NOTES

1 To be sure, headlines like "Tangible Dollars for an Intangible
Creation"
<http://query.nytimes.com/search/abstract?res=F30C11F83A5B0C7B8DDDAB0894
DA404482> are not always the fault of the individual journalist, but may
reflect the priorities of the periodical that prints them.

2 By comparison, Berkman affiliate Glenn Otis Brown sees constitutional
impediments to legislating a blanket "copyduty"–Stanford law professor
Lawrence Lessig's term for guaranteed access to copyrighted material.

3 At the 100th American Assembly on "Art, Technology, and Intellectual
Property," Tim Quirk of Listen.com recounted how his record label
blatantly reneged on their contract's guarantee for a second CD and
music video for his band. The record industry lawyers he spoke to all
told him he *might* recoup a few thousand dollars if he was willing to
spend three years fighting the case.

4 I've also had a dealer who visited my studio communicate my unrealized
ideas to his own artists so they could execute them. Like most artists,
I had no realistic legal resource; the gallerist's defense was "I guess
these ideas are just in the air." So much for copyright's supposed
protection of the struggling artist.

5 Some critics argue that the art world may only assimilate Internet art
that can exist in standalone versions or be shared by a "gated
community." But why not ask the art world–which is simply a big network
itself–to reinvent itself so as to accommodate the networked aspects of
Internet art? Suppose galleries and museums told sculptors not to give
them works that couldn't fit in their painting racks; what's the point
of collecting sculptures if all of them are flat?

6 According to Jupiter Media Metrix analyst David Card
<http://www.wired.com/news/ebiz/0,1272,51146,FF.html>. Artist John Simon
has developed a brisk market in very low-cost, personalized software
sold online; his model, however, isn't scalable enough to sustain an
entire artistic community. <www.numeral.com>

7 Both quotes from A Visual Artist's Guide to Estate Planning, published
by The Marie Walsh Sharpe Art Foundation and The Judith Rothschild
Foundation <http://www.sharpeartfdn.org/estateplanning.htm>.

8 An exception is Conceptual artist Lawrence Weiner's BROKEN OFF, a work
consisting of the words of the title printed on a wall (and hence easily
duplicated). Weiner declared this work to be "Collection Public
Freehold"–but like other works in the public domain, his declaration
makes no guarantee that works based on it must also be public domain.
Hence the advantage of copyleft over public domain. More recently,
Michael Stutz <dsl.org>has posted a "Design Science License" for linear
video and sound files, and the Electronic Frontier Foundation <eff.org>
has come up with an "open audio license" for music.

9 The GNU/Linux operating system, Apache Web server, and Perl
programming language are three prominent examples of open-licensed
software.

10 Depending upon the exact terms of the license, this last requirement
can prohibit *anyone* from making a profit by selling something based on
the product, or it can simply require that sellers of the product not
attempt to prevent others from distributing it for free. Red Hat Linux
is a prominent example of a commercial distributor of noncommercial
software. More at www.gnu.org.

11 These include Glenn Otis Brown, Wendy Seltzer, and Molly Van
Houweling, working under the guidance of Stanford professor Lawrence
Lessig.

12 When I was looking up historical reviews of FLUXUS performances for
the Guggenheim's Paik retrospective, many of the questions critics asked
resonated with Internet art: Is it art? Is it good? But no journalist
among the fifty-odd articles I read asked how these artists were going
to make a living off their work.

13 To say art shouldn't be sold also doesn't imply it can't be
collected, whether by private patrons or by public museums. According to
the variable media paradigm I have proposed for collecting new media, an
artwork's "heritage value" is the putative cost over time to re-create
the work to keep it alive. More on variable media at
www.guggenheim.org/variablemedia.

14 Sculptor David Smith was once rejected for a loan in his hometown of
Paulding, Ohio. He went around the corner, bought a copy of Time
magazine, showed it to the bank clerk, and was instantly approved. His
face was on the cover.

15 If an artist open-licenses some works but sells others as property,
then the extent to which she is eligible for social benefits could be
pro-rated as to how she itemized her relative expenses for these
projects.

16 As with artists, the extent of benefits would reflect the proportion
of open activity within the organization.

17 The digital sanctuary I propose, of course, is not defined by spatial
boundaries. In that sense, the digital sanctuary is akin to an
endangered species list, since the animals it protects are defined by a
predetermined criterion rather than a predefined location or species. In
terms of the criterion for protection, however, the digital sanctuary is
the opposite of an endangered list: it protects not that which is most
rare, but that which is most accessible.

18 I'm using the word "streamable" in the generic sense of anything that
can conveniently be rendered in TCP/IP and circulated online.

19 Of course, the half-life of exclusive online art has historically
been short: cf. Vuk Cosic's Documenta Done or 0100101110101101.ORG's
remake of Hell.com.