutionaries, had to invent new words, concepts
… an entire new language in order to describe the
revolution that had taken place.
They began with the vocabulary of time and space.
In the French revolutionary calendar used from 1793
until 1805, time started on 1 Vendémiaire, Year 1, a
date which marked the abolition of the old monarchy on (the Gregorian equivalent) 22 September
1792. With a decree in 1795, the metric system was
adopted. As with the adoption of the new calendar,
this was an attempt to organize space in a rational
and natural way. Gram became a unit of mass.
In Paris, 1,400 streets were given new names.
Every reminder of the tyranny of the monarchy
was erased. The revolutionaries even changed their
names and surnames. Le Roy or Leveque, commonly
used until then, were changed to Le Loi or Liberté.
To address someone, out of respect, with vous was
forbidden by a resolution passed on 24 Brumaire,
Year 2. Vous was replaced with tu. People are equal.
The watchwords Liberté, égalité, fraternité (freedom, equality, brotherhood)04 were built through
03 Ibid.
04 Slogan of the French Republic, France.fr, n.d.,
http://www.france.fr/en/institutions-and-values/slogan
-french-republic.html.

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M. Mars • M. Zarroug • T. Medak

literacy, new epistemologies, classifications, declarations, standards, reason, and rationality. What first
comes to mind about the revolution will never again
be the return of a planet or a star to the same point
from which it departed. Revolution bootstrapped,
revolved, and hermeneutically circularized itself.
Melvil Dewey was born in the state of New York in
1851.05 His thirst for knowledge was found its satisfaction in libraries. His knowledge about how to
gain knowledge was developed by studying libraries.
Grouping books on library shelves according to the
color of the covers, the size and thickness of the spine,
or by title or author’s name did not satisfy Dewey’s
intention to develop appropriate new epistemologies in the service of the production of knowledge
about knowledge. At the age of twenty-four, he had
already published the first of nineteen editions of
A Classification and Subject Index for Cataloguing
and Arranging the Books and Pamphlets of a Library,06 the classification system that still bears its
author’s name: the Dewey Decimal System. Dewey
had a dream: for his twenty-first birthday he had
announced, “My World Work [will be] Free Schools
and Free Libraries for every soul.”07
05 Richard F. Snow, “Melvil Dewey”, American Heritage 32,
no. 1 (December 1980),
http://www.americanheritage.com/content/melvil-dewey.
06 Melvil Dewey, A Classification and Subject Index for Cataloguing and Arranging the Books and Pamphlets of a
Library (1876), Project Gutenberg e-book 12513 (2004),
http://www.gutenberg.org/files/12513/12513-h/12513-h.htm.
07 Snow, “Melvil Dewey”.

Public library (essay)

77

His dream came true. Public Library is an entry
in the catalog of History where a fantastic decimal08
describes a category of phenomenon that—together
with free public education, a free public healthcare,
the scientific method, the Universal Declaration of
Human Rights, Wikipedia, and free software, among
others—we, the people, are most proud of.
The public library is a part of these invisible infrastructures that we start to notice only once they
begin to disappear. A utopian dream—about the
place from which every human being will have access to every piece of available knowledge that can
be collected—looked impossible for a long time,
until the egalitarian impetus of social revolutions,
the Enlightment idea of universality of knowledge,
and the expcetional suspenssion of the comercial
barriers to access to knowledge made it possible.
The internet has, as in many other situations, completely changed our expectations and imagination
about what is possible. The dream of a catalogue
of the world — a universal approach to all available
knowledge for every member of society — became
realizable. A question merely of the meeting of
curves on a graph: the point at which the line of
global distribution of personal computers meets
that of the critical mass of people with access to
the internet. Today nobody lacks the imagination
necessary to see public libraries as part of a global infrastructure of universal access to knowledge
for literally every member of society. However, the
08 “Dewey Decimal Classification: 001.”, Dewey.info, 27 October 2014, http://dewey.info/class/001/2009-08/about.en.

78

M. Mars • M. Zarroug • T. Medak

emergence and development of the internet is taking place precisely at the point at which an institutional crisis—one with traumatic and inconceivable
consequences—has also begun.
The internet is a new challenge, creating experiences commonly proferred as ‘revolutionary’. Yet, a
true revolution of the internet is the universal access
to all knowledge that it makes possible. However,
unlike the new epistemologies developed during
the French revolution the tendency is to keep the
‘old regime’ (of intellectual property rights, market
concentration and control of access). The new possibilities for classification, development of languages,
invention of epistemologies which the internet poses,
and which might launch off into new orbits from
existing classification systems, are being suppressed.
In fact, the reactionary forces of the ‘old regime’
are staging a ‘Thermidor’ to suppress the public libraries from pursuing their mission. Today public
libraries cannot acquire, cannot even buy digital
books from the world’s largest publishers.09 The
small amount of e-books that they were able to acquire already they must destroy after only twenty-six
lendings.10 Libraries and the principle of universal
09 “American Library Association Open Letter to Publishers on
E-Book Library Lending”, Digital Book World, 24 September
2012, http://www.digitalbookworld.com/2012/americanlibrary-association-open-letter-to-publishers-on-e-booklibrary-lending/.
10 Jeremy Greenfield, “What Is Going On with Library E-Book
Lending?”, Forbes, 22 June 2012, http://www.forbes.com/
sites/jeremygreenfield/2012/06/22/what-is-going-on-withlibrary-e-book-lending/.

Public library (essay)

79

access to all existing knowledge that they embody
are losing, in every possible way, the battle with a
market dominated by new players such as Amazon.
com, Google, and Apple.
In 2012, Canada’s Conservative Party–led government cut financial support for Libraries and
Archives Canada (LAC) by Can$9.6 million, which
resulted in the loss of 400 archivist and librarian
jobs, the shutting down of some of LAC’s internet
pages, and the cancellation of the further purchase
of new books.11 In only three years, from 2010 to
2012, some 10 percent of public libraries were closed
in Great Britain.12
The commodification of knowledge, education,
and schooling (which are the consequences of a
globally harmonized, restrictive legal regime for intellectual property) with neoliberal austerity politics
curtails the possibilities of adapting to new sociotechnological conditions, let alone further development, innovation, or even basic maintenance of
public libraries’ infrastructure.
Public libraries are an endangered institution,
doomed to extinction.
Petit bourgeois denial prevents society from confronting this disturbing insight. As in many other
fields, the only way out offered is innovative mar11 Aideen Doran, “Free Libraries for Every Soul: Dreaming
of the Online Library”, The Bear, March 2014, http://www.
thebear-review.com/#!free-libraries-for-every-soul/c153g.
12 Alison Flood, “UK Lost More than 200 Libraries in 2012”,
The Guardian, 10 December 2012, http://www.theguardian.
com/books/2012/dec/10/uk-lost-200-libraries-2012.

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M. Mars • M. Zarroug • T. Medak

ket-based entrepreneurship. Some have even suggested that the public library should become an
open software platform on top of which creative
developers can build app stores13 or Internet cafés
for the poorest, ensuring that they are only a click
away from the Amazon.com catalog or the Google
search bar. But these proposals overlook, perhaps
deliberately, the fundamental principles of access
upon which the idea of the public library was built.
Those who are well-meaning, intelligent, and
tactfull will try to remind the public of all the many
sides of the phenomenon that the public library is:
major community center, service for the vulnerable,
center of literacy, informal and lifelong learning; a
place where hobbyists, enthusiasts, old and young
meet and share knowledge and skills.14 Fascinating. Unfortunately, for purely tactical reasons, this
reminder to the public does not always contain an
explanation of how these varied effects arise out of
the foundational idea of a public library: universal
access to knowledge for each member of the society produces knowledge, produces knowledge about
knowledge, produces knowledge about knowledge
transfer: the public library produces sociability.
The public library does not need the sort of creative crisis management that wants to propose what
13 David Weinberger, “Library as Platform”, Library Journal,
4 September 2012, http://lj.libraryjournal.com/2012/09/
future-of-libraries/by-david-weinberger/.
14 Shannon Mattern, “Library as Infrastructure”, Design
Observer, 9 June 2014, http://places.designobserver.com/
entryprint.html?entry=38488.

Public library (essay)

81

the library should be transformed into once our society, obsessed with market logic, has made it impossible for the library to perform its main mission. Such
proposals, if they do not insist on universal access
to knowledge for all members, are Trojan horses for
the silent but galloping disappearance of the public
library from the historical stage. Sociability—produced by public libraries, with all the richness of its
various appearances—will be best preserved if we
manage to fight for the values upon which we have
built the public library: universal access to knowledge for each member of our society.
Freedom, equality, and brotherhood need brave librarians practicing civil disobedience.
Library Genesis, aaaaarg.org, Monoskop, UbuWeb
are all examples of fragile knowledge infrastructures
built and maintained by brave librarians practicing
civil disobedience which the world of researchers
in the humanities rely on. These projects are re-inventing the public library in the gap left by today’s
institutions in crisis.
Library Genesis15 is an online repository with over
a million books and is the first project in history to
offer everyone on the Internet free download of its
entire book collection (as of this writing, about fifteen terabytes of data), together with the all metadata
(MySQL dump) and PHP/HTML/Java Script code
for webpages. The most popular earlier reposito15 See http://libgen.org/.

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M. Mars • M. Zarroug • T. Medak

ries, such as Gigapedia (later Library.nu), handled
their upload and maintenance costs by selling advertising space to the pornographic and gambling
industries. Legal action was initiated against them,
and they were closed.16 News of the termination of
Gigapedia/Library.nu strongly resonated among
academics and book enthusiasts circles and was
even noted in the mainstream Internet media, just
like other major world events. The decision by Library Genesis to share its resources has resulted
in a network of identical sites (so-called mirrors)
through the development of an entire range of Net
services of metadata exchange and catalog maintenance, thus ensuring an exceptionally resistant
survival architecture.
aaaaarg.org, started by the artist Sean Dockray, is
an online repository with over 50,000 books and
texts. A community of enthusiastic researchers from
critical theory, contemporary art, philosophy, architecture, and other fields in the humanities maintains,
catalogs, annotates, and initiates discussions around
it. It also as a courseware extension to the self-organized education platform The Public School.17
16 Andrew Losowsky, “Library.nu, Book Downloading Site,
Targeted in Injunctions Requested by 17 Publishers,” Huffington Post, 15 February 2012, http://www.huffingtonpost.
com/2012/02/15/librarynu-book-downloading-injunction_
n_1280383.html.
17 “The Public School”, The Public School, n.d.,
https://www.thepublicschool.org/.

Public library (essay)

83

UbuWeb18 is the most significant and largest online
archive of avant-garde art; it was initiated and is lead
by conceptual artist Kenneth Goldsmith. UbuWeb,
although still informal, has grown into a relevant
and recognized critical institution of contemporary
art. Artists want to see their work in its catalog and
thus agree to a relationship with UbuWeb that has
no formal contractual obligations.
Monoskop is a wiki for the arts, culture, and media
technology, with a special focus on the avant-garde,
conceptual, and media arts of Eastern and Central
Europe; it was launched by Dušan Barok and others.
In the form of a blog Dušan uploads to Monoskop.
org/log an online catalog of curated titles (at the
moment numbering around 3,000), and, as with
UbuWeb, it is becoming more and more relevant
as an online resource.
Library Genesis, aaaaarg.org, Kenneth Goldsmith,
and Dušan Barok show us that the future of the
public library does not need crisis management,
venture capital, start-up incubators, or outsourcing but simply the freedom to continue extending
the dreams of Melvil Dewey, Paul Otlet19 and other
visionary librarians, just as it did before the emergence of the internet.

18 See http://ubu.com/.
19 “Paul Otlet”, Wikipedia, 27 October 2014,
http://en.wikipedia.org/wiki/Paul_Otlet.

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M. Mars • M. Zarroug • T. Medak

With the emergence of the internet and software
tools such as Calibre and “[let’s share books],”20 librarianship has been given an opportunity, similar to astronomy and the project SETI@home21, to
include thousands of amateur librarians who will,
together with the experts, build a distributed peerto-peer network to care for the catalog of available
knowledge, because
a public library is:
— free access to books for every member of society
— library catalog
— librarian
With books ready to be shared, meticulously
cataloged, everyone is a librarian.
When everyone is librarian, library is
everywhere.22


20 “Tools”, Memory of the World, n.d.,
https://www.memoryoftheworld.org/tools/.
21 See http://setiathome.berkeley.edu/.
22 “End-to-End Catalog”, Memory of the World, 26 November 2012,
https://www.memoryoftheworld.org/end-to-end-catalog/.

Public library (essay)

85

Paul Otlet

Transformations
in the Bibliographical Apparatus
of the Sciences [1]
Repertory — Classification — Office
of Documentation
1. Because of its length, its extension to all countries,
the profound harm that it has created in everyone’s
life, the War has had, and will continue to have, repercussions for scientific productivity. The hour for
the revision of the old order is about to strike. Forced
by the need for economies of men and money, and
by the necessity of greater productivity in order to
hold out against all the competition, we are going to
have to introduce reforms into each of the branches
of the organisation of science: scientific research, the
preservation of its results, and their wide diffusion.
Everything happens simultaneously and the distinctions that we will introduce here are only to
facilitate our thinking. Always adjacent areas, or
even those that are very distant, exert an influence
on each other. This is why we should recognize the
impetus, growing each day even greater in the organisation of science, of the three great trends of
our times: the power of associations, technological
progress and the democratic orientation of institutions. We would like here to draw attention to some
of their consequences for the book in its capacity

Transformations In The Bibliographical
Apparatus Of The Sciences

87

as an instrument for recording what has been discovered and as a necessary means for stimulating
new discoveries.
The Book, the Library in which it is preserved,
and the Catalogue which lists it, have seemed for
a long time as if they had achieved their heights of
perfection or at least were so satisfactory that serious
changes need not be contemplated. This may have
been so up to the end of the last century. But for a
score of years great changes have been occurring
before our very eyes. The increasing production of
books and periodicals has revealed the inadequacy of
older methods. The increasing internationalisation
of science has required workers to extend the range
of their bibliographic investigations. As a result, a
movement has occurred in all countries, especially
Germany, the United States and England, for the
expansion and improvement of libraries and for
an increase in their numbers. Publishers have been
searching for new, more flexible, better-illustrated,
and cheaper forms of publication that are better-coordinated with each other. Cataloguing enterprises
on a vast scale have been carried out, such as the
International Catalogue of Scientific Literature and
the Universal Bibliographic Repertory. [2]
Three facts, three ideas, especially merit study
for they represent something really new which in
the future can give us direction in this area. They
are: The Repertory, Classification and the Office of
Documentation.
•••

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Paul Otlet

2. The Repertory, like the book, has gradually been
increasing in size, and improvements in it suggest
the emergence of something new which will radically modify our traditional ideas.
From the point of view of form, a book can be
defined as a group of pages cut to the same format
and gathered together in such a way as to form a
whole. It was not always so. For a long time the
Book was a roll, a volumen. The substances which
then took the place of paper — papyrus and parchment — were written on continuously from beginning to end. Reading required unrolling. This was
certainly not very practical for the consultation of
particular passages or for writing on the verso. The
codex, which was introduced in the first centuries of
the modern era and which is the basis of our present
book, removed these inconveniences. But its faults
are numerous. It constitutes something completed,
finished, not susceptible of addition. The Periodical
with its successive issues has given science a continuous means of concentrating its results. But, in
its turn, the collections that it forms runs into the
obstacle of disorder. It is impossible to link similar
or connected items; they are added to one another
pell-mell, and research requires handling great masses of heavy paper. Of course indexes are a help and
have led to progress — subject indexes, sometimes
arranged systematically, sometimes analytically,
and indexes of names of persons and places. These
annual indexes are preceded by monthly abstracts
and are followed by general indexes cumulated every
five, ten or twenty-five years. This is progress, but
the Repertory constitutes much greater progress.

Transformations In The Bibliographical
Apparatus Of The Sciences

89

The aim of the Repertory is to detach what the
book amalgamates, to reduce all that is complex to
its elements and to devote a page to each. Pages, here,
are leaves or cards according to the format adopted.
This is the “monographic” principle pushed to its
ultimate conclusion. No more binding or, if it continues to exist, it will become movable, that is to
say, at any moment the cards held fast by a pin or a
connecting rod or any other method of conjunction
can be released. New cards can then be intercalated,
replacing old ones, and a new arrangement made.
The Repertory was born of the Catalogue. In
such a work, the necessity for intercalations was
clear. Nor was there any doubt as to the unitary or
monographic notion: one work, one title; one title,
one card. As a result, registers which listed the same
collections of books for each library but which had
constantly to be re-done as the collections expanded,
have gradually been discarded. This was practical
and justified by experience. But upon reflection one
wonders whether the new techniques might not be
more generally applied.
What is a book, in fact, if not a single continuous line which has initially been cut to the length
of a page and then cut again to the size of a justified
line? Now, this cutting up, this division, is purely
mechanical; it does not correspond to any division
of ideas. The Repertory provides a practical means
of physically dividing the book according to the
intellectual division of ideas.
Thus, the manuscript library catalogue on cards
has been quickly followed by catalogues printed on
cards (American Library Bureau, the Catalogue or

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the Library of Congress in Washington) [3]; then by
bibliographies printed on cards (International Institute of Bibliography, Concilium Bibliographicum)
[4]; next, indices of species have been published on
cards (Index Speciorum) [5]. We have moved from
the small card to the large card, the leaf, and have
witnessed compendia abandoning the old form for
the new (Jurisclasseur, or legal digests in card form).
Even the idea of the encyclopedia has taken this
form (Nelson’s Perpetual Cyclopedia [6]).
Theoretically and technically, we now have in
the Repertory a new instrument for analytically or
monographically recording data, ideas, information. The system has been improved by divisionary cards of various shapes and colours, placed in
such a way that they express externally the outline
of the classification being used and reduce search
time to a minimum. It has been improved further
by the possibility of using, by cutting and pasting,
materials that have been printed on large leaves or
even books that have been published without any
thought of repertories. Two copies, the first providing the recto, the second the verso, can supply
all that is necessary. One has gone even further still
and, from the example of statistical machines like
those in use at the Census of Washington (sic) [7],
extrapolated the principle of “selection machines”
which perform mechanical searches in enormous
masses of materials, the machines retaining from
the thousands of cards processed by them only those
related to the question asked.
•••

Transformations In The Bibliographical
Apparatus Of The Sciences

91

3. But such a development, like the Repertory before it, presupposes a classification. This leads us to
examine the second practical idea that is bringing
about the transformation of the book.
Classification plays an enormous role in scientific thought. If one could say that a science was a
well-made language, one could equally assert that
it is a completed classification. Science is made up
of verified facts which are organised in a structure
of systems, hypotheses, theories, laws. If there is
a certain order in things, it is necessary to have it
also in science which reflects and explains nature.
That is why, since the time of Greek thought until
the present, constant efforts have been made to improve classification. These have taken three principal directions: classification studied as an activity
of the mind; the general classification and sequence
of the sciences; the systematization appropriate to
each discipline. The idea of order, class, genus and
species has been studied since Aristotle, in passing
by Porphyrus, by the scholastic philosophers and by
modern logicians. The classification of knowledge
goes back to the Greeks and owes much to the contributions of Bacon and the Renaissance. It was posed
as a distinct and separate problem by D’Alembert
and the Encyclopédie, and by Ampère, Comte, and
Spencer. The recent work of Manouvrier, Durand
de Cros, Goblot, Naville, de la Grasserie, has focussed on various aspects of it. [8] As to systematics,
one can say that this has become the very basis of
the organisation of knowledge as a body of science.
When one has demonstrated the existence of 28 million stars, a million chemical compounds, 300,000

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vegetable species, 200,000 animal species, etc., it is
necessary to have a means, an Ariadne’s thread, of
finding one’s way through the labyrinth formed by
all these objects of study. Because there are sciences of beings as well as sciences of phenomena, and
because they intersect with each other as we better
understand the whole of reality, it is necessary that
this means be used to retrieve both. The state of development of a science is reflected at any given time
by its systematics, just as the general classification
of the sciences reflects the state of development of
the encyclopedia, of the philosophy of knowledge.
The need has been felt, however, for a practical
instrument of classification. The classifications of
which we have just spoken are constantly changing, at least in their detail if not in broad outline. In
practice, such instability, such variability which is
dependent on the moment, on schools of thought
and individuals, is not acceptable. Just as the Repertory had its origin in the catalogue, so practical
classification originated in the Library. Books represent knowledge and it is necessary to arrange them
in collections. Schemes for this have been devised
since the Middle Ages. The elaboration of grand
systems occurred in the 17th and 18th centuries
and some new ones were added in the 19th century. But when bibliography began to emerge as an
autonomous field of study, it soon began to develop
along the lines of the catalogue of an ideal library
comprising the totality of what had been published.
From this to drawing on library classifications was
but a step, and it was taken under certain conditions
which must be stressed.

Transformations In The Bibliographical
Apparatus Of The Sciences

93

Up to the present time, 170 different classifications
have been identified. Now, no cooperation is possible if everyone stays shut up in his own system. It
has been necessary, therefore, to choose a universal
classification and to recommend it as such in the
same way that the French Convention recognized
the necessity of a universal system of weights and
measures. In 1895 the first International Conference
of Bibliography chose the Decimal Classification
and adopted a complete plan for its development. In
1904, the edition of the expanded tables appeared. A
new edition was being prepared when the war broke
out Brussels, headquarters of the International Institute of Bibliography, which was doing this work,
was part of the invaded territory.
In its latest state, the Decimal Classification has
become an instrument of great precision which
can meet many needs. The printed tables contain
33,000 divisions and they have an alphabetical index consisting of about 38,000 words. Learning is
here represented in its entire sweep: the encyclopedia of knowledge. Its principle is very simple. The
empiricism of an alphabetical classification by subject-heading cannot meet the need for organising
and systematizing knowledge. There is scattering;
there is also the difficulty of dealing with the complex expressions which one finds in the modern terminology of disciplines like medicine, technology,
and the social sciences. Above all, it is impossible
to achieve any international cooperation on such
a national basis as language. The Decimal Classification is a vast systematization of knowledge, “the
table of contents of the tables of contents” of all

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Paul Otlet

treatises. But, as it would be impossible to find a
particular subject’s relative place by reference to
another subject, a system of numbering is needed.
This is decimal, which an example will make clear.
Optical Physiology would be classified thus:
5 th Class
3rd Group
5th Division
7th Sub-division

Natural Sciences
Physics
Optics
Optical Physiology

or 535.7
This number 535.7 is called decimal because all
knowledge is taken as one of which each science is
a fraction and each individual subject is a decimal
subdivided to a lesser or greater degree. For the sake
of abbreviation, the zero of the complete number,
which would be 0.5357, has been suppressed because
the zero would be repeated in front of each number.
The numbers 5, 3, 5, 7 (which one could call five hundred and thirty-five point seven and which could
be arranged in blocks of three as for the telephone,
or in groups of twos) form a single number when
the implied words, “class, group, division and subdivision,” are uttered.
The classification is also called decimal because
all subjects are divided into ten classes, then each
of these into at least ten groups, and each group
into at least ten divisions. All that is needed for the
number 535.7 always to have the same meaning is
to translate the tables into all languages. All that is
needed to deal with future scientific developments

Transformations In The Bibliographical
Apparatus Of The Sciences

95

in optical physiology in all of its ramifications is to
subdivide this number by further decimal numbers
corresponding to the subdivisions of the subject
Finally, all that is needed to ensure that any document or item pertaining to optical physiology finds
its place within the sum total of scientific subjects
is to write this number on it In the alphabetic index
to the tables references are made from each word
to the classification number just as the index of a
book refers to page numbers.
This first remarkable principle of the decimal
classification is generally understood. Its second,
which has been introduced more recently, is less
well known: the combination of various classification numbers whenever there is some utility in expressing a compound or complex heading. In the
social sciences, statistics is 31 and salaries, 331.2. By
a convention these numbers can be joined by the
simple sign : and one may write 31:331.2 statistics
of salaries.01
This indicates a general relationship, but a subject also has its place in space and time. The subject
may be salaries in France limited to a period such as
the 18th century (that is to say, from 1700 to 1799).
01 The first ten divisions are: 0 Generalities, 1 Philosophy, 2
Religion, 3 Social Sciences, 4 Philology, Language, 5 Pure
Sciences, 6 Applied Science, Medicine, 7 Fine Arts, 8 Literature, 9 History and Geography. The Index number 31 is
derived from: 3rd class social sciences, 1st group statistics. The
Index number 331.2 is derived from 3rd class social sciences,
3rd group political economy, 1st division topics about work,
2nd subdivision salaries.

