The Surplus of Copying
How Shadow Libraries and Pirate Archives Contribute to the
Creation of Cultural Memory and the Commons
By Cornelia Sollfrank
Digital artworks tend to have a problematic relationship with the white
cube—in particular, when they are intended and optimized for online
distribution. While curators and exhibition-makers usually try to avoid
showing such works altogether, or at least aim at enhancing their sculptural
qualities to make them more presentable, the exhibition _Top Tens_ featured an
abundance of web quality digital artworks, thus placing emphasis on the very
media condition of such digital artifacts. The exhibition took place at the
Onassis Cultural Center in Athens in March 2018 and was part of the larger
festival _Shadow Libraries: UbuWeb in Athens_ ,1 an event to introduce the
online archive UbuWeb2 to the Greek audience and discuss related cultural,
ethical, technical, and legal issues. This text takes the event—and the
exhibition in particular—as a starting point for a closer look at UbuWeb and
the role an artistic approach can play in building cultural memory within the
neoliberal knowledge economy.
_UbuWeb—The Cultural Memory of the Avant-Garde_
Since Kenneth Goldsmith started Ubu in 1997 the site has become a major point
of reference for anyone interested in exploring twentieth-century avant-garde
art. The online archive provides free and unrestricted access to a remarkable
collection of thousands of artworks—among them almost 700 films and videos,
over 1000 sound art pieces, dozens of filmed dance productions, an
overwhelming amount of visual poetry and conceptual writing, critical
documents, but also musical scores, patents, electronic music resources, plus
an edition of vital new literature, the /ubu editions. Ubu contextualizes the
archived objects within curated sections and also provides framing academic
essays. Although it is a project run by Goldsmith without a budget, it has
built a reputation for making all the things available one would not find
elsewhere. The focus on “avant-garde” may seem a bit pretentious at first, but
when you look closer at the project, its operator and the philosophy behind
it, it becomes obvious how much sense this designation makes. Understanding
the history of the twentieth-century avant-garde as “a history of subversive
takes on creativity, originality, and authorship,”3 such spirit is not only
reflected in terms of the archive’s contents but also in terms of the project
as a whole. Theoretical statements by Goldsmith in which he questions concepts
such as authorship, originality, and creativity support this thesis4—and with
that a conflictual relationship with the notion of intellectual property is
preprogrammed. Therefore it comes as no surprise that the increasing
popularity of the project goes hand-in-hand with a growing discussion about
its ethical justification.
At the heart of Ubu, there is the copy! Every item in the archive is a digital
copy, either of another digital item or, in fact, it is the digitized version
of an analog object.5 That is to say, the creation of a digital collection is
inevitably based on copying the desired archive records and storing them on
dedicated media. However, making a copy is in itself a copyright-relevant act,
if the respective item is an original creation and as such protected under
copyright law.6 Hence, “any reproduction of a copyrighted work infringes the
copyright of the author or the corresponding rights of use of the copyright
holder”.7 Whether the existence of an artwork within the Ubu collection is a
case of copyright infringement varies with each individual case and depends on
the legal status of the respective work, but also on the way the rights
holders decide to act. As with all civil law, there is no judge without a
plaintiff, which means even if there is no express consent by the rights
holders, the work can remain in the archive as long as there is no request for
removal.8 Its status, however, is precarious. We find ourselves in the
notorious gray zone of copyright law where nothing is clear and many things
are possible—until somebody decides to challenge this status. Exploring the
borders of this experimental playground involves risk-taking, but, at the same
time, it is the only way to preserve existing freedoms and make a case for
changing cultural needs, which have not been considered in current legal
settings. And as the 20 years of Ubu’s existence demonstrate, the practice may
be experimental and precarious, but with growing cultural relevance and
reputation it is also gaining in stability.
_Fair Use and Public Interest_
At all public appearances and public presentations Goldsmith and his
supporters emphasize the educational character of the project and its non-
commercial orientation.9 Such a characterization is clearly intended to take
the wind out of the sails of its critics from the start and to shift the
attention away from the notion of piracy and toward questions of public
interest and the common good.
From a cultural point of view, the project unquestionably is of inestimable
value; a legal defense, however, would be a difficult undertaking. Copyright
law, in fact, has a built-in opening, the so-called copyright exceptions or
fair use regulations. They vary according to national law and cultural
traditions and allow for the use of copyrighted works under certain, defined
provisions without permission of the owner. The exceptions basically apply to
the areas of research and private study (both non-commercial), education,
review, and criticism and are described through general guidelines. “These
defences exist in order to restore the balance between the rights of the owner
of copyright and the rights of society at large.”10
A very powerful provision in most legislations is the permission to make
“private copies”, digital and analog ones, in small numbers, but they are
limited to non-commercial and non-public use, and passing on to a third party
is also excluded.11 As Ubu is an online archive that makes all of its records
publicly accessible and, not least, also provides templates for further
copying, it exceeds the notion of a “private copy” by far. Regarding further
fair use provisions, the four factors that are considered in a decision-making
process in US copyright provisions, for instance, refer to: 1) the purpose and
character of the use, including whether such use is of a commercial nature or
is for non-profit 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 the value of the copyrighted work (US Copyright Act, 1976, 17 USC.
