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In an age when the difference between original and copy becomes increasingly<br />

meaningless, it seems appropriate to observe the cognitive process by which a phenomenon<br />

is perceived as authentic. This would be the transition from an authenticity of the<br />

work (substance-based logic) to an authenticity of observation (process-based logic). 11<br />

And yet, authenticity is not just a category of observation, but also a function of<br />

technological materials.<br />

The Media Law of the Original<br />

The other guarantor of the notion of the original is the law: the legal discourse is interested<br />

in the direct links between originality and contractual rights. One answer of the art<br />

market, which has an interest in the continuation of an economy based on the original,<br />

is the hybrid of the original edition: one of its institutional guarantors is the museum as<br />

a medium for the systematic limitation of works and their reproduction. The trace of the<br />

aura is inscribed on the juridical notion of the original when - as in the discourse of mediaeval<br />

reliquary cults - tactility becomes the authority of the reproduction - a criterion<br />

that is itself technological: "Everything produced from the original plaster is a cast, an<br />

edition; everything not produced from the original plaster is a reproduction."<br />

But what makes a digital image an original, what a copy? Does the answer to this<br />

question depend on the degree of digital resolution when scanning, comparable to the<br />

television copyright category of transmittable material. Copiers, fax machines and scanners<br />

were exempt from copyright fees when they managed less than two pages per minute,<br />

with the effect that computer manufacturers kept the output of their machines artificially<br />

low (so users went abroad to acquire faster drives). "Last week, these brakes to<br />

digital progress have been removed." 12 Digital sampling - whether in the area of acoustics<br />

or optics - makes the media-archaeologically radical difference between analogue<br />

and digital obvious - with regard to quotation rights. We have to remember that it was<br />

the magnetic tape (audio and video) which made it possible for radio and television, original<br />

media of broadcasting and transmission, to find their way into the cultural memory,<br />

because it allowed storage. And this includes individual artistic practice such as the<br />

Loops of the video artist Klaus vom Bruch:<br />

I stole images from television and, from them I created my personal archive with<br />

which to work iconographically. The archive is my resource for a picture machine. The war<br />

pictures, for instance, reached back to a time before my own. I reached into the archive<br />

for pictures full of history. 13<br />

Thus, what is at stake is the cognitive difference between original and fake. Hans<br />

Ulrich Reck describes the television effects of an aesthetics of video clips, using the<br />

example of a video of the shooting of the Rumanian dictator Ceaucescu at the end of<br />

1989, which suggested a real-time broadcast although they were actually a media fake.<br />

But it is the fake which represents the reality of these media. And this is why the<br />

accusation of non-authenticity is no longer justified. Where the genuine is missing, it makes<br />

no sense to speak of the false. 14 - 150 -

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