intellectual property in Adema 2019


the creative industries — ‘which are now worth £71.4
billion per year to the UK economy’,[13](ch3.xhtml#footnote-140) Atkinson
points out — is not surprising where the discourse around creative industries
maintains a clear bond between intellectual property rights and creative
labour. As Geert Lovink and Ned Rossiter state in their MyCreativity Reader,
the creative industries consist of ‘the generation and exploitation of
intellectual property’.[14](ch3.xhtml#footnote-139) Here they refer to a
defin


html#footnote-138) which states that the creative
industries are ‘those industries which have their origin in individual
creativity, skill and talent and which have a potential for wealth and job
creation through the generation and exploitation of intellectual property’.
Lovink and Rossiter point out that the relationship between IP and creative
labour lies at the basis of the definition of the creative industries where,
as they argue, this model of creativity assumes people only create to produce
economic value.


ecific economic model of creativity (and
authorship). According to this model, writing and creativity are sustained
most clearly by an individual original creator (an author) who extracts value
from the work s/he creates and distributes, aided by an intellectual property
rights regime. As I will outline more in depth in what follows, the enduring
liberal and humanist presumptions that underlie this survey continuously
reinforce the links between the value of writing and established IP and
remuneration regimes, and su


and the Ethics of Care

Craig, Turcotte and Coombe draw a clear connection between relational
authorship, feminism and (the ideals of) the open access movement, where as
they state, ‘rather than adhering to the individuated form of authorship that
intellectual property laws presuppose, open access initiatives take into
account varying forms of collaboration, creativity and
development’.[29](ch3.xhtml#footnote-124) Yet as I and others have argued
elsewhere,[30](ch3.xhtml#footnote-123) open access or open access pu


owsebook=2>

Foucault, Michel, ‘What Is an Author?’ (1998) in James D. Faubion (ed.),
Essential Works of Foucault, 1954–1984, Volume Two: Aesthetics, Method, and
Epistemology (New York: The New Press).

Gibson, Johanna (2007) Creating Selves: Intellectual Property and the
Narration of Culture (Aldershot, England and Burlington, VT: Routledge).

— Phillip Johnson and Gaetano Dimita (2015) The Business of Being an Author: A
Survey of Author’s Earnings and Contracts (London: Queen Mary University of
London),


ps://www.independent.co.uk/news/weird-news/monkey-selfie-judge-rules-
macaque-who-took-grinning-photograph-of-himself-cannot-own-
copyright-a6800471.html>

Robbins, Sarah (2003) ‘Distributed Authorship: A Feminist Case-Study Framework
for Studying Intellectual Property’, College English 66.2, 155–71,


Rose, Mark (1993) Authors and Owners: The Invention of Copyright (Cambridge,
MA: Harvard University Press).

Spinosa, Dani (14 May 2014) ‘“My Line (Article) Has Sighed”: Aut


rights. ALCS collects
and pays out money due to members for secondary uses of their work (copying,
broadcasting, recording etc.).

[2](ch3.xhtml#footnote-151-backlink) This survey was an update of an earlier
survey conducted in 2006 by the Centre of Intellectual Property Policy and
Management (CIPPM) at Bournemouth University.

[3](ch3.xhtml#footnote-150-backlink) ‘New Research into Authors’ Earnings
Released’, Authors’ Licensing and Collecting Society, 2014,


icago, IL: University of Chicago Press, 1998); Jerome J. McGann, A
Critique of Modern Textual Criticism (Charlottesville, VA, University of
Virginia Press, 1992); Sarah Robbins, ‘Distributed Authorship: A Feminist
Case-Study Framework for Studying Intellectual Property’, College English 66.2
(2003), 155–71,

[20](ch3.xhtml#footnote-133-backlink) The ALCS survey addresses this problem,
of course, and tries to lobby on behalf of its authors for fair contracts with
publishers and


nstitutions that
sustain them (the library, publishing house etc.), to rigorous critique.
Included in the latter will be the asking of important questions about our
notions of authorship, authority, originality, quality, credibility,
sustainability, intellectual property, fixity and the book — questions that
lie at the heart of what scholarship is and what the university can be in the
21st century’. Janneke Adema and Gary Hall, ‘The Political Nature of the Book:
On Artists’ Books and Radical Open Access’,


hem to be so.

[52](ch3.xhtml#footnote-101-backlink) Craig, Turcotte, and Coombe, ‘What’s
Feminist About Open Access?’, p. 2.

[53](ch3.xhtml#footnote-100-backlink) Ibid.

[54](ch3.xhtml#footnote-099-backlink) Johanna Gibson, Creating Selves:
Intellectual Property and the Narration of Culture (Aldershot, UK, and
Burlington: Routledge, 2007), p. 7.

[55](ch3.xhtml#footnote-098-backlink) Gibson, Creating Selves, p. 7.

[56](ch3.xhtml#footnote-097-backlink) Ibid.

[57](ch3.xhtml#footnote-096-backlink) Kenneth G


intellectual property in Bodo 2014


s, and almost everyone else categorized as an occasional reader. Book
prices were low, alternative forms of entertainment were scarce, and people were poor, making reading
one of the most attractive leisure activities.
The communist approach towards intellectual property protection reflected the idea of the reading
nation. The Soviet Union inherited a lax and isolationist copyright system from the tsarist Russia. Neither
the tsarist Russian state nor the Soviet state adhered to international copyright treaties, nor d


intellectual property in Bodo 2015


earth without any charge, library or university membership. As I was sitting in these

1

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

physical spaces where the past seemed to define the present, I was wondering where I should look to find
the library of the future: down to my screen or up around me.
The library on my screen was Aleph, one of the biggest of the countless p


ulture, of drugs or of arms is always a symptom, a warning sign of a friction between

2

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

supply and demand. Increased activity in the grey and black zones of legality marks the emergence of a
demand which legal suppliers are unwilling or unable to serve (Bodó, 2011a). That friction, more often
than not, leads to change. Earlie


e have
impact beyond the market of books and directly affect the domain of libraries.