§107, online, n.pag.). Applying these fair use provisions to Ubu, one might
consider that the main purposes of the archive relate to education and
research, that it is by its very nature non-commercial, and it largely does
not collide with any third party business interests as most of the material is
not commercially available. However, proving this in detail would be quite an
endeavor. And what complicates matters even more is that the archival material
largely consists of original works of art, which are subject to strict
copyright law protection, that all the works have been copied without any
transformative or commenting intention, and last but not least, that the
aspect of the appropriateness of the amount of used material becomes absurd
with reference to an archive whose quality largely depends on
comprehensiveness: the more the merrier. As Simon Stokes points out, legally
binding decisions can only be made on a case-by-case basis, which is why it is
difficult to make a general evaluation of Ubu’s legal situation.12 The ethical
defense tends to induce the cultural value of the archive as a whole and its
invaluable contribution to cultural memory, while the legal situation does not
consider the value of the project as a whole and necessitates breaking it down
into all the individual items within the collection.
This very brief, when not abridged discussion of the possibilities of fair use
already demonstrates how complex it would be to apply them to Ubu. How
pointless it would be to attempt a serious legal discussion for such a
privately run archive becomes even clearer when looking at the problems public
libraries and archives have to face. While in theory such official
institutions may even have a public mission to collect, preserve, and archive
digital material, in practice, copyright law largely prevents the execution of
this task, as Steinhauer explains.13 The legal expert introduces the example
of the German National Library, which was assigned the task since 2006 to make
back-up copies of all websites published within the .de sublevel domain, but
it turned out to be illegal.14 Identifying a deficiently legal situation when
it comes to collecting, archiving, and providing access to digital cultural
goods, Steinhauer even speaks of a “legal obligation to amnesia”.15 And it is
particularly striking that, from a legal perspective, the collecting of
digitalia is more strictly regulated than the collecting of books, for
example, where the property status of the material object comes into play.
Given the imbalance between cultural requirements, copyright law, and the
technical possibilities, it is not surprising that private initiatives are
being founded with the aim to collect and preserve cultural memory. These
initiatives make use of the affordability and availability of digital
technology and its infrastructures, and they take responsibility for the
preservation of cultural goods by simply ignoring copyright induced
restrictions, i.e. opposing the insatiable hunger of the IP regime for
control.
_Shadow Libraries_
Ubu was presented and discussed in Athens at an event titled _Shadow
Libraries: UbuWeb in Athens_ , thereby making clear reference to the ecosystem
of shadow libraries. A library, in general, is an institution that collects,
orders, and makes published information available while taking into account
archival, economic, and synoptic aspects. A shadow library does exactly the
same thing, but its mission is not an official one. Usually, the
infrastructure of shadow libraries is conceived, built, and run by a private
initiative, an individual, or a small group of people, who often prefer to
remain anonymous for obvious reasons. In terms of the media content provided,
most shadow libraries are peer-produced in the sense that they are based on
the contributions of a community of supporters, sometimes referred to as
“amateur librarians”. The two key attributes of any proper library, according
to Amsterdam-based media scholar Bodo Balazs, are the catalog and the
community: “The catalogue does not just organize the knowledge stored in the
collection; it is not just a tool of searching and browsing. It is a critical
component in the organisation of the community of librarians who preserve and
nourish the collection.”16 What is specific about shadow libraries, however,
is the fact that they make available anything their contributors consider to
be relevant—regardless of its legal status. That is to say, shadow libraries
also provide unauthorized access to copyrighted publications, and they make
the material available for download without charge and without any other
restrictions. And because there is a whole network of shadow libraries whose
mission is “to remove all barriers in the way of science,”17 experts speak of
an ecosystem fostering free and universal access to knowledge.
The notion of the shadow library enjoyed popularity in the early 2000s when
the wide availability of digital networked media contributed to the emergence
of large-scale repositories of scientific materials, the most famous one
having been Gigapedia, which later transformed into library.nu. This project
was famous for hosting approximately 400,000 (scientific) books and journal
articles but had to be shut down in 2012 as a consequence of a series of
injunctions from powerful publishing houses. The now leading shadow library in
the field, Library Genesis (LibGen), can be considered as its even more
influential successor. As of November 2016 the database contained 25 million
documents (42 terabytes), of which 2.1 million were books, with digital copies
of scientific articles published in 27,134 journals by 1342 publishers.18 The
large majority of the digital material is of scientific and educational nature
(95%), while only 5% serves recreational purposes.19 The repository is based
on various ways of crowd-sourcing, i.e. social and technical forms of
accessing and sharing academic publications. Despite a number of legal cases
and court orders, the site is still available under various and changing
domain names.20
The related project Sci-Hub is an online service that processes requests for
pay-walled articles by providing systematic, automized, but unauthorized
backdoor access to proprietary scholarly journal databases. Users requesting
papers not present in LibGen are advised to download them through Sci-Hub; the
respective PDF files are served to users and automatically added to LibGen (if
not already present). According to _Nature_ magazine, Sci-Hub hosts around 60
million academic papers and was able to serve 75 million downloads in 2016. On
a daily basis 70,000 users access approximately 200,000 articles.
The founder of the meta library Sci-Hub is Kazakh programmer Alexandra
Elbakyan, who has been sued by large publishing houses and was convicted twice
to pay almost 20 million US$ in compensation for the losses her activities
allegedly have caused, which is why she had to go underground in Russia. For
illegally leaking millions of documents the _New York Times_ compared her to
Edward Snowden in 2016: “While she didn’t reveal state secrets, she took a
stand for the public’s right to know by providing free online access to just
about every scientific paper ever published, ranging from acoustics to
zymology.” 21 In the same year the prestigious _Nature_ magazine elected her
as one of the ten most influential people in science. 22 Unlike other
persecuted people, she went on the offensive and started to explain her
actions and motives in court documents and blog posts. Sci-Hub encourages new
ways of distributing knowledge, beyond any commercial interests. It provides a
radically open infrastructure thus creating an inviting atmosphere. “It is a
knowledge infrastructure that can be freely accessed, used and built upon by
anyone.”23
As both projects LibGen and Sci-Hub are based in post-Soviet countries, Balazs
reconstructed the history and spirit of Russian reading culture and brings
them into connection.24 Interestingly, the author also establishes a
connection to the Kolhoz (Russian: колхо́з), an early Soviet collective farm
model that was self-governing, community-owned, and a collaborative
enterprise, which he considers to be a major inspiration for the digital
librarians. He also identifies parallels between this Kolhoz model and the
notion of the “commons”—a concept that will be discussed in more detail with
regards to shadow libraries further below.
