bently in Mars & Medak 2019

g Three majors (“Record
Label,” Wikipedia 2015).


Since this anecdote was recounted by Marcell in his opening keynote in the
Terms of Media II conference at Brown University, we have received another
batch of takedown notices from the MIT Press. It seemed as no small irony,
because at the time the Terms of Media conference reader was rumored to be
distributed by the MIT Press.


“In law, authorship is a point of origination of a property right which, thereafter, like other property rights, will circulate in the market, ending up in the
control of the person who can exploit it most profitably. Since copyright serves
paradoxically to vest authors with property only to enable them to divest that
property, the author is a notion which needs only to be sustainable for an
instant” (Bently 1994).


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


For a more detailed account of the history of printing privilege in Great Britain,
but also the emergence of peer review out of the self-­censoring performed by
the Royal Academy and Académie de sciences in return for the printing privilege, see Biagioli 2002.


The transition of authorship from honorific to professional is traced in Woodmansee 1996.


Not all publishers are necessarily predatory. For instance, scholar-­led open-­
access publishers, such as those working under the banner of Radical Open
Access ( have been experimenting with
alternatives to the dominant publishing models, workflows, and metrics, radica

PwC. 2015b. “Filmed Entertainment.” Accessed October 18, 2015.
PwC. 2015c. “Music: Growth Rates of Recorded and Live Music.” Accessed October 18,
Reid, Rob. 2012. “The Numbers behind the Copyright Math.” TED Blog, March 20.
Accessed October 28, 2015,
Rose, Mark. 2010. “The Public Sphere and the Emergence of Copyright.” In Privilege
and Property, Essays on the History of Copyright, ed. Ronan Deazley, Martin Kretschmer, and Lionel Bently, 67–­88. Open Book Publishers.
Ross, Kristin. 2015. Communal Luxury: The Political Imaginary of the Paris Commune.
London: Verso.
Spieker, Sven. 2008. The Big Archive: Art from Bureaucracy. Cambridge, Mass.: MIT
Swartz, Aaron. 2008. “Guerilla Open Access Manifesto.” Internet Archive. Accessed
October 18, 2015.
Tactical Media Files. 2017. “The Concept of Tactical Media.” Accessed May 4, 2017.
Vismann, Cornelia. 2011. Medien der Rechtsprechung. Frankfurt a.M.: S. Fischer Verlag.
von Hippel, Eric. 2005. Democratizing Innovation. Cambridge, Mass.: MIT Press.
Wikipedia, the Free Encyclopedia. 2015a. “Major Film Studio.” Accessed January 2,


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