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The sign that characterises division by place being
the parenthesis and that by time quotation marks
or double parentheses, one can write:
33:331.2 (44) «17» statistics — of salaries — in
France — in the 17th century
or ten figures and three signs to indicate, in terms
of the universe of knowledge, four subordinated
headings comprising 42 letters. And all of these
numbers are reversible and can be used for geographic or chronologic classification as well as for
subject classification:
(44) 31:331.2 «17»
France — Statistics — Salaries — 17th Century
«17» (44) 31:331.2
17th Century — France — Statistics — Salaries
The subdivisions of relation and location explained
here, are completed by documentary subdivisions
for the form and the language of the document (for
example, periodical, in Italian), and by functional
subdivisions (for example, in zoology all the divisions by species of animal being subdivided by biological aspects). It follows by virtue of the law of
permutations and combinations that the present
tables of the classification permit the formulation
at will of millions of classification numbers. Just as
arithmetic does not give us all the numbers readymade but rather a means of forming them as we
need them, so the classification gives us the means

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of creating classification numbers insofar as we have
compound headings that must be translated into a
notation of numbers.
Like chemistry, mathematics and music, bibliography thus has its own extremely simple notations:
numbers. Immediately and without confusion, it
allows us to find a place for each idea, for each thing
and consequently for each book, article, or document and even for each part of a book or document
Thus it allows us to take our bearings in the midst
of the sources of knowledge, just as the system of
geographic coordinates allows us to take our bearings on land or sea.
One may well imagine the usefulness of such a
classification to the Repertory. It has rid us of the
difficulty of not having continuous pagination. Cards
to be intercalated can be placed according to their
class number and the numbering is that of tables
drawn up in advance, once and for all, and maintained with an unvarying meaning. As the classification has a very general use, it constitutes a true
documentary classification which can be used in
various kinds of repertories: bibliographic repertories; catalogue-like repertories of objects, persons,
phenomena; and documentary repertories of files
made up of written or printed materials of all kinds.
The possibility can be envisaged of encyclopedic
repertories in which are registered and integrated
the diverse data of a scientific field and which draw
for this purpose on materials published in periodicals. Let each article, each report, each item of news
henceforth carry a classification number and, automatically, by clipping, encyclopedias on cards can

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be created in which all the results of international
scientific cooperation are brought together at the
same number. This constitutes a profound change
in the technology of the Book, since the repertory
thus formed is simultaneously a constantly up-dated book and a cooperative book in which are found
printed elements produced in all locations.
•••
4. If we can realize the third idea, the Office of Documentation, then reform will be complete. Such an
office is the old library, but adapted to a new function. Hitherto the library has been a museum of
books. Works were preserved in libraries because
they were precious objects. Librarians were keepers.
Such establishments were not organised primarily
for the use of documents. Moreover, their outmoded
regulations if they did not exclude the most modern
forms of publication at least did not admit them.
They have poor collections of journals; collections
of newspapers are nearly nonexistent; photographs,
films, phonograph discs have no place in them, nor
do film negatives, microscopic slides and many other “documents.” The subject catalogue is considered
secondary in the library so long as there is a good
register for administrative purposes. Thus there is
little possibility of developing repertories in the
library, that is to say of taking publications to pieces and redistributing them in a more directly and
quickly accessible form. For want of personnel to
arrange them, there has not even been a place for
the cards that are received already printed.

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The Office of Documentation, on the contrary, is
conceived of in such a way as to achieve all that is
lacking in the library. Collections of books are the
necessary basis for it, but books, far from being
considered as finished products, are simply materials which must be developed more fully. This
development consists in establishing the connections each individual book has with all of the other
books and forming from them all what might be
called The Universal Book. It is for this that we use
repertories: bibliographic repertories; repertories of
documentary dossiers gathering pamphlets and extracts together by subject; catalogues; chronological
repertories of facts or alphabetical ones of names;
encyclopedic repertories of scientific data, of laws,
of patents, of physical and technical constants, of
statistics, etc. All of these repertories will be set up
according to the method described above and arranged by the same universal classification. As soon
as an organisation to contain these repertories is
created, the Office of Documentation, one may be
sure that what happened to the book when libraries
first opened — scientific publication was regularised
and intensified — will happen to them. Then there
will be good reason for producing in bibliographies,
catalogues, and above all in books and periodicals
themselves, the rational changes which technology and the creative imagination suggest. What is
still an exception today will be common tomorrow.
New possibilities will exist for cooperative work
and for the more effective organisation of science.
•••

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5. Repertory, Classification, Office of Documentation are therefore the three related elements of a
single reform in our methods of registering scientific discoveries and making them available to the
greatest number of people. Already one must speak
less of experiments and uncertain trials than of the
beginning of serious achievement. The International Institute of Bibliography in Brussels constitutes
a vast intellectual cooperative whose members are
becoming more numerous each day. Associations,
scientific establishments, periodical publications,
scientific and technical workers of every kind are
affiliating with it. Its repertories contain millions of
cards. There are sections in several countries02 . But
this was before the War. Since its outbreak, a movement in France, England and the United States has
been emerging everywhere to improve the organisation of the Book. The Office of Documentation has
been suggested as the solution for the requirements
that have been discussed.
It is important that the world of science and
technology should support this movement and
above all that it should endeavour to apply the new
methods to the works which it will be necessary to
re-organise. Among the most important of these is
the International Catalogue of Scientific Literature,
that fine and great work begun at the initiative of the
Royal Society of London. Until now, this work has
02 In France, the Bureau Bibliographique de Paris and great
associations such as the Société pour l’encouragement de
l’industrie nationale, l’Association pour l’avancement des
sciences, etc., are affiliated with it.

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been carried on without relation to other works of
the same kind: it has not recognised the value of a
card repertory or a universal classification. It must
recognise them in the future.03 ❧

03 See Paul Otlet, “La Documentation et I’information au service de I’industrie”, Bulletin de la Société d’encouragement
de l’industrie nationale, June 1917. — La Documentation au
service de l’invention. Euréka, October 1917. — L’Institut
International de Bibliographie, Bibliographie de la France,
21 December 1917. — La Réorganisation du Catalogue international de la littérature scientifique. Revue générale des
sciences, IS February 1918. The publications of the Institute,
especially the expanded tables of the Decimal Classification,
have been deposited at the Bureau Bibliographique de Paris,
44 rue de Rennes at the apartments of the Société de l’encouragement. — See also the report presented by General
Sebert (9] to the Congrès du Génie civil, in March 1918 and
whose conclusions about the creation in Paris of a National
Office of Technical Documentation have been adopted.

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Editor’s Notes
[1] “Transformations operées dans l’appareil bibliographique
des sciences,” Revue scientifique 58 (1918): 236-241.
[2] The International Catalogue of Scientific Literature, an enormous work, was compiled by a Central Bureau under the
sponsorship of the Royal Society from material sent in from
Regional Bureaus around the world. It was published annually beginning in 1902 in 17 parts each corresponding to
a major subject division and comprising one or more volumes. Publication was effectively suspended in 1914. By the
time war broke out, the Universal Bibliographic Repertory
contained over 11 million entries.
[3] For card publication by the Library Bureau and Library of
Congress, see Edith Scott, “The Evolution of Bibliographic
Systems in the United States, 1876–1945” and Editor’s Note
36 to the second paper and Note 5 to the seventh paper in
International Organisation and Dissemination of Knowledge; Selected Essays of Paul Otlet, translated and edited by
W. Boyd Rayward. Amsterdam: Elsevier, 1990: 148–156.
[4] Otlet refers to the Concilium Bibliographicum also in Paper
No. 7, “The Reform of National Bibliographies...” in International Organisation and Dissemination of Knowledge; Selected
Essays of Paul Otlet. See also Editor’s Note 5 in that paper
for the major bibliographies published by the Concilium
Bibliographicum.
[5] A possible example of what Otlet is referring to here is the
Gray Herbarium Index. This was “planned to provide cards
for all the names of vascular plant taxa attributable to the

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Western Hemisphere beginning with the literature of 1886”
(Gray Herbarium Index, Preface, p. iii). Under its first compiler, 20 instalments consisting in all of 28,000 cards were
issued between 1894 and 1903. It has been continued after
that time and was for many years “issued quarterly at the
rate of about 4,000 cards per year.” At the time the cards
were reproduced in a printed catalogue by G. K. Hall in 1968,
there were 85 subscribers to the card sets.
[6] Nelson’s Perpetual Loose-Leaf Encylcopedia was a popular,
12-volume work which went through many editions, its
principle being set down at the beginning of the century.
It was published in binders and the publisher undertook to
supply a certain number of pages of revisions (or renewals)
semi-annually after each edition, the first of which appeared
in 1905. An interesting reference presumably to this work
occurs in a notice, “An Encylcopedia on the Card-Index System,” in the Scientific American 109 (1913): 213. The Berlin
Correspondent of the journal reports a proposal made in
Berlin which contains “an idea, in a sense ... already carried
out in an American loose-leaf encyclopedia, the publishers
of which supply new pages to take the place of those that
are obsolete” (Nelsons, an English firm, set up a New York
branch in 1896. Publication in the U.S. of works to be widely
circulated there was a requirement of the copyright law.)
The reporter observes that the principle suggested “affords
a means of recording all facts at present known as well as
those to be discovered in the future, with the same safety
and ease as though they were registered in our memory, by
providing a universal encyclopedia, incessantly keeping
abreast of the state of human knowledge.” The “bookish”
form of conventional encyclopedias acts against its future
success. “In the case of a mere storehouse of facts the in-

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finitely more mobile form of the card index should however
be adopted, possibly,” the author goes on making a most interesting reference, “in conjunction with Dr. Goldschmidt’s
Microphotographic Library System.” The need for a central
institute, the nature of its work, the advantages of the work
so organised are described in language that is reminiscent
of that of Paul Otlet (see also the papers of Goldschmidt
and Otlet translated in International Organisation and
Dissemination of Knowledge; Selected Essays of Paul Otlet).
[7] These machines were derived from Herman Hollerith’s
punched cards and tabulating machines. Hollerith had
introduced them under contract into the U.S. Bureau of
the Census for the 1890 census. This equipment was later
modified and developed by the Bureau. Hollerith, his invention and his business connections lie at the roots of the
present IBM company. The equipment and its uses in the
census from 1890 to 1910 are briefly described in John H.
Blodgett and Claire K. Schultz, “Herman Hollerith: Data
Processing Pioneer,” American Documentation 20 (1969):
221-226. As they observe, suggesting the accuracy of Otlet’s
extrapolation, “his was not simply a calculating machine,
it performed selective sorting, an operation basic to all information retrieval.”
[8] The history of the classification of knowledge has been treated
in English in detail by E.C. Richardson in his Classification
Theoretical and Practical, the first edition of which appeared
in 1901 and was followed by editions in 1912 and 1930. A
different treatment is given in Robert Flint’s Philosophy as
Scientia Scientarium: a History of the Classification of the
Sciences which appeared in 1904. Neither of these works
deal with Manouvrier, a French anthropologist, or Durand

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de Cros. Joseph-Pierre Durand, sometimes called Durand
de Cros after his birth place, was a French physiologist and
philosopher who died in 1900. In his Traité de documentation,
in the context of his discussion of classification, Otlet refers
to an Essai de taxonomie by Durand published by Alcan. It
seems that this is an error for Aperçus de taxonomie (Alcan,
1899).
[9] General Hippolyte Sebert was President of the Association française pour l’avancement des sciences, and the Société d’encouragement pour l’industrie nationale. He had
been active in the foundation of the Bureau bibliographique
de Paris. For other biographical information about him see
Editor’s Note 9 to Paper no 17, “Henri La Fontaine”, in International Organisation and Dissemination of Knowledge;
Selected Essays of Paul Otlet.

English translation of the Paul Otlet’s text published with the
permission of W. Boyd Rayward. The translation was originally
published as Paul Otlet, “Transformations in the Bibliographical
Apparatus of the Sciences: Repertory–Classification–Office of
Documentation”, in International Organisation and Dissemination of Knowledge; Selected Essays of Paul Otlet, translated and
edited by W. Boyd Rayward, Amsterdam: Elsevier, 1990: 148–156.

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public library

http://aaaaarg.org/

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McKenzie Wark

Metadata Punk

So we won the battle but lost the war. By “we”, I
mean those avant-gardes of the late twentieth century whose mission was to free information from the
property form. It was always a project with certain
nuances and inconsistencies, but over-all it succeeded beyond almost anybody’s wildest dreams. Like
many dreams, it turned into a nightmare in the end,
the one from which we are now trying to awake.
The place to start is with what the situationists
called détournement. The idea was to abolish the
property form in art by taking all of past art and
culture as a commons from which to copy and correct. We see this at work in Guy Debord’s texts and
films. They do not quote from past works, as to do
so acknowledges their value and their ownership.
The elements of détournement are nothing special.
They are raw materials for constructing theories,
narratives, affects of a subjectivity no longer bound
by the property form.
Such a project was recuperated soon enough
back into the art world as “appropriation.” Richard
Prince is the dialectical negation of Guy Debord,

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in that appropriation values both the original fragment and contributes not to a subjectivity outside of
property but rather makes a career as an art world
star for the appropriating artist. Of such dreams is
mediocrity made.
If there was a more promising continuation of
détournement it had little to do with the art world.
Détournement became a social movement in all but
name. Crucially, it involved an advance in tools,
from Napster to Bitorrent and beyond. It enabled
the circulation of many kinds of what Hito Steyerl
calls the poor image. Often low in resolution, these
détourned materials circulated thanks both to the
compression of information but also because of the
addition of information. There might be less data
but there’s added metadata, or data about data, enabling its movement.
Needless to say the old culture industries went
into something of a panic about all this. As I wrote
over ten years ago in A Hacker Manifesto, “information wants to be free but is everywhere in chains.”
It is one of the qualities of information that it is indifferent to the medium that carries it and readily
escapes being bound to things and their properties.
Yet it is also one of its qualities that access to it can
be blocked by what Alexander Galloway calls protocol. The late twentieth century was — among other
things — about the contradictory nature of information. It was a struggle between détournement and
protocol. And protocol nearly won.
The culture industries took both legal and technical steps to strap information once more to fixity
in things and thus to property and scarcity. Inter-

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estingly, those legal steps were not just a question of
pressuring governments to make free information
a crime. It was also a matter of using international
trade agreements as a place outside the scope of de­
mo­­cratic oversight to enforce the old rules of property. Here the culture industries join hands with the
drug cartels and other kinds of information-based
industry to limit the free flow of information.
But laws are there to be broken, and so are protocols of restriction such as encryption. These were
only ever delaying tactics, meant to shore up old
monopoly business for a bit longer. The battle to
free information was the battle that the forces of
détournement largely won. Our defeat lay elsewhere.
While the old culture industries tried to put information back into the property form, there were
other kinds of strategy afoot. The winners were not
the old culture industries but what I call the vulture
industries. Their strategy was not to try to stop the
flow of free information but rather to see it as an
environment to be leveraged in the service of creating a new kind of business. “Let the data roam free!”
says the vulture industry (while quietly guarding
their own patents and trademarks). What they aim
to control is the metadata.
It’s a new kind of exploitation, one based on an
unequal exchange of information. You can have the
little scraps of détournement that you desire, in exchange for performing a whole lot of free labor—and
giving up all of the metadata. So you get your little
bit of data; they get all of it, and more importantly,
any information about that information, such as
the where and when and what of it.

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It is an interesting feature of this mode of exploitation that you might not even be getting paid for your
labor in making this information—as Trebor Scholz
as pointed out. You are working for information
only. Hence exploitation can be extended far beyond
the workplace and into everyday life. Only it is not
so much a social factory, as the autonomists call it.
This is more like a social boudoir. The whole of social
space is in some indeterminate state between public
and private. Some of your information is private to
other people. But pretty much all of it is owned by
the vulture industry — and via them ends up in the
hands of the surveillance state.
So this is how we lost the war. Making information free seemed like a good idea at the time. Indeed, one way of seeing what transpired is that we
forced the ruling class to come up with these new
strategies in response to our own self-organizing
activities. Their actions are reactions to our initiatives. In this sense the autonomists are right, only
it was not so much the actions of the working class
to which the ruling class had to respond in this case,
as what I call the hacker class. They had to recuperate a whole social movement, and they did. So our
tactics have to change.
In the past we were acting like data-punks. Not
so much “here’s three chords, now form your band.”
More like: “Here’s three gigs, now go form your autonomous art collective.” The new tactic might be
more question of being metadata-punks. On the one
hand, it is about freeing information about information rather than the information itself. We need
to move up the order of informational density and

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control. On the other hand, it might be an idea to
be a bit discreet about it. Maybe not everyone needs
to know about it. Perhaps it is time to practice what
Zach Blas calls infomatic opacity.
Three projects seem to embody much of this
spirit to me. One I am not even going to name or
discuss, as discretion seems advisable in that case.
It takes matters off the internet and out of circulation among strangers. Ask me about it in person if
we meet in person.
The other two are Monoskop Log and UbuWeb.
It is hard to know what to call them. They are websites, archives, databases, collections, repositories,
but they are also a bit more than that. They could be
thought of also as the work of artists or of curators;
of publishers or of writers; of archivists or researchers. They contain lots of files. Monoskop is mostly
books and journals; UbuWeb is mostly video and
audio. The work they contain is mostly by or about
the historic avant-gardes.
Monoskop Log bills itself as “an educational
open access online resource.” It is a component part
of Monoskop, “a wiki for collaborative studies of
art, media and the humanities.” One commenter
thinks they see the “fingerprint of the curator” but
nobody is named as its author, so let’s keep it that
way. It is particularly strong on Eastern European
avant-garde material. UbuWeb is the work of Kenneth Goldsmith, and is “a completely independent
resource dedicated to all strains of the avant-garde,
ethnopoetics, and outsider arts.”
There’s two aspects to consider here. One is the
wealth of free material both sites collect. For any-

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body trying to teach, study or make work in the
avant-garde tradition these are very useful resources.
The other is the ongoing selection, presentation and
explanation of the material going on at these sites
themselves. Both of them model kinds of ‘curatorial’
or ‘publishing’ behavior.
For instance, Monoskop has wiki pages, some
better than Wikipedia, which contextualize the work
of a given artist or movement. UbuWeb offers “top
ten” lists by artists or scholars which give insight
not only into the collection but into the work of the
person making the selection.
Monoskop and UbuWeb are tactics for intervening in three kinds of practices, those of the artworld, of publishing and of scholarship. They respond to the current institutional, technical and
political-economic constraints of all three. As it
says in the Communist Manifesto, the forces for social change are those that ask the property question.
While détournement was a sufficient answer to that
question in the era of the culture industries, they try
to formulate, in their modest way, a suitable tactic
for answering the property question in the era of
the vulture industries.
This takes the form of moving from data to metadata, expressed in the form of the move from writing
to publishing, from art-making to curating, from
research to archiving. Another way of thinking this,
suggested by Hiroki Azuma would be the move from
narrative to database. The object of critical attention
acquires a third dimension, a kind of informational
depth. The objects before us are not just a text or an
image but databases of potential texts and images,
with metadata attached.

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The object of any avant-garde is always to practice the relation between aesthetics and everyday
life with a new kind of intensity. UbuWeb and
Monoskop seem to me to be intimations of just
such an avant-garde movement. One that does not
offer a practice but a kind of meta-practice for the
making of the aesthetic within the everyday.
Crucial to this project is the shifting of aesthetic
intention from the level of the individual work to the
database of works. They contain a lot of material, but
not just any old thing. Some of the works available
here are very rare, but not all of them are. It is not
just rarity, or that the works are available for free.
It is more that these are careful, artful, thoughtful
collections of material. There are the raw materials here with which to construct a new civilization.
So we lost the battle, but the war goes on. This
civilization is over, and even its defenders know it.
We live in among ruins that accrete in slow motion.
It is not so much a civil war as an incivil war, waged
against the very conditions of existence of life itself.
So even if we have no choice but to use its technologies and cultures, the task is to build another way
of life among the ruins. Here are some useful practices, in and on and of the ruins. ❧

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http://midnightnotes.memoryoftheworld.org/

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Tomislav Medak

The Future After the Library
UbuWeb and Monoskop’s
Radical Gestures

The institution of the public library has crystallized,
developed and advanced around historical junctures
unleashed by epochal economic, technological and
political changes. A series of crises since the advent
of print have contributed to the configuration of the
institutional entanglement of the public library as
we know it today:01 defined by a publicly available
collection, housed in a public building, indexed and
made accessible with a help of a public catalog, serviced by trained librarians and supported through
public financing. Libraries today embody the idea
of universal access to all knowledge, acting as custodians of a culture of reading, archivists of material
and ephemeral cultural production, go-betweens
of information and knowledge. However, libraries have also embraced a broader spirit of public
service and infrastructure: providing information,
01 For the concept and the full scope of the contemporary library
as institutional entanglement see Shannon Mattern, “Library
as Infrastructure”, Places Journal, accessed April 9, 2015,
https://placesjournal.org/article/library-as-infrastructure/.

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education, skills, assistance and, ultimately, shelter
to their communities — particularly their most vulnerable members.
This institutional entanglement, consisting in
a comprehensive organization of knowledge, universally accessible cultural goods and social infrastructure, historically emerged with the rise of (information) science, social regulation characteristic
of modernity and cultural industries. Established
in its social aspect as the institutional exemption
from the growing commodification and economic
barriers in the social spheres of culture, education
and knowledge, it is a result of struggles for institutionalized forms of equality that still reflect the
best in solidarity and universality that modernity
had to offer. Yet, this achievement is marked by
contradictions that beset modernity at its core. Libraries and archives can be viewed as an organon
through which modernity has reacted to the crises
unleashed by the growing production and fixation
of text, knowledge and information through a history of transformations that we will discuss below.
They have been an epistemic crucible for the totalizing formalizations that have propelled both the
advances and pathologies of modernity.
Positioned at a slight monastic distance and indolence toward the forms of pastoral, sovereign or
economic domination that defined the surrounding world that sustained them, libraries could never
close the rift or between the universalist aspirations
of knowledge and their institutional compromise.
Hence, they could never avoid being the battlefield
where their own, and modernity’s, ambivalent epis-

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temic and social character was constantly re-examined and ripped asunder. It is this ambivalent
character that has been a potent motor for critical theory, artistic and political subversion — from
Marx’s critique of political economy, psychoanalysis
and historic avant-gardes, to revolutionary politics.
Here we will examine the formation of the library
as an epistemic and social institution of modernity
and the forms of critical engagement that continue
to challenge the totalizing order of knowledge and
appropriation of culture in the present.
Here Comes the Flood02
Prior to the advent of print, the collections held in
monastic scriptoria, royal courts and private libraries
typically contained a limited number of canonical
manuscripts, scrolls and incunabula. In Medieval
and early Renaissance Europe the canonized knowledge considered necessary for the administration of
heavenly and worldly affairs was premised on reading and exegesis of biblical and classical texts. It is
02 The metaphor of the information flood, here incanted in the
words of Peter Gabriel’s song with apocalyptic overtones, as
well as a good part of the historic background of the development of index card catalog in the following paragraphs
are based on Markus Krajewski, Paper Machines: About
Cards & Catalogs, 1548–1929 (MIT Press, 2011). The organizing idea of Krajewski’s historical account, that the index
card catalog can be understood as a Turing machine avant
la lettre, served as a starting point for the understanding
of the library as an epistemic institution developed here.

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estimated that by the 15th century in Western Europe
there were no more than 5 million manuscripts held
mainly in the scriptoria of some 21,000 monasteries and a small number of universities. While the
number of volumes had grown sharply from less
than 0.8 million in the 12th century, the number of
monasteries had remained constant throughout that
period. The number of manuscripts read averaged
around 1,000 per million inhabitants, with the total
population of Europe peaking around 60 million.03
All in all, the book collections were small, access was
limited and reading culture played a marginal role.
The proliferation of written matter after the invention of mechanical movable type printing would
greatly increase the number of books, but also the
patterns of literacy and knowledge production. Already in the first fifty years after Gutenberg’s invention, 12 million volumes were printed, and from
this point onwards the output of printing presses
grew exponentially to 700 million volumes in the
18th century. In the aftermath of the explosion in
book production the cost of producing and buying
books fell drastically, reducing the economic barriers to literacy, but also creating a material vector
for a veritable shift of the epistemic paradigm. The
03 For an economic history of the book in the Western Europe
see Eltjo Buringh and Jan Luiten Van Zanden, “Charting
the ‘Rise of the West’: Manuscripts and Printed Books in
Europe, A Long-Term Perspective from the Sixth through
Eighteenth Centuries”, The Journal of Economic History 69,
No. 02 (June 2009): 409–45, doi:10.1017/S0022050709000837,
particularly Tables 1-5.

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emerging reading public was gaining access to the
new works of a nascent Enlightenment movement,
ushering in the modern age of science. In parallel
with those larger epochal transformations, the explosion of print also created a rising tide of new books
that suddenly inundated the libraries. The libraries
now had to contend both with the orders-of-magnitude greater volume of printed matter and the
growing complexity of systematically storing, ordering, classifying and tracking all of the volumes
in their collection. An once almost static collection
of canonical knowledge became an ever expanding
dynamic flux. This flood of new books, the first of
three to follow, presented principled, infrastructural and organizational challenges to the library that
radically transformed and coalesced its functions.
The epistemic shift created by this explosion of
library holdings led to a revision of the assumption
that the library is organized around a single holy
scripture and a small number of classical sources.
Coextensive with the emergence and multiplication of new sciences, the books that were entering
the library now covered an ever diversified scope
of topics and disciplines. And the sheer number of
new acquisitions demanded the physical expansion of libraries, which in turn required a radical
rethinking of the way the books were stored, displayed and indexed. In fact, the flood caused by the
printing press was nothing short of a revolution in
the organization, formalization and processing of
information and knowledge. This becomes evident
in the changes that unfolded between the 16th and
the early 20th in the cataloging of library collections.

The Future After the Library

125

The initial listings of books were kept in bound
volumes, books in their own right. But as the number of items arriving into the library grew, the constant need to insert new entries made the bound
book format increasingly impractical for library
catalogs. To make things more complicated still,
the diversification of the printed matter demanded
a richer bibliographic description that would allow
better comprehension of what was contained in the
volumes. Alongside the name of the author and the
book’s title, the description now needed to include
the format of the volume, the classification of the
subject matter and the book’s location in the library.
As the pace of new arrivals accelerated, the effort to
create a library catalog became unending, causing a
true crisis in the emerging librarian profession. This
would result in a number of physical and epistemic
innovations in the organization and formalization
of information and knowledge. The requirement
to constantly rearrange the order of entries in the
listing lead to the eventual unbinding of the bound
catalog into separate slips of paper and finally to the
development of the index card catalog. The unbound
index cards and their floating rearrangement, not
unlike that of the movable type, would in turn result in the design of filing cabinets. From Conrad
Gessner’s Bibliotheca Universalis, a three-volume
book-format catalog of around 3,000 authors and
10,000 texts, arranged alphabetically and topically,
published in the period 1545–1548; Gottfried Wilhelm Leibniz’s proposals for a universal library
during his tenure at the Wolfenbüttel library in the
late 17th century; to Gottfried van Swieten’s catalog

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Tomislav Medak

of the Viennese court library, the index card catalog and the filing cabinets would develop almost to
their present form.04
The unceasing inflow of new books into the library
prompted the need to spatially organize and classify
the arrangement of the collection. The simple addition of new books to the shelves by size; canonical
relevance or alphabetical order, made little sense
in a situation where the corpus of printed matter
was quickly expanding and no individual librarian
could retain an intimate overview of the library’s
entire collection. The inflow of books required that
the brimming shelf-space be planned ahead, while
the increasing number of expanding disciplines required that the collection be subdivided into distinct
sections by fields. First the shelves became classified
and then the books individually received a unique
identifier. With the completion of the Josephinian
catalog in the Viennese court library, every book became compartmentalized according to a systematic
plan of sciences and assigned a unique sequence of
a Roman numeral, a Roman letter and an Arabic
numeral by which it could be tracked down regardless of its physical location.05 The physical location
of the shelves in the library no longer needed to be
reflected in the ordering of the catalog, and the catalog became a symbolic representation of the freely
re-arrangeable library. In the technological lingo of
today, the library required storage, index, search
and address in order to remain navigable. It is this
04 Krajewski, Paper Machines, op. cit., chapter 2.
05 Ibid., 30.