According to Balazs, these sorts of libraries and collections are part of the
Guerilla Open Access movement (GOA) and thus practical manifestations of Aaron
Swartz’s “Guerilla Open Access Manifesto”.25 In this manifesto the American
hacker and activist pointed out the flaws of open access politics and aimed at
recruiting supporters for the idea of “radical” open access. Radical in this
context means to completely ignore copyright and simply make as much
information available as possible. “Information is power” is how the manifesto
begins. Basically, it addresses the—what he calls—“privileged”, in the sense
that they do have access to information as academic staff or librarians, and
he calls on their support for building a system of freely available
information by using their privilege, downloading and making information
available. Swartz and Elbakyan both have become the “iconic leaders”26 of a
global movement that fights for scientific knowledge to be(come) freely
accessible and whose protagonists usually prefer to operate unrecognized.
While their particular projects may be of a more or less temporary nature, the
discursive value of the work of the “amateur librarians” and their projects
will have a lasting impact on the development of access politics.
_Cultural and Knowledge Commons_
The above discussion illustrates that the phenomenon of shadow libraries
cannot be reduced to its copyright infringing aspects. It needs to be
contextualized within a larger sociopolitical debate that situates the demand
for free and unrestricted access to knowledge within the struggle against the
all-co-opting logic of capital, which currently aims to economize all aspects
of life.
In his analysis of the Russian shadow libraries Balazs has drawn a parallel to
the commons as an alternative mode of ownership and a collective way of
dealing with resources. The growing interest in the discourses around the
commons demonstrates the urgency and timeliness of this concept. The
structural definition of the commons conceived by political economist Massimo
de Angelis allows for its application in diverse fields: “Commons are social
systems in which resources are pooled by a community of people who also govern
these resources to guarantee the latter’s sustainability (if they are natural
resources) and the reproduction of the community. These people engage in
‘commoning,’ that is a form of social labour that bears a direct relation to
the needs of the people, or the commoners”.27 While the model originates in
historical ways of sharing natural resources, it has gained new momentum in
relation to very different resources, thus constituting a third paradigm of
production—beyond state and private—however, with all commoning activities
today still being embedded in the surrounding economic system.
As a reason for the newly aroused interest in the commons, de Angelis provides
the crisis of global capital, which has maneuvered itself into a systemic
impasse. While constantly expanding through its inherent logic of growth and
accumulation, it is the very same logic that destroys the two systems capital
relies on: non-market-shaped social reproduction and the ecological system.
Within this scenario de Angelis describes capital as being in need of the
commons as a “fix” for the most urgent systemic failures: “It needs a ‘commons
fix,’ especially in order to deal with the devastation of the social fabric as
a result of the current crisis of reproduction. Since neoliberalism is not
about to give up its management of the world, it will most likely have to ask
the commons to help manage the devastation it creates. And this means: if the
commons are not there, capital will have to promote them somehow.”28
This rather surprising entanglement of capital and the commons, however, is
not the only perspective. Commons, at the same time, have the potential to
create “a social basis for alternative ways of articulating social production,
independent from capital and its prerogatives. Indeed, today it is difficult
to conceive emancipation from capital—and achieving new solutions to the
demands of _buen vivir_ , social and ecological justice—without at the same
time organizing on the terrain of commons, the non-commodified systems of
social production. Commons are not just a ‘third way’ beyond state and market
failures; they are a vehicle for emerging communities of struggle to claim
ownership to their own conditions of life and reproduction.”29 It is their
purpose to satisfy people’s basic needs and empower them by providing access
to alternative means of subsistence. In that sense, commons can be understood
as an _experimental zone_ in which participants can learn to negotiate
responsibilities, social relations, and peer-based means of production.
_Art and Commons_
Projects such as UbuWeb, Monoskop,30 aaaaarg,31 Memory of the World,32 and
0xdb33 vary in size, they have different forms of organization and foci, but
they all care for specific cultural goods and make sure these goods remain
widely accessible—be it digital copies of artworks and original documents,
books and other text formats, videos, film, or sound and music. Unlike the
large shadow libraries introduced above, which aim to provide access to
hundreds of thousands, if not millions of mainly academic papers and books,
thus trying to fully cover the world of scholarly and academic works, the
smaller artist-run projects are of different nature. While UbuWeb’s founder,
for instance, also promotes a generally unrestricted access to cultural goods,
his approach with UbuWeb is to build a curated archive with copies of artworks
that he considers to be relevant for his very context.34 The selection is
based on personal assessment and preference and cared for affectionately.
Despite its comprehensiveness, it still can be considered a “personal website”
on which the artist shares things relevant to him. As such, he is in good
company with similar “artist-run shadow libraries”, which all provide a
technical infrastructure with which they share resources, while the resources
are of specific relevance to their providers.
