Duchamp Is My Lawyer: The Polemics, Pragmatics, and Poetics of UbuWeb

Common Knowledge 29 (1):117-118 (2023)
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Abstract

A few years ago, I found myself sitting next to a renowned Language poet at a poetry reading in a crowded downtown Manhattan venue. A longtime fan, I introduced myself and shared with him that I had just taught some of his infamously challenging poems in a poetry class at Tel Aviv University and that students were very responsive. When I mentioned that it was hard to get hold of some of his books but that we had found the poems online, he told me how glad he was that, thanks to the internet, his work is accessible in Tel Aviv and everywhere else. Unable to resist the temptation to play language games with a Language poet, I responded by saying that his work was actually far from accessible. This pun/paradox seems to me to apply as well to the online archive UbuWeb—a “pirate library consisting of hundreds of thousands of freely downloadable avant-garde artifacts.” Founded in 1996, UbuWeb provides access to cultural artifacts in the form of video, text, and sound, works that are difficult to access not just because they are obscure, forgotten, unknown, rare, out of print, or otherwise hard to find, but because, as avant-garde, part of their operation involves, let us say, problematizing accessibility.UbuWeb's story is the subject of Duchamp Is My Lawyer, an accessible memoir/manifesto, deftly written by its founder and near-sole operator, the luminary conceptual artist Kenneth Goldsmith (“UbuWeb is mostly just me”). Its title, which Goldsmith takes from Virgil Abloh, raises at least two questions: Why does Ubu need a metaphorical lawyer, and why would Duchamp fill the bill? The first question has to do with the precarious legality of the website, which, as Goldsmith tells us in detail, almost never asks for permission from copyright holders, uploading materials first and dealing with consequences later. Much of the book deals with the maneuvering involved with “hiding in plain sight”—interpreting “fair use” broadly, and standing up to scary-sounding cease-and-desist letters that sometimes come from parties who are not even the actual rights holders of the material. Instead of playing the game of compliance, Ubu partakes in an anti-capitalist, free-for-all gift economy, never paying or asking for payment for the priceless treasures it houses. The democratic vision seeps into the selection and organization of the material on the website, which throughout the book Goldsmith describes as boundary-blurring, jumbled, unstable, biased, subjective, incomplete, fluid, idiosyncratic, and nonhierarchical.But again, why Duchamp? Ushering in an entire avant-garde tradition that Ubu celebrates, archives, and manifests in its own rebellious, outlaw spirit of operation, Duchamp, a hero in the book and, presumably, for its author, functions as both precedent and justification. After all, Ubu duplicates what Duchamp did in his most famous artistic intervention: the repurposing of found objects. In that sense, as Goldsmith writes, “UbuWeb can be considered one enormous appropriative artwork, a giant collage, which appropriates not a single object but rather the entire history of the avant-garde.” While the word entire is perhaps a stretch (and inconsistent with Goldsmith's many descriptions of the site's collection as inevitably partial and subjective), UbuWeb is best appreciated, I think, as a giant work of art made of works of art (some of which are themselves, in the tradition of “found art” and collage, made of works of art), a creative noncreation and akin to Goldsmith's own notion of “uncreative writing.” The radical accessibility it offers, from which so many users around the world continue to benefit, has thankfully not curtailed the equally radical inaccessibility of the material within.

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