The Future After the Library

127

formalization of a universal system of classification
of objects in the library with the relative location of
objects and re-arrangeable index that would then in
1876 receive its present standardized form in Melvil
Dewey’s Decimal System.
The development of the library as an institution of
public access and popular literacy did not proceed
apace with the development of its epistemic aspects.
It was only a series of social upheavals and transformations in the course of the 18th and 19th century
that would bring about another flood of books and
political demands, pushing the library to become
embedded in an egalitarian and democratic political culture. The first big step in that direction came
with the decision of the French revolutionary National Assembly from 2 November 1789 to seize all
book collections from the Church and aristocracy.
Million of volumes were transferred to the Bibliothèque Nationale and local libraries across France.
In parallel, particularly in England, capitalism was
on the rise. It massively displaced the impoverished rural population into growing urban centers,
propelled the development of industrial production and, by the mid-19th century, introduced the
steam-powered rotary press into the book business.
As books became more easily, and mass produced,
the commercial subscription libraries catering to the
better-off parts of society blossomed. This brought
the class aspect of the nascent demand for public
access to books to the fore. After the failed attempts
to introduce universal suffrage and end the system
of political representation based on property entitlements in 1830s and 1840s, the English Chartist

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Tomislav Medak

movement started to open reading rooms and cooperative lending libraries that would quickly become
a popular hotbed of social exchanges between the
lower classes. In the aftermath of the revolutionary
upheavals of 1848, the fearful ruling classes heeded
the demand for tax-financed public libraries, hoping
that the access to literature and edification would
ultimately hegemonize the working class for the
benefits of capitalism’s culture of self-interest and
competition.06
The Avant-gardes in the Library
As we have just demonstrated, the public library
in its epistemic and social aspects coalesced in the
context of the broader social transformations of
modernity: early capitalism and processes of nation-building in Europe and the USA. These transformations were propelled by the advancement of
political and economic rationalization, public and
business administration, statistical and archival
procedures. Archives underwent a corresponding and largely concomitant development with the
libraries, responding with a similar apparatus of
classification and ordering to the exponential expansion of administrative records documenting the
social world and to the historicist impulse to capture the material traces of past events. Overlaying
the spatial organization of documentation; rules
06 For the social history of public library see Matthew Battles,
Library: An Unquiet History (Random House, 2014) chapter
5: “Books for all”.

The Future After the Library

129

of its classification and symbolic representation of
the archive in reference tools, they tried to provide
a formalization adequate to the passion for capturing historical or present events. Characteristic
of the ascendant positivism of the 19th century, the
archivists’ and librarians’ epistemologies harbored
a totalizing tendency that would become subject to
subversion and displacement in the first decades of
the 20th century.
The assumption that the classificatory form can
fully capture the archival content would become
destabilized over and over by the early avant-gardist
permutations of formal languages of classification:
dadaist montage of the contingent compositional
elements, surrealist insistence on the unconscious
surpluses produced by automatized formalized language, constructivist foregrounding of dynamic and
spatialized elements in the acts of perception and
cognition of an artwork.07 The material composition
of the classified and ordered objects already contained formalizations deposited into those objects
by the social context of their provenance or projected onto them by the social situation of encounter
with them. Form could become content and content
could become form. The appropriations, remediations and displacements exacted by the neo-avantgardes in the second half of the 20th century pro07 Sven Spieker, The Big Archive: Art from Bureaucracy (MIT
Press, 2008) provides a detailed account of strategies that
the historic avant-gardes and the post-war art have developed toward the classificatory and ordering regime of the
archive.

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Tomislav Medak

duced subversions, resignifications and simulacra
that only further blurred the lines between histories
and their construction, dominant classifications and
their immanent instabilities.
Where does the library fit into this trajectory? Operating around an uncertain and politically embattled universal principle of public access to knowledge
and organization of information, libraries continued being sites of epistemic and social antagonisms,
adaptations and resilience in response to the challenges created by the waves of radical expansion of
textuality and conflicting social interests between
the popular reading culture and the commodification of cultural consumption. This precarious position is presently being made evident by the third
big flood — after those unleashed by movable type
printing and the social context of industrial book
production — that is unfolding with the transition
of the book into the digital realm. Both the historic
mode of the institutional regulation of access and
the historic form of epistemic classification are
swept up in this transformation. While the internet
has made possible a radically expanded access to
digitized culture and knowledge, the vested interests of cultural industries reliant on copyright for
their control over cultural production have deepened the separation between cultural producers and
their readers, listeners and viewers. While the hypertextual capacity for cross-reference has blurred
the boundaries of the book, digital rights management technologies have transformed e-books into
closed silos. Both the decommodification of access
and the overcoming of the reified construct of the

The Future After the Library

131

self-enclosed work in the form of a book come at
the cost of illegality.
Even the avant-gardes in all their inappropriable
and idiosyncratic recalcitrance fall no less under
the legally delimited space of copyrightable works.
As they shift format, new claims of ownership and
appropriation are built. Copyright is a normative
classification that is totalizing, regardless of the
effects of leaky networks speaking to the contrary.
Few efforts have insisted on the subverting of juridical classification by copyright more lastingly than
the UbuWeb archive. Espousing the avant-gardes’
ethos of appropriation, for almost 20 years it has
collected and made accessible the archives of the
unknown; outsider, rare and canonized avant-gardes and contemporary art that would otherwise remained reserved for the vaults and restricted access
channels of esoteric markets, selective museological
presentations and institutional archives. Knowing
that asking to publish would amount to aligning itself with the totalizing logic of copyright, UbuWeb
has shunned the permission culture. At the level of
poetical operation, as a gesture of displacing the cultural archive from a regime of limited, into a regime
of unlimited access, it has created provocations and
challenges directed at the classifying and ordering
arrangements of property over cultural production.
One can only assume that as such it has become a
mechanism for small acts of treason for the artists,
who, short of turning their back fully on the institutional arrangements of the art world they inhabit,
use UbuWeb to release their own works into unlimited circulation on the net. Sometimes there might

132

Tomislav Medak

be no way or need to produce a work outside the
restrictions imposed by those institutions, just as
sometimes it is for academics impossible to avoid
the contradictory world of academic publishing,
yet that is still no reason to keep one’s allegiance to
their arrangements.
At the same time UbuWeb has played the game
of avant-gardist subversion: “If it doesn’t exist on
the internet, it doesn’t exist”. Provocation is most
effective when it is ignorant of the complexities of
the contexts that it is directed at. Its effect starts
where fissures in the defense of the opposition start
to show. By treating UbuWeb as massive evidence
for the internet as a process of reappropriation, a
process of “giving to all”, its volunteering spiritus
movens, Kenneth Goldsmith, has been constantly rubbing copyright apologists up the wrong way.
Rather than producing qualifications, evasions and
ambivalences, straightforward affirmation of copy­
ing, plagiarism and reproduction as a dominant
yet suppressed mode of operation of digital culture re-enacts the avant-gardes’ gesture of taking
no hostages from the officially sanctioned systems
of classification. By letting the incumbents of control over cultural production react to the norm of
copying, you let them struggle to dispute the norm
rather than you having to try to defend the norm.
UbuWeb was an early-comer, starting in 1996
and still functioning today on seemingly similar
technology, it’s a child of the early days of World
Wide Web and the promissory period of the experimental internet. It’s resolutely Web 1.0, with
a single maintainer, idiosyncratically simple in its

The Future After the Library

133

layout and programmatically committed to the
eventual obsolescence and sudden abandonment.
No platform, no generic design, no widgets, no
kludges and no community features. Only Beckett
avec links. Endgame.
A Book is an Index is an Index is an Index...
Since the first book flood, the librarian dream of
epistemological formalization has revolved around
the aspiration to cross-reference all the objects in
the collection. Within the physical library the topical designation has been relegated to the confines of
index card catalog that remained isolated from the
structure of citations and indexes in the books themselves. With the digital transition of the book, the
time-shifted hypertextuality of citations and indexes
became realizable as the immediate cross-referentiality of the segments of individual text to segments
of other texts and other digital artifacts across now
permeable boundaries of the book.
Developed as a wiki for collaborative studies of
art, media and the humanities, Monoskop.org took
up the task of mapping and describing avant-gardes and media art in Europe. In its approach both
indexical and encyclopedic, it is an extension of
the collaborative editing made possible by wiki
technology. Wikis rose to prominence in the early
2000s allowing everyone to edit and extend websites running on that technology by mastering a
very simple markup language. Wikis have been the
harbinger of a democratization of web publishing
that would eventually produce the largest collabo-

134

Tomislav Medak

rative website on the internet — the Wikipedia, as
well as a number of other collaborative platforms.
Monoskop.org embraces the encyclopedic spirit of
Wikipedia, focusing on its own specific topical and
topological interests. However, from its earliest days
Monoskop.org has also developed as a form of index
that maps out places, people, artworks, movements,
events and venues that compose the dense network
of European avant-gardes and media art.
If we take the index as a formalization of cross-referential relations between names of people, titles
of works and concepts that exist in the books and
across the books, what emerges is a model of a relational database reflecting the rich mesh of cultural
networks. Each book can serve as an index linking
its text to people, other books, segments in them.
To provide a paradigmatic demonstration of that
idea, Monoskop.org has assembled an index of all
persons in Friedrich Kittler’s Discourse Networks,
with each index entry linking both to its location
in the digital version of the book displayed on the
aaaaarg.org archive and to relevant resources for
those persons on the Monoskop.org and the internet. Hence, each object in the library, an index
in its own right, potentially allows one to initiate
the relational re-classification and re-organization
of all other works in the library through linkable
information.
Fundamental to the works of the post-socialist
retro-avant-gardes of the last couple of decades has
been the re-writing of a history of art in reverse.
In the works of IRWIN, Laibach or Mladen Stilinović, or comparable work of Komar & Melamid,

The Future After the Library

135

totalizing modernity is detourned by re-appropriating the forms of visual representation and classification that the institutions of modernity used to
construct a linear historical narrative of evolutions
and breaks in the 19th and 20th century. Genealogical
tables, events, artifacts and discourses of the past
were re-enacted, over-affirmed and displaced to
open up the historic past relegated to the archives
to an understanding that transformed the present
into something radically uncertain. The efforts of
Monoskop.org in digitizing of the artifacts of the
20th century avant-gardes and playing with the
epistemic tools of early book culture is a parallel
gesture, with a technological twist. If big data and
the control over information flows of today increasingly naturalizes and re-affirms the 19th century
positivist assumptions of the steerablity of society,
then the endlessly recombinant relations and affiliations between cultural objects threaten to overflow
that recurrent epistemic framework of modernity’s
barbarism in its cybernetic form.
The institution of the public library finds itself
today under a double attack. One unleashed by
the dismantling of the institutionalized forms of
social redistribution and solidarity. The other by
the commodifying forces of expanding copyright
protections and digital rights management, control
over the data flows and command over the classification and order of information. In a world of
collapsing planetary boundaries and unequal development, those who control the epistemic order

136

Tomislav Medak

control the future.08 The Googles and the NSAs run
on capturing totality — the world’s knowledge and
communication made decipherable, organizable and
controllable. The instabilities of the epistemic order
that the library continues to instigate at its margins
contributes to keeping the future open beyond the
script of ‘commodify and control’. In their acts of
re-appropriation UbuWeb and Monoskop.org are
but a reminder of the resilience of libraries’ instability that signals toward a future that can be made
radically open. ❧

08 In his article “Controlling the Future—Edward Snowden and
the New Era on Earth”, (accessed April 13, 2015, http://www.
eurozine.com/articles/2014-12-19-altvater-en.html), Elmar
Altvater makes a comparable argument that the efforts of
the “Five Eyes” to monitor the global communication flows,
revealed by Edward Snowden, and the control of the future
social development defined by the urgency of mitigating the
effects of the planetary ecological crisis cannot be thought
apart.

The Future After the Library

137

138

public library

http://kok.memoryoftheworld.org

139

Public Library
www.memoryoftheworld.org

Publishers
What, How & for Whom / WHW
Slovenska 5/1 • HR-10000 Zagreb
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Editors
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Tomislav Medak
Dušanka Profeta
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English translation of the Paul
Otlet’s text published with the permission of W. Boyd
Rayward. The translation was originally published as
Paul Otlet, “Transformations in the Bibliographical
Apparatus of the Sciences: Repertory–Classification–Office
of Documentation”, in International Organisation and
Dissemination of Knowledge; Selected Essays of Paul Otlet,
translated and edited by W. Boyd Rayward, Amsterdam:
Elsevier, 1990: 148–156. ❧
format / size
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This publication, realized along with the exhibition
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the collaborative project This Is Tomorrow. Back to Basics:
Forms and Actions in the Future organized by What, How
& for Whom / WHW, Zagreb, Tensta Konsthall, Stockholm
and Latvian Center for Contemporary Art / LCCA, Riga, as a
part of the book edition Art As Life As Work As Art. ❧

Supported by
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Ministry of Culture of the Republic of Croatia
Croatian Government Office for Cooperation with NGOs
Creative Europe Programme of the European Commission.
National Foundation for Civil Society Development
Kultura Nova Foundation

This project has been funded with support
from European Commision. This publication reflects
the views only of the authors, and the Commission
cannot be held responsible for any use which may be
made of the information contained therein. ❧
Publishing of this book is enabled by financial support of
the National Foundation for Civil Society Development.
The content of the publication is responsibility of
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the views of the National Foundation. ❧
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Public Library

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price 50 kn


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)

Marczewska, Adema, McDonald & Trettien
The Poethics of Scholarship
2018


Post
Office
Press

Edited by

The Poethics
of Scholarship
Kaja
Marczewska

Janneke
Adema

Frances
McDonald

Whitney
Trettien

Published by Post Office Press and
Rope Press. Coventry, 2018.
© Post Office Press, papers by
respective Authors.
Freely available at:
http://radicaloa.co.uk/
conferences/ROA2
This is an open access pamphlet,
licensed under a Creative
Commons Attribution 4.0
International (CC BY 4.0) license.
Read more about the license at:
https://creativecommons.org/
licenses/by/4.0/
Figures and other media included
with this pamphlet may be under
different copyright restrictions.

This pamphlet is published in a series
of 7 as part of the Radical Open
Access II – The Ethics of Care
conference, which took place June
26-27 at Coventry University. More
information about this conference
and about the contributors to this
pamphlet can be found at:
http://radicaloa.co.uk/conferences/
ROA2
This pamphlet was made possible due
to generous funding from the arts
and humanities research studio, The
Post Office, a project of Coventry
University’s Centre for Postdigital
Cultures and due to the combined
efforts of authors, editors, designers
and printers.

Table of Contents

Introduction
Post Office Press
Page 4

The Horizon of The Publishable in/as
Open Access: From Poethics to Praxis
Kaja Marczewska
Page 6

Design by: Mihai Toma, Nick White
and Sean Worley
Printed by: Rope Press,
Birmingham

The Poethics of Openness
Janneke Adema
Page 16

Diffractive Publishing
Frances McDonald & Whitney Trettien
Page 26

Introduction

Kaja Marczewska tracks in her contribution OA’s development
from a radical and political project driven by experimental
impetus, into a constrained model, limiting publishing in the
service of the neoliberal university. Following Malik, she
argues that OA in its dominant top-down implementation is
determining the horizon of the publishable. Yet a horizon also
suggests conditions of possibility for experimentation and
innovation, which Marczewska locates in a potential OA ethos
of poethics and praxis, in a fusion of attitude and form.

This pamphlet explores ways in which to engage scholars to
further elaborate the poethics of their scholarship. Following
Joan Retallack, who has written extensively about the
responsibility that comes with formulating and performing a
poetics, which she has captured in her concept of poethics
(with an added h), this pamphlet examines what connects
the 'doing' of scholarship with the ethical components of
research. Here, in order to remain ethical we are not able to
determine in advance what being ethical would look like, yet, at
the same time, ethical decisions need to be made and are being
made as part of our publishing practices: where we publish
and with whom, in an open way or not, in what form and shape
and in which formats. Should we then consider the poethics
of scholarship as a poetics of/as change, or as Retallack calls
it, a poetics of the swerve (clinamen), which continuously
unsettles our familiar notions?
This pamphlet considers how, along with discussions about
the contents of our scholarship, and about the different
methodologies, theories and politics that we use to give
meaning and structure to our research, we should have similar
deliberations about the way we do research. This involves
paying more attention to the crafting of our own aesthetics
and poetics as scholars, including a focus on the medial forms,
the formats, and the graphic spaces in and through which we
communicate and perform scholarship (and the discourses
that surround these), as well as the structures and institutions
that shape and determine our scholarly practices.

4

Janneke Adema explores in her paper the relationship between
openness and experimentation in scholarly publishing, outlining
how open access in specific has enabled a reimagining of its
forms and practices. Whilst Adema emphasises that this
relationship is far from guaranteed, through the concept
of scholarly poethics she speculates on how we can forge a
connection between the doing of scholarship and its political,
ethical and aesthetical elements.
In the final contribution to this pamphlet Whitney Trettien and
Frances McDonald ask a pertinent question: ‘how can we build
scholarly infrastructures that foster diffractive reading and
writing?’. To address this question, they reflect on their own
experiences of editing an experimental digital zine: thresholds,
which brings the creative affordances of the split screen, of
the gutter, to scholarship. By transforming materially how
we publish, how we read and write together, McDonald and
Trettien explore the potential of thresholds as a model for
digital publishing more attuned to the ethics of entanglement.

Post Office Press

5

The Horizon of
The Publishable
in/as Open
Access: From
Poethics to
Praxis

maintain by contributing to it for the sake of career progression
and a regular salary. This transgression is unlikely to be noticed
by my publisher (who probably does not care anyway).1 It is a
small and safe act of resistance, but it gestures towards the
centrality of thinking about the poethics—the ethics and the
aesthetics—of any act of making work public that is so crucial
to all discussions of open access (OA) publishing.

Kaja
Marczewska

I am writing this piece having just uploaded a PDF of my recent
book to aaaarg; a book published by Bloomsbury as a hardback
academic monograph retailing at £86—and that is after the
generous 10% discount offered on the publisher’s website. The
book focuses on copying and reproduction as perhaps the most
prominent forms of contemporary cultural production. Given
this focus, it seemed fitting to make the material available via
this guerrilla library, to enable its different circulation and less
controlled iterations. My decision to publish with Bloomsbury
was a pragmatic one. As an early career academic working
within UK higher education, I had little choice but to publish
with an established press if I wanted to continue in the privileged
position I currently find myself in. As someone interested in
economies of cultural production, forms of publishing and
self-organisation, the decision to breach my contract with the
publisher offered a welcome and necessary respite from the
discomfort I felt every time I saw my unaffordable (and perhaps
as a result, unreadable) book for sale. It served as a way of acting
(po)ethically within the system of which I am part. It was both a
gesture of sharing, of making my book more widely available to
a community that might otherwise be unable to access it, and
a selfish act, enabling my ongoing existence within a system I

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Kaja Marczewska

I open with this personal reflection because I see my participation
inside-outside of academic publishing as pertinent to thinking
about the nature of OA today. Since its inception, OA publishing
has rapidly transformed from a radical, disruptive project of
sharing, making public, and community building, into one that
under the guise of ‘openness’ and ‘access’ maintains the system
that limits the possibilities of both. That is, OA has moved away
from the politically motivated initiative that it once was, opening
up spaces for publishing experimentation, to instead become a
constrained and constraining model of publishing in the service
of the neoliberal university. With this transformation of OA also
come limitations on the forms of publication. The introduction of
the OA requirement as one of the key criteria of REF-ability was
one of the factors contributing to the loss of the experimental
impetus that once informed the drive towards the OA model.
My home institution, for example, requires its staff to deposit
all our REF-able publications in a commercial, Elsevier-owned
repository, as PDFs—even if they have been published in OA
journals on custom-built platforms. The death-by-PDF that
such institutionalised forms of OA bring about, inevitably limits
the potential for pushing the boundaries of form that working
in digital spaces makes possible.
While conventional academic publishers are driven by market
demands and the value of the academic book as a commodity in
their decisions as to what to publish, mainstream OA publishing
practices tend to be motivated by questions on how to publish
a REF-able output, i.e. for all the wrong reasons. This tension
between content and form, and a characteristic commitment
to the latter that publishing OA makes necessary, is the central
focus of my paper. As I will argue, this is perhaps the greatest
paradox of OA: that in its fixation on issues of openness, it is

The Horizon of The Publishable

7

increasingly open only to the kinds of publications that can be
effortlessly slotted into the next institutional REF submission.
But, by doing so, OA publishing as we have come to know it
introduces significant constraints on the forms of publication
possible in academic publishing. In this paper, I consider OA as
a limit to what can be published in academia today, or what I will
refer to here, after Rachel Malik, as a horizon of the publishable.
‘Publishing,’ writes Malik, ‘or rather the horizon of the
publishable, precedes and constitutes both what can be written
and read. […] the horizon of the publishable governs what is
thinkable to publish within a particular historical moment […]
the horizon denotes […] a boundary or limit’ (2015, 709, 72021). Malik suggests that a number of distinct horizons can be
identified and argues that the limits of all writing are based on
generic conventions, i.e. crime fiction, biography, or children’s
picture books, for example, are all delimited by a different
set of categories and practices—by a different horizon. Her
understanding of publishing foregrounds the multiplicity of
processes and relations between them as well as the role
of institutions: commercial, legal, educational, political, and
cultural. It is the conjunction of practices and their contexts
that always constitutes, according to Malik, various horizons
of the publishable. For Malik, then, there is no singular concept
of publishing and no single horizon but rather a multiplicity of
practices and a diversity of horizons.
Open access could be added to Malik’s list as another practice
defined by its unique horizon. Following Malik, it would be
very easy to identify what the horizon of OA might be—what
processes, practices, and institutions define and confine what
can be published OA. But I would like to suggest here that
thinking about OA in the context of Malik’s argument does more
than offer tools for thinking about the limits of OA. I suggest
that it invites a rethinking of the place of OA in publishing today
and, more broadly, of the changing nature of publishing in HE.
That is, I propose that today OA assumes the role of a horizon
in its own right; that it defines and delimits the possibilities of
what can be made public in academia. If seen as such, OA is more
than just one of the practices of publishing; it has become the

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Kaja Marczewska

horizon of the publishable in academic publishing in the UK today.
The new horizon in academic publishing seems increasingly to
only allow certain accepted forms of OA (such as the PDF or
the postprint) which under the guise of openness, sharing and
access, replicate the familiar and problematic models of our
knowledge economy. The promise of OA as a response to these
fixed forms of publishing seems to have given way to a peculiar
openness that favours metrics and monitoring. Where OA was
originally imagined to shift the perception of the established
horizon, it has now become that very horizon.
Here I want to posit that we should understand poethics as a
commitment to the kind of publishing that recognises the agency
of the forms in which we distribute and circulate published
material and acknowledges that these are always, inevitably
ideological. In her notion of poethics, Joan Retallack (2003)
gestures towards a writing that in form and content questions
what language does and how it works—to ‘the what’ and ‘the
how’ of writing. Similarly, the project of imagining OA as a
poethics is an attempt at thinking about publishing that forces a
reconsideration of both. However, I suggest, that with an often
thoughtless and technodeterministic push towards ‘access’ and
‘openness’, ‘the what’ gets obscured at the cost of ‘the how.’ This
attitude manifests itself most prominently in the proliferation
of OA platforms, similar to Coventry University’s depository
mentioned earlier here, that fit the parameters of REF. But
platforms, as Nick Srnicek (2017) warns us, are problematic. In
their design and modes of operation, they hold out the promise
of freedom, openness, flexibility and entrepreneurial success,
while maintaining the proprietary regimes and modes of capital
accumulation that contribute to new forms of exploitation and
new monopolies. The kind of publishing that mainstream OA
has become (what Sarah Kember describes as a top-down,
policy-driven OA)2 is more akin to this platform capitalism than
a publishing model which evokes the philosophy of openness
and access. In a shift away from a diversity of forms of OA
towards standardised OA platforms, OA has become inherently
antithetical to the politics of OA publishing.