3

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

The fate of libraries is tied to the fate of book markets in more than one way. One connection is structural:
libraries emerged to remedy the scarcity in books. This is true both for the pre-print era as well as in the
Gutenberg galaxy. In


st “mainstream” application of computers. Combing through large stacks of matrix-

4

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

printer printouts of sci-fi classics downloaded from gopher servers is a shared experience of anyone who
had access to computers and the internet before it was known as the World Wide Web.
Computers thus added fresh momentum to the efforts


al constraints and to
operate and use more or less public piratical shadow libraries.

5

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

Aleph1
Aleph2 is a meta-library, and currently one of the biggest online piratical text collections on the internet.
The project started on a Russian bulletin board devoted to piracy in around 2008 as an effort to integrate
various free-flo


leph is a pseudonym chosen to protect the identity of the shadow library in question.

6

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

Russia is not the only country with a significant informal media economy of books, but in most other
places it was the photocopy machine that emerged to serve such book grey/black markets. In pre-1990
Russia and in other Eastern European co


ded the technological blueprint for any future digital library. But more importantly,

7

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

Moshkov’s way of handling the texts, his way of responding to the claims, requests, questions, complaints
of authors and publishers paved the way to the development of copynorms (Schultz, 2007) that continue
to define the Russian digital


he center of the scientific shadow library ecosystem and community.

Aleph by numbers

8

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

By adding pre-existing text collections to its catalogue Aleph was able to grow at an astonishing rate.
Aleph added, on average 17.500 books to its collection each month since 2009, and as a result, by April
2014 is has more than 1.15 milli


catalogue as well as other works also free and without any restraints or limitations.

9

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

scarcity in physical copies is overcome through distributed digitization; the artificial source of scarcity
created by copyright protection is overcome through infringement. The liberation from both constraints is
necessary to create a trul


e way the catalogue has gone: into the digital realm. It would be impossible to give

10

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

a faithful summary of all the discussions on the future of libraries is such a short contribution. There are,
however, a few threads, to which the story of Aleph may contribute.

Competition
It is very rare to find the two words: libraries


and other
social media accounts are just a few of the available discovery services.

11

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

relevant by, for example, advocating more opening hours without staff and hosting more user-governed
activities.
In the research library sphere, the Commission on the Future of the Library, a task force set up by the
University of Californi


and personal study (Triaille et al., 2013). While in theory these rights provide for

12

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

the core library services in the digital domain, their practical usefulness is rather limited, as off-premises
e-lending of copyrighted works is in most cases6 only possible through individual license agreements with
publishers.
Under such


the US is even farther from making
orphan works generally accessible to the public.

13

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

licenses to e-book catalogues of various sizes, these arrangements also carry the danger of a commercial
lock-in of the access to digital works, and render libraries dependent upon the services of commercial
providers who may or may not be


are a slightly different case. There, compared to developed countries, twice as many

14

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

of the downloads (17% compared to 8% in developed countries) are of titles that aren’t available in print
at all. Not having access to books in print seems to be a more pressing problem for developing countries
than not having access to e


eph, and the investment that would be required to create
something remotely similar.

15

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

The decentralized, collaborative mass digitization and making available of current, thus most relevant
scientific works is only possible at the moment through massive copyright infringement. It is debatable
whether the copyrighted corpus of


hat, prevent the future that is the closest to what library users
think of as ideal.

16

Bodó B. (2015): Libraries in the post-scarcity era.
in: Porsdam (ed): Copyrighting Creativity: Creative values, Cultural Heritage Institutions and Systems of Intellectual Property, Ashgate

References
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Johns, A. (2010). Piracy: The Intellectual Property Wars from Gutenberg to Gates. University Of
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Lessig, L. (2004). Free culture : how big media uses technology and the law to lock down culture and
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Liang, L. (2012). Shadow Libraries. e-flux. Retrieved f


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Dutch reference on digital resale may be just about to follow. IPKat. Retrieved October 08, 2014, from
http://ipkitten.blogspot.co.uk/2014/09/dutch-court-refers-questions-to-cjeu-on.html
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Practice, 9(2), 104–106.
Rose, M. (1993). Authors and owners : the invention of copyright. Cambridge, Mass: Harvard University
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Samuelson, P. (2002). Copyright and freedom of expression in historical perspective. J. Intell. Prop. L.,
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Samuelson, P. (2014). Mass Digitization as Fair Use. Communications of the ACM, 57(3), 20–22.
Schultz, M. F. (2007). Copynorms: Copyright Law and Social Norms. Intellectual Property And
Information Wealth v01, 1, 201.
Sezneva, O. (2012). The pirates of Nevskii Prospekt: Intellectual property, piracy and institutional
diffusion in Russia. Poetics, 40(2), 150–166.
Solly, E. (1885). Henry Hills, the Pirate Printer. Antiquary, xi, 151–154.
Stelmakh, V. D. (2001). Reading in the Context of Censorship in the Soviet Union. Libraries & Cultu


Highwaymen or Heroes of Enlightenment? Viennese and South German Pirates and
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intellectual property in Constant 2009


strategies on and off line,
to explore their interests in the female
identity, critical resistance, representation and narrative archives.