Just like the large pirate libraries, these artistic archiving and library
practices challenge the notion of culture as private property and remind us
that it is not an unquestionable absolute. As Jonathan Lethem contends,
“[culture] rather is a social negotiation, tenuously forged, endlessly
revised, and imperfect in its every incarnation.”35 Shadow libraries, in
general, are symptomatic of the cultural battles and absurdities around access
and copyright within an economic logic that artificially tries to limit the
abundance of digital culture, in which sharing does not mean dividing but
rather multiplying. They have become a cultural force, one that can be
represented in Foucauldian terms, as symptomatic of broader power struggles as
well as systemic failures inherent in the cultural formation. As Marczewska
puts it, “Goldsmith moves away from thinking about models of cultural
production in proprietary terms and toward paradigms of creativity based on a
culture of collecting, organizing, curating, and sharing content.”36 And by
doing so, he produces major contradictions, or rather he allows the already
existing contradictions to come to light. The artistic archives and libraries
are precarious in terms of their legal status, while it is exactly due to
their disregard of copyright that cultural resources could be built that
exceed the relevance of most official archives that are bound to abide the
law. In fact, there are no comparable official resources, which is why the
function of these projects is at least twofold: education and preservation.37
Maybe UbuWeb and the other, smaller or larger, shadow libraries do not qualify
as commons in the strict sense of involving not only a non-market exchange of
goods but also a community of commoners who negotiate the terms of use among
themselves. This would require collective, formalized, and transparent types
of organization. Furthermore, most of the digital items they circulate are
privately owned and therefore cannot simply be transferred to become commons
resources. These projects, in many respects, are in a preliminary stage by
pointing to the _ideal of culture as a commons_. By providing access to
cultural goods and knowledge that would otherwise not be available at all or
inaccessible for large parts of the general public, they might even fulfill
the function of a “commons fix”, to a certain degree, but at the same time
they are the experimental zone needed to unlearn copyright and relearn new
ways of cultural production and dissemination beyond the property regime. In
any case, they can function as perfect entry points for the discussion and
investigation of the transformative force art can have within the current
global neoliberal knowledge society.
_Top Tens—Showcasing the Copy as an Aesthetic and Political Statement_
The exhibition _Top Tens_ provided an experimental setting to explore the
possibilities of translating the abundance of a digital archive into a “real
space”, by presenting one hundred artworks from the Ubu archive. 38 Although
all works were properly attributed in the exhibition, the artists whose works
were shown neither had a say about their participation in the exhibition nor
about the display formats. Tolerating the presence of a work in the archive is
one thing; tolerating its display in such circumstances is something else,
which might even touch upon moral rights and the integrity of the work.
However, the exhibition was not so much about the individual works on display
but the archiving condition they are subject to. So the discussion here has
nothing to do the abiding art theory question of original and copy.
Marginally, it is about the question of high-quality versus low-quality
copies. In reproducible media the value of an artwork cannot be based on its
originality any longer—the core criterion for sales and market value. This is
why many artists use the trick of high-resolution and limited edition, a kind
of distributed originality status for several authorized objects, which all
are not 100 percent original but still a bit more original than an arbitrary
unlimited edition. Leaving this whole discussion aside was a clear indication
that something else was at stake. The conceptual statement made by the
exhibition and its makers foregrounded the nature of the shadow library, which
visitors were able to experience when entering the gallery space. Instead of
viewing the artworks in the usual way—online—they had the opportunity to
physically immerse themselves in the cultural condition of proliferated acts
of copying, something that “affords their reconceptualization as a hybrid
creative-critical tool and an influential aesthetic category.”39
Appropriation and copying as longstanding methods of subversive artistic
production, where the reuse of existing material serves as a tool for
commentary, social critique, and a means of making a political statement, has
expanded here to the art of exhibition-making. The individual works serve to
illustrate a curatorial concept, thus radically shifting the avant-garde
gesture which copying used to be in the twentieth century, to breathe new life
in the “culture of collecting, organizing, curating, and sharing content.”
Organizing this conceptually concise exhibition was a brave and bold statement
by the art institution: The Onassis Cultural Centre, one of Athens’ most
prestigious cultural institutions, dared to adopt a resolutely political
stance for a—at least in juridical terms—questionable project, as Ubu lives
from the persistent denial of copyright. Neglecting the concerns of the
individual authors and artists for a moment was a necessary precondition in
order to make space for rethinking the future of cultural production.
________________
Special thanks to Eric Steinhauer and all the artists and amateur librarians
who are taking care of our cultural memory.
1 Festival program online: Onassis Cultural Centre, “Shadow Libraries: UbuWeb
in Athens,” (accessed on Sept. 30, 2018).
2 _UbuWeb_ is a massive online archive of avant-garde art created over the
last two decades by New York-based artist and writer Kenneth Goldsmith.
Website of the archive: (accessed on Sept. 30, 2018).
3 Kaja Marczewska, _This Is Not a Copy. Writing at the Iterative Turn_ (New
York: Bloomsbury Academic, 2018), 22.
4 For further reading: Kenneth Goldsmith, _Uncreative Writing: Managing
Language in the Digital Age_ (New York: Columbia University Press, 2011).
5 Many works in the archive stem from the pre-digital era, and there is no
precise knowledge of the sources where Ubu obtains its material, but it is
known that Goldsmith also digitizes a lot of material himself.
6 In German copyright law, for example, §17 and §19a grant the exclusive right
to reproduce, distribute, and make available online to the author. See also: (accessed on Sept. 30,
2018).