The Horizon of The Publishable

9

What follows, then, is that any work that takes advantage of its openness and circulation
in digital spaces to experiment with ‘the how’ of publishing, in the current knowledge
economy inevitably becomes the negative of publishable, i.e. the unpublishable. OA as
platform capitalism is openly hostile to OA’s poethical potential. In other words, the
REF-able version of OA takes little interest in openness and delimits what is at the
heart of the practice itself, i.e. what can be made open to the public (as a colleague
from one of the Russell Group universities tells me, this only includes three or fourstar rated publications in their case, with other works deemed not good enough to
be made available via the University’s website). To imagine OA as a poethical mode of
publishing is to envisage a process of publishing that pushes beyond the horizon set
by OA itself. It invites reading and writing of texts that might be typically thought of
as unreadable, unwriteable, and unpublishable.
The concept of the ‘horizon’ also interest Joan Retallack, who in Poethical Wager
(2003) explores the horizon as a way of thinking about the contemporary. Retallack
identifies two types of horizons: the pseudoserene horizon of time and the dynamic
coastline of historical poesis (14). Reading Retallack in the context of OA, I would
like to suggest that similarly two models of OA can be identified today: OA as a
pseudoserene horizon and OA as a cultural coastline. One is predictable, static, and
limiting, i.e. designed to satisfy the managerial class of the contemporary university;
the other works towards a poethics of OA, with all its unpredictability, complexity,
and openness. OA publishing which operates within the confines of the pseudoserene
horizon is representative of what happens when we become complacent in the way we
think about the work of publishing. Conversely, OA seen as a dynamic coastline–the
model that Radical Open Access (ROA) collective works to advance–is a space where
publishing is always in process and makes possible a rethinking of the experience of
publishing. Seen as such, ROA is an exposition of the forms of publishing that we
increasingly take for granted, and in doing so mirrors the ethos of poethics. The role
of ROA, then, is to highlight the importance of searching for new models of OA, if
OA is to enact its function as a swerve in attitudes towards knowledge production
and consumption.
But anything new is ugly, Retallack suggests, via Picasso: ‘This is always a by-product
of a truly experimental aesthetics, to move into unaestheticized territory. Definitions
of the beautiful are tied to previous forms’ (Retallack 2003, 28). OA, as it has evolved
in recent years, has not allowed the messiness of the ugly. It has not been messy enough
because it has been co-opted, too quickly and unquestionably, by the agendas of
the contemporary university. OA has become too ‘beautiful’ to enact its disruptive
potential.3 In its drive for legitimisation and recognition, the project of OA has been
motivated by the desire to make this form of publishing too immediately familiar, and

10

Kaja Marczewska

too willingly PDF-able. The consequences of this attitude are
significant. The constraints on the methods and forms of OA
publishing that the institutionalisation of OA have brought
about, inevitably limit the content that is published. As a result,
what is delivered openly to the public is the familiar and the
beautiful. The new, radical, and ugly remains out of sight; not
recognised as a formal REF-able publication, the new lies beyond
the horizon of the OA publication as we know it. In order to enact
a poethics of openness and access, OA requires a more complex
understanding of the notion of openness itself. To be truly ‘open’,
OA publishing need not make as its sole objective a commitment
to openness as a mode of making publications open for the
public, i.e. circulated without a paywall, but instead should also
be driven by an openness to ambiguity, experimentation, and ‘a
delight in complex possibility’ (Retallack 2003, 221) that the
dominant models of OA are unable to accommodate.
To accuse OA of fixing in place the horizon of academic
publishing is to suggest that ‘a certain poetics of responsibility’
(Retallack 2003, 3) seems to have been lost in the bigger
project of OA, responsibility to the community of writers and
readers, and responsibility to the project of publishing. OA as
a ‘poethical attitude’ (Retallack 2003, 3) rather than rampant
technodeterminism, need not be a project which we have to
conform to under the guidelines of the current REF, but can
rather be a practice we choose to engage and engage with,
under conditions that make the poethics of OA possible. What a
re-thinking of OA as a poethics offers, is a way of acknowledging
the need for publishing that models how we want to participate
in academia. Exploring OA as a horizon of academic publishing
is one possible way of addressing this challenge. Although by
nature limiting, the horizon is also, Malik suggests, ‘a condition
of possibility’ (721). The task of OA as poethics is predicated on
the potential of moving away from the horizon as a boundary or a
limit and towards the horizon as a possibility of experimentation
and innovation. I want to conclude with another proposition,
which gestures towards such rethinking of OA as a more open
iteration of the horizon.

The Horizon of The Publishable

11

I have referred to OA publishing as a practice a number of
times in this paper. A decision to use this term was a conscious
attempt at framing OA as praxis. A shift away from poiesis–or
making–and towards the discourse of praxis–action or doing–
has been shaping the debates in the visual arts for some time
now. Art seen as praxis emerges out of a desire for social life
shaped by collective, transformative action. Praxis is a means of
reformulating life and art into a new fusion of critical thought,
creative production, and political activity. This approach grows
out of Aristotle’s understanding of praxis as action which is
always valuable in itself, as opposed to poiesis, i.e. actions aimed
at making or creation. Aristotelean praxis is always implicitly
ethical–always informed by and informing decisions as to how to
live–and political, concerned with forms of living with others. My
understanding of OA as praxis here is informed by such thinking
about ethical action as absolutely necessary for OA to enact
its potential for experimentation and change.

process of producing OA publications, a never-ending flow of
new PDFs and platforms. Instead, open accessing is a mode
of being in academia through the project of publishing as an
ongoing intervention. OA as platform capitalism gives little
consideration to the bigger project of OA as praxis, and as a
result fails to acknowledge the significance of the relationship
between the form of OA, the content published OA, and the
political project that informs both. Approaching OA as praxis,
then, is a tool for reshaping what constitutes the work of
publishing. What a commitment to open accessing, as opposed
to open access, makes possible, is a collective work against OA
as a tool of the neoliberal university and for OA as a poethical
form of publication: a fusion of making and doing, of OA as an
attitude and OA as form. But for poethical OA to become a
possibility, OA as praxis needs to emerge first.

To think about OA as praxis is to invite a conceptual shift
away from making publications OA and towards ‘doing OA’
as a complete project. OA seen as such ceases to exist as yet
another platform and emerges as an attitude that has the
potential to translate into forms of publishing best suited to
communicate it. This is not to suggest that OA should move
away from its preoccupation with the form and medium of
publishing altogether–the emergence of the so called postmedium condition in the arts, the glorification of generalised
‘doing’, and more recently, the popularity of related forms of
‘entrepreneurship’, all have their own problems. Rather, this
move towards praxis is an attempt at drawing attention to a
necessary relationship between making and doing, forms and
attitudes, that seems to be lacking in a lot of OA publishing. OA
as praxis offers a way out of what seems to be the end game
of academic publishing today; it is an invitation to participate
collectively and ethically in the process of making public the
work of scholarship.
Doing OA–open accessing–implies a way of thinking about
what producing various forms of knowledge should stand for.
In other words, open accessing does not suggest a continuous

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Kaja Marczewska

The Horizon of The Publishable

13

References

¹ For a discussion of the effects of similar
practices of academic book sharing
on publishers, see Janneke Adema,
“Scanners, Collectors and Aggregators. On
the ‘underground movement’ of (pirated)
theory text sharing,” Open Reflections, 20
September 2009, https://openreflections.
wordpress.com/2009/09/20/scannerscollectors-and-aggregators-on-the‘underground-movement’-of-piratedtheory-text-sharing/.

Adema, Janneke. 2009. “Scanners, Collectors and Aggregators. On the ‘underground
movement’ of (pirated) theory text sharing.” Open Reflections. Accessed 15 May
2018. https://openreflections.wordpress.com/2009/09/20/scanners-collectors-andaggregators-on-the-‘underground-movement’-of-pirated-theory-text-sharing/.
Adema, Janneke. 2014. “Embracing Messiness: Open access offers the chance to
creatively experiment with scholarly publishing.” LSE Impact Blog. Accessed 15
May 2018. http://blogs.lse.ac.uk/impactofsocialsciences/2014/11/18/embracingmessiness-adema-pdsc14/.
Kember, Sarah. 2014. “Opening Out from Open Access: Writing and Publishing in Response
to Neoliberalism.” Ada: A Journal of Gender, New Media, and Technology 4.
doi:10.7264/N31C1V51.
Malik, Rachel. 2017. “Horizons of the Publishable: Publishing in/as Literary Studies.” ELH 75
(3): 707-735.
Retallack, Joan. 2003. The Poethical Wager. Berkeley, CA: University of California Press.
Srnicek, Nick. 2017. Platform Capitalism. Cambridge: Polity Press.

² see: Sarah Kember, “Opening Out from
Open Access: Writing and Publishing in
Response to Neoliberalism,” Ada: A Journal
of Gender, New Media, and Technology 4
(2014): doi:10.7264/N31C1V51.

³ see also: Janneke Adema, “Embracing
Messiness: Open access offers the
chance to creatively experiment with
scholarly publishing,” LSE Impact Blog,
18 November 2014, http://blogs.lse.ac.uk/
impactofsocialsciences/2014/11/18/
embracing-messiness-adema-pdsc14/.

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Kaja Marczewska

The Horizon of The Publishable

15

The
Poethics
Of
Openness

I won’t imply here that openness is the sole or even main reason/motivator/
enabler behind any kind of reimagining in this context; openness has always been
part of a constellation of material-discursive factors—including most importantly
perhaps, the digital, in addition to various other socio-cultural elements—which
have together created (potential) conditions for change in publishing. Yet, within
this constellation I would like to explore how open access, applied and valued in
certain specific, e.g. radical open access, ways—where in other implementations it
has actually inhibited experimentation, but I will return to that later—has been an
instrumental condition for ethico-aesthetic experimentation to take place.

Janneke
Adema

Potential for Experimentation

Last year from the 23rd until the 29th of October the annual Open Access
Week took place, an international advocacy event focused on open access and
related topics. The theme of 2017’s Open Access week was ‘open in order to…’,
prompting participants to explore the concrete, tangible benefits of openness
for scholarly communication and inviting them to reflect on how openness can
make things possible. Behind this prompt, however, lies a wider discussion on
whether openness is a value that is an end in itself, that is intrinsically good, or
whether it predominantly has instrumental value as a means to achieve a certain
end. I will focus on the latter and will start from the presumption that openness
has no intrinsic value, it functions as a floating or empty signifier (Laclau 2005,
129–55; Adema 2014) with no ethics or politics of its own, only in relation to how it
is applied or positioned.1 It is therefore in discussions on the instrumental value of
openness that our politics and ethics in relation to openness come to the fore (for
example, do we value open in order to… ‘grow the commons’ or ‘increase return on
investments and contribute to economic growth’?). In this paper I want to explore
ways in which openness has contributed to and advanced a specific ‘end’: how has
it enabled experimentation with the material forms and relations that underlie and
structure scholarly publishing? Here, I am thinking of both the formats (e.g. print,
digital) we use to communicate our research, and the systems, roles, models and
practices that have evolved around them (e.g. notions of authorship, the book and
publication, publishing models). How has open access facilitated an exploration of
new practices, structures and institutions, questioning the system of academic
publishing as currently set up?

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Janneke Adema

What is clear foremost, is that the open availability of research content has
been an important material condition for scholars and publishers to explore new
formats and new forms of interaction around publications. In order to remix and
re-use content, do large scale text and data-mining, experiment with open peer
review and emerging genres such as living books, wiki-publications, versionings and
multimodal adaptations, both the scholarly materials and platforms that lie at the
basis of these publishing gestures strongly benefit from being open. To enable new
forms of processual scholarship, communal authorship and public engagement with
texts online, open access is essential; it is no surprise therefore that many of the
ground-breaking experimental journals and projects in the HSS, such as Kairos,
Vectors and Inflexions, have been purposefully open access from the start.
Yet openness as a specific practice of publishing materials online has also influenced
how publishing itself is perceived. Making content openly available on blogs and
personal websites, or via institutional repositories and shadow libraries, has
enabled scholars to bypass legacy publishers, intermediaries and other traditional
gatekeepers, to publish their research and connect to other researchers in more
direct ways. This development has led to various reimaginings of the system of
scholarly publishing and the roles and structures that have traditionally buttressed
the publishing value chain in a print-based environment (which still predominantly
echoes Robert Darnton’s communication circuit, modelled on the 18th century
publishing history of Voltaire's Questions sur l'Encyclopédie (Darnton 1982)).
But next to this rethinking of the value chain, this more direct and open (self-)
publishing also enabled a proliferation of new publication forms, from blogposts to
podcasts and Twitter feeds.
Fuelled on by the open access movement, scholars, libraries and universities are
increasingly making use of open source platforms and software such as OJS to

The Poethics of Openness

17

take the process of publishing itself back into their own hands, setting up their
own formal publication outlets, from journals to presses and repositories. The open
access movement has played an important role in making a case against the high
profits sustaining the commercial publishing industry. This situation has created
serious access issues (e.g. the monograph crisis) due to the toxic combination
of market-driven publication decisions and increasingly depleted library funds,
affecting the availability of specialised and niche content (Fitzpatrick 2011; Hall
2008). This frustration in particular, next to the lack of uptake of open access
and multimodal publishing by the legacy presses, has motivated the rise of not-forprofit scholar- and library-led presses (Adema and Stone 2017). To that effect,
open access has stimulated a new ecosystem of publishing models and communities
to emerge.
Additionally, the iterative publishing of research-in-process, disseminating content
and eliciting community feedback during and as part of a project’s development,
has strengthened a vision of publishing in which it is perceived as an integral part of
the research process. The open science and notebook movements have simulated
this kind of processual publishing and helped imagine a different definition
of what publishing is and what purposes it fulfils. One of the more contentious
arguments I want to make here is that this potential to publish our research-inprogress has strengthened our agency as scholars with respect to how and when
we communicate our research. With that, our responsibility towards the specific
ways in which we produce it, from the formats (digital, multi-modal, processual), to
the material platforms and relations that support its production and dissemination,
is further extended. Yet, on the other hand, it has also highlighted the plurality of
material and discursive agencies involved in knowledge production, complicating
the centrality of liberal authorial agency. The closed and fixed codex-format, the
book as object, is what is being complicated and experimented with through preand post-publication feedback and interactions, from annotations in the margins
to open peer review and communal forms of knowledge production. The publication
as endpoint, as commodity, is what is being reconsidered here; but also our
author-function, when, through forms of open notebook science the roles of our
collaborators, of the communities involved in knowledge production, become even
more visible. I would like to end this section by highlighting the ways in which mainly
scholar-led projects within the open access landscape have played an important
role in carving out a different (ethical) framework for publishing too, one focused
on an ethics of care and communality, one in which publishing itself is perceived as
a form of care, acknowledging and supporting the various agencies involved in the
publishing process instead of being focused solely on its outcomes.

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Janneke Adema

Impediment to Change
The above analysis of how openness and open access more
specifically has enabled experimentation, focuses mainly
on how it has the potential to do so. Yet there are similarly
many ways in which it has been inhibiting experimentation,
further strengthening existing publishing models and
established print-based formats. Think for example of how
most openly available scholarly publications are either
made available as PDFs or through Google Books limited
preview, both mimicking closed print formats online; of how
many open licences don’t allow for re-use and adaptations;
of how the open access movement has strategically been
more committed to gratis than to libre openness; of how
commercial publishers
are increasingly adopting open
access as just another profitable business model, retaining
and further exploiting existing relations instead of disrupting
them; of how new commercial intermediaries and gatekeepers
parasitical on open forms of communication are mining
and selling the data around our content to further their
own pockets—e.g. commercial SSRNs such as Academia.
edu and ResearchGate. In addition to all this, open access
can do very little to further experimentation if it is met by
a strong conservatism from scholars, their communities
and institutions, involving fears about the integrity of
scholarly content, and historical preferences for established
institutions and brands, and for the printed monograph and
codex format in assessment exercises—these are just a few
examples of how openness does not necessarily warrant
progressive change and can even effect further closures.
Openness itself does not guarantee experimentation, but
openness has and can be instrumentalised in such a way as
to enable experimenting to take place. It is here that I would
like to introduce a new concept to think and speculate with,
the concept of poethics. I use poethics in Derridean terms, as
a ‘nonself-identical’ concept (Derrida 1973), one that is both
constituted by and alters and adapts itself in intra-action
with the concepts I am connecting it to here: openness and
experimentation. I will posit that as a term poethics can

The Poethics of Openness

19

function in a connecting role as a bridging concept, outlining
the speculative relationship between the two. I borrowed the
concept of poethics (with an added h) from the poet, essayist,
and scholar Joan Retallack, where it has been further taken
on by the artist and critical racial and postcolonial studies
scholar Denise Ferreira da Silva; but in my exploration of
the term, I will also draw on the specific forms of feminist
poetics developed by literary theorist Terry Threadgold. I
will weave these concepts together and adapt them to start
speculating what a specific scholarly poethics might be. I
will argue in what follows that a scholarly poethics connects
the doing of scholarship, with both its political, ethical and
aesthetical elements. In this respect, I want to explore how
in our engagement as scholars with openness, a specific
scholarly poethics can arise, one that enables and creates
conditions for the continual reimagining and reperforming of
the forms and relations of knowledge production.
A Poethics of Scholarship
Poetics is commonly perceived as the theory of readymade textual and literary forms—it presumes structure and
fixed literary objects. Threadgold juxtaposes this theory of
poetics with the more dynamic concept of poiesis, the act of
making or performing in language, which, she argues, better
reflects and accommodates cultural and semiotic processes
and with that the writing process itself (Threadgold 1997, 3).
For Threadgold, feminist writings in particular have examined
this concept of poiesis, rather than poetics, of textuality by
focusing on the process of text creation and the multiple
identities and positions from which meaning is derived. This
is especially visible in forms of feminist rewriting, e.g. of
patriarchal knowledges, theories and narratives, which ‘reveal
their gaps and fissures and the binary logic which structures
them’ (Threadgold 1997, 16). A poetics of rewriting then goes
beyond a passive analysis of texts as autonomous artefacts,
where the engagement with and appraisal of a text is
actively performed, becoming performative, becoming itself
a poiesis, a making; the ‘analyst’ is embodied, becoming part
of the complex socio-cultural context of meaning-making

20

Janneke Adema

(Threadgold 1997, 85). Yet Threadgold emphasises that both
terms complement and denote each other, they are two sides
of the same coin; poetics forms the necessary static counterpoint to the dynamism of poiesis.
Joan Retallack moves beyond any opposition of poetics and
poiesis in her work, bringing them together in her concept of
poethics, which captures the responsibility that comes with
the formulating and performing of a poetics. This, Retallack
points out, always involves a wager, a staking of something
that matters on an uncertain outcome—what Mouffe and
Laclau have described as taking a decision in an undecideable
terrain (Mouffe 2013, 15). For Retallack a poethical attitude
thus necessarily comes with the ‘courage of the swerve’,
where, ‘swerves (like antiromantic modernisms, the civil rights
movement, feminism, postcolonialist critiques) are necessary
to dislodge us from reactionary allegiances and nostalgias’
(Retallack 2004, 3). In other words, they allow change to
take place in already determined situations. A poetics of the
swerve, of change, thus continuously unsettles our familiar
routes and notions; it is a poetics of conscious risk, of letting
go of control, of placing our inherited conceptions of ethics
and politics at risk, and of questioning them, experimenting
with them. For Retallack taking such a wager as a writer or
an artist, is necessary to connect our aesthetic registers to
the ‘character of our time’, acknowledging the complexities
and changing qualities of life and the world. Retallack initially
coined the term poethics to characterise John Cage’s
aesthetic framework, seeing it as focused on ‘making art
that models how we want to live’ (Retallack 2004, 44). The
principle of poethics then implies a practice in which ethics
and aesthetics can come together to reflect upon and
perform life’s changing experiences, whilst insisting upon our
responsibility (in interaction with the world) to guide this
change the best way we can, and to keep it in motion.
Denise Ferreira da Silva takes the concept of poethics
further to consider a new kind of speculative thinking—a
black feminist poethics—which rejects the linear and rational,
one-dimensional thought that characterises Western

The Poethics of Openness

21

European philosophy and theory in favour of a fractal or fourdimensional thinking, which better captures the complexity
of our world. Complicating linear conceptions of history and
memory as being reductive, Ferreira da Silva emphasises
how they are active elements, actively performing our past,
present and future. As such, she points out how slavery and
colonialism, often misconstrued in linear thinking as bygone
remnants of our past, are actively performed in and through
our present, grounded in that past, a past foundational to
our consciousness. Using fractal thinking as a poethical tool,
Ferreira da Silva hopes to break through the formalisations
of linear thought, by mapping blackness, and modes of
colonialism and racial violence not only on time, but on various
forms of space and place, exploring them explicitly from a
four-dimensional perspective (Bradley 2016). As such, she
explains, poethical thinking, ‘deployed as a creative (fractal)
imaging to address colonial and racial subjugation, aims to
interrupt the repetition characteristic of fractal patterns’
(Ferreira da Silva 2016) and refuses ‘to reduce what exists—
anyone and everything—to the register of the object, the
other, and the commodity’ (Ferreira da Silva 2014).

(such as the closed print-based book, single authorship, linear thought, copyright,
exploitative publishing relationships) or succumb to the closures that its own
implementation (e.g. through commercial adaptations) and institutionalisation (e.g.
as part of top-down policy mandates) of necessity also implies and brings with it.
It involves an awareness that publishing in an open way directly impacts on what
research is, what authorship is, and with that what publishing is. It asks us to take
responsibility for how we engage with open access, to take a position in towards
it—towards publishing more broadly—and towards the goals we want it to serve
(which I and others have done through the concept and project of radical open
access, for example). Through open publishing we can take in a critical position,
and we can explore new formats, practices and institutions, we just have to risk it.

These three different but complementary perspectives
from the point of view of literary scholarship and practice,
albeit themselves specific and contextual, map well onto
what I would perceive a ‘scholarly poethics’ to be: a form
of doing scholarship that pays specific attention to the
relation between context and content, ethics and aesthetics;
between the methods and theories informing our scholarship
and the media formats and graphic spaces we communicate
through. It involves scholars taking responsibility for the
practices and systems they are part of and often uncritically
repeat, but also for the potential they have to perform them
differently; to take risks, to take a wager on exploring other
communication forms and practices, or on a thinking that
breaks through formalisations of thought. Especially if as part
of our intra-actions with the world and today’s society we
can better reflect and perform its complexities. A scholarly
poethics, conceptualised as such, would include forms of
openness that do not simply repeat either established forms

22

Janneke Adema

The Poethics of Openness

23

References

This doesn’t mean that as part of
discussions on openness and open access,
openness has not often been perceived as
an intrinsic good, something we want to
achieve exactly because it is perceived as
an a priori good in itself, an ideal to strife
for in opposition to closedness (Tkacz
2014). A variant of this also exists, where
openness is simply perceived as ‘good’
because it opens up access to information,
without further exploring or considering why
this is necessarily a good thing, or simply
assuming that other benefits and change
will derive from there, at the moment
universal access is achieved (Harnad 2012).
1

24

Adema, Janneke. 2014. “Open Access”. In Critical Keywords for the Digital Humanities.
Lueneburg: Centre for Digital Cultures (CDC).
Adema, Janneke, and Graham Stone. 2017. “Changing Publishing Ecologies: A Landscape
Study of New University Presses and Academic-Led Publishing”. London: Jisc. http://
repository.jisc.ac.uk/6666/.
Bradley, Rizvana. 2016. “Poethics of the Open Boat (In Response to Denise Ferreira Da
Silva)”. ACCeSsions, no. 2.
Darnton, Robert. 1982. “What Is the History of Books?” Daedalus 111 (3): 65–83.
Derrida, Jacques. 1973. Speech and Phenomena, and Other Essays on Husserl’s Theory of
Signs. Northwestern University Press.
Ferreira da Silva, Denise. 2014. “Toward a Black Feminist Poethics”. The Black Scholar 44
(2): 81–97. https://doi.org/10.1080/00064246.2014.11413690.
———. 2016. ‘Fractal Thinking’. ACCeSsions, no. 2.
Fitzpatrick, Kathleen. 2011. Planned Obsolescence: Publishing, Technology, and the Future
of the Academy. NYU Press.
Hall, Gary. 2008. Digitize This Book! The Politics of New Media, or Why We Need Open
Access Now. Minneapolis: University of Minnesota Press.
Harnad, Stevan. 2012. “Open Access: Gratis and Libre”. Open Access Archivangelism
(blog). 3 May 2012. http://openaccess.eprints.org/index.php?/archives/885-OpenAccess-Gratis-and-Libre.html.
Laclau, Ernesto. 2005. On Populist Reason. Verso.
McPherson, Tara. 2010. “Scaling Vectors: Thoughts on the Future of Scholarly
Communication”. Journal of Electronic Publishing 13 (2). http://dx.doi.org/
10.3998/3336451.0013.208.
Mouffe, Chantal. 2013. Agonistics: Thinking the World Politically. London; New York: Verso
Books.
Retallack, Joan. 2004. The Poethical Wager. Berkeley: University of California Press.
Threadgold, Terry. 1997. Feminist Poetics Poiesis, Performance, Histories. London; New
York: Routledge.
Tkacz, Nathaniel. 2014. Wikipedia and the Politics of Openness. Chicago; London:
University of Chicago Press.

Janneke Adema

The Poethics of Openness

25

entangled with it—a verb rooted in the Old Norse word for
seaweed, thongull, that undulating biomass that ensnares
and is ensnared by oars and fishing nets; by hydrophones and
deep-sea internet cables; by coral and other forms of marine
life. Adapting another fragment from Haraway, we ask: ‘What
forms of life survive and flourish in these dense, imploded
zones?’ (Haraway 1994, 62).