Séverine Dusollier

Doctor in Law, Professor at the University of Namur (Belgium), Head of
the Department of Intellectual Property Rights at the Research Center for
Computer and Law of the University
of Namur, and Project Leader Creative Commons Belgium, Namur.
NL

EN

Leif Elggren (born 1950, Linköping,
Sweden) is a Swedish artist who lives
and works in Stockholm.
Active since


intellectual property in Constant 2015


Arts for a
few decades now. Digital was a narrative, a tool and a concept, an aesthetic
and political playground of sorts. These experiments created a notion of
the digital artisan and creative technologist on the one hand and enabled
a new view of intellectual property on the other. They widened a pathway
to participation, collaboration and co-creation in creative software development, looking critically at the software as cultural production as well as
technological advance.
This book documents conversations betwe


mechanical reproduction, property-based interest groups
have tried to create artificial barriers to production. When you have artificial
barriers to reproduction the immaterial assets start to behave like material
assets; this is where copyright and intellectual property come from. It’s
the desire of property groups, to make immaterial assets behave price-wise
the same as material assets, the only way to do that is creating barriers to
reproduction.
Typography obviously comes from this culture, like a lot of other


the typographers
is paid for by not controlling the typography itself, but by employing it in
production and using it in another field. The people that are still trying
to hold on to typography as a product, as an end product that they capture
from intellectual property, are being pushed out.
In other things this is not just the case. If you look at the amount of money
that publishing companies spend on QuarkXpress, that’s not really a big
deal. From their point of view, they can hire some programmers and they
can


nded in that way?

It doesn’t surprise me that much. Graffiti is hard to accept, especially
when we are talking about tags. So the only reason we might be slightly
surprised by hearing people in the Open Source community react that
way, is because intellectual property doesn’t translate always to physical
property. Writing your name on someone’s door is something people universally don’t like. I understand. For me the connection makes sense but
just because you make Open Source doesn’t mean you’ll be inte


intellectual property in Dockray 2013


, however, a new contradiction emerges, between the indebted, living labor - of authors,
editors, translators, and readers - on one side, and on the other.. data centers, semiconductors,
mobile technology, expropriated software, power companies, and intellectual property.
The talk in the data center industry of the “industrialization” of the cloud refers to the scientific
approach to improving design, efficiency, and performance. But the term also recalls the basic
narrative of the Industrial Revolution: the move


intellectual property in Dockray 2013


nistrations denied the public information, stating that it was “properly classified in the interest of national security.” Certain parts of the negotiations became known through Wikileaks and ACTA was revealed as a vehicle for exporting American intellectual property enforcement. Protecting intellectual property is essential, politicians claim, to maintaining the American “way of life,” although today this has less to do with the moral base of the country than the economic base – workers and corporations. America, Obama said in reference to ACTA, would use the “full arsenal of tools available to crack down on practices that blatantly harm our businesses.” Universities, those institutions for the production of knowledge, are deeply embedded in struggles over intellectual property, and moreover deployed as instruments of national security. The National Security Higher Education Advisory Board, which includes (surprise) Linda Katehi, brings together select university presidents and chancellors with the FBI, CIA, and other agencies several times per year. Developed to address intellectual property at the level of cyber-­‐theft (preventing sensitive research from falling into the hands of terrorists) the congenial relationship between university administrations and the FBI raises the spectre of US government spying on student activists in th


commodities. UCLA Extension is developing curricula and courses for Encore Career Institute, a for-­‐profit venture bringing together Hollywood, Silicon Valley, and a chairwoman of the UC Regents, whose goal is to “deliver some of the fantastic intellectual property that UC has.” And even MITx is not without its restricted-­‐access bedfellows; its pilot online course requires a textbook, which is owned by Elsevier. Students are here conceived of truly as consumers of product, and education has become a subg


intellectual property in Dockray, Forster & Public Office 2018


this is why we refuse to limit “access” to a
question of technology.

While “digital rights management” technologies have been developed almost
exclusively for protecting the commercial interests of capitalist property
owners within Western intellectual property regimes, many of the assumptions
and technological implementations are inadequate for the protection of
Indigenous knowledge. Rather than describing access in terms of commodities
and ownership of copyright, it might be defined by membership, status


intellectual property in Elbakyan 2016


Technica has compared her to Aaron Swartz--so a controversial figure.
We thought it was very important to include her in the dialog about open
access because we want, in this symposium series, to include all the different
perspectives on copyright, intellectual property, open access, and access to
scholarly information. So I'm delighted that we're actually able to have her
here via Skype to present.

---

**Alexandra Elbakyan** : First of all, thank you for inviting me to share my
views. My name is Alexand


s, we wouldn't need airplanes. But in any case we need to fly, so we make
airplanes.

Scholarly publishers quickly dubbed the work of Sci-Hub as piracy. Admittedly
Sci-Hub violates the laws of copyright, but copyright is related to the rights
of intellectual property. That is, scholarly articles are the property of
publishers, and reading them for free turns out to be something like theft
according to the current law.

The concept of intellectual property itself is not new, although it can seem
otherwise. The history of copyright goes back to around the 18th century,
although the first mentions of something similar can be found in the Talmud.
It's just that recently copyright has been found at the center of passionate
debate since some are trying to forbid the free distribution of information in
the internet.