7 Eric Steinhauer, “Rechtspflicht zur Amnesie: Digitale Inhalte, Archive und
Urheberrecht,” _iRightsInfo_ (2013),
/rechtspflicht-zur-amnesie-digitale-inhalte-archive-und-urheberrecht/18101>
(accessed on Sept. 30, 2018).
8 In particularly severe cases of copyright infringement also state
prosecutors can become active, which in practice, however, remains the
exception. The circumstances in which criminal law must be applied are
described in §109 of German copyright law.
9 See, for example, “Shadow Libraries” for a video interview with Kenneth
Goldsmith.
10 Paul Torremans, _Intellectual Property Law_ (Oxford: Oxford University
Press, 2010), 265.
11 See also §53 para. 1–3 of the German Act on Copyright and Related Rights
(UrhG), §42 para. 4 in the Austrian UrhG, and Article 19 of Swiss Copyright
Law.
12 Simon Stokes, _Art & Copyright_ (Oxford: Hart Publishing, 2003).
13 Steinhauer, “Rechtspflicht zur Amnesie”.
14 This discrepancy between a state mandate for cultural preservation and
copyright law has only been fixed in 2018 with the introduction of a special
law, §16a DNBG.
15 Steinhauer, “Rechtspflicht zur Amnesie”.
16 Bodo Balazs, “The Genesis of Library Genesis: The Birth of a Global
Scholarly Shadow Library,” Nov. 4, 2014, _SSRN_ , , (accessed on
Sept. 30, 2018).
17 Motto of Sci-Hub: “Sci-Hub,” _Wikipedia_ ,
/Sci-Hub> (accessed on Sept. 30, 2018).
18 Guillaume Cabanac, “Bibliogifts in LibGen? A study of a text-sharing
platform driven by biblioleaks and crowdsourcing,” _Journal of the Association
for Information Science and Technology_ , 67, 4 (2016): 874–884.
19 Ibid.
20 The current address is (accessed on Sept. 30, 2018).
21 Kate Murphy, “Should All Research Papers Be Free?” _New York Times Sunday
Review_ , Mar. 12, 2016,
/should-all-research-papers-be-free.html> (accessed on Sept. 30, 2018).
22 Richard Van Noorden, “Nature’s 10,” _Nature_ , Dec. 19, 2016, (accessed on Sept. 30,
2018).
23 Bodo Balazs, “Pirates in the library – an inquiry into the guerilla open
access movement,” paper for the 8th Annual Workshop of the International
Society for the History and Theory of Intellectual Property, CREATe,
University of Glasgow, UK, July 6–8, 2016. Online available at: https
://adrien-chopin.weebly.com/uploads/2/1/7/6/21765614/2016_bodo_-_pirates.pdf
(accessed on Sept. 30, 2018).
24 Balazs, “The Genesis of Library Genesis”.
25 Aaron Swartz, “Guerilla Open Access Manifesto,” _Internet Archive_ , July
2008,
(accessed on Sept. 30, 2018).
26 Balazs, “Pirates in the library”.
27 Massimo De Angelis, “Economy, Capital and the Commons,” in: _Art,
Production and the Subject in the 21st Century_ , eds. Angela Dimitrakaki and
Kirsten Lloyd (Liverpool: Liverpool University Press, 2015), 201.
28 Ibid., 211.
29 Ibid.
30 See: (accessed on Sept. 30, 2018).
31 Accessible with invitation. See:
[https://aaaaarg.fail/](https://aaaaarg.fail) (accessed on Sept. 30, 2018).
32 See: (accessed on Sept. 30, 2018).
33 See: (accessed on Sept. 30, 2018).
34 Kenneth Goldsmith in conversation with Cornelia Sollfrank, _The Poetry of
Archiving_ , 2013, (accessed on Sept. 30, 2018).
35 Jonathan Lethem, _The Ecstasy of Influence: Nonfictions, etc._ (London:
Vintage, 2012), 101.
36 Marczewska, _This Is Not a Copy_ , 2.
37 The research project _Creating Commons_ , based at Zurich University of the
Arts, is dedicated to the potential of art projects for the creation of
commons: “creating commons,” (accessed on
Sept. 30, 2018).
38 One of Ubu’s features online has been the “top ten”, the idea to invite
guests to pick their ten favorite works from the archive and thus introduce a
mix between chance operation and subjectivity in order to reveal hidden
treasures. The curators of the festival in Athens, Ilan Manouach and Kenneth
Goldsmith, decided to elevate this principle to the curatorial concept of the
exhibition and invited ten guests to select their ten favorite works. The
Athens-based curator Elpida Karaba was commissioned to work on an adequate
concept for the realization, which turned out to be a huge black box divided
into ten small cubicles with monitors and seating areas, supplemented by a
large wall projection illuminating the whole space.
39 Marczewska, _This Is Not a Copy_ , 7.
This text is under a _Creative Commons_ license: CC BY NC SA 3.0 Austria
Sollfrank & Snelting
Performing Graphic Design Practice
2014
Femke Snelting
Performing Graphic Design Practice
Leipzig, 7 April 2014
[00:12]
What is Libre Graphics?
[00:16]
Libre Graphics is quite a large ecosystem of software tools, of people –
people that develop these tools, but also people that use these tools;
practices, like how do you then work with them, not just how you make things
quickly and in an impressive way, but also these tools might change your
practice and the cultural artefacts that result from it. So it’s all these
elements that come together, and we call Libre Graphics. [00:53] The term
“Libre” is chosen deliberately. It’s slightly more mysterious that the term
“free”, especially when it turns up in the English language. It sort of hints
that there’s something different, that there’s something done on purpose.