Diffractive
Publishing
Frances
McDonald
&
Whitney
Trettien

Haraway’s ‘regenerative project’—which now extends far beyond her early work—
has been to craft a critical consciousness based on a different optical metaphor:
diffraction. In physics, a diffraction pattern is the bending of waves, especially
light and sound waves, around obstacles and through apertures. It is, Haraway
writes, ‘the production of difference patterns in the world, not just of the same
reflected—displaced—elsewhere’ (268). If reflective reading forever inscribes the
reader’s identity onto whatever text she touches, then diffractive reading sees
the intimate touching of text and reader as a contingent, dynamic unfolding of
mutually transformative affinities. To engage diffractively with an idea is to become

This question remains not only relevant but is today
increasingly urgent. When Haraway began writing about
diffraction in the late 80s and early 90s, the web was nascent;
it would be several years before Mozilla would launch its
Mosaic browser, bringing the full throttle of connectivity to
a broader public. Today, we wash in the wake of the changes
brought by these new technologies, swirling in the morass of
social media, email, Amazon, e-books, and pirated PDF libraries
that constitute our current textual ecology. Much lies at
stake in how we imagine and practise the work of swimming
through these changing tides. For Karen Barad, a friend
and colleague of Haraway’s and an advocate of diffractive
scholarship, reading and writing are ‘ethical practices’ that
must be reimagined according to an ‘ethics not of externality
but rather entanglement’ (Barad 2012). To Barad’s list of
reading and writing we here add publishing. If entanglement
has an ethics, then it behooves us as scholars to not just
describe and debate it but to transform materially the ways
we see ourselves as reading and writing together. Adding our
voices to a rising chorus that includes Janneke Adema (2015),
Kathleen Fitzpatrick (2018), Eileen Joy (2017), Sarah Kember
(2016), Tara McPherson (2018), Gary Hall (2016), Iris van der
Tuin (2014), and others working at the intersection of digital
humanities, scholarly publishing, and feminist methodologies,
we ask: how can we build scholarly infrastructures that foster
diffractive reading and writing? What kind of publishing
model might be best suited to expressing and emboldening
diffractive practices? These are big questions that must be
collectively addressed; in this short piece, we offer our own
experiences designing thresholds, an experimental digital zine,
as one potential model for digital publishing that is attuned to
the ethics of entanglement.

26

Diffractive Publishing

Over a quarter century ago, Donna Haraway observed that the grounding metaphor
for humanistic inquiry is reflection. We describe the process of interpretation as
reflecting upon an object. To learn from a text, we ask students to write reflection
pieces, which encourages them to paper their own experiences over a text’s dense
weave. For Haraway, reflection is a troubling trope for critical study because it
‘displaces the same elsewhere’—that is, it conceives of reading and writing as
exercises in self-actualisation, with the text serving as a mirrored surface upon
which the scholar might see her own reflection cast back at her, mise en abyme.
‘Reflexivity has been much recommended as a critical practice,’ she writes, ‘but my
suspicion is that reflexivity, like reflection, only displaces the same elsewhere, setting
up the worries about copy and original and the search for the authentic and really
real’ (Haraway 1997, 16).

Frances McDonald & Whitney Trettien

27

⁕ ⁕ ⁕

handwritten sticky notes, highlighted document pages, and
grainy photographs rub against one another, forming dense and shifting
thickets. the blank spaces between once-distinct districts become cluttered and
close. geographically distant realms ache to converge. the bookcase furiously
semaphores toward the far corner of the room. thin lines of coloured paper
arrive to splay across sections. the wall bursts at every seam.

Whether it be real or virtual, every research project has its own ‘wall’: a ‘dense,
imploded zone’ that is populated by the ideas, images, scenes, and sentences
that ‘stick’ to us, to use Lara Farina’s evocative phrase (2014, 33). They are the
‘encounters’ that Gilles Deleuze describes as the impetus toward work, the things
that ‘strike’ us, as Walter Benjamin puts it, like a hammer to unknown inner chords.
Although instrumental to every humanities project, this entangled web of texts and
ideas has a brutally short lifespan. The writer strives to reassert control by whittling
down its massy excesses; indeed, training to be a scholar in the humanities is in large
part learning to compress and contain the wall’s licentious sprawl. We shorten our
focus to a single period, place, or author, excise those fragments that fall outside
the increasingly narrow range of our expertise, and briskly sever any loose ends that
refuse to be tied. These regulatory measures help align our work with the temporal,
geographic, and aesthetic boundaries of our disciplinary arbiters: the journals and
university presses that publish our work, the departments that hire and tenure us.
In an increasingly tight academic marketplace, where the qualified scholars, articles,
and projects far outnumber the available positions, deviation from the standard
model can seem like risky business indeed.

of such distinguished critics as Judith Butler, Homi Bhabha,
and Fredric Jameson for their long-winded impenetrability.
Unlike its prizewinning paragraphs, the Contest’s message
was clear: the opaque abstractions that clogged the arteries
of academic writing were no longer to be tolerated.
The academy’s stylistic strip-down has served to puncture
the unseemly bloat that had disfigured its prose. But its
sweeping injunction against incomprehensibility bears with
it other casualties. As we slim and trim our texts, cutting
any tangents that distract from the argument’s main thrust,
we unwittingly excise writing’s other gaits—those twists,
roils, and scintillating leaps that Eric Hayot, in his recent
rejoinder to academic style guides, so beautifully describes
as ‘gyrations in prose’ (2014, 58). For Hayot, these stylistic
excesses occur when an author’s passion for her subject
becomes so overwhelming that it can no longer be expressed
plainly. The kinetic energy of these gyrations recalls the
dynamism of the wall; one may glimpse its digressiveness in the
meandering aside, its piecemeal architecture in the sentence
fragment, or its vaulting span in the photo quote. These
snags in intelligibility are not evidence of an elitist desire to
exclude, but are precisely the moments in which the decorous
surface of a text cracks open to offer a glimpse of the tangled
expanses beneath. To experience them as such, the reader
must sacrifice her grip on a text’s argument and allow herself
to be swept up in the muddy momentum of its dance. Caught
amidst a piece’s movements, the reader trades intellectual
insight for precarious intimacy, the ungraspable streaming of
one into another.

The institutional imperatives of compression and containment not only dictate the
structural parameters of a work—its scope and trajectory—but the very texture of
our writing. In a bid to render academic texts more comprehensible to their readers,
modern style guides advocate plain prose. Leanness, they remind us, is legibility. This
aversion to ornament was part of a larger mutiny against the scourge of obfuscation
that plagued the humanities in the latter half of the twentieth century. Between
1995 and 1998, the journal Philosophy and Literature ran a Bad Writing Contest
that took this turgid academic prose as its target, and cheerfully skewered the work

By polishing over these openings under the edict of legibility,
plain prose breeds a restrictive form of plain reading, in which
the reader’s role is to digest discrete parcels of information,
rather than move and be moved along with the rollicking
contours of a work. At stake in advocating for a plurality of
readerly and writerly practices is an ethics of criticism. The
institutional apparatuses that shape our critical practices
instruct us to erase all traces of the serendipitous gyrations
that constitute our writing and reading, and erect in their place

28

Diffractive Publishing

Frances McDonald & Whitney Trettien

29

a set of boundaries that keep our work in check. Yet our habits
of critical inquiry are irrefutably subjective and collaborative.
In an effort to move toward such a methodology, we might ask:
What forms of scholarship and knowledge become possible
when we reconceive of the spaces between readers, writers,
and texts as thresholds rather than boundaries, that is, as
contiguous zones of entanglement? How would our critical
apparatus mutate if we ascribed value to the shifting sprawl
of the wall and make public the diffractive processes that
constitute our writing and reading practices?
To put these questions into action, we have created thresholds
(http://openthresholds.org). We solicit work that a traditional
academic journal may deem unfinished, unseemly, or otherwise
unbound, but which discovers precisely in its unboundedness
new and oblique perspectives on art, culture, history, and
philosophy. Along with her piece, the author also submits
the fragments that provoked and surreptitiously steered her
work. We the editors then collaborate closely with the author
to custom-design these pieces for the platform’s split screen
architecture. The result is a more open-ended, processoriented webtext that blooms from, but never fully leaves, the
provocative juxtapositions of the author’s wall.
The split screen design aligns thresholds with a long history
of media that splits content and divides the gaze. In film, the
split screen has long been used to splice together scenes that
are temporally or spatially discontinuous. This divided frame
disrupts the illusion that the camera provides a direct feed of
information and so reveals film to be an authored and infinitely
interpretable object, each scene refracted through others.
The split screen developed under a different name in HTML:
the frame element. Now considered a contrivance due to its
overuse in the late 90s, Netscape Navigator’s development
of the frameset nonetheless marked a major development in
the history of the web. For the first time, designers could load
multiple documents in a single visual field, each with their own
independent actions and scrolling.

30

Frances McDonald & Whitney Trettien

Of course, both the cinematic split screen and the HTML
frameset gesture towards a much older material threshold:
the gutter that divides the pages of the codex. Since most of
its content is presented and read linearly, we rarely consider
the book as a split form. However, many writers and poets have
played with the gutter as a signifying space. In Un coup de dés,
a late nineteenth-century poem that inspired much continental
theory and philosophy in the latter half of the twentieth
century, Stéphane Mallarmé famously uses each two-page
spread to rhetorical effect, jumping and twirling the reader’s
eye around and across the gutter. Blaise Cendrars and Sonia
Delaunay in their self-published avant-garde artist’s book La
Prose du Transsiberien (1913) similarly create a ‘simultaneous’
aesthetic that pairs image and text through an accordion
fold. These early instances have more recent cousins in the
textile art of Eve Sedgwick, the extraordinary visual poetry
of Claudia Rankine’s Citizen, and the work of artists like Fred
Hagstrom and Heather Weston, whose multidimensional books
spur new ways of looking at and thinking about texts.
Drawing inspiration from these exemplars, thresholds brings
the creative affordances of the split screen to the web, and
to scholarship. Think of it as an artist’s browser that hearkens
back to the early web; or imagine in its recto/verso design a
speculative future for the post-digital book. Here, the eye
not only flows along (with) the split screen’s vertical scroll,
but also cuts distinctive lateral lines between each piece as
the reader bends left and right through an issue, one halfscreen at a time. How the reader decides to characterize each
threshold—and how the writer and editors collaboratively
design it—determines the interpretive freight its traversal
can bear. In their poem ‘Extraneous,’ published in the first
issue, Charles Bernstein and Ted Greenwald treat it as a lens
through which their collaboratively authored text passes,
darkly. What emerges on the other side is an echo of the
original, where language, newly daubed in hot swaths of
colour, takes on the acoustic materiality of a riotous chorus. In
‘Gesture of Photographing,’ another collaboratively-authored
piece, Carla Nappi and Dominic Pettman use the threshold to
diffract the work of Vilem Flusser. Each sink into his words on

Diffractive Publishing

31

photography and emerge having penned a short creative work
that responds to yet pushes away from his ideas.
As the reader navigates horizontally through an issue,
twisting and bumping from theory to fiction to image to sound,
thresholds invites her to engage with reading and writing as
a way of making waves of difference in the world. That is, the
platform does not divide each contribution taxonomically
but rather produces an entangled line of juxtapositions and
ripples, producing what Haraway calls ‘worldly interference
patterns’ (Haraway 1994, 60). There is a place, thresholds
implicitly argues, for the fragmentary in our collecting and
collective practices; for opacity and disorientation; for the
wall’s sprawl within the more regimented systems that order
our work.
To reach this place, criticism might begin at the threshold.
The threshold is the zone of entanglement that lies betwixt
and between writing and reading, text and reader, and
between texts themselves. It is restless and unruly, its
dimensions under perpetual renegotiation. To begin here
requires that we acknowledge that criticism does not rest on
solid ground; it too is a restless and unruly set of practices
given to proliferation and digression. To begin here is to enter
into a set of generative traversals that forge fragments into
new relations that in turn push against the given limits of our
inherited architectures of knowledge. To begin here is to
relinquish the fantasy that a text or texts may ever be fully,
finally known, and reconceive of our work as a series of partial
engagements and affective encounters that participate in
texts’ constant remaking.

32

Frances McDonald & Whitney Trettien

References
Adema, Janneke. 2015. “Cutting Scholarship Together/Apart: Rethinking the Political
Economy of Scholarly Book Publishing.” In The Routledge Companion to Remix
Studies, ed. By Eduardo Navas, Owen Gallagher, and xtine burrough. London:
Routledge.
Barad, Karen. 2012. “Matter feels, converses, suffers, desires, yearns and remembers”:
Interview with Karen Barad. In New Materialism: Interviews and Cartographies, ed. by
Rick Dolphijn and Iris van der Tuin. Ann Arbor: Open Humanities Press.
Haraway, Donna. 1994. “A Game of Cat's Cradle: Science Studies, Feminist Theory, Cultural
Studies.” Configurations 2.1: 59-71.
Farina, Lara. 2014. “Sticking Together.” In Burn After Reading/The Future We Want, ed. by
Jeffrey J. Cohen, Eileen A. Joy, and Myra Seaman. Brooklyn: Punctum Books:
31-8.
Fitzpatrick, Kathleen. 2018. Generous Thinking. In-progress manuscript posted online at:
https://generousthinking.hcommons.org/.
Hall, Gary. 2016. Pirate Philosophy: For a Digital Posthumanities. Cambridge: MIT Press.
Haraway, Donna. 1997. Modest_Witness@Second_Millennium.FemaleMan_Meets_
OncoMouse: Feminism and Technoscience. London: Routledge.
Hayot, Eric. 2014. "Academic Writing, I Love You. Really, I Do." Critical Inquiry 41, no. 1
(2014): 53-77.
Joy, Eileen. 2017. “Here Be Monsters: A Punctum Publishing Primer.” Posted online: https://
punctumbooks.com/blog/here-be-monsters-a-punctum-publishing-primer/.
Kember, Sarah. 2016. “At Risk? The Humanities and the Future of Academic Publishing,”
Journal of Electronic Publishing 19.2 (Fall). Online: https://quod.lib.umich.edu/j/
jep/3336451.0019.210?view=text;rgn=main.
McPherson, Tara. 2018. Feminist in a Software Lab: Difference + Design. Cambridge, MA:
Harvard University Press.
van der Tuin, Iris. 2014. “Diffraction as a Methodology for Feminist Onto-Epistemology: On
Encountering Chantal Chawaf and Posthuman Interpellation,” Parallax 20:3: 231-244.

Diffractive Publishing

33

34

The
Poethics of
Scholarship


Weinmayr
Confronting Authorship Constructing Practices How Copyright is Destroying Collective Practice
2019


# 11\. Confronting Authorship, Constructing Practices (How Copyright is
Destroying Collective Practice)

Eva Weinmayr

© 2019 Eva Weinmayr, CC BY 4.0
[https://doi.org/10.11647/OBP.0159.11](https://doi.org/10.11647/OBP.0159.11)

This chapter is written from the perspective of an artist who develops models
of practice founded on the fundamental assumption that knowledge is socially
constructed. Knowledge, according to this understanding, builds on imitation
and dialogue and is therefore based on a collective endeavour. Although
collective forms of knowledge production are common in the sciences, such
modes of working constitute a distinct shift for artistic practice, which has
been conceived as individual and isolated or subjective. Moreover, the shift
from the individual to the social in artistic production — what has been
called art’s ‘social turn’[1](ch11.xhtml#footnote-525)  — also shifts the
emphasis from the artwork to the social processes of production and therefore
proposes to relinquish ‘the notion of the “work” as a noun (a static object)’
and re-conceptualises ‘the “work” as a verb (a communicative
activity)’.[2](ch11.xhtml#footnote-524) This shift from ‘noun’ to ‘verb’
promotes collective practices over authored objects and includes work such as
developing infrastructures, organising events, facilitating, hosting,
curating, editing and publishing. Such generative practices also question the
nature of authorship in art.

Authorship is no doubt a method to develop one’s voice, to communicate and to
interact with others, but it is also a legal, economic and institutional
construct, and it is this function of authorship as a framing and measuring
device that I will discuss in this chapter. Oscillating between the arts and
academia, I shall examine the concept of authorship from a legal, economic and
institutional perspective by studying a set of artistic practices that have
made copyright, intellectual property and authorship into their artistic
material.

Copyright’s legal definition combines authorship, originality and property.
‘Copyright is not a transcendent moral idea’, as Mark Rose has shown, ‘but a
specifically modern formation [of property rights] produced by printing
technology, marketplace economics and the classical liberal culture of
possessive individualism’.[3](ch11.xhtml#footnote-523) Therefore the author in
copyright law is unequivocally postulated in terms of liberal and neoliberal
values. Feminist legal scholar Carys Craig argues that copyright law and the
concept of authorship it supports fail to adequately recognise the essential
social nature of human creativity. It chooses relationships qua private
property instead of recognising the author as necessarily social situated and
therefore creating (works) within a network of social
relations.[4](ch11.xhtml#footnote-522) This chapter tries to reimagine
authorial activity in contemporary art that is not caught in ‘simplifying
dichotomies that pervade copyright theory (author/user, creator/copier,
labourer/free-rider)’,[5](ch11.xhtml#footnote-521) and to examine both the
blockages that restrict our acknowledgement of the social production of art
and the social forces that exist within emancipatory collective
practices.[6](ch11.xhtml#footnote-520)

Copyright is granted for an ‘original work [that] is fixed in any tangible
medium of expression’. It is based on the relationship between an
‘originator’, being imagined as the origin of the
work,[7](ch11.xhtml#footnote-519) and distinct products, which are fixed in a
medium, ‘from which they can be perceived, reproduced, or otherwise
communicated, either directly or with the aid of a machine or
device.’[8](ch11.xhtml#footnote-518)

Practices, on the contrary, are not protected under
copyright.[9](ch11.xhtml#footnote-517) Because practice can’t be fixed into a
tangible form of expression, intellectual property rights are not created and
cannot be exploited economically. This inability to profit from practice by
making use of intellectual property results in a clear privileging of the
‘outputs’ of authored works over practice. This value system therefore
produces ‘divisive hierarchical splits between those who ‘do’ [practices], and
those who write about, make work about
[outputs]’.[10](ch11.xhtml#footnote-516)

Media scholar Kathleen Fitzpatrick observes in her forthcoming book Generous
Thinking:

[H]owever much we might reject individualism as part and parcel of the
humanist, positivist ways of the past, our working lives — on campus and off —
are overdetermined by it. […] c. And the drive to compete […] bleeds out into
all areas of the ways we work, even when we’re working together.’ The
competitive individualism that the academy cultivates makes all of us
painfully aware that even our most collaborative efforts will be assessed
individually, with the result that even those fields whose advancement depends
most on team-based efforts are required to develop careful guidelines for
establishing credit and priority.[11](ch11.xhtml#footnote-515)

Artist and activist Susan Kelly expands on this experience with her
observation that this regime of individual merit even inhibits us from
partaking in collective practices. She describes the dilemma for the academic
activist, when the demand for ‘outputs’ (designs, objects, texts,
exhibitions), which can be measured, quantified and exploited by institutions
(galleries, museums, publishers, research universities), becomes the
prerequisite of professional survival.

Take the young academic, for example, who spends evenings and weekends in the
library fast tracking a book on social movements about which she cares deeply
and wants to broaden her understanding. She is also desperate for it to be
published quickly to earn her the university research points that will see her
teaching contract renewed for the following year. It is likely that the same
academic is losing touch with the very movements she writes about, and is no
longer participating in their work because she is exhausted and the book takes
time to write no matter how fast she works. On publication of the book, her
work is validated professionally; she gets the university contract and is
invited to sit on panels in public institutions about contemporary social
movements. In this hypothetical case, it is clear that the academic’s work has
become detached from the movements she now writes and talks about, and she no
doubt sees this. But there is good compensation for this uneasiness in the
form of professional validation, invitations that flatter, and most
importantly, an ease of the cycle of hourly paid or precarious nine-month
contracts.[12](ch11.xhtml#footnote-514)

Kelly’s and Fitzpatrick’s examples describe the paradoxes that the demand for
authorship creates for collective practices. But how can we actually escape
regimes of authorship that are conceptualised and economised as ‘cultural
capital’?

Academic authorship, after all, is the basis for employment, promotion, and
tenure. Also, arguably, artists who stop being ‘authors’ of their own work
would no longer be considered ‘artists’, because authorship is one of art’s
main framing devices. In the following I will discuss three artistic practices
that address this question — with, as we will see, very different
outcomes.[13](ch11.xhtml#footnote-513)

## Authorship Replaces Authorship?

In 2011, American artist Richard Prince spread a blanket on a sidewalk outside
Central Park in New York City and sold copies of his latest artwork, a
facsimile of the first edition of J. D. Salinger’s The Catcher in The
Rye.[14](ch11.xhtml#footnote-512) He did not make any changes to the text of
the novel and put substantial effort into producing an exact replica in terms
of paper quality, colours, typeset and binding, reproducing the original
publication as much as possible except for several significant details. He
replaced the author’s name with his own. ‘This is an artwork by Richard
Prince. Any similarity to a book is coincidental and not intended by the
artist’, his colophon reads, concluding with ‘© Richard Prince’. Prince also
changed the publisher’s name, Little Brown, to a made-up publishing house with
the name AP (American Place) and removed Salinger’s photograph from the back
of the dust cover.[15](ch11.xhtml#footnote-511)

The artist’s main objective appeared to be not to pirate and circulate an
unauthorised reprint of Salinger’s novel, because he did not present the book
under Salinger’s name but his own. Prince also chose a very limited
circulation figure.[16](ch11.xhtml#footnote-510) It is also far from
conventional plagiarism, because hardly any twentieth century literature is
more read and widely known than Salinger’s Catcher. So the question is, why
would Prince want to recirculate one of the most-read American novels of all
time, a book available in bookshops around the world, with a total circulation
of 65 million copies, translated into 30
languages?[17](ch11.xhtml#footnote-509)

Prince stated that he loved Salinger’s novel so much that ‘I just wanted to
make sure, if you were going to buy my Catcher in the Rye, you were going to
have to pay twice as much as the one Barnes and Noble was selling from J. D.
Salinger. I know that sounds really kind of shallow and maybe that’s not the
best way to contribute to something, but in the book-collecting world you pay
a premium for really collectible books,’ he explained in an interview with
singer Kim Gordon.[18](ch11.xhtml#footnote-508)

As intended, the work quickly turned into a
collectible[19](ch11.xhtml#footnote-507) and attracted lots of applause from
members of the contemporary art world including, among others, conceptual
writer Kenneth Goldsmith, who described the work as a ‘terribly ballsy move’.
Prince was openly ‘pirating what is arguably the most valuable property in
American literature, practically begging the estate of Salinger to sue
him.’[20](ch11.xhtml#footnote-506)

## Who has the Power to Appropriate?

We need to examine Goldsmith’s appraisal more closely. What is this ‘ballsy
move’? And how does it relate to the asserted criticality of appropriation
artists in the late 1970s, a group of which Prince was part?

Prince rose to prominence in New York in the late 1970s, associated with the
Pictures generation of artists[21](ch11.xhtml#footnote-505) whose
appropriation of images from mass culture and advertising — Prince’s
photographs of Marlboro Man adverts, for example — examined the politics of
representation.[22](ch11.xhtml#footnote-504) Theorists and critics, often
associated with the academic October journal,[23](ch11.xhtml#footnote-503)
interpreted the Pictures artists’ ‘unabashed usurpations of images as radical
interrogations of the categories of originality and authenticity within the
social construction of authorship. […] The author had become irrelevant
because the original gesture had become unimportant; the copy adequately stood
in its place and performed its legitimising
function.’[24](ch11.xhtml#footnote-502)

Artist Sherrie Levine, one of the leading figures in American appropriation
art, expresses the core theoretical commitment of this group of artists in her
1982 manifesto: ‘The world is filled to suffocating. Man has placed his token
on every stone. Every word, every image, is leased and mortgaged. […] A
picture is a tissue of quotations drawn from the innumerable centres of
culture. We can only imitate a gesture that is always anterior, never
original.’[25](ch11.xhtml#footnote-501) This ostensive refusal of originality
poses, no doubt, a critique of the author who creates ‘ex nihilo’. But does it
really present a critique of authorship per se? I shall propose three
arguments from different viewpoints — aesthetic, economic and legal — to
explore the assumptions of this assertion.

From the aesthetic perspective, Prince and Levine are making formal choices in
the process of appropriating already existing work. They re-photograph,
produce photographic prints, make colour choices; they enlarge or scale down,
trim the edges and take decisions about framing. Nate Harrison makes this
point when he argues that ‘Levine and Prince take individual control of the
mass-authored image, and in so doing, reaffirm the ground upon which the
romantic author stands.’[26](ch11.xhtml#footnote-500) It is exactly this
control of, and authority over, the signed and exhibited image that leads
Prince and Levine to be validated as ‘author[s] par
excellence’.[27](ch11.xhtml#footnote-499) Prince, for example, has been lauded
as an artist who ‘makes it new, by making it
again’.[28](ch11.xhtml#footnote-498) This ‘making it again’, a process that
Hal Foster names ‘recoding’,[29](ch11.xhtml#footnote-497) creates new meaning
and must therefore be interpreted as an ‘original’ authorial act.
Subsequently, this work has been validated by museums, galleries, collectors
and critics. From an economic perspective one can therefore argue that
Prince’s numerous solo exhibitions in prestigious museums, his sales figures,
and affiliation to commercial galleries are evidence that he has been ascribed
artistic authorship as well as authorial agency by the institutions of the art
world.[30](ch11.xhtml#footnote-496)

Coming back to Prince’s appropriation of Catcher in the Rye, his conceptual
gesture employs necessarily the very rhetoric and conceptual underpinnings of
legislation and jurisdiction that he seemingly
critiques.[31](ch11.xhtml#footnote-495) He declares ‘this is an artwork by
Richard Prince, © Richard Prince’ and asserts, via claiming copyright, the
concept of originality and creativity for his work. By this paradoxical
gesture, he seemingly replaces ‘authorship’ with authorship and ‘ownership’
with ownership. And by doing so, I argue, he reinforces its very concept.