However, the central focus of the debate is on censorship and privacy. The
defense of intellectual property in the internet requires censorship of
websites, and that is consequently a violation of freedom of speech. This also
raises a question of interference in private life - that is, when the
government in some way monitors users who violate copyright. I


ssence of copyright - that is, the concept of intellectual
property - is almost never questioned. That is, whether knowledge can be
someone's property is rarely discussed.

However, our ancestors were even more daring. They did not just question
intellectual property but property in general. That is, there are works in
which we can find the appearance of the idea of communism. There's Thomas
More's _Utopia_ from the 16th century, but actually such works arose much
earlier, even in Ancient Greece where these quest


can be completely lacking
for institutions at the next lower tier and for the general public.

An idea arises: if there isn't private property, then there's no basis for
unequal distribution of wealth. In our case as well: if there's no private
intellectual property and all scholarly publications are nationalized, then
all people will have equal access to knowledge.

However, a question arises: if there is no private property, then what can
stimulate a person to work? One of the ideas is that under communism


intellectual property in USDC 2015


t without the permission of the applicable
rights-holder. Upon information and belief, the Library Genesis Project serves primarily, if not

10

Case 1:15-cv-04282-RWS Document 1 Filed 06/03/15 Page 11 of 16

exclusively, as a scheme to violate the intellectual property rights of the owners of millions of
copyrighted works.
39.

Upon information and belief, Elsevier owns the copyrights in a substantial

number of copyrighted materials made available for distribution through the Library Genesis
Project. Elsevier has


intellectual property in Fuller & Dockray 2011


ys, to bring out a different kind of potential in
publishing.

**SD:** Yes, the debate has tended so far to get stuck in those three actors
because people tend to end up picking a pair and placing them in opposition to
one another, especially around intellectual property. The discussion is very
simplistic and ends up in that way, where it's the authors against readers, or
authors against their publishers, with the publishers often introducing
scarcity, where the authors don't want it to be - that's a common argument.


intellectual property in Graziano, Mars & Medak 2019


ase of #BlackLivesMatterSyllabus, which is prefaced on the project’s
landing page by a warning to readers that ‘material compiled in this syllabus should
not be duplicated without proper citation and attribution.’9 A very different position on
intellectual property has been embraced by other #Syllabus interventions that have
chosen a more commoning stance. #StandingRockSyllabus, for instance, is introduced as a crowd-sourced process and as a useful ‘tool to access research usually
kept behind paywalls.’10
The different workflows, modes of engagements, and positioning in relation to
intellectual property make #Syllabus readable as symptomatic of the multiplicity
that composes social justice movements. There is something old school—quite
literally—about the idea of calling a list of online resources a ‘syllabus’; a certain
quaintness, evoking


intellectual property in Hamerman 2015


2p libraries as
“fragile knowledge infrastructures built and maintained by brave librarians
practicing civil disobedience which the world of researchers in the humanities
rely on.” This civil disobedience is a politically motivated refutation of
intellectual property law and the orientation of information networks toward
venture capital and advertising. While the pirate libraries fulfill this
dissident function as a kind of experimental provocation, their content is
audience-specific rather than universal.

_


intellectual property in Kelty, Bodo & Allen 2018


erence and critique, remains a
sine qua non of the theory of openness proposed there. It
is opposed to a system where it is explicit that only certain
people have access to the texts (whether that be through
limitations of secrecy, or limitations on intellectual property,
or an implicit elitism).

Writing and using copyright licenses
Of all the components of free software that I analyzed, this
is the one practice that remains the least transformed—OA
texts use the same CC licenses pioneered in 2001, which
were a di


,conf,v3, Portland,
Oregon, May 3rd 2017. Accessed May 20, 2018. https://youtu.be/V2gwi0CRYto.
Bodo, Balazs. 2015. “Libraries in the Post - Scarcity Era.” In Copyrighting Creativity:
Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property,
edited by Porsdam. Routledge.
boyd, danah. 2018. “You Think You Want Media Literacy… Do You?” Data & Society: Points.
March 9, 2018. https://points.datasociety.net/you-think-you-want-media-literacy-doyou-7cad6af18ec2.
Caswell, Michelle. 2016.


intellectual property in Mars & Medak 2019


the avant-garde radicalism can be recuperated for the present
through the gestures of disobedience, deceleration and demands for
inclusiveness. Ubu already hints toward such recuperation on three coordinates:
1) practiced opposition to the regime of intellectual property, 2) transformative
use of old technologies, and 3) a promise of universal access to knowledge and
education, helping to foster mass intellectuality and critical pedagogy.
The first Custodians.online letter was drafted to voice the need for a collecti


bling times’,
Environment and Planning D: Society and Space, 34 (3): 393– 419.
Bodó, B. (2015) ‘Libraries in the post-scarcity era’, in H. Porsdam (ed.)
Copyrighting creativity: Creative values, cultural heritage institutions and systems
of intellectual property. London: Routledge.
Bower, J.L. and C.M. Christensen. (1996) ‘Disruptive technologies: Catching the
wave’, The Journal of Product Innovation Management, 1(13): 75– 76.
Branum, C. (2008) ‘The myth of library neutrality’. [https://candisebran


intellectual property in Mars & Medak 2019


ty over land. As the Age of Mechanical
Reproduction became more and more the Age of Discrete and
Digital Reproduction, another metaphor emerged, one that reveals
the quandary left after decades of decay resulting from the increasing distanciation of intellectual property from the intellectual work
it seeks to regulate, and that metaphor is: schizophrenia.
Technologies compete with each other—­the discrete and the
digital thus competes with the mechanical—­and the aftermath of
these clashes can be dramatic. Peop


cond, an agonistic aspect not unlike a
sporting competition where a winner has to be decided, one that