[01:16] And it is a group of people that are inspired by free software
culture, by free culture, by thinking about how to share both their tools,
their recipes and the outcomes of all this. [01:31] So Libre Graphics is quite
wild, it goes in many directions, but it’s an interesting context to work in,
that for me it has been quite inspiring for a few years now.
[01:46]
The context of Libre Graphics
[01:50]
The context of Libre Graphics is multiple. I think that’s part of why I’m
excited about it, and also part of why it’s sometimes difficult to describe it
in a short sentence. [02:04] The context is design – so people that are
interested in design, in creating visuals, in creating animations, videos,
typography. And that is already a multiple context, because each of these
disciplines have their own histories, and their own sort of types of people
that get touched by them. [02:23] Then there is software, people that are
interested in the digital material – so, let’s say, excited about raw bits and
the way a vector gets produced. So that’s a very, almost formal interest in
how graphics are made. [02:47] Then there’s people that do software, so they
are interested in programming, in programming languages, in thinking about
interfaces and thinking about ways software can become a tool. And then
there’s people that are interested in free software, so how can you make
digital tools that can be shared, but also how can you produce processes that
can be shared. [03:11] So there you have from free software activists to
people that are interested in developing specific tools for sharing design and
software development processes, like Git or [Apache] Subversion, or those
kinds of things. So I think that multiple context is really special and rich
in Libre Graphics.
[03:34]
Free software culture
[03:38]
Free software culture… And I use the term culture because I’m more interested
in, let’s say, the cultural aspect of it, and this includes software, for me
software is a cultural object – but I think it’s important to emphasise this,
because it's easily turned into a very technocentric approach which I think is
important to stay away from. [04:01] So free software culture is the thinking
that, when you develop technology – and I’m using technology in the sense that
is cultural as well, to me, deeply cultural – you need to take care of sharing
the recipes for how this technology has been developed as well. [04:28] And
this produces many different other tools, ways of working, ways of speaking,
vocabularies, because it changes radically the way we make and the way we
produce hierarchies. [04:49] So it means, for example, if you produce a
graphic design artefact, for example, that you share all the source files that
were necessary to make it. But you also share, as much as you can,
descriptions and narrations of how it came to be, which does include, maybe,
how much was paid for it, what difficulties were in negotiating with the
printer, and what elements were included – because the graphic design object
is usually a compilation of different elements –, what software was used to
make it and where it might have resisted. [05:34] So the consequences of
taking free software culture seriously in a graphic design or a design
context, means that you care about all these different layers of the work, all
the different conditions that actually make the work happen.
[05:50]
Free culture
[05:54]
The relationship from Libre Graphics to free culture is not always that
explicit. For some people it’s enough to work with tools that are released
under GPL (GNU General Public License), or like an open content license, and
there it stops. So even their work would be released under proprietary
licenses. [06:18] For others it’s important to make the full circle and to
think about what the legal status is of the work they release. So that’s the
more general one. [06:34] Then free culture – we can use that very loosely, as
in everything that is circulating under conditions that it can be reused and
remade, that would be my position – free culture, of course, also refers to
the very specific idea of how that would work, namely Creative Commons.
[06:56] For myself, Creative Commons is problematic, although I value the fact
that it exists and has really created a broader discussion around licenses in
creative practices, so I value that. [07:11] For me, the distinction Creative
Commons makes, almost for all the licenses they promote, between commercial
and non-commercial work, and as a consequence between professional and amateur
work – I find that very problematic, because I think one of the most important
elements of free software culture, for me, is the possibility of people from
different backgrounds, with different skill sets, to actually engage the
digital artefacts they are surrounded with. [07:47] And so by making this
quite lazy separation between commercial and non-commercial, which, especially
in the context of the web as it is right now, since it’s not very easy to hold
up, seems really problematic, because it creates an illusion of clarity that I
think actually makes more trouble than clarity. [08:15] So I use free culture
licenses, I use licenses that are more explicit about the fact that anyone can
use whatever I produce, in any context, because I think that’s where the real
power is of free software culture. [08:31] For me, free software licenses and
all the licenses around them – because I think there are many different types,
and that’s interesting – is that they have a viral power built in. So if you
apply a free software license to, for example, a typeface, it means that
someone else, even someone else you don’t know, has the permission, and
doesn’t have to ask for the permission to reuse the typeface, to change it, to
mix it with something else, to distribute it and to sell it. [09:08] That’s
one part that is already very powerful. But the real secret of such a license
is that once this person re-releases a typeface, it means that they need to
keep the same license. So it means that it propagates across the network, and
that is where it’s really powerful.
[09:31]
Free tools
[09:35]
It’s important to have tools that are released under conditions that allow me
to look further than its surface, for many reasons. There is an ethical
reason. It’s very problematic, I think, to, as a friend explained last week,
to feel like you are renting a room in a hotel – because that is often the way
practitioners nowadays relate to their tools, they have no right to remove the
furniture, they’ve no right to invite friends to their hotel room, they have
to check out at 11, etc. So it’s a very sterile relationship to your tools. So
that’s one part. [10:24] The other is that there is little way of coming into
contact with the cultural aspects of the tools. Something that I suspected
before I started to use free software tools for my practice, but has been
already for almost ten years continuously exciting, is the whole… let’s say,
all the other elements around it: the way people organise themselves in
conferences, mailing lists, the fact that the kinds of communications that
happens, the vocabularies, the histories, the connections between different
disciplines. [11:07] And all that is available to look at, to work with, to
come into contact with, even to speak to people that do these tools and ask
them, why is like this and not like that. And so to me it seems obvious that
artists want to have that kind of, let’s say, layered relation with their
tools, and not just accept whatever comes out of the next-door shop. [11:36] I
have a very different, almost different physical experience of these tools,
because I can enter on many levels. And that makes them part of my practice
and not just means to an end, I really can take them into my practice, and
that I find interesting as an artist and as a designer.