The legal framework remains conceptual, theoretical and untested in this case.
But on another occasion, Prince’s authorship was tested in court — and
eventually legally confirmed to belong to him. This is crucial to my inquiry.
What are we to make of the fact that Prince, who challenges the copyright
doctrine in his gestures of appropriation, has been ascribed legitimate
authorship by courts who rule on copyright law? It seems paradoxical, because
as Elizabeth Wang rightly claims, ‘if appropriation is legitimized, the
political dimension of this act is excised’.[32](ch11.xhtml#footnote-494) And
Cornelia Sollfrank argues ‘the value of appropriation art lies in its
illicitness. […] Any form of [judicial] legitimisation would not support the
[appropriation] artists’ claims, but rather undermine
them.’[33](ch11.xhtml#footnote-493)

## Authorship Defined by Market Value and Celebrity Status?

To illustrate this point I will briefly digress to discuss a controversial
court case about Prince’s authorial legitimacy. In 2009, New-York-based
photographer, Patrick Cariou began litigation against Prince, his gallerist
Larry Gagosian and his catalogue publisher Rizzoli. Prince had appropriated
Cariou’s photographs in his series Canal Zone which went on show at Gagosian
Gallery.[34](ch11.xhtml#footnote-492) A first ruling by a district judge
stated that Prince’s appropriation was copyright infringement and requested
him to destroy the unsold paintings on show. The ruling also forbade those
that had been sold from being displayed publicly in the
future.[35](ch11.xhtml#footnote-491)

However Prince’s eventual appeal turned the verdict around. A second circuit
court decided that twenty-five of his thirty paintings fell under the fair use
rule. The legal concept of fair use allows for copyright exceptions in order
to balance the interests of exclusive right holders with the interests of
users and the public ‘for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use), scholarship, or
research’.[36](ch11.xhtml#footnote-490) One requirement to justify fair use is
that the new work should be transformative, understood as presenting a new
expression, meaning or message. The appeal’s court considered Prince’s
appropriation as sufficiently transformative because a ‘reasonable
observer’[37](ch11.xhtml#footnote-489)would perceive aesthetic differences
with the original.[38](ch11.xhtml#footnote-488)

Many artists applauded the appeal court’s verdict, as it seemed to set a
precedent for a more liberal approach towards appropriation art. Yet attorney
Sergio Muñoz Sarmiento and art historian Lauren van Haaften-Schick voiced
concerns about the verdict’s interpretation of ‘transformative’ and the
ruling’s underlying assumptions.

The questions of ‘aesthetic differences’ perceived by a ‘reasonable observer’,
Sarmiento rightly says, are significant. After all, Prince did not provide a
statement of intent in his deposition[39](ch11.xhtml#footnote-487) therefore
the judges had to adopt the role of a (quasi) art critic ‘employing [their]
own artistic judgment[s]’ in a field in which they had not been
trained.[40](ch11.xhtml#footnote-486)

Secondly, trying to evaluate the markets Cariou and Prince cater for, the
court introduced a controversial distinction between celebrity and non-
celebrity artists. The court opinion reasons: ‘Certain of the Canal Zone
artworks have sold for two million or more dollars. The invitation list for a
dinner that Gagosian hosted in conjunction with the opening of the Canal Zone
show included a number of the wealthy and famous such as the musicians Jay-Z
and Beyoncé Knowles, artists Damien Hirst and Jeff Koons, [….] and actors
Robert De Niro, Angelina Jolie, and Brad Pitt’.[41](ch11.xhtml#footnote-485)
Cariou, on the contrary, so the verdict argues, ‘has not aggressively marketed
his work’, and has earned just over $8,000 in royalties from Yes Rasta since
its publication.[42](ch11.xhtml#footnote-484) Furthermore, he made only ‘a
handful of private sales [of his photographic prints] to personal
acquaintances’.[43](ch11.xhtml#footnote-483) Prince, by contrast, sold eight
of his Canal Zone paintings for a total of $10,480,000 and exchanged seven
others for works by canonical artists such as painter Larry Rivers and
sculptor Richard Serra.[44](ch11.xhtml#footnote-482)

The court documents here tend to portray Cariou as a sort of hobby artist or
‘lower class amateur’ in Sarmiento’s words,[45](ch11.xhtml#footnote-481)
whereas Prince is described as a ‘well-known appropriation
artist’[46](ch11.xhtml#footnote-480) with considerable success in the art
market.[47](ch11.xhtml#footnote-479) Such arguing is dangerous, because it
brings social class, celebrity status and art market success into play as
legal categories to be considered in future copyright cases and dismisses
‘Cariou’s claim as a legitimate author and
artist’.[48](ch11.xhtml#footnote-478) The parties eventually reached an out-
of-court settlement regarding the remaining five paintings, and their
infringement claim was returned to the district court meaning that no ruling
had been issued. This pragmatic settlement can be interpreted as a missed
opportunity for further clarification in the interpretation of fair use. No
details about the settlement have been disclosed.[49](ch11.xhtml#footnote-477)

Richard Prince presented himself in his court deposition as an artist, who
‘do[es]n’t really have a message,’ and was not ‘trying to create anything with
a new meaning or a new message.’[50](ch11.xhtml#footnote-476) Nevertheless the
appeal court’s ruling transforms the ‘elusive artist not only into a subject,
but also into an [artist] author’[51](ch11.xhtml#footnote-475) — a status he
set out to challenge in the first place. Therefore Richard Prince’s ongoing
games[52](ch11.xhtml#footnote-474) might be entertaining or make us laugh, but
they stop short of effectively challenging the conceptualisation of
authorship, originality and property because they are assigned the very
properties that are denied to the authors whose works are copied. That is to
say, Prince’s performative toying with the law does not endanger his art’s
operability in the art world. On the contrary, it constructs and affirms his
reputation as a radical and saleable artist-author.

## De-Authoring

A very different approach to copyright law is demonstrated by American artist
Cady Noland, who employs the law to effectively endanger her art’s operability
in the art market. Noland is famously concerned with the circulation and
display of her work with respect to context, installation and photographic
representation. Relatedly, she has also become very critical of short-term
speculation on the art market. Noland has apparently not produced any new work
for over a decade, due to the time she now spends pursuing litigation around
her existing oeuvre.[53](ch11.xhtml#footnote-473) In 2011, she strikingly
demonstrated that an artist need not give up control when her work enters the
commercial art market and turns into a commodity for short-term profit. She
made probably one of the most important stands in modern art history when she
‘de-authored’ her work Cowboys Milking (1990), after it was put up for auction
at Sotheby’s with the consequence that the work could not be sold as a Cady
Noland work anymore.

Swiss-born dealer Marc Jancou, based in New York and Geneva, had consigned the
work to Sotheby’s a few months after having purchased it for $106,500 from a
private collector.[54](ch11.xhtml#footnote-472) Jancou was obviously attracted
by the fact that one of Noland’s works had achieved the highest price for a
piece by a living female artist: $6.6m.

At Noland’s request, on the eve of the auction, Sotheby’s abruptly withdrew
the piece, a silkscreen print on an aluminium panel. The artist argued that it
was damaged: ‘The current condition […] materially differs from that at the
time of its creation. […] [H]er honor and reputation [would] be prejudiced as
a result of offering [it] for sale with her name associated with
it.’[55](ch11.xhtml#footnote-471) From a legal point of view, this amounts to
a withdrawal of Noland’s authorship. The US Visual Artists Rights Act of 1990,
VARA, grants artists ‘authorship’ rights over works even after they have been
sold, including the right to prevent intentional modification and to forbid
the use of their name in association with distorted or mutilated
work.[56](ch11.xhtml#footnote-470) Such rights are based on the premise that
the integrity of a work needs to be guaranteed and a work of art has cultural
significance that extends beyond mere property
value.[57](ch11.xhtml#footnote-469)

Noland’s withdrawal of authorship left Jancou with ‘a Cady Noland’ in his
living room, but not on the market. In an email to Sotheby’s, he complained:
‘This is not serious! Why does an auction house ask the advise [sic] of an
artist that has no gallery representation and has a biased and radical
approach to the art market?’[58](ch11.xhtml#footnote-468) Given that Noland is
a long-standing and outspoken sceptic with respect to speculative dealing in
art, he somewhat naively wonders why she would be able to exercise this degree
of power over an artwork that had been entered into a system of commercial
exchange. His complaint had no effect. The piece remained withdrawn from the
auction and Jancou filed a lawsuit in February 2012 seeking $26 million in
damages from Sotheby’s.[59](ch11.xhtml#footnote-467)

From an economic perspective, both artists, Noland and Prince, illustrated
powerfully how authorship is instituted in the form of the artist’s signature,
to construct (Prince’s Catcher in the Rye) or destroy (Noland’s Cowboy
Milking) monetary value. Richard Prince’s stated intention is to double the
book’s price, and by attaching his name to Salinger’s book in a Duchampian
gesture, he turns it into a work of art authored and copyrighted by Prince.
Noland, on the contrary lowers the value of her artwork by removing her
signature and by asserting the artist-author’s (Noland) rights over the
dealer-owner’s (Jancou).[60](ch11.xhtml#footnote-466)

However, from a legal perspective I would argue that both Noland and Prince —
in their opposite approaches of removing and adding their signatures — affirm
authorship as it is conceptualised by the law.[61](ch11.xhtml#footnote-465)
After all ‘copyright law is a system to which the notion of the author appears
to be central — in defining the right owner, in defining the work, in defining
infringement.’[62](ch11.xhtml#footnote-464)

## Intellectual Property Obsession Running Amok?

Intellectual property — granted via copyright — has become one of the driving
forces of the creative economy, being exploited by corporations and
institutions of the so-called ‘creative industries’. In the governmental
imagination, creative workers are described as ‘model entrepreneurs for the
new economy’.[63](ch11.xhtml#footnote-463) Shortly after the election of New
Labour in the UK in 1997, the newly formed Department of Culture, Media and
Sport established the Creative Industries Mapping Document (CIMD 1998) and
defined the ‘Creative Industries’ primarily in relation to creativity and
intellectual property.[64](ch11.xhtml#footnote-462) According to the
Department for Culture Media and Sport the creative industries have ‘their
origin in individual creativity, skill and talent, which have a potential for
wealth and job creation through the generation and exploitation of
intellectual property.’[65](ch11.xhtml#footnote-461) This exploitation of
intellectual property as intangible capital has been taken on board by
institutions and public management policymakers, which not only turn creative
practices into private property, but trigger working policies that produce
precarious self-entrepreneurship and sacrifice in pursuit of
gratification.[66](ch11.xhtml#footnote-460)

We find this kind of thinking reflected for instance on the website built by
the University of the Arts London to give advice on intellectual property —
which was until recently headlined ‘Own It’.[67](ch11.xhtml#footnote-459)
Here, institutional policies privilege the privatisation and propertisation of
creative student work over the concept of sharing and fair use.

There is evidence that this line of thought creates a self-inflicted
impediment for cultural workers inside and outside art colleges. The College
Art Association, a US-based organization of about fourteen thousand artists,
arts professionals, students and scholars released a report in 2015 on the
state of fair use in the visual arts.[68](ch11.xhtml#footnote-458) The survey
reveals that ‘visual arts communities of practice share a great deal of
confusion about and misunderstanding of the nature of copyright law and the
availability of fair use. […] Formal education on copyright, not least at art
colleges, appears to increase tendencies to overestimate risk and underuse
fair use.’ As a result, the report states, the work of art students ‘is
constrained and censored, most powerfully by themselves, because of that
confusion and the resulting fear and anxiety.’[69](ch11.xhtml#footnote-457)

This climate even results in outright self-censorship. The interviewees of
this study ‘repeatedly expressed a pre-emptive decision not to pursue an
idea’[70](ch11.xhtml#footnote-456) because gaining permission from right
holders is often difficult, time consuming or expensive. The authors of this
report called this mindset a ‘permissions culture’, giving some examples. ‘I
think of copyright as a cudgel, and I have been repeatedly forestalled and
censored because I have not been able to obtain copyright permission’, stated
one academic, whose research did not get approval from an artist’s estate. He
added: ‘For those of us who work against the grain of [the] market-driven arts
economy, their one recourse for controlling us is copyright.’ Another said:
‘In many cases I have encountered artists’ estates and sometimes artists who
refuse rights to publish (even when clearly fair use) unless they like the
interpretation in the text. This is censorship and very deleterious to
scholarship and a free public discourse on
images.’[71](ch11.xhtml#footnote-455) One scholar declared that copyright
questions overshadowed his entire work process: ‘In my own writing, I’m
worrying all the time.’[72](ch11.xhtml#footnote-454) In such a climate of
anxiety ‘editors choose not to publish books that they believe might have
prohibitive permission costs; museums delay or abandon digital-access
projects’, as Ben Mauk comments in the New Yorker
Magazine.[73](ch11.xhtml#footnote-453)

The language of law does harm because it has the rhetorical power to foreclose
debate. Legal and political science scholar Jennifer Nedelsky traces the
problem to the fact ‘that many right claims, such as “it’s my property”, have
a conclusory quality. They are meant to end, not to open up debate’, therefore
‘treating as settled, what should be debated’.[74](ch11.xhtml#footnote-452)

In a similar vein, political scientist Deborah Halbert describes how her
critique of intellectual property took her on a journey to study the details
of the law. The more she got into it, so she says, the more her own thinking
had been ‘co-opted’ by the law. ‘The more I read the case law and law
journals, the more I came to speak from a position inside the status quo. My
ability to critique the law became increasingly bounded by the law itself and
the language used by those within the legal profession to discuss issues of
intellectual property. I began to speak in terms of incentives and public
goods. I began to start any discussion of intellectual property by what was
and was not allowed under the law. It became clear that the very act of
studying the subject had transformed my standpoint from an outsider to an
insider.’[75](ch11.xhtml#footnote-451)

## The Piracy Project — Multiple Authorship or ‘Unsolicited Collaborations’?

A similar question of language applies to the term
‘pirate’.[76](ch11.xhtml#footnote-450) Media and communication scholar Ramon
Lobato asks whether the language of piracy used by the critical intellectual
property discourse ‘should be embraced, rejected, recuperated or
rearticulated’? He contends that reducing ‘piracy’ to a mere legal category —
of conforming, or not, with the law — tends to neglect the generative forces
of piracy, which ‘create its own economies, exemplify wider changes in social
structure, and bring into being tense and unusual relationships between
consumers, cultural producers and governments.’[77](ch11.xhtml#footnote-449)

When the word pirate first appeared in ancient Greek texts, it was closely
related to the noun ‘peira’ which means trial or attempt. ‘The ‘pirate’ would
then be the one who ‘tests’, ‘puts to proof’, ‘contends with’, and ‘makes an
attempt’.[78](ch11.xhtml#footnote-448) Further etymological research shows
that from the same root stems pira: experience, practice [πείρα], pirama:
experiment [πείραμα], piragma: teasing [πείραγμα] and pirazo: tease, give
trouble [πειράζω].[79](ch11.xhtml#footnote-447)

This ‘contending with’, ’making an attempt’ and ‘teasing’ is at the core of
the Piracy Project’s practice, whose aim is twofold: firstly, to gather and
study a vast array of piratical practices (to test and negotiate the
complexities and paradoxes created by intellectual property for artistic
practice); and secondly to build a practice that is itself collaborative and
generative on many different levels.[80](ch11.xhtml#footnote-446)

The Piracy Project explores the philosophical, legal and social implications
of cultural piracy and creative modes of dissemination. Through an open call,
workshops, reading rooms and performative debates as well as through our
research into international pirate book markets[81](ch11.xhtml#footnote-445)
we gathered a collection of roughly 150 copied, emulated, appropriated and
modified books from across the world. Their approaches to copying vary widely,
from playful strategies of reproduction, modification and reinterpretation of
existing works; to acts of civil disobedience circumventing enclosures such as
censorship or market monopolies; to acts of piracy generated by commercial
interests. This vast and contradictory spectrum of cases, from politically
motivated bravery as well as artistic statements to cases of hard-edged
commercial exploitation, serves as the starting point to explore the
complexities and contradictions of authorship in debates, workshops, lectures
and texts, like this one.

In an attempt to rearticulate the language of piracy we call the books in the
collection ‘unsolicited collaborations’.[82](ch11.xhtml#footnote-444)
Unsolicited indicates that the makers of the books in the Piracy Project did
not ask for permission — Richard Prince’s ‘Catcher in the Rye’ is one
example.[83](ch11.xhtml#footnote-443) Collaboration refers to a relational
activity and re-imagines authorship not as proprietary and stable, but as a
dialogical and generative process. Here, as feminist legal scholar Carys Craig
claims, ‘authorship is not originative but participative; it is not internal
but interactive; it is not independent but interdependent. In short, a
dialogic account of authorship is equipped to appreciate the derivative,
collaborative, and communicative nature of authorial activity in a way that
the Romantic [individual genius] account never
can.’[84](ch11.xhtml#footnote-442)

Such a participatory and interdependent conceptualisation of authorship is
illustrated and tested in the Piracy Project’s research into reprinting,
modifying, emulating and commenting on published books. As such it revisits —
through material practice — Michel Foucault’s critical concept of the ‘author
function’ as the triggering of a discourse, rather than a proprietary
right.[85](ch11.xhtml#footnote-441)

This becomes clearer when we consider that digital print technologies, for
example through print on demand and desktop publishing, allow for a constant
re-printing and re-editing of existing files. The advent and widespread
accessibility of the photocopy machine in the late 1960s allowed the reader to
photocopy books and collate selected chapters, pages or images in new and
customised compilations. These new reproduction technologies undermine to an
extent the concept of the printed book as a stable and authoritative
work,[86](ch11.xhtml#footnote-440) which had prevailed since the mass
production of books on industrial printing presses came into being. Eva
Hemmungs Wirtén describes how the widespread availability of the
photocopier[87](ch11.xhtml#footnote-439) has been perceived as a threat to the
authority of the text and cites Marshall McLuhan’s address at the Vision 65
congress in 1965:

Xerography is bringing a reign of terror into the world of publishing because
it means that every reader can become both author and publisher. […]
Authorship and readership alike can become production-oriented under
xerography. Anyone can take a book apart, insert parts of other books and
other materials of his own interest, and make his own book in a relatively
fast time. Any teacher can take any ten textbooks on any subject and custom-
make a different one by simply xeroxing a chapter from this one and from that
one.[88](ch11.xhtml#footnote-438)

One example of a reprinted and modified book in the Piracy Project is No se
diga a nadie (‘Don’t tell anyone’).[89](ch11.xhtml#footnote-437) It is an
autobiographical novel by Peruvian journalist and TV presenter Jaime Bayli.
The pirate copy, found by Andrea Francke on Lima’s pirate book markets, is
almost identical in size, weight, and format and the cover image is only
slightly cropped. However, this pirate copy has two extra chapters. Somebody
has infiltrated the named author’s work and sneaked in two fictionalised
chapters about the author’s life. These extra chapters are well written, good
enough to blend in and not noticeable at first glance by the
reader.[90](ch11.xhtml#footnote-436)

The pirates cannot gain any cultural capital here, as the pirating author
remains an anonymous ghost. Equally there is no financial profit to be made,
as long as the pirate version is not pointed out to readers as an extended
version. Such act is also not framed as a conceptual gesture, as it is the
case with Prince’s Catcher in the Rye. It rather operates under the radar of
everyone, and moreover and importantly, any revelation of this intervention or
any claim of authorship would be counterproductive.

This example helps us to think through concepts of the authoritative text and
the stability of the book. Other cases in the Piracy Project find similar ways
to queer the category of authorship and the dominant modes of production and
dissemination.[91](ch11.xhtml#footnote-435) Our practice consists of
collecting; setting up temporary reading rooms to house the collection; and
organising workshops and debates in order to find out about the reasons and
intentions for these acts of piracy, to learn from their strategies and to
track their implications for dominant modes of production and
dissemination.[92](ch11.xhtml#footnote-434)

This discursive practice distinguishes the Piracy Project from radical online
libraries, such as aaaaarg.fail or
[memoryoftheworld.org](http://memoryoftheworld.org).[93](ch11.xhtml#footnote-433)
While we share similar concerns, such as distribution monopolies, enclosure
and the streamlining of knowledge, these peer-to-peer (p2p) platforms mainly
operate as distribution platforms, developing strategies to share intact
copies of authoritative texts. Marcell Mars, for example, argues against
institutional and corporate distribution monopolies when he states ‘when
everyone is a librarian, [the] library is everywhere’. Mars invites users of
the online archive [memoryoftheworld.org](http://memoryoftheworld.org) to
upload their scanned books to share with others. Similarly, Sean Dockray, who
initiated aaaaarg.fail, a user generated online archive of books and texts,
said in an interview: ‘the project wasn’t about criticising institutions,
copyright, authority, and so on. It was simply about sharing knowledge. This
wasn’t as general as it sounds; I mean literally the sharing of knowledge
between various individuals and groups that I was in correspondence with at
the time but who weren’t necessarily in correspondence with each
other.’[94](ch11.xhtml#footnote-432)

## Practising Critique — Queering Institutional Categories

In contrast to online p2p sharing platforms, the Piracy Project took off in a
physical space, in the library of Byam Shaw School of Art in London. Its
creation was a response to restrictive university policies when, in 2010, the
management announced the closure of the art college library due to a merger
with the University of the Arts London. A joint effort by students and staff,
supported by the acting principal, turned Byam Shaw’s art college library into
a self-organised library that remained public, as well as intellectually and
socially generative.[95](ch11.xhtml#footnote-431)

As a result of the college taking collective ownership over the library and
its books, the space opened up. It had been a resource that was controlled and
validated by institutional policies that shaped crucial decisions about what
went on the shelves, but it became an assemblage of knowledge in which
potentially obscure, self-published materials that were not institutionally
validated were able to enter.

For example, artist and writer Neil Chapman’s handmade facsimile of Gilles
Deleuze’s Proust and Signs[96](ch11.xhtml#footnote-430) explored the
materiality of print and related questions about the institutional policies of
authorisation. Chapman produced a handmade facsimile of his personal paperback
copy of Deleuze’s work, including binding mistakes in which a few pages were
bound upside down, by scanning and printing the book on his home inkjet
printer. The book is close to the original format, cover and weight. However,
it has a crafty feel to it: the ink soaks into the paper creating a blurry
text image very different from a mass-produced offset printed text. It has
been assembled in DIY style and speaks the language of amateurism and
makeshift. The transformation is subtle, and it is this subtlety that makes
the book subversive in an institutional library context. How do students deal
with their expectations that they will access authoritative and validated
knowledge on library shelves and instead encounter a book that was printed and
assembled by hand?[97](ch11.xhtml#footnote-429) Such publications circumvent
the chain of institutional validation: from the author, to the publisher, the
book trade, and lastly the librarian purchasing and cataloguing the book
according to the standard bibliographic
practices.[98](ch11.xhtml#footnote-428) A similar challenge to the stability
of the printed book and the related hierarchy of knowledge occurred when
students at Byam Shaw sought a copy of Jacques Ranciere’s Ignorant
Schoolmaster and found three copied and modified versions. In accordance with,
or as a response to, Ranciere’s pedagogical proposal, one copy featured
deleted passages that left blank spaces for the reader to fill and to
construct their own meaning in lieu of Ranciere’s
text.[99](ch11.xhtml#footnote-427)

This queering of the authority of the book as well as the normative,
institutional frameworks felt like a liberating practice. It involved an open
call for pirated books, a set of workshops and a series of
lectures,[100](ch11.xhtml#footnote-426) which built a structure that allowed
the Piracy Project to share concerns about the wider developments at the
university and the government’s funding cuts in education, while the project
could at the same time playfully subvert the dire and frustrating situation of
a library that is earmarked for closure.

The fact that the library’s acquisition budget was cut made the pirating
action even more meaningful. Many books were produced on the photocopy machine
in the college. Other copies were sent to the project by artists, writers,
curators and critics who responded to the international call. The initial
agreement was to accept any submission, no matter how controversial, illegal
or unethical it might be. This invited a variety of approaches and
contradicting voices, which were not muted by the self-censorship of their
originators, nor by the context in which they circulated. By resisting
generalised judgments, the project tried to practice critique in Judith
Butler’s sense. For Butler ‘judgments operate […] as ways to subsume a
particular under an already constituted category, whereas critique asks after
the occlusive constitution of the field of categories themselves. […] Critique
is able to call foundations into question, denaturalise social and political
hierarchy, and even establish perspectives by which a certain distance on the
naturalised world can be had.’[101](ch11.xhtml#footnote-425)

To create such a space for the critique of the naturalisation of authorship as
intellectual property was one of the aims of the Piracy Project: firstly by
understanding that there is always a choice through discovering and exploring
other cultures and nations dealing with (or deliberately suspending) Western
copyright, and secondly through the project’s collective practice itself.

## Collective Authorship, Institutional Framing

The collaborative mode and collectivity within the Piracy Project
differentiates its artistic strategy in principle from Prince’s or Noland’s
approaches, who both operate as individuals claiming individual authorship for
their work.

But how did the Piracy Project deal with the big authorship question? There
was an interesting shift here: when the project still operated within the art
college library, there was not much need for the articulation of authorship
because it was embedded in a community who contributed in many different ways.
Once the library was eventually shut after two years and the project was
hosted by art institutions, a demand for the definition and framing of
authorship arose.[102](ch11.xhtml#footnote-424) Here the relationship between
the individual and the collective requires constant and careful
negotiation.[103](ch11.xhtml#footnote-423) Members of collectives naturally
develop different priorities and the differences in time, labour and thought
invested by individuals makes one contributor want to claim ‘more authorship’
than another. These conflicts require trust, transparency and a decision to
value the less glamorous, more invisible and supportive work needed to
maintain the project as much as the authoring of a text or speaking on a
panel.[104](ch11.xhtml#footnote-422) We also do not necessarily speak with one
voice. Andrea grew up in Peru and Brazil, and I in Germany, so we have
different starting points and experiences: ‘we’ was therefore sometimes a
problematic category.