49

50

leads to judgment and sanction. In the matter of copyright versus
access, however, the fact that courts cannot look past the metaphor of intellectual property, which reduces any understanding of
our contemporary technosocial condition to an analogy with the
scarcity-­based language of property over land, has meant that they
have failed to adjudicate a matter of conflict between the equalizing effects of u


nt
of its norms and institutional aspects is largely endogenous and
partly responsive to the specific needs of other social subsystems.
Still, if the law and the courts are the codified and lived rationality
of a social formation, then the choice of intellectual property as a
metaphor in capitalist society comes as no surprise, as its principal
objective is to institute a formal political-­economic framework for
the commodification of intellectual labor that produces knowledge
and culture. There can be no balance, o


his period.
In contrast, the periphery, in order to advance, relies on strategies
of “stealing” that bypass socioeconomic barriers by refusing to
submit to the harmonized regulation that sets the frame for global
economic exchange. The piracy of intellectual property or industrial
secrets thus creates a shadow system of exchange resisting the

55

56

asymmetries of development in the world economy. However, its
illegality serves as a pretext for the governments and companies of
the core to devise and impose fur


hich no form of commodity production can escape.
By the beginning of the twentieth century, copyright expanded to
a number of other forms of creativity, transcending its primarily
literary and scientific ambit and becoming part of the broader
set of intellectual property rights that are fundamental to the
functioning and positioning of capitalist enterprise. The corporatization of the production of culture and knowledge thus brought
about a decisive break from the Romantic model that singularized
authorship in the pe


hers by self-­financing their own work in the hope of topping
the sales charts, rankings, or indexes; and help markets develop
along winner-­takes-­all principles.
The level of concentration in industries primarily concerned with
various forms of intellectual property rights is staggering. The film
industry is a US$88 billion industry dominated by six major studios
(PwC 2015c). The recorded music industry is an almost US$20
billion industry dominated by only three major labels (PwC 2015b).

59

60

The publishing


our present moment of truth.
Digital networks have expanded the potential for access and
created an opening for us to transform the production of knowledge and culture in the contemporary world. And yet they have
likewise facilitated the capacity of intellectual property industries

to optimize, to cut out the cost of printing and physical distribution.
Digitization is increasingly helping them to control access, expand
copyright, impose technological protection measures, consolidate
the means of distribution, and c


intellectual property in Mars, Medak & Sekulic 2016


ities that are required in order secure the
continuous consent of society's members to
its organisational arrangements.
230

Taken literally

OW NER S H I P R EG I M ES

Both the concept of private property over
land and the concept of copyright and
intellectual property have their shared
evolutionary beginnings during the early capitalism in England, at a time when
the newly emerging capitalist class was
building up its position in relation to the
aristocracy and the Church. In both cases, new actors entered into th


d corporations handling production and
distribution did not last long and, with
time, that balance started to lean further
towards protecting the interests of the corporations. With the growing complexity of
companies and their growing dependence
on intellectual property rights as instruments in 20th century competitive struggles, the economic aspect of intellectual
property increasingly passed to the corporation, while the author/inventor was
left only with the moral and reputational
element. The growing importance of intellectual property rights for the capitalist
economy has been evident over the last
three decades in the regular expansions of
the subject matter and duration of protection, but, most important of all – within
the larger process of integration of the capitalist world


dge and culture for all members of society.
SHAD OW P U B L I C L I B R A R I ES

Public library as a space of exemption from
commodification of knowledge and culture
is an institution that complexifies the unconditional and formulaic application of
intellectual property rights, making them
conditional on the public interest that all
members of the society have the right of
access to knowledge. However, with the
transition to the digital, public libraries
have been radically limited in acquiring
anything they could l


culture and knowledge that
digital distribution could make possible
at a very low cost, but with considerable
change in the regulation of intellectual production in society.
Since such change would not be in the
interest of formulaic application of intellectual property, acts of civil disobedience to
that regime have over the last twenty years
created a number of 'shadow public libraries'
that provide universal access to knowledge
and culture in the digital domain in the way
that the public libraries are not allowed


intellectual property in Medak 2016


have become the economic
basis for the monopolies dominating the commanding heights of the global
economy to protect their dominant position in the world market. The levels of
concentration in the industries with large portfolios of various forms of
intellectual property rights is staggering. The film industry is a US$88
billion industry dominated by six major studios. The recorded music industry
is an almost US$20 billion industry dominated by three major labels. The
publishing industry is a US$120 billion industry,


intellectual property in Mars & Medak 2017


existing strategies for struggle against these
developments. What are their main strengths and weaknesses?
MM & TM: Contemporary problems in the field of production, access,
maintenance and distribution of knowledge regulated by globally harmonized
intellectual property regime have brought about tremendous economic, social,
political and institutional crisis and deadlock(s). Therefore, we need to revisit and
rethink our politics, strategies and tactics. We could perhaps find inspiration in the
world of free software


of private property should not be taken
for granted. Private property can and should be permanently questioned,
challenged and negotiated. This is especially the case in the face of artificial
scarcity (such as lack of access to knowledge caused by intellectual property in
context of digital networks) or selfish speculations over scarce basic human

