The latest entry in CREATe’s Working Paper Series is now available to download. Copyright Collectives and Contracts: An Economic Theory Perspective by Richard Watt (University of Canterbury and SERCI) argues that there are significant efficiency benefits from having copyrights managed as an aggregate repertory, rather than individually, based on risk-pooling and risk-sharing through the contracts between members of copyright collectives. The paper will be presented at a joint EPIP and SERCI keynote session at the University of Glasgow on September 3rd 2015.
CREATe’s seventh Working Paper of 2015 is now available to download. Is There a EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice by Marcella Favale, Martin Kretschmer and Paul C. Torremans explores suspicions that the European Court of Justice has been carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. This study aims to investigate empirically two theories in relation to the development of EU copyright law: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of European law rather than – less discretionary – semantic and systematic legal approaches).
The paper will be presented at the forthcoming European Policy for Intellectual Property (EPIP) Conference, being hosted by CREATe at the University of Glasgow from 1 – 3 September 2015.
A version of this paper has been accepted for publication by Modern Law Review (2016 Forthcoming). It is also available on SSRN at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2643699.
CREATe’s sixth Working Paper of 2015 is now available. Copyright and Music Policy in China: A Literature Review by John Street, Li Zhang, Maja Simuniak and Qingning Wang of the University of East Anglia locates copyright policy within a wider context that is defined by: 1) the effects of digitalization on the Chinese music industry; 2) the impact of China’s engagement with the global economy; and 3) initiatives taken by the Chinese government to develop its creative industries. This literature review documents English and Chinese language research into copyright policy in China. It is supplemented by news and specialist trade reports on the topic.
CREATe’s fifth Working Paper of 2015 is now available. Inside a Cultural Agency: Team Ethnography and Knowledge Exchange by Philip Schlesinger, Melanie Selfe and Ealasaid Munro undertakes an auto-critical analysis of the research team’s ethnographic study of Cultural Enterprise Office (CEO), a Scottish creative business support agency. The authors discuss the team’s composition and how this relates to other analyses of ethnographic teamwork. The research is situated in the wider policy context of the “creative-economic” turn in the UK’s research funding, accompanied by increased emphasis on “knowledge exchange” and “impact” in the drive for greater accountability in higher education.
The article is published in the Journal of Arts Management, Law, and Society, Vol. 45, Iss. 2, 2015.
CREATe and the Digital Catapult are organising an interactive workshop and roundtable event that aims to generate points of discussion and provide reliable guidance about the legislation governing the digitisation, dissemination and consumption of orphan works in the digital age. It will also be an opportunity for the organisers to better understand what archivists and curators specifically need to know about the new orphan works exception and UK licensing scheme, and copyright law in general.
Copyright and Orphan Works / London / September 29th 10:00 am – 5:00 pm
University of Strathclyde’s Technology & Innovation Centre, where the Smart Cities Conference was held
A special issue of the Society for Computers and Law Journal is now available, focusing on many aspects associated with the emergence and growth of Smart Cities. Nine articles comprise the issue, directly inspired by the CREATe-sponsored event Understanding Smart Cities: Opportunities and Regulatory Challenges, which took place at the University of Strathclyde on the 31st of March and 1st of April. This conference, chaired by Prof Lilian Edwards, focused on how contemporary urban life is increasingly marked and shaped by technology, and critically assessed what this means for existing societal norms and regulatory structures.
In his editorial, Laurence Eastham expressed his hope “that this issue will help to give technology lawyers a wider understanding of one of the most important developments of the decade and the decades to come. The aim is to deal not just with the law/regulatory aspects of smart cities but the mechanics and social impact so that the issue can be a point of reference for IT lawyers dealing with this emerging feature of society.”
The issue is available now both online and in print.
Police observe anti-Uber protests in Paris on 25 June 2015. Graffiti reads ‘Death to Uber’. Photograph by Charles Platiau.
A new call for papers
for an upcoming special issue of Internet Policy Review
explores challenges facing regulators of the ‘sharing economy’ in Europe. The sharing economy concept, now with us for over a decade, refers to the digital enablement of users to buy, sell and exchange goods and services between one another. Recently, a proliferation of networked, mobile technologies and new business models has allowed companies to profit while enabling such transactions to occur. These include businesses such as fiverr
, which connects media freelancers, writers and designers with clients who pay a small amount on a ‘per-gig’ basis. Goods and capital-sharing businesses include Spinlister
, a platform that facilitates peer-to-peer rental of bicycles, skis and snowboards.
Post by Dr. Theodore Koutmeridis, CREATe Research Fellow, reviewing a keynote by Prof. Joel Waldfogel (University of Minnesota) titled “Creative Activity and Product ‘Quality’ in Music, Movies and Books since Napster/Digitization”. The keynote was presented at a CREATe capacity building event hosted by the Centre for Competition Policy & University of East Anglia, Norwich at the conference ‘The Economics of Creativity and Competition: New Markets, New Challenges” held on 4th/5th February 2015.
Professor Joel Waldfogel, a global expert on industrial organisation and law and economics, delivered an outstanding keynote speech on “Digital Renaissance”, at a CREATe capacity building event at the University of East Anglia.
Initially, he outlined the bigger picture, highlighting the demand side challenges associated with digitisation in media industries, as well as the intertwined supply side benefits. The digital revolution altered the functioning of markets and the legal landscape in creative industries, influencing significantly recorded music, books, movies and television, among others. Future work on copyright research and policy requires better data both in size and in breadth to analyse the effects of rapid technical change.
Focusing on music recordings, Prof. Waldfogel examines empirically a unique historical event, the impact that Napster had on music quality. By comparing and contrasting physical and digital sales, before and after the introduction of Napster, he shows that there is no evidence that vintage quality has declined. Contrary to the conventional wisdom, according to which a revenue collapse decreases the quality of products, evidence suggests that the quality of music recording has increased. According to Waldfogel a potential explanation for this paradox is that digitisation allows experimentation and leads to the discovery of additional “good” music.
CREATe’s Valuing the Public Domain resource page, which consolidates reports, research summaries, links and multimedia materials is now available.
CREATe has undertaken a variety of activities exploring the value of the public domain in recent months. At the heart of this was a major research project to build understanding about how the public domain adds value to society. As a two-year knowledge exchange project it was jointly funded by the UK Intellectual Property Office (IPO), the ESRC (Grant ES/K008137/1) and CREATe.
The producer of CREATe’s Copyright User Portal Bartolomeo Meletti explains a new partnership with the Digital Catapult (an innovation centre for the UK’s best digital ideas).
CREATe and the Digital Catapult have entered a partnership to develop a set of copyright information tools that are responsive to the needs of primary creators and creative businesses in the digital world. As lead producer of CopyrightUser.org (a widely used online copyright portal, which attracted over 40,000 users since its launch in March 2014), I am being seconded from CREATe to the Digital Catapult Centre in Euston Road, London. In partnership with the Digital Catapult, we are producing events with creative groups (such as photographers, musicians and the archive sector) and developing new sectoral copyright guidance, including several video assets.