## Our Relationships Felt Temporarily Transformed

Walter Benjamin, in his text ‘The Author as Producer’, rightly called on
intellectuals to take into account the means of production as much as the
radical content of their writings.[105](ch11.xhtml#footnote-421) In
theoretical writing, modes of production are too often ignored, which means in
practice that theorists uncritically comply with the conventional
micropolitics of publishing and dissemination. In other words, radical men and
women write radical thoughts in books that are not radical at all in the way
they are produced, published and disseminated. Cultural philosopher Gary Hall
recounts with surprise a discussion headlined ‘Radical Publishing: What Are We
Struggling For?’ that was held at the Institute of Contemporary Arts (ICA) in
London in 2011. The invited panel speakers — Franco ‘Bifo’ Berardi, David
Graeber, Peter Hallward, and Mark Fisher among others — were mostly concerned
with, as Hall remembers,

political transformations elsewhere: in the past, the future, Egypt, [….] but
there was very little discussion of anything that would actually affect the
work, business, role, and practices of the speakers themselves: radical ideas
of publishing with transformed modes of production, say. As a result, the
event in the end risked appearing mainly to be about a few publishers,
including Verso, Pluto, and Zero Books, that may indeed publish radical
political content but in fact operate according to quite traditional business
models […] promoting their authors and products and providing more goods for
the ticket-paying audience to buy. If the content of their publications is
politically transformative, their publishing models certainly are not, with
phenomena such as the student protests and ideas of communism all being turned
into commodities to be marketed and sold.[106](ch11.xhtml#footnote-420)

That truly radical practices are possible is demonstrated by Susan Kelly, when
she reflects on her involvement in collective practices of creative dissent
during the austerity protests in the UK in 2010 — roughly at the same time and
in the same climate that the panel at the ICA took
place.[107](ch11.xhtml#footnote-419) Kelly describes occasions when artists
and activists who were involved in political organising, direct action,
campaigning, and claiming and organising alternative social and cultural
spaces, came together. She sees these occasions as powerful moments that
provided a glimpse into what the beginnings of a transversal and overarching
movement might look like.[108](ch11.xhtml#footnote-418) It was an attempt to

devise the new modes of action, and new kinds of objects from our emerging
analyses of the situation while keeping the format open, avoiding the
replication of given positions, hierarchies and roles of teachers, students,
artists, onlookers and so on. […] We met people we had never met before, never
worked with or known, and for many of us, our relationships felt temporarily
transformed, our vulnerabilities exposed and prior positions and defenses left
irrelevant, or at least suspended.[109](ch11.xhtml#footnote-417)

Exactly because these moments of protest produced actions and props that
escaped authorship, it was even more alienating for the participants when a
collectively fabricated prop for a demonstration, a large papier-mâché
carrot[110](ch11.xhtml#footnote-416) that became a notorious image in the
press at the time, was retrospectively ascribed in an Artforum interview to be
the ‘authored’ work of an individual artist.[111](ch11.xhtml#footnote-415)

Kelly, correctly, is highly critical of such designation, which re-erects the
blockages and boundaries connected to regimes of authorship that collective
action aimed to dismantle in the first place. It is vital not to ignore the
‘complex set of open and contingent relationships, actions and manifestations
that composed this specific collective political work.’ We would have to ask,
to which of the activities in the making of the papier-mâché carrot would we
attribute authorship? Is it the paper sourcing, the gluing, the painting, the
carrying or the communicative work of organising the gatherings? What if the
roles and practices are fluid and cannot be delimited like this?

## How Not to Assign Authorship?

What about this text you are reading now? It is based on a five-year
collaboration to which numerous people contributed. Pirated books were given
to the Piracy Project as well as arguments, ideas, questions, knowledge and
practices in the form of conversations and workshops.

In that regard, this text is informed by a myriad of encounters in panel
discussions and debates, as well as in the classrooms supported by
institutions, activist spaces and art spaces.[112](ch11.xhtml#footnote-414)
All these people donated their valuable ideas to its writing. Various drafts
have been read and commented on by friends, PhD supervisors and an anonymous
peer reviewer, and it has been edited by the publishers in the process of
becoming part of the anthology you now hold in your hands or read on a screen.
In that light, do I simply and uncritically affirm the mechanisms I am
criticising by delivering a single-authored text to be printed and validated
within the prevailing audit culture?

What if I did not add my name to this text? If it went unsigned, so to speak?
If anonymity replaced the designation of authorship? The text has not been
written collectively or collaboratively, despite the conventional processes of
seeking comments from friendly and critical readers. This is my text, but what
would happen if I did not assert my right to be its named author?

How would the non-visibility of the author matter to the reader? We are used
to making judgements that are at least partially based on the gender, status,
authority and reputation of a writer. There are also questions of liability
and accountability with respect to the content of the
text.[113](ch11.xhtml#footnote-413) Given the long struggle of women writers
and writers of colour to gain the right to be acknowledged as author, the act
of not signing my text might be controversial or even counter productive. It
would also go against the grain of scholarship that aims to decolonise the
canon or fight against the prevailing gender inequality in scholarly
publishing.[114](ch11.xhtml#footnote-412) And more, we have to ask who is
actually in a position to afford not to assign individual names to works given
that authorship — as discussed above — is used as a marker for professional
survival and advancement.

In this specific context however, and as practice based research, it would be
worth testing out practically what such a text orphan would trigger within
dominant infrastructures of publishing and validation. How would
bibliographers catalogue such a text? How could it be referenced and cited?
And how would it live online with respect to search engines, if there is no
searchable name attached to it? Most of our current research repositories
don’t allow the upload of author-less texts, instead returning error messages:
‘The author field must be completed’. Or they require a personalised log-in,
which automatically tags the registered username to the uploaded text.

What if I used a pseudonym, a common practice throughout literary
history?[115](ch11.xhtml#footnote-411) Multiple identity pseudonyms, such as
‘Karen Eliot’ or ‘Monty Cantsin’ used by the Neoist movement in the 1980s and
1990s could be interesting as they provide a joint name under which anybody
could sign her or his work without revealing the author’s
identity.[116](ch11.xhtml#footnote-410) This strategy of using a multi-
identity avatar is currently practiced by a decentralised, international
collective of hacktivists operating under the name ‘Anonymous’. The
‘elimination of the persona [of the author], and by extension everything
associated with it, such as leadership, representation, and status, is’,
according to Gabriella Coleman, ‘the primary ideal of
Anonymous.’[117](ch11.xhtml#footnote-409)

What if we adopted such models for academia? If we unionised and put in place
a procedure to collectively publish our work anonymously, for example under a
multi-identity avatar instead of individual names — how would such a text,
non-attributable as it is, change the policies of evaluation and assessment
within the knowledge economy? Would the lack of an identifiable name allow the
text to resist being measured as (or reduced to) a quantifiable auditable
‘output’ and therefore allow the issue of individualistic authorship to be
politicised? Or would it rather, as an individual and solitary act, be
subjected — again — to the regimes of individualisation? It seems that only if
not assigning individual authorship became a widespread and unionised practice
could procedures be put in place that acknowledged non-authored, collective,
non-competitive practices.[118](ch11.xhtml#footnote-408)

However, as tempting and urgent as such a move might appear in order to allow
individualistic authorship to be politicised, such a step also produces a
challenging double bind. According to Sara Ahmed it actually does matter who
is speaking. ’The ’who ’ does make a difference, not in the form of an
ontology of the individual, but as a marker of a specific location from which
the subject writes’.[119](ch11.xhtml#footnote-407)

From a feminist and postcolonial perspective, the detachment of writing from
the empirical body is problematic. Ahmed points out: ‘The universalism of the
masculine perspective relies precisely on being disembodied, on lacking the
contingency of a body. A feminist perspective would surely emphasise the
implication of writing in embodiment, in order to re-historicise this supposed
universalism, to locate it, and to expose the violence of its contingency and
particularity (by declaring some-body wrote this text, by asking which body
wrote this text).’[120](ch11.xhtml#footnote-406) Gayatri Spivak for example
insists on marking the positionality of a speaking subject in order to account
for the often unacknowledged eurocentrism of western
philosophy.[121](ch11.xhtml#footnote-405)

If we acknowledged this double bind, we might eventually be able to invent
modes of being and working together that recognise the difference of the ’who’
that writes, and at the same time might be able to move on from the question
‘how can we get rid of the author’ to inventing processes of subjectivation
that we want to support and instigate.

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Politics (London: Routledge), pp. 47–58.

Sollfrank, Cornelia (2012) ‘Copyright Cowboys Performing the Law’, Journal of
New Media Caucus 8.2, fall-2012-v-08-n-02-december-2nd-2012/copyright-cowboys-performing-the-law/>

Spivak, Gayatry Chakravorty (1988) ‘Can the Subaltern Speak?’, in Cary Nelson
and Lawrence Grossberg (eds.), Marxism and the Interpretation of Culture
(Urbana: University of Illinois Press), pp. 271–313.

Strathern, Marilyn (2005) Kinship, Law, and the Unexpected: Relatives Are
Always a Surprise (Cambridge: Cambridge University Press).

Thoburn, Nicholas (2016) Anti-Book, On the Art and Politics of Radical
Publishing (Minneapolis and London: University of Minnesota Press).

UK Government, Department for Digital, Culture, Media and Sport (2015)
Creative Industries Economic Estimates January 2015,
estimates-january-2015/creative-industries-economic-estimates-january-2015
-key-findings>

— (1998) The Creative Industries Mapping Document,
documents-1998>

US Copyright Act (1976, amended 2016),

Wang, Elizabeth H. (1990) ‘(Re)Productive Rights: Copyright and the Postmodern
Artist’, Columbia-VLA Journal of Law & the Arts 14.2, 261–81,
[https://heinonline.org/HOL/Page?handle=hein.journals/cjla14&div=10&g_sent=1&casa_token=&collection=journals](https://heinonline.org/HOL/Page?handle=hein.journals/cjla14&div=10&g_sent=1&casa_token=&collection=journals)

Waugh, Seth (2007) ‘Sponsor Statement‘, in The Solomon R. Guggenheim
Foundation (ed.), Richard Prince (Ostfildern: Hatje Cantz).

Wellmon, Chad and Andrew Piper (21 July 2017) ‘Publication, Power, Patronage:
On Inequality and Academic Publishing’, Critical Inquiry,


Wright, Stephen (2013) Towards a Lexicon of Usership (Eindhoven: Van
Abbemuseum).

Zwick, Tracy (29 August 2013) ‘Art in America’, [https://www.artinamerica
magazine.com/news-features/news/sothebys-wins-in-dispute-with-jancou-gallery-
over-cady-noland-artwork/](https://www.artinamericamagazine.com/news-
features/news/sothebys-wins-in-dispute-with-jancou-gallery-over-cady-noland-
artwork/)

* * *

[1](ch11.xhtml#footnote-525-backlink) /social-turn>

[2](ch11.xhtml#footnote-524-backlink) Carys J. Craig, ‘Symposium:
Reconstructing the Author-Self: Some Feminist Lessons for Copyright Law’,
American University Journal of Gender, Social Policy & the Law 15\. 2 (2007),
207–68 (p. 224).

[3](ch11.xhtml#footnote-523-backlink) Mark Rose, Authors and Owners, The
Invention of Copyright (Cambridge, MA and London: Harvard University Press,
1993), p. 142.

[4](ch11.xhtml#footnote-522-backlink) Craig, ‘Symposium: Reconstructing the
Author-Self’, p. 261.

[5](ch11.xhtml#footnote-521-backlink) Ibid., p. 267.

[6](ch11.xhtml#footnote-520-backlink) See also cultural theorist Gary Hall’s
discussion of Pirate Philosophy, as a potential way forward to overcome such
simplyfying dichotomies. ‘How can we [theorists] operate differently with
regard to our own work, business, roles, and practices to the point where we
actually begin to confront, think through, and take on (rather than take for
granted, forget, repress, ignore, or otherwise marginalize) some of the
implications of the challenge that is offered by theory to fundamental
humanities concepts such as the 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, regardless of
the form in which it is described, explained, illustrated, or embodied in such
work.’ US Copyright Law, Article 17, §102 (b), amendment 2016,


[10](ch11.xhtml#footnote-516-backlink) Susan Kelly, ‘“But that was my idea!”
Problems of Authorship and Validation in Contemporary Practices of Creative
Dissent’, Parallax 19.2 (2013), 53–69,
https://doi.org/[10.1080/13534645.2013.778496](https://doi.org/10.1080/13534645.2013.778496).
All references to this text refer to the version published on
[academia.edu](http://academia.edu), which is slightly different:
,
p. 6.

[11](ch11.xhtml#footnote-515-backlink) Kathleen Fitzpatrick’s working method
with her book Generous Thinking: A Radical Approach to Saving the University
(Baltimore: John Hopkins University Press, 2019) presents an interesting
alternative to standard procedures in scholarly publishing. She published the
draft of her book online, inviting readers to comment. This could potentially
become a model for multiple authorship as well as an alternative to the
standard peer review procedures. I am quoting from the published draft
version: Kathleen Fitzpatrick, ‘Critique and Competition’ in Generous
Thinking: The University and the Public Good (Humanities Commons, 2018),
paragraph 1,

[12](ch11.xhtml#footnote-514-backlink) Kelly, ‘“But that was my idea!”’, p. 6.

[13](ch11.xhtml#footnote-513-backlink) I refer in this chapter to US copyright
law, if not indicated otherwise.

[14](ch11.xhtml#footnote-512-backlink) He also released the book with Printed
Matter at the New York Art Book Fair in 2011.

[15](ch11.xhtml#footnote-511-backlink) It took Prince and his collaborator
John McWhinney over a year to find a printer with the guts to print this
facsimile. The one he eventually found was based in Iceland.

[16](ch11.xhtml#footnote-510-backlink) Prince states in his blog entry ‘Second
Thoughts on Being Original’, that he made 300 copies. ‘My plan was to show up
once a week, same day, same time, same place, until all three hundred copies
were gone.’ Birdtalk, 13 April 2015,
Booksellers’ web pages, such as Printed Matter, N.Y. and
[richardprincebooks.com](http://richardprincebooks.com), list an edition of
500. See:

[17](ch11.xhtml#footnote-509-backlink) Mark Krupnick, ‘JD Salinger Obituary’,
The Guardian, 28 January 2010, /jd-salinger-obituary>

[18](ch11.xhtml#footnote-508-backlink) Kim Gordon, ‘Band Paintings: Kim Gordon
Interviews Richard Prince’, Interview Magazine, 18 June 2012,
[http://www.interviewmagazine.com/art/kim-gordon-richard-
prince#](http://www.interviewmagazine.com/art/kim-gordon-richard-prince)

[19](ch11.xhtml#footnote-507-backlink) The inside flap of his replica stated a
price of $62. On this afternoon on the sidewalk outside Central Park, he sold
his copies for $40. When I was browsing the shelves at the New York art
bookshop Printed Matter in 2012 I saw copies for $200 and in 2018 it is priced
at $1200 and $3500 for a signed copy on Abebooks,
[https://www.abebooks.co.uk/servlet/SearchResults?isbn=&an=richard%20prince
&tn=catcher%20rye&n=100121503&cm_sp=mbc-_-ats-_-used](https://www.abebooks.co.uk/servlet/SearchResults?isbn=&an=richard%252520prince&tn=catcher%252520rye&n=100121503&cm_sp=mbc-_-ats-_-used)

[20](ch11.xhtml#footnote-506-backlink) Kenneth Goldsmith, ‘Richard Prince’s
Latest Act of Appropriation: The Catcher in the Rye’, Harriet: A Poetry Blog,
19 April 2012, princes-latest-act-of-appropriation-the-catcher-in-the-rye/>

[21](ch11.xhtml#footnote-505-backlink) In 1977 Douglas Crimp curated the
exhibition ‘Pictures’ at Artists’ Space in New York with artists Troy
Brauntuch, Jack Goldstein, Sherrie Levine, Robert Longo and Philip Smith.
Artist Cornelia Sollfrank interprets ‘the non-specific title of the show’ as a
first indication of the aesthetic strategies presented in the exhibition. The
presentation of reproduced visual materials marked, according to Sollfrank, ‘a
major challenge to the then predominant modernist discourse.’ Cornelia
Sollfrank, ‘Copyright Cowboys Performing the Law’, Journal of New Media Caucus
8.2 (2012), fall-2012-v-08-n-02-december-2nd-2012/copyright-cowboys-performing-the-law/>

[22](ch11.xhtml#footnote-504-backlink) As Benjamin Buchloh writes ‘these
processes of quotation, excerption, framing and staging that constitute the
strategies of the work […] necessitate [the] uncovering strata of
representation. Needless to say we are not in search of sources of origin, but
of structures of signification: underneath each picture there is always
another picture.’ Benjamin Buchloh, ‘Pictures’, in David Evans (ed.),
Appropriation, Documents of Contemporary Art (London: Whitechapel Gallery,
2009), p. 78\. Originally published in October 8 (1979), 75–88.

[23](ch11.xhtml#footnote-503-backlink) October’s editors — including among
others Rosalind Krauss, Hal Foster, Craig Owens, and Benjamin Buchloh —
provided a theoretical context for this emerging art by introducing French
structuralist and poststructuralist theory, i.e. the writings of Roland
Barthes, Michel Foucault, and Jacques Derrida to the English speaking world.

[24](ch11.xhtml#footnote-502-backlink) Nate Harrison, ‘The Pictures
Generation, the Copyright Act of 1976, and the Reassertion of Authorship in
Postmodernity’, art&education.net, 29 June 2012,
pictures-generation-the-copyright-act-of-1976-and-the-reassertion-of-
authorship-in-postmodernity/>

[25](ch11.xhtml#footnote-501-backlink) Sherrie Levine, ‘Statement//1982’, in
David Evans (ed.), Appropriation, Documents of Contemporary Art (London:
Whitechapel Gallery, 2009), p. 81.

[26](ch11.xhtml#footnote-500-backlink) Nate Harrison, ‘The Pictures
Generation, the Copyright Act of 1976, and the Reassertion of Authorship in
Postmodernity’, art&education.net, 29 June 2012,
pictures-generation-the-copyright-act-of-1976-and-the-reassertion-of-
authorship-in-postmodernity/>

[27](ch11.xhtml#footnote-499-backlink) Ibid.

[28](ch11.xhtml#footnote-498-backlink) Quoting this line from Prince book, Why
I Go to the Movies Alone (New York: Barbara Gladstone Gallery, 1994), the
sponsor statement in the catalogue for Prince’s solo show Spiritual America at
The Guggenheim Museum in New York continues: ‘although his [work is] primarily
appropriated […] from popular culture, [it] convey[s] a deeply personal
vision. His selection of mediums and subject matter […] suggest a uniquely
individual logic […] with wit and an idiosyncratic eye, Richard Prince has
that rare ability to analyze and translate contemporary experience in new and
unexpected ways.’ Seth Waugh, ‘Sponsor Statement‘, in The Solomon R.
Guggenheim Foundation (ed.), Richard Prince (Ostfildern: Hatje Cantz, 2007).

[29](ch11.xhtml#footnote-497-backlink) See Hal Foster, ‘(Post)modern
Polemics’, in Recodings: Art, Spectacle, Cultural Politics (Port Townsend, WA:
Bay Press, 1985).

[30](ch11.xhtml#footnote-496-backlink) See note 47.

[31](ch11.xhtml#footnote-495-backlink) One might argue that this performative
act of claiming intellectual property is an attempt to challenge J. D.
Salinger’s notorious protectiveness about his writing. Salinger sued the
Swedish writer Fredrik Colting successfully for copyright infringement. Under
the pseudonym John David California, Colting had written a sequel to The
Catcher in the Rye. The sequel, 60 Years Later Coming Through The Rye, depicts
the protagonist Holden Caulfield’s adventures as an old man. In 2009, the US
District Court Judge in Manhattan, Deborah A. Batts, issued a preliminary
injunction indefinitely barring the publication, advertising or distribution
of the book in the US. See Sewell Chan, ‘Judge Rules for J. D. Salinger in
“Catcher” Copyright Suit’, The New York Times, 1 July 2009,


‘In a settlement agreement reached between Salinger and Colting in 2011,
Colting has agreed not to publish or otherwise distribute the book, e-book, or
any other editions of 60 Years Later in the U.S. or Canada until The Catcher
in the Rye enters the public domain. Notably, however, Colting is free to sell
the book in other international territories without fear of interference, and
a source has told Publishers Weekly that book rights have already been sold in
as many as a half-dozen territories, with the settlement documents included as
proof that the Salinger Estate will not sue. In addition, the settlement
agreement bars Colting from using the title “Coming through the Rye”; forbids
him from dedicating the book to Salinger; and would prohibit Colting or any
publisher of the book from referring to The Catcher in the Rye, Salinger, the
book being “banned” by Salinger, or from using the litigation to promote the
book.’ Andrew Albanese, ‘J. D. Salinger Estate, Swedish Author Settle
Copyright Suit’, Publishers Weekly, 11 January 2011,
news/article/45738-j-d-salinger-estate-swedish-author-settle-copyright-
suit.html>

[32](ch11.xhtml#footnote-494-backlink) Elizabeth H. Wang, ‘(Re)Productive
Rights: Copyright and the Postmodern Artist’, Columbia-VLA Journal of Law &
the Arts 14.2 (1990), 261–81 (p. 281),
[https://heinonline.org/HOL/Page?handle=hein.journals/cjla14&div=10&g_sent=1&casa_token=&collection=journals](https://heinonline.org/HOL/Page?handle=hein.journals/cjla14&div=10&g_sent=1&casa_token=&collection=journals)

[33](ch11.xhtml#footnote-493-backlink) Sollfrank, ‘Copyright Cowboys’.

[34](ch11.xhtml#footnote-492-backlink) Thirty paintings created by Prince
contained forty-one of Cariou’s photographs. The images had been taken from
Cariou’s book Yes Rasta (Brooklyn: powerHouse Books, 2000) and used by Prince
in his painting series Canal Zone, which was shown at Gagosian Gallery, New
York, in 2008.

[35](ch11.xhtml#footnote-491-backlink) It might be no coincidence (or then
again, it might) that the district court judge in this case, Deborah Batts, is
the same judge who ruled in the 2009 case in which Salinger successfully
brought suit for copyright infringement against Swedish author Fredrik Colting
for 60 Years Later Coming Through the Rye, a sequel to Salinger’s book. See
note 31.

[36](ch11.xhtml#footnote-490-backlink) ’In determining whether the use made of
a work in any particular case is a fair use the factors to be considered shall
include — (1) the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes; (2) the
nature of the copyrighted work; (3) the amount and substantiality of the
portion used in relation to the copyrighted work as a whole; and (4) the
effect of the use upon the potential market for or value of the copyrighted
work.’ US Copyright Act of 1976, amended 2016,


[37](ch11.xhtml#footnote-489-backlink) ‘What is critical is how the work in
question appears to the reasonable observer, not simply what an artist might
say about a particular piece or body of work.’ Cariou v Prince, et al., court
document, No. 11–1197-cv, page 14,
[http://www.ca2.uscourts.gov/decisions/isysquery/f6e88b8b-48af-401c-
96a0-54d5007c2f33/1/doc/11-1197_complete_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery
/f6e88b8b-48af-401c-
96a0-54d5007c2f33/1/hilite/](http://www.ca2.uscourts.gov/decisions/isysquery
/f6e88b8b-48af-401c-
96a0-54d5007c2f33/1/doc/11-1197_complete_opn.pdf%23xml=http://www.ca2.uscourts.gov/decisions/isysquery
/f6e88b8b-48af-401c-96a0-54d5007c2f33/1/hilite/)

[38](ch11.xhtml#footnote-488-backlink) The court opinion states: ‘These
twenty-five of Prince’s artworks manifest an entirely different aesthetic from
Cariou’s photographs. Where Cariou’s serene and deliberately composed
portraits and landscape photographs depict the natural beauty of Rastafarians
and their surrounding environs, Prince’s crude and jarring works, on the other
hand, are hectic and provocative. Cariou’s black-and-white photographs were
printed in a 9 1/2” x 12” book. Prince has created collages on canvas that
incorporate color, feature distorted human and other forms and settings, and
measure between ten and nearly a hundred times the size of the photographs.
Prince’s composition, presentation, scale, color palette, and media are
fundamentally different and new compared to the photographs, as is the
expressive nature of Prince’s work.’ Ibid., pp. 12–13.

[39](ch11.xhtml#footnote-487-backlink) Prince’s deposition testimony stated
that he ‘do[es]n’t really have a message,’ that he was not ‘trying to create
anything with a new meaning or a new message,’ and that he ‘do[es]n’t have any
[…] interest in [Cariou’s] original intent.’ Court Opinion, p. 13\. For full
deposition see Greg Allen (ed.), The Deposition of Richard Prince in the Case
of Cariou v. Prince et al. (Zurich: Bookhorse, 2012).

[40](ch11.xhtml#footnote-486-backlink) The court opinion includes a dissent by
Circuit Judge Clifford Wallace sitting by designation from the US Court of
Appeals for the Ninth Circuit, ‘I, for one, do not believe that I am in a
position to make these fact- and opinion-intensive decisions on the twenty-
five works that passed the majority’s judicial observation. […] nor am I
trained to make art opinions ab initio.’ Ibid., p. 5\.

‘Furthermore, Judge Wallace questions the majority’s insistence on analyzing
only the visual similarities and differences between Cariou’s and Prince’s art
works, “Unlike the majority, I would allow the district court to consider
Prince’s statements reviewing fair use … I see no reason to discount Prince’s
statements as the majority does.” In fact, Judge Wallace remarks that he views
Prince’s statements as “relevant to the transformativeness analysis.” Judge
Wallace does not believe that a simple visual side-by-side analysis is enough
because this would call for judges to “employ [their] own artistic
Judgment[s].”’ Sergio Muñoz Sarmiento and Lauren van Haaften-Schick, citing
court documents. ‘Cariou v. Prince: Toward a Theory of Aesthetic-Judicial
Judgements’, Texas A&M Law Review, vol. 1, 2013–2014, p. 948.

[41](ch11.xhtml#footnote-485-backlink) Court opinion, p. 18.

[42](ch11.xhtml#footnote-484-backlink) Ibid., p. 17.

[43](ch11.xhtml#footnote-483-backlink) Ibid., pp. 4–5.

[44](ch11.xhtml#footnote-482-backlink) Ibid., p. 18.