256

KNOWLEDGE COMMONS AND ACTIVIST PEDAGOGIES

resources (such as problems related to housing, water or waterfront development)
(Mars, Medak, & Sekulić, 2016).
The st


onditions? How do you go about them?
MM & TM: We could situate the Public Library project within the structure of
tactical agency, where one famously moves into the territory of institutional power
of others. While contesting the regulatory power of intellectual property over
access to knowledge, we thus resort to appropriation of universalist missions of
different social institutions – public libraries, UNESCO, museums. Operating in an
economic system premised on unequal distribution of means, they cannot but fail


intellectual property in Medak, Mars & WHW 2015


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 sys


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 endan


intellectual property in Sekulic 2015


easing and systematic enclosure that took place in the late 1970s and
1980s as "a tidal wave of commercialization transformed software from a
technical object into a commodity, to be bought and sold on the open market
under the alleged protection of intellectual property law" (Coleman 2012:
138). Stallman, who worked as a researcher at MIT's Artificial Intelligence
Laboratory, detected how "[m]any programmers are unhappy about the
commercialization of system software. It may enable them to make more money,
but it req


ent. The
gesture that enabled the creation of a free software community that yielded
the complex field of digital commons was not a perfect line of code. The
creation of GNU General Public License (GPL) was a legal hack to counteract
the imposing of intellectual property law on code. At that time, the only
license available for programmers wanting to keep the code free was public
domain, which gave no protection against the code being appropriated and
closed. GPL enabled free codes to become self-perpetuating. Everyt


ital realm as
a whole) by articulating it in another field: just as property is the product
of constant negotiations within a society, so are legal regulations. After
some time, he was joined by "[m]any free software developers [who] do not
consider intellectual property instruments as the pivotal stimulus for a
marketplace of ideas and knowledge. Instead, they see them as a form of
restriction so fundamental (or poorly executed) that they need to be
counteracted through alternative legal agreements that treat knowle


lmost endlessly on forums. It is even possible to detect a loose
community of "Internet users" who took to the streets all over the world when
SOPA (Stop Online Piracy Act) and PIPA (Preventing Real Online Threats to
Economic Creativity and Theft of Intellectual Property Act) threatened to
enclose the Internet, as we know it; the proposed legislation was successfully
contested.

Free software projects that represent the core of the digital commons are most
of the time born of the initiative of individuals, but their


jects fail because they do not get picked up by the intended
community, as the community is not offered a chance to partake in its creation
and, more importantly, its regulation.

## Building common infrastructure and institutions

"The expansion of intellectual property law" as the main vehicle of the trend
to enclose the code that leads to the act of the creation of free software
and, thus, digital commons, "is part and parcel of a broader neoliberal trend
to privatize what was once under public or under the state'


intellectual property in Sollfrank 2018


ntents 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 dig


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_


ews/nature-s-10-1.21157> (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


intellectual property in Sollfrank, Francke & Weinmayr 2013


nounced by Central Saint Martins without using the word piracy.
That’s interesting, the problems it still causes…

Cornelia Sollfrank: And how do you announce the project without “Piracy”? The
Project?

E. W.: It’s a project about intellectual property.

C. S.: The P Project.

Andrea Francke, Eva Weinmayr: [laugh] Yes.

[00:52]
Andrea Francke: The Piracy Project is a knowledge platform, and it is based
around a collection of pirated books, of books that have been copied by
people. And we use it to raise discussion about originality, authorship,
intellectual property questions, and to produce new material, new essays and
new questions.

[01:12]
E. W.: So the Piracy Project includes several aspects. One is that it is an
act of piracy in itself, because it is located in an art school, in a library,
in an off


intellectual property in Sollfrank & Kleiner 2012


ute to a common creative stock of characters, plots, ideas. But
that, of course, is not conducive to making knowledge into a commodity that
can be sold in the market. [08:00] So as we got into a market-based society,
in order to create this idea of intellectual property, of copyright, creating
something that can be sold on the market, the artist and the author had to
become individuals all of a sudden. [08:16] Because this kind of iterative
social dialogue doesn’t work well in a commodity form, because how do you


. [09:37] So it was radical artists, like the
Situationist International, or artists that had strong political beliefs, the
American folk musicians like Woody Guthrie – another famous example. [09:47]
And all of this people were not only against intellectual property. They were
not only against the commodification of cultural work. They were against the
commodification of work, period. [09:57] There was a proletarian movement.
They were very much against capitalism as well as intellectual property.

[10:04]
Examples of Anti-Copyright

[10:08]
C.S.: Could you give also some examples in the artworld for this
anti-copyright, or in the cultural world?

[10:15]
DK: Well, you know Lautréamont’s famous text, “plagiarism is nec


in a song book of his. [11:11] And many
others – the whole practice is associated with communises, from Dada to
Neoism. [11:18] Much later, up to the mid-1990s, this was the dominant form.
So from the birth of copyright, up to the mid-1990s, the intellectual property
was being questioned on the radical fringes of artists. [11:34] For me
personally, as an artist, I started to become involved with artists like
Negativland and Plunderpalooza – sorry, Plunderpalooza was an act we did;
Plunderphonics is an album by


t any derivative work must
also be licenced under the same terms, under the copyleft terms. [15:38] This
is what we call viral, in that it perpetuates license. This is very clever,
because it takes copyright law, and it uses copyright law to create
intellectual property freedom, within a certain context. [15:55] But the
difference is, of course, that we are talking about software. And software,
economically speaking, from the point of view of the way software developers
actually make a living, is very different. [16


book world.
[24:00] The entire copyright law – the so-called "good copyright" that
protected artists – was all based on the idea of the mechanical copy. And the
mechanical copy made a lot of sense in the printing press era where, if you
had some intellectual property, you could license it through mechanical
copies. So every time it was copied, somebody owed you a royalty. Very simple.
[24:26] But in a Web 2.0 world, where we have YouTube, Facebook, Twitter and
things like that, this doesn't really work very well.


tragedy because it
actually undermines the whole idea and brings the author back to the surface,
back from the dead. But the author kind of remerges as a sort of useful idiot,
because the "some rights reserved" are basically the rights to sell your
intellectual property to the publisher in exactly the same way as the early
industrial factory worker would have sold their labour to the factory.