[11:56] Artefacts
[12:00] The outcomes of this type of practice are different, or at least the
kind of work I make, try to make, and the people I like to work with. There’s
obviously also a group of people that would like to do Hollywood movies with
those tools. And, you know, that’s kind of interesting too, that that happens.
[12:21] For me, somehow the technological context or conditions that made the
work possible will always occur in the final result. So that’s one part.
[12:38] And the other is that the, let’s say, the product is never the end. So
it means that because, in whatever way, source materials would be released,
would be made available, it means that the product is always the beginning of
another project or product, either by me or by other people. [13:02] So I
think that’s two things that you can always see in the kind of works we make
when we do Libre Graphics – my style.
[13:15] Libre Fonts
[13:18] A very exciting part of Libre Graphics is the Libre Font movement,
which is strong, and has been strong for a long time. Fonts are the basic
building block of how a graphic comes to life. I mean, when you type
something, it’s there. [13:40] And the fact that that part of the work is free
is important in many levels. Things that you often don’t think about when we
speak English and we stay within a limited character set, is that when you
live in, let’s say, India, the language you speak is not available as a
digital typeface, meaning that when you want to produce book in the tools that
are available, or publish it online, your language has no way of expressing
itself. [14:26] And so it’s important, and that has to do with commercial
interests, laws, ways that the technical infrastructure has been built. And so
by understanding that it’s important that you can express yourself in the
language and with the characters you need, it’s also obvious that that part
needs to be free. [14:53] Fonts are also interesting because they exist on
many levels. They exist on your system. They are almost software, because they
are quite complicated objects. They appear in your screen, when you print a
document – they are there all the time. [15:17] But at the same time it’s the
alphabet. It’s the most, let’s say… we consider it as a totally accessible,
available and universal right, to have the alphabet at our disposal. [15:29]
So I think, politically and, let’s say, from a sort of interest in that kind
of practice that is very technical but at the same time also very basic, in
the sense that is about “freeing an A,” that’s quite a beautiful energy – I
think that that has made the Libre Font movement very strong.
[15:55] Free artefacts / open standards
[15:59] It took me a while to figure out myself – that for me it was so
obvious that if you do free software, that you would produce free artefacts, I
mean, it seems kind of obvious, but that is not at all the case. [16:12] There
is full-fledged commercial production happening with these tools. But one
thing that sort of keeps the results, the outcomes of these projects, freer
than most commercial tools is that there is really an emphasis on open
document formats. [16:34] And that is extremely important because, first of
all, through this sort of free software thinking it’s very obvious that the
documents that you produce with the tool should not belong to the software
vendor, they are yours. [16:49] And to be able to own your own documents you
need to be able to look, to inspect how they are produced. I know many tragic
stories of designers that with several upgrades of “their” tool set lost
documents, because they could never open them again. [17:12] So there’s really
an emphasis and a lot of work in making sure that the documents produced from
these tools remain inspectable, are documented, so that either you can open
them in another tool, or could develop a tool to open them in, to have these
files available for you. [17:38] So it’s really part and parcel of free
software culture, it’s that you care about that what generates your artefact,
but also about the materiality of your artefact. And so there, open standards
are extremely important – or maybe, let’s say, that file formats are
documented and can be understood. [18:04] And what’s interesting to see is
that in this whole Libre Graphics world there is also a very strong group of
reverse engineers, that are document formants, document activists, I would
say. [18:19] And I think that’s really interesting. They claim, they say,
documents need to be free, and so we would go against… let’s say, we would
risk breaking the law to be able to understand how non-free documents actually
are constructed. [18:37] So they are really working to be able to understand
non-free documents, to be able to read them, and to be able to develop tools
for them, so that they can be reused and remade. [18:54] So the difference
between a free and a non-free document is that, for example, an InDesign file,
which is the result of a commercial product, there’s no documentation
available to how this file works. [19:10] This means that the only way to open
the file is with that particular program. So there is a connection between
that what you’ve made and the software you’ve used to produce it. [19:24] It
also means that if the software updates, or the license runs out, you will not
have access to your own file. It means it’s fixed, you can never change it,
and you can never allow anyone else to change it. [19:39] And open document
format has documentation. That means that not only the software that created
it is available, and so that way you can understand how it was made, but also
there’s independent documentation available. [19:55] So that whenever a
project, like a software, doesn’t work anymore or it’s too old to be run, or
you don’t have it available, you have other ways of understanding the document
and being able to open it, and reuse and remake it. [20:11] Examples of open
document formats are, for example, SVG (Scalable Vector Graphics), ODT (Open
Document Text format), or OGG, a format for video that allows you to look at
all the elements that are packed into the video format. [20:31] What’s
important is that, around these open formats, you see a whole ecosystem exists
of tools to inspect, to create, to read, to change, to manipulate these
formats. And I think it’s very easy to see how around InDesign files this
culture does not exist at all.
[20:55] Getting started
[20:59] If you would be interested to start using Libre Graphics, you can
enter it in different levels. There’s well-developed tools that look a bit
like commercial photo manipulation tools, or layout tools. [21:19] There’s
something called Gimp, which is a well-developed software for treating photos.