[45](ch11.xhtml#footnote-481-backlink) Muñoz Sarmiento and van Haaften-Schick,
‘Aesthetic-Judicial Judgements’, p. 945.

[46](ch11.xhtml#footnote-480-backlink) Court opinion, p. 15.

[47](ch11.xhtml#footnote-479-backlink) The court opinion states: ‘He is a
leading exponent of this genre and his work has been displayed in museums
around the world, including New York’s Solomon R. Guggenheim Museum and
Whitney Museum, San Francisco’s Museum of Modern Art, Rotterdam’s Museum
Boijmans van Beuningen, and Basel’s Museum für Gegenwartskunst.’ Ibid., p. 5.

[48](ch11.xhtml#footnote-478-backlink) Muñoz Sarmiento and van Haaften-Schick,
‘Aesthetic-Judicial Judgements’, p. 945.

[49](ch11.xhtml#footnote-477-backlink) The New York Times reports Prince had
not to destroy the five paintings at issue. Randy Kennedy, ‘Richard Prince
Settles Copyright Suit With Patrick Cariou Over Photographs’, New York Times,
18 March 2014, [https://artsbeat.blogs.nytimes.com/2014/03/18/richard-prince-
settles-copyright-suit-with-patrick-cariou-over-
photographs/?_php=true&_type=blogs&_r=0](https://artsbeat.blogs.nytimes.com/2014/03/18
/richard-prince-settles-copyright-suit-with-patrick-cariou-over-
photographs/?_php=true&_type=blogs&_r=0)

[50](ch11.xhtml#footnote-476-backlink) Court opinion, p. 13.

[51](ch11.xhtml#footnote-475-backlink) Sollfrank, ‘Copyright Cowboys’.

[52](ch11.xhtml#footnote-474-backlink) In 2016 photographer Donald Graham
filed a lawsuit against Prince with regard to Prince’s use of Graham’s
Instagram pictures. Again, the image shows a photographic representation of
Rastafarians. And similar to the Cariou case Prince appropriates Graham’s and
Cariou’s cultural appropriation of Rastafarian culture.

[53](ch11.xhtml#footnote-473-backlink) Cait Munro quotes Cady Noland from
Sarah Thornton’s book 33 Artists in 3 Acts. Noland gave Thornton her first
interview for twenty-four years: ‘Noland, an extremely talented artist, has
become so obsessed with her old work that she’s been unable to create anything
new in years. She admits to Thornton that ‘I’d like to get into a studio and
start making work,’ but that tracking the old work has become a ‘full-time
thing’. Cait Munro, ‘Is Cady Noland More Difficult To Work With Than Richard
Prince?’, artNet news, 10 November 2014, /is-cady-noland-as-psychotic-as-richard-prince-162310>;

[54](ch11.xhtml#footnote-472-backlink) Martha Buskirk, ‘Marc Jancou, Cady
Noland, and the Case of the Authorless Artwork’, Hyperallergic, 9 December
2013, an-authorless-artwork/>

[55](ch11.xhtml#footnote-471-backlink) Marc Jancou Fine Art Ltd. v Sotheby’s,
Inc., New York State Unified Court System, 2012 NY Slip Op 33163(U), 13
November 2012, op-33163-u.pdf?ts=1396133024>

[56](ch11.xhtml#footnote-470-backlink) ‘The author of a work of visual art —
(1) shall have the right — (A) to claim authorship of that work, and (B) to
prevent the use of his or her name as the author of any work of visual art
which he or she did not create; (2) shall have the right to prevent the use of
his or her name as the author of the work of visual art in the event of a
distortion, mutilation, or other modification of the work which would be
prejudicial to his or her honor or reputation; and (3) subject to the
limitations set forth in section 113(d), shall have the right — (A) to prevent
any intentional distortion, mutilation, or other modification of that work
which would be prejudicial to his or her honor or reputation, and any
intentional distortion, mutilation, or modification of that work is a
violation of that right, and (B) to prevent any destruction of a work of
recognized stature, and any intentional or grossly negligent destruction of
that work is a violation of that right’, from US Code, Title 17, § 106A, Legal
Information Institute, Cornell Law School,


[57](ch11.xhtml#footnote-469-backlink) Buskirk, ‘Marc Jancou, Cady Noland’.

[58](ch11.xhtml#footnote-468-backlink) Ibid.

[59](ch11.xhtml#footnote-467-backlink) Jancou’s claim was dismissed by the New
York Supreme Court in the same year. The Court’s decision was based on the
language of Jancou’s consignment agreement with Sotheby’s, which gave
Sotheby’s the right to withdraw Cowboys Milking ‘at any time before the sale’
if, in Sotheby’s judgment, ‘there is doubt as to its authenticity or
attribution.’ Tracy Zwick, ‘Art in America’, 29 August 2013,
dispute-with-jancou-gallery-over-cady-noland-artwork/>

[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,
documents-1998>

[65](ch11.xhtml#footnote-461-backlink) UK Government, Department for Media,
Culture & Sport, Creative Industries Economic Estimates January 2015,
estimates-january-2015/creative-industries-economic-estimates-january-2015
-key-findings>

[66](ch11.xhtml#footnote-460-backlink) See critical discussion of the creative
industries paradigm and the effects of related systems of governance on the
precarisation of the individual: Lovink and Rossiter, My Creativity, and
Isabell Lorey, State of Insecurity: Government of the Precarious (London:
Verso, 2015).

[67](ch11.xhtml#footnote-459-backlink) University of the Arts London,
‘Intellectual Property Know-How for the Creative Sector’. This site was
initially accessed on 30 March 2015. In 2018 it was taken down and integrated
into the UAL Intellectual Property Advice pages. Their downloadable PDFs still
show the ‘Own-it’ logo, /freelance-and-business-advice/intellectual-property-advice>

[68](ch11.xhtml#footnote-458-backlink) Patricia Aufderheide, Peter Jaszi,
Bryan Bello, and Tijana Milosevic, Copyright, Permissions, and Fair Use Among
Visual Artists and the Academic and Museum Visual Arts Communities: An Issues
Report (New York: College Art Association, 2014).

[69](ch11.xhtml#footnote-457-backlink) Ibid., p. 5.

[70](ch11.xhtml#footnote-456-backlink) Sixty-six percent of all those who
reported that they had abandoned or avoided a project because of an actual or
perceived inability to obtain permissions said they would be ‘very likely’ to
use copyrighted works of others more than they have in the past were
permissions not needed. Ibid., p. 50.

[71](ch11.xhtml#footnote-455-backlink) The Copyright, Permissions, and Fair
Use Report gives some intriguing further observations: ‘Permissions roadblocks
result in deformed or even abandoned work. Exhibition catalogues may be issued
without relevant images because rights cannot be cleared. Editors of art
scholarship reported journal articles going to print with blank spots where
reproductions should be, because artists’ representatives disagreed with the
substance of the article; and one book was published with last-minute
revisions and deletions of all images because of a dispute with an estate —
with disastrous results for sales. Journal editors have had to substitute
articles or go without an article altogether because an author could not
arrange permissions in time for publication. In one case, after an author’s
manuscript was completed, an estate changed position, compelling the author
both to rewrite and to draw substitute illustrations. Among other things, the
cost of permissions leads to less work that features historical overviews and
comparisons, and more monographs and case studies. Scholarship itself is
distorted and even censored by the operation of the permissions culture. […]
In some cases, the demands of rights holders have extended to altering or
censoring the scholarly argument about a work. Catalogue copy sometimes is
altered because scholarly arguments and perspectives are unacceptable to
rights holders.’ These actions are in some cases explicitly seen as
censorship. Ibid., p. 52.

[72](ch11.xhtml#footnote-454-backlink) Ibid., p. 51.

[73](ch11.xhtml#footnote-453-backlink) Ben Mauk, ‘Who Owns This Image?’, The
New Yorker, 12 February 2014, owns-this-image>

[74](ch11.xhtml#footnote-452-backlink) Jennifer Nedelsky, ’Reconceiving Rights
as Relationship’, in Review of Constitutional Studies / Revue d’études
constitutionnelles 1.1 (1993), 1–26 (p. 16),


[75](ch11.xhtml#footnote-451-backlink) Deborah J. Halbert, Resisting
Intellectual Property (London: Routledge, 2005), pp. 1–2.

[76](ch11.xhtml#footnote-450-backlink) See for example Amedeo Policante
examining the relationship between empire and pirate, claiming that the pirate
can exist only in a relationship with imperial foundations. ‘Upon the naming
of the pirate, in fighting it and finally in celebrating its triumph over it,
Empire erects itself. There is no Empire without a pirate, a terrorizing
common enemy, an enemy of all. At the same time, there is no pirate without
Empire. In fact, pirates as outlaws cannot be understood in any other way but
as legal creatures. In other words, they exist only in a certain extreme,
liminal relationship with the law.’ Amedeo Policante, The Pirate Myth,
Genealogies of an Imperial Concept (Oxford and New York: Routledge, 2015), p.
viii.

[77](ch11.xhtml#footnote-449-backlink) Ramon Lobato, ‘The Paradoxes of
Piracy’, in Lars Eckstein and Anja Schwarz (eds.), Postcolonial Piracy: Media
Distribution and Cultural Production in the Global South (London and New York:
Bloomsbury, 2014), pp. 121–34 (pp. 121, 123).

[78](ch11.xhtml#footnote-448-backlink) Daniel Heller-Roazen, The Enemy of All:
Piracy and the Law of Nations (New York: Zone Books, 2009), p. 35, as cited by
Gary Hall, Pirate Philosophy, p. 16.

[79](ch11.xhtml#footnote-447-backlink) ‘Etymology of Pirate’, in English Words
of (Unexpected) Greek Origin, 2 March 2012,


[80](ch11.xhtml#footnote-446-backlink) The Piracy Project is a collaboration
between AND Publishing and Andrea Francke initiated in London in 2010.

[81](ch11.xhtml#footnote-445-backlink) Andrea Francke visited pirate book
markets in Lima, Peru in 2010. The Red Mansion Prize residency enabled us to
research book piracy in Beijing and Shanghai in 2012. A research residency at
SALT Istanbul in 2012 facilitated field research in Turkey.

[82](ch11.xhtml#footnote-444-backlink) See also Stephen Wright’s Towards a
Lexicon of Usership (Eindhoven: Van Abbemuseum, 2013) proposing to replace the
term (media) ‘piracy’ with ‘usership’. He explains: ‘On the one hand, the most
notorious and ruthless cultural pirates today are Google and its subsidiaries
like YouTube (through the institutionalized rip-off of user-generated value
broadly known as Page-Rank), Facebook, and of course Warner Bros etc., but
also academic publishers such as the redoubtable Routledge. On the other hand,
all the user-run and user-driven initiatives like aaaaarg, or
[pad.ma](http://pad.ma), or until recently the wonderful Dr Auratheft. But,
personally, I would hesitate to assimilate such scaled-up, de-creative, user-
propelled examples with anything like “cultural piracy”. They are, through
usership, enriching what would otherwise fall prey to cultural piracy.’ Email
to the author, 1 August 2012.

See also: 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,
2014).

[83](ch11.xhtml#footnote-443-backlink) Richard Prince’s ‘Catcher in the Rye’
forms part of the Piracy Collection. Not the book copy priced at £1,500, just
an A4 colour printout of the cover, downloaded from the Internet. On the shelf
it sits next to Salinger’s copy, which we bought at Barnes and Noble for £20.

[84](ch11.xhtml#footnote-442-backlink) Craig, ‘Symposium: Reconstructing the
Author-Self’, p. 246.

[85](ch11.xhtml#footnote-441-backlink) Michel Foucault, ‘What Is an Author?’,
in [Donald F.
Bouchard](https://www.amazon.co.uk/s/ref=dp_byline_sr_book_2?ie=UTF8&text=Donald+F.+Bouchard
&search-alias=books-uk&field-author=Donald+F.+Bouchard&sort=relevancerank)
(ed.), Language, Counter-Memory, Practice: Selected Essays and Interviews
(Ithaca, NY: Cornell University Press, 1977), pp. 113–38.

[86](ch11.xhtml#footnote-440-backlink) See The Piracy Project, ‘The
Impermanent Book’, Rhizome, 19 April 2012,


[87](ch11.xhtml#footnote-439-backlink) It might be no coincidence that Roland
Barthes’ seminal short essay ‘Death of the Author’ was published in the
magazine Aspen at the same time, when photocopy machines were beginning to be
widely used in libraries and offices.

[88](ch11.xhtml#footnote-438-backlink) Eva Hemmungs Wirtén, No Trespassing,
Authorship, Intellectual Property Rights and the Boundaries of Globalization
(Toronto: University of Toronto Press, 2004), p. 66.

[89](ch11.xhtml#footnote-437-backlink) See No se diga a nadie, The Piracy
Project Catalogue,


[90](ch11.xhtml#footnote-436-backlink) In an essay in Granta Magazine, Daniel
Alarcon explains the popularity of book piracy in Peru due to the lack of
formal distribution. ‘Outside Lima, the pirate book industry is the only one
that matters’ explains Alarcon. Iquitos, the largest city in the Peruvian
Amazon, with nearly 400,000 residents, had until 2007 no formal bookstore and
in 2010 only two. Trujillo, the country’s third largest city, has one.
According to Alarcon, an officially produced book costs twenty percent of an
average worker’s weekly income, therefore the pirate printing industry fills
this gap — an activity that is not seriously restricted by the state. In fact,
Alarcon claims that the government is involved in the pirate printing industry
as a way to control what is being read. Pirated books are openly sold in book
markets and by street vendors at traffic crossings, therefore they ‘reach
sectors of the market that formal book publishers cannot or don’t care to
access. In a similar vein, the few prestigious private universities’ book
check-out time is exactly twenty-four hours, the very turnaround for the copy
shops in the neighbourhood to make a photocopied version of the checked-out
library books. Daniel Alarcon, ‘Life Amongst the Pirates’, Granta Magazine, 14
January 2010,

[91](ch11.xhtml#footnote-435-backlink) A discussion of the vast variety of
approaches 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,
. This
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.
breaking the rules) and more as a proactive one (setting the rules). […]
Rather than complain about the conservatism of established forms of
distribution they simply create new, alternative ones.’ Jonas Andersson, ‘For
the Good of the Net: The Pirate Bay as a Strategic Sovereign’, Culture Machine
10 (2009), p. 64.

[95](ch11.xhtml#footnote-431-backlink) This process was somewhat fraught,
because at the same time David Cameron launched his perfidious ‘Big Society’
concept, which proposed that members of the community should volunteer at
institutions, such as local public libraries, which otherwise could not
survive because of government cuts.

[96](ch11.xhtml#footnote-430-backlink) See the Piracy Project catalogue: Neil
Chapman, Deleuze, Proust and Signs,


[97](ch11.xhtml#footnote-429-backlink) Of course unconventional publications
can and are being collected, but these are often more arty objects, flimsy or
oversized, undersized etc. and frequently end up in the special collections,
framed and categorised ‘as different’ from the main stack of the collections.

[98](ch11.xhtml#footnote-428-backlink) When The Piracy Project was invited to
create a reading room at the New York Art Book Fair in 2012, a librarian from
the Pratt Institute dropped by every single day, because she was so fixed on
the questions, the pirate books and their complex strategies of queering the
category of authorship posed to standardised bibliographic practices. Based on
this question we organised a cataloguing workshop ‘Putting the Piracy
Collection on the shelf’ at Grand Union in Birmingham, where we developed a
new cataloguing vocabulary for cases in the collection. See union.org.uk/gallery/putting-the-piracy-collection-on-the-shelves/>

See also Karen Di Franco’s reflection on the cataloguing workshop ‘The Library
Medium’ in Francke and Weinmayr, Borrowing, Poaching, Plagiarising.

[99](ch11.xhtml#footnote-427-backlink) See Piracy Project catalogue: Camille
Bondon, Jacques Rancière: le mâitre ignorant,
.
Rancière’s pedagogical proposal suggests that ‘the most important quality of a
schoolmaster is the virtue of ignorance’. (Rancière, 2010, p. 1). In his book
The Ignorant Schoolmaster: Five Lessons in Intellectual Emancipation Jacques
Rancière uses the historic case of the French teacher Joseph Jacotot, who was
exiled in Belgium and taught French classes to Flemish students whose language
he did not know and vice versa. Reportedly he gave his students a French text
to read alongside its translation and, without mediation or explanation, let
the students figure out the relationship between the two texts themselves. By
intentionally using his ignorance as teaching method, Rancière claims, Jacotot
removed himself as the centre of the classroom, as the one who knows. This
teaching method arguably destabilises the hierarchical relationship of
knowledge (between student and teacher) and therefore ‘establishes equality as
the centre of the educational process’. Annette Krauss, ‘Sites for Unlearning:
On the Material, Artistic and Political Dimensions of Processes of
Unlearning’, PhD, Academy of Fine Arts Vienna, 2017, p. 113\. Jacques
Rancière, Education, Truth and Emancipation (London: Continuum, 2010). Jacques
Rancière, The Ignorant Schoolmaster: Five Lessons in Intellectual Emancipation
(Stanford: University Press California, 1987).

[100](ch11.xhtml#footnote-426-backlink) ‘AND Publishing announces The Piracy
Lectures’, Art Agenda, 4 May 2011, publishing-announces-the-piracy-lectures/>

[101](ch11.xhtml#footnote-425-backlink) Judith Butler, ‘What is Critique? An
Essay on Foucault’s Virtue’, Transversal 5 (2001),


[102](ch11.xhtml#footnote-424-backlink) Institutions that hosted long and
short-term reading rooms or invited us for workshops included: The Showroom
London, Grand Union Birmingham, Salt Istanbul, ZKM Academy for Media Arts
Cologne, Kunstverein Munich. The Bluecoat Liverpool, Truth is Concrete,
Steirischer Herbst Graz, Printed Matter New York, New York Art Book Fair at
MoMA PS1, 281 Vancouver, Rum 46 Aarhus, Miss Read, Kunstwerke Berlin.
Institutions that invited us for talks or panel discussions included:
Whitechapel Art Gallery, Open Design Conference Barcelona, Institutions by
Artists Vancouver, Academy of Fine Arts Leipzig, Freie University Berlin, and
various art academies and universities across Europe.

[103](ch11.xhtml#footnote-423-backlink) At times, we signed ‘the Piracy
Project’ (the title) under our own names (the artist-authors), because it felt
suitable to take the credit for all our personal work, instead of
strengthening the ‘umbrella organisation’ AND. When the editor of Rhizome
asked us to write about the project, we authored the jointly written text as
‘by Piracy Project’. On other occasions we framed it ‘The Piracy Project is a
collaboration of the artists x and y, as part of AND Publishing’s research
program.’ At some point, the Piracy Project outgrew AND Publishing because it
took up all our time, and we began to question whether the Piracy Project was
part of AND, or whether AND was part of the Piracy Project.

[104](ch11.xhtml#footnote-422-backlink) This less glamourous work includes
answering emails, booking flights, organising rooms and hosting, in short the
administrative work required to run and maintain such a project. The feminist
discourse of domestic and reproductive labour is relevant here, but a more
detailed discussion exceeds the scope of this text.

[105](ch11.xhtml#footnote-421-backlink) Walter Benjamin, ‘The Author as
Producer’, New Left Review 1.62 (1970), 83–96. See also Hall, Pirate
Philosophy, pp. 127–232.

[106](ch11.xhtml#footnote-420-backlink) Ibid., p. 129.

[107](ch11.xhtml#footnote-419-backlink) Several gatherings, such as ‘Direct
Weekend’ and ‘Long Weekend’ at various art colleges in London involved
Precarious Workers Brigade, Carrot Workers, tax evasion campaigners, UK Uncut,
alternative media groups, feminist alliances, anti-poverty groups. See
Precarious Workers Brigade, ‘Fragments Toward an Understanding of a Week that
Changed Everything…’, e-flux 24 (April 2011),
-week-that-changed-everything/>

[108](ch11.xhtml#footnote-418-backlink) Susan Kelly describes Felix Guattari’s
use of the term transversality ‘as a conceptual tool to open hitherto closed
logics and hierarchies and to experiment with relations of interdependency in
order to produce new assemblages and alliances […] and different forms of
(collective) subjectivity that break down oppositions between the individual
and the group.’ Susan Kelly, ‘The Transversal and the Invisible: How do You
Really Make a Work of Art that Is not a Work of Art?’, Transversal 1 (2005),
. See also Gerald Raunig’s
description of transversal activist practice: as ‘There is no longer any
artificially produced subject of articulation; it becomes clear that every
name, every linkage, every label has always already been collective and must
be newly constructed over and over again. In particular, to the same extent to
which transversal collectives are only to be understood as polyvocal groups,
transversality is linked with a critique of representation, with a refusal to
speak for others, in the name of others, with abandoning identity, with a loss
of a unified face, with the subversion of the social pressure to produce
faces.’ Gerald Raunig, ‘Transversal Multitudes’, Transversal 9 (2002),


[109](ch11.xhtml#footnote-417-backlink) Kelly, ‘”But that was my idea!”’, p.
3.

[110](ch11.xhtml#footnote-416-backlink) The carrot is used as ‘a symbol of the
promise of paid work and future fulfilment made to those working under
conditions of free labour in the cultural sector.’ Ibid.

[111](ch11.xhtml#footnote-415-backlink) In an interview published in Artforum,
David Graeber says: ‘Another artist I know, for example, made a sculpture of a
giant carrot used during a protest at Millbank; I think it was actually thrown
through the window of Tory headquarters and set on fire. She feels it was her
best work, but her collective, which is mostly women, insisted on collective
authorship, and she feels unable to attach her name to the work.’ ‘Another
World: Michelle Kuo Talks with David Graeber’, Artforum International (Summer
2012), p. 270, david-graeber-31099>

[112](ch11.xhtml#footnote-414-backlink) Artist Rosalie Schweiker, who read a
draft of this text, suggested that I make a list of the name of every person
involved in the project in order to demonstrate this generative and expansive
mode of working.

[113](ch11.xhtml#footnote-413-backlink) Such an action might even infringe
legal requirements or contracts. Open Book Publishers’ contract, for example,
states: ‘The author hereby asserts his/her right to be identified in relation
to the work on the title page and cover and the publisher undertakes to comply
with this requirement. A copyright notice in the Author’s name will be printed
in the front pages of the Work.’ Open Book Publishers, Authors’ Guide, p. 19,


[114](ch11.xhtml#footnote-412-backlink) For a discussion of gender inequality
in recent scholarly publishing see Chad Wellmon and Andrew Piper ‘Publication,
Power, Patronage: On Inequality and Academic Publishing’, Critical Inquiry (21
July 2017),
publication_power_and_patronage_on_inequality_and_academic_publishing/

[115](ch11.xhtml#footnote-411-backlink) See Gérard Genette’s discussion of the
‘pseudonym effect’ as conceptual device. He distinguishes between the reader
not knowing about the use of the pseudonym and the conceptual effect of the
reader having information about the use of a pseudonym. Gérard Genette,
Paratexts, Thresholds of Interpretation (Cambridge University Press, 1997).

[116](ch11.xhtml#footnote-410-backlink) The Neoist movement developed in
Canada, North America and Europe in the late 1970s. It selected one signature
name for multiple identities and authors, who published, performed and
exhibited under this joint name. It is different from a collective name, as
any person could sign her or his work with these joint names without revealing
the author’s identity. See letter exchanges between cultural theorist Florian
Cramer and artist and writer Stewart Home: ‘I would like to describe “Monty
Cantsin” as a multiple identity, “Karen Eliot” as a multiple pen-name and,
judging from the information I have, “Luther Blissett” as a collective
phantom.’ Florian Cramer, 2 October 1995, in Stewart Home and Florian Cramer,
House of Nine Squares: Letters on Neoism, Psychogeography & Epistemological
Trepidation, . See also
Nicholas Thoburn’s research into the political agency of anonymous authorship.
Nicholas Thoburn, Anti-Book, On the Art and Politics of Radical Publishing
(Minneapolis and London: University of Minnesota Press, 2016) pp. 168–223.

[117](ch11.xhtml#footnote-409-backlink) Anonymous started on 4chan, an online
imageboard where users post anonymously. ‘The posts on 4chan have no names or
any identifiable markers attached to them. The only thing you are able to
judge a post by is its content and nothing else.’ Gabriella Coleman, Hacker,
Hoaxer, Whistleblower, Spy: The Many Faces of Anonymous (London and New York:
Verso, 2014), p. 47.

[118](ch11.xhtml#footnote-408-backlink) I thank Susan Kelly for making this
point while reviewing my text.

[119](ch11.xhtml#footnote-407-backlink) It is interesting to come back to
Foucault’s text ‘What is an author’ and complicate his own position as
authorial subject. Referring to Naomi Schor and Gayatri Spivak, Sara Ahmed
suggests, that ‘Foucault effaces the sexual specificity of his own narrative
and perspective as a male philosopher. The refusal to enter the discourse as
an empirical subject, a subject which is both sexed and European, may finally
translate into a universalising mode of discourse, which negates the
specificity of its own inscription (as a text)’. See Naomi Schor, ‘Dreaming
Dissymmetry: Barthes, Foucault and Sexual Difference’, in Elizabeth Weed
(ed.), Coming to Terms: Feminism, Theory, Politics (London: Routledge, 1989),
pp. 47–58; and Gayatry Chakravorty Spivak, ‘Can the Subaltern Speak?’, in Cary
Nelson and Lawrence Grossberg (eds.), Marxism and the Interpretation of
Culture (Urbana, IL: University of Illinois Press, 1988), pp. 271–313.

[120](ch11.xhtml#footnote-406-backlink) Sara Ahmed, Differences That Matter,
Feminist Theory and Postmodernism (Cambridge, UK: Cambridge University Press,
2004) p. 125.

[121](ch11.xhtml#footnote-405-backlink) Spivak, ‘Can the Subaltern Speak?’,
pp. 271–313.


 

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