[28:36]
C.S.: And that creates by no means a commons.

[28:41]
It by no means creative a commons, right. Because


intellectual property in Stalder 2018


ppears in Wikipedia\'s entry titled "List
of Text Editors." This list, however, is probably incomplete.

[80](#c3-note-0080a){#c3-note-0080}  In this regard, the most
significant legal changes were enacted through the Copyright Treaty of
the World Intellectual Property Organization (1996), the US Digital
Millennium Copyright Act (1998), and the EU guidelines for the
harmonization of certain aspects of copyright (2001). Since 2006, a
popular tactic in Germany and elsewhere has been to issue floods of
cease-and-desis


intellectual property in Tenen 2016


o the Free Library Congress at Akademie Schloss Solitude, in
Stuttgart. The event is not really called the »Free Library Congress,« but
that is what I imagine it to be. It will be a meeting about the growing
conflict between those who assert their intellectual property rights and those
who assert their right to access information freely.

Working at a North American university, it is easy to forget that most people
in the United States and abroad lack affordable access to published
information – books, medical re


zen science or simply due diligence on the part of patients, litigants, or
primary school students in search for reputable sources? Wherever library
budgets do not soar into the millions, research involves building archives
that exist outside of the intellectual property regime. It involves the
organizational effort required to collect, sort, and share information widely.

A number of prominent sites and communities emerged in the past decade in an
attempt to address the global imbalance of access to information. Amo


e widest possible distribution of knowledge in human
society.« Compare this with Google’s mission »to organize the world’s
information and make it universally accessible and useful.« [2] The two
visions are not so different. Sci-Hub violates intellectual property law in
many jurisdictions, including the United States. Elsevier, one of the world’s
largest scientific publishers, has filed a complaint against Sci-Hub in New
York Southern District Court. [3] Of course, Google also continually finds
itself at odds with intellectual property holders. The very logic of
collecting and organizing human knowledge is, fundamentally, a public works
project at odds with the idea of private intellectual property.

Addressing the judge directly in her defense, Elbakyan appeals to universal
ethical principles, like those enshrined in Article 27 of the United Nations
Declaration of Human Rights, which holds that: »Everyone has the right to
freely participate i


intellectual property in Tenen & Foxman 2014


y. We encompass
this dual dynamic under the term "peer preservation," where the
logistics of "peers" and of "preservation" can sometimes work at odds to
one another.

Academic literature tends to view piracy on the continuum between free
culture and intellectual property rights. On the one side, an argument
is made for unrestricted access to information as a prerequisite to
properly deliberative democracy.^[5](#fn-2025-5){#fnref-2025-5}^ On this
view, access to knowledge is a form of political power, which must be
eq


cultural
sphere, which, in order to prosper, must provide proper economic
incentives to content creators.^[7](#fn-2025-7){#fnref-2025-7}^

It is our contention that grassroots file sharing practices cannot be
understood solely in terms of access or intellectual property. Our field
work shows that while some members of the book sharing community
participate for activist or ideological reasons, others do so as
collectors, preservationists, curators, or simply readers. Despite
romantic notions to the contrary, reading


e MIT Press, 1999.

Calandrillo, Steve P. "Economic Analysis of Property Rights in
Information: Justifications and Problems of Exclusive Rights, Incentives
to Generate Information, and the Alternative of a Government-Run Reward
System, an." *Fordham Intellectual Property, Media & Entertainment Law
Journal* 9 (1998): 301.

Calhoun, Craig. "Information Technology and the International Public
Sphere." *In Shaping the Network Society: the New Role of Civil Society
in Cyberspace*, edited by Douglas Schuler and Peter Day,


y Is Causing Its Decline." *American Behavioral
Scientist*, December 2012, 0002764212469365.

Harris, Michael H. *History of Libraries of the Western World*. Fourth
Edition. Lanham, Md.; London: Scarecrow Press, 1999.

Hughes, Justin. "Philosophy of Intellectual Property, the." *Georgetown
Law Journal* 77 (1988): 287.
http://heinonline.org/HOL/Page?handle=hein.journals/glj77&id=309&div=&collection=journals.

Hugo, Victor. *Works of Victor Hugo*. New York: Nottingham Society,
1907.

International Publishers Associatio


racy in Emerging Economies*. Social Science
Research Network, March 2011.
[http://piracy.americanassembly.org/the-report/.](“http://piracy.americanassembly.org/the-report/”).

Landes, William M., and Richard A. Posner. *The Economic Structure of
Intellectual Property Law*. Harvard University Press, 2003.

Larkin, Brian. "Degraded Images, Distorted Sounds: Nigerian Video and
the Infrastructure of Piracy." *Public Culture* 16, no. 2 (2004):
289--314.