There’s Blender, which is a fast-developing animation software, that’s being
used by thousands of thousands of people, and even it’s being used in
commercial productions, Pixar-style stuff. [21:43] These tools can be
installed on any system, so you don’t have to run a Linux system to be able to
use them. You can install them on a Macintosh or on a Windows, for example. Of
course, they are usually more powerful when you run them on a system that
recognises that power.
[22:09] Sharing practice / re-learn
[22:14] This way of working changes the way you learn, and also therefore the
way you teach. And so, as many of us have understood the relation between
learning and practice, we’ve all been somehow involved in education, many of
us are teaching in formal design or art education. [22:43] And it’s very clear
how those traditional schools are really not fit for the type of learning and
teaching that needs to happen around Libre Graphics. [22:57] So one of the
problems that we run into is the fact that art academies are traditionally
really organised on many levels – so that the validation systems are really
geared towards judging individuals. And our type of practice is always
multiple, it’s always about, let’s say, things that happen with many people.
[23:17] And it’s really difficult to inspire students to work that way, and at
the same time know that at the end of the day, they will be judged on their
own, what they produce as an individual. So that’s one part. [23:31] In
traditional education there’s always like a separation between teaching
technology and practice. So you have, in different ways, let’s say, you have
the studio practice and then you have the workshops. And it’s very difficult
to make conceptual connections between the two, so we end up trying to make
that happen but it’s clearly not made for that. [24:02] And then there is the
problematics of the hierarchies between tutors and students, that are hard to
break in formal education, just because the set up is – even when it’s a very
informal situation – that someone comes to teach and someone else comes to be
taught. [24:28] And there’s no way to truly break that hierarchy because
that’s the way the school works. So since a year we’ve been starting to think
about how to do… Well, no, for years we’ve been thinking about how to do
teaching differently, or how to do learning differently. [24:48] And so last
year for the first time we organised a summer school, just as a kind of
experiment to see if we could learn and teach differently. And the title, the
name of the school is Relearn, because the sort of relearning, for yourself
but also to others, through teaching-learning, has became really a good
methodology, it seems.
[25:15] Affiliations
[25:19] If I say “we”, that’s always a bit uncomfortable, because I like to be
clear about who that is, but when I’m speaking here there’s many “we” in my
mind. So there’s a group of designers called OSP (Opens Source Publishing).
They started in 2006 with the simple decision to not use any proprietary
software anymore for their work. And from that this whole set of questions,
and practices and methods developed. [25:51] So right now that’s about twelve
people working in Brussels having a design practice. And I’m lucky to be an
honorary member of this group, and so I’m in close contact with them, but I’m
not actively working with the design group. [20:11] Another “we”, and
overlapping “we”, is Constant, an association for art and media active in
Brussels since 1996, 1997 maybe. Our interest is more in mixing copyleft
thinking, free software thinking and feminism. And in many ways that
intersects with OSP, but they might phrase it in a different way. [26:42]
Another “we” is the Libre Graphics community, which is even a more
uncomfortable “we” because it includes engineers that would like to conquer
the world, and small hyper-intelligent developers that creep out of their
corner to talk about the very strange world they are creating, or typographers
that care about universal typefaces. [27:16] I mean, there’s many different
people that are involved in that world. So I think, in this conversation the
“we” are Contant, OSP and Libre Graphics community, whatever that is.
[27:34] We worked on a Code of Conduct – which is something that seems to
appear in free software or tech conferences more and more, it comes a bit from
the U.S. context – where we have started to understand that the fact that free
software is free doesn’t mean that everyone feels welcome. [28:02] For long
there still are large problems with diversity in this community. The
excitement about freedom has led people to think that people that were no
there would probably not want to be there, and therefore had no role to be
there. [28:26] And so if you think, for example, the fact that there is very
little, that there’s not a lot of women active in free software, a lot less
than in proprietary software, which is quite painful if you think about it.
[28:41] That has to do with this sort of cyclical effects of: because women
are not there they would probably be not interested, and because they are not
interested they might not be capable, or feel capable of being active, and
they feel they might not belong. So that’s one part. [29:07] The other part is
that there’s a very brutal culture of harassment, of racist and sexist
language, of using imagery that is, let’s say, unacceptable. And that needs to
be dealt with. [29:26] Over the last two years, I think, the documents like
the Code of Conduct have started to come out from feminists active in this
world, like Geek Feminism or the Ada Initiative, as a way to deal with this.
And what it does is it describes, in a bit… let’s say, it’s slightly pompous
in the sense that you describe your values. [29:56] But it is a way to
acknowledge the fact that this communities have a problem with harassment,
first; that they explicitly say, we want diversity, which is important; that
it gives very clear and practical guidelines for what someone that feels
harassed can do, who he or she can speak to, and what will be the
consequences. [30:31] Meaning that it takes away the burden from, well, at
least as much as possible, from someone who is harassed to defend, actually,
the gravity of the case.
[30:43] Art as integrative concept
[30:47] For me, calling myself an artist is useful, it’s very useful. I’m not
so busy, let’s say, with the institutional art context – that doesn’t help me
at all. [31:03] But what does help me is the figure of the artist, the kinds
of intelligences that I sort of project on myself, and I use from others, from
my colleagues (before and contemporary), because it allows me to not have too
many… to be able to define my own context and concepts without forgetting
practice. [31:37] And I think art is one of the rare places that allows this.
Not only it allows it, but actually it rigorously asks for it. It’s really
wanting me to be explicit about my historical connections, my way of making,
my references, my choices, that are part of the situation I build. [32:11] So
the figure of the artist is a very useful toolbox in itself. And I think I use
it more than I would have thought, because it allows me to make these cross-
connections in a productive way.