---------. "Pirate Infrastructures." In *Structures of Participa


25-6}
7. [Brian R. Day "In Defense of Copyright: Creativity, Record Labels,
and the Future of Music," *Seton Hall Journal of Sports and
Entertainment Law*, 21.1 (2011); William M. Landes and Richard A.
Posner, *The Economic Structure of Intellectual Property Law*
(Harvard University Press, 2003). For further discussion see
Steve P. Calandrillo, "Economic Analysis of Property Rights in
Information: Justifications and Problems of Exclusive Rights,
Incentives to Generate Information, and the Alternative of a
Government-Run Reward System" *Fordham Intellectual Property, Media
& Entertainment Law Journal* 9 (1998): 306; Julie Cohen, "Creativity
and Culture in Copyright Theory," *U.C. Davis Law Review* 40 (2006):
1151; Justin Hughes "Philosophy of Intellectual Property,"
*Georgetown Law Journal* 77 (1988): 303.
[[↩](#fnref-2025-7)]{.footnotereverse}]{#fn-2025-7}
8. [[piracylab.org](“http://piracylab.org”).
[[↩](#fnref-2025-8)]{.footnotereverse}]{#fn-2025-8}
9. ["Set the Fox to Watch the Geese:


intellectual property in Thylstrup 2019


e dream is far from realized, however. Since the EU has no direct
legislative competence in the area of copyright, Europeana is the center of a
natural tension between three diverging, but sometimes overlapping instances:
the exclusivity of national intellectual property laws, the economic interests
toward a common market, and the cultural interests in the free movement of
information and knowledge production—a tension that is further amplified by
the coexistence of different legal traditions across member states.3


: Hitler’s _Mein
Kampf_. A common conception has been that _Mein Kampf_ was banned after WWII.
The truth was more complicated and involved a complex copyright case. When
Hitler died, his belongings were given to the state of Bavaria, including his
intellectual property rights to _Mein Kampf_. Since Hitler’s copyright was
transferred as part of the Allies’ de-Nazification program, the Bavarian state
allowed no one to republish the book. 80 Therefore, reissues of _Mein Kampf_
only reemerged in 2015, when the copy


EU Institute for Advanced Study. Available at SSRN; .
36. Bodó, Balazs. 2016. “Libraries in the Post-Scarcity Era.” In _Copyrighting Creativity: Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property_ , ed. Helle Porsdam. New York: Routledge.
37. Bogost, Ian, and Nick Montfort. 2009. “Platform Studies: Frequently Asked Questions.” _Proceeding of the Digital Arts and Culture Conference_. .
38. Bor


Venture With Belgian Museum.” _New York Times_ , March 12. .
233. Philip, Kavita. 2005. “What Is a Technological Author? The Pirate Function and Intellectual Property.” _Postcolonial Studies: Culture, Politics, Economy_ 8 (2): 199–218.
234. Pine, Joseph B., and James H. Gilmore. 2011. _The Experience Economy_. Boston: Harvard Business Press.
235. Ping-Huang, Marianne. 2016. “Archival Biases and Cross-Sha


intellectual property in Weinmayr 2019


g
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


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]’.


e 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 governm


ive 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


ve
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 ins


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


’, ’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 pira


uralise 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 proje


isual Artists and the Academic and
Museum Visual Arts Communities: An Issues Report (New York: College Art
Association).

Barron, Anne (1998) ‘No Other Law? Author–ity, Property and Aboriginal Art’,
in Lionel Bently and Spyros Maniatis (eds.), Intellectual Property and Ethics
(London: Sweet and Maxwell), pp. 37–88.

Barthes, Roland (1967) ‘The Death of the Author’, Aspen, [n.p.],


Benjamin, Walter (1970) ‘The Author as Producer’ in New Left Revie


‘Band Paintings: Kim Gordon Interviews Richard
Prince’, Interview Magazine, [http://www.interviewmagazine.com/art/kim-gordon-
richard-prince#](http://www.interviewmagazine.com/art/kim-gordon-richard-
prince)

Halbert, Deborah J. (2005) Resisting Intellectual Property (London:
Routledge).

Hall, Gary (2016) Pirate Philosophy, for a Digital Posthumanities (Cambridge,
MA and London: The MIT Press).

Harrison, Nate (29 June 2012) ‘The Pictures Generation, the Copyright Act of
1976, and the Reassertion of Authorship


eneration-the-copyright-act-of-1976-and-the-reassertion-of-
authorship-in-postmodernity/>

Heller-Roazen, Daniel (2009) The Enemy of All: Piracy and the Law of Nations
(New York: Zone Books).

Hemmungs Wirtén, Eva (2004) No Trespassing, Authorship, Intellectual Property
Rights and the Boundaries of Globalization (Toronto: University of Toronto
Press).

Home, Stewart and Florian Cramer (1995) House of Nine Squares: Letters on
Neoism, Psychogeography & Epistemological Trepidation,


her 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


ly, 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


rn
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 seque


th 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


ernance 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


’, 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.


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,


’ 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 deb


intellectual property in WHW 2016


ors of the
project have said.8 Public Library develops devices for the free sharing of
books, but it also functions as a platform for advocating social solidarity
in free access to knowledge. By ignoring and avoiding the restrictive legal
regime for intellectual property, which was brought about by decades of
neoliberalism, as well as the privatization or closure of public institutions,
spatial controls, policing, and surveillance – all of which disable or restrict
possibilities for building new social relations an


yet-to-becreated social and/or physical environment deemed crucial to its life and
livelihood”.17 Public Library works on the basis of commoning and tries to
enlist others to join it, which adds a distinctly political dimension to the
sabotage of intellectual property revenues and capital accumulation.
The political dimension of Public Library and the effort to form and
publicize the movement were expressed more explicitly in the Public Li14
15
16

17

Robert Pfaller, On the Pleasure Principle in Culture: Illusion

 

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