New Working Paper: Photographic Copyright and the Intellectual Property Enterprise Court in Historical Perspective

A new paper in the CREATe Working Paper series is now available: Photographic Copyright and the Intellectual Property Enterprise Court in Historical Perspective by Elena Cooper and Sheona Burrow. Elena Cooper is a Postdoctoral Researcher in Copyright Law, History and Policy and a Leverhulme Early Career Fellow. Sheona Burrow is Postdoctoral Research Fellow (Part time).

The paper provides an in-depth case study of the enforcement of copyright in photographs by some contemporary rights-owners: freelance professional photographers who derive income from the exploitation of photographic copyright. Referring to the theoretical framework of Guido Calabresi and A Douglas Melamed, the article reflects on the implications for the nature and function of copyright in a specific context today. It explores contemporary experience alongside the enforcement of copyright by professional photographers in the past (the late nineteenth/early twentieth centuries), noting the influence of the bureaucratisation of copyright exploitation (i.e. exploitation through picture libraries) on legal decision making in a particular forum today: the Intellectual Property Enterprise Court Small Claims Track.

The full abstract and downloadable paper can be accessed from here: Photographic Copyright and the Intellectual Property Enterprise Court in Historical Perspective

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Join us for a Copyright Awareness Hour on Twitter: Friday 25 May @ 2pm

CREATe will be hosting a #copyrighthour on Friday 25th May at 2pm (GMT+1). Join copyright specialist and CREATe Industry Fellow Naomi Korn when she will be answering copyright questions and signposting useful resources for museums and cultural institutions.

Naomi will answer through her Twitter account @NKorn with support from CREATe (@copyrightcentre) and Copyright User (@copyrightuser). Please use the hashtag #copyrighthour in questions for Naomi.

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New Working Paper: Modelling the Evolution of the TV Drama Production Sector in the UK

Now available is a new paper in the CREATe Working Paper series: Modelling the Evolution of the TV Drama Production Sector in the UK by Richard Paterson.

Richard Paterson is a Senior Research Fellow and Honorary Professor at the Centre for Cultural Policy Research at the University of Glasgow. He was a CREATe Industry Fellow and the former Head of Research and Scholarship at the BFI. This exploratory paper considers the evolution of drama production companies in the UK against the backdrop of regulatory interventions. It poses the question of what was it that made a successful drama production company as the context of TV production changed.

The full abstract and downloadable paper can be accessed from here: Modelling the Evolution of the TV Drama Production Sector in the UK.

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Apply for a Marie Skłodowska-Curie Individual Fellowship with CREATe

Are you interested in exploring copyright’s next frontier? Do you want to do that while working at CREATe? Apply for a Marie Skłodowska-Curie Individual Fellowship with CREATe as a host institution!

Marie Skłodowska-Curie Actions (MSCA) are set of EU funding initiatives supporting research, training and career development focused on innovation skills. The programme funds worldwide and cross-sector mobility that implements excellent research in any field – a “bottom-up” approach. Endowing researchers with new skills and a wider range of competencies, while offering them attractive working conditions, is a crucial aspect of the MSCA. In addition to fostering mobility between countries, the MSCA also seek to break the real and perceived barriers between academic and other sectors, especially business. Several MSCA initiatives promote the involvement of industry and NGOs  in doctoral and post-doctoral research: for more details see here.

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Report: Dataset Licensing Workshop – ‘Choose the Right Rights, Use the Data Right’

Post by Ally Farnhill, CREATe PhD Student and Graduate Teaching Assistant.


The recent Dataset Licensing workshop “Choose the Right Rights, Use the Data Right,” took place on Friday 6 April 2018 at the Hilton Grosvenor Hotel, Glasgow. The event saw professionals from a variety of backgrounds come together to discuss the crucial and complex area of research data licensing, with a focus on Open Access. The Dataset Licensing project is the result of a collaboration between CREATe, the Research Information Management team at the University of Glasgow, and JISC. The project aims to identify specific issues around the licensing of datasets, including the current move towards increasingly Open Access resources, and to facilitate deeper understanding and greater confidence in dealing with these complex issues.

The whole day workshop followed an earlier scoping event, and provided a valuable opportunity to review progress from December’s event, and discuss the issues in more depth. The workshop comprised four group sessions, during which attendees were encouraged to review a series of draft information sheets in their groups, in addition to two informative presentations.

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Open Letter: The EU Copyright Directive is failing

Academics from 25 leading Intellectual Property research centres in Europe have today published an open letter, expressing grave concerns at the legislative direction of the proposed copyright directive.

After a balanced draft report by the European Parliament’s Rapporteur Therese Comodini (Comodini Report, issued on 10 March 2017 [LINK]), recent texts coming from the new Rapporteur Axel Voss [LINK] and the Bulgarian Presidency [LINK] of the Council of the European Union appear to be sliding towards a compromise that fails the aims of the Directive to improve choice, access and fairness in the digital environment.

There is scientific consensus
–      that the proposed exception for text-and-data-mining in Art. 3 will not achieve its goal to stimulate innovation and research if restricted to certain organisations,
–      that the proposals for a new publishers’ right under Art. 11 will favour incumbent press publishing interests rather than innovative quality journalism,
–      and that the proposals for Art. 13 threaten the user participation benefits of the e-Commerce Directive (2000/31/EC) which shared the responsibility for enforcement between rightholders and service providers.

The Open Letter (reproduced below) articulates these concerns.  Continue reading

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New Copyright Guidance for Museums & Galleries + Copyright Awareness Hour Announcement

Copyright specialist and CREATe Industry Fellow Naomi Korn marks World IP Day with the launch of new Copyright Guidance for Museums & Galleries, and announces an upcoming Copyright Awareness Hour.


Museums are creators and commissioners of copyright works, consumers of content created by others, and custodians of collections in which they may or may not own the rights. How they subsequently identify, clear, manage and use these rights is an operational issue with potential high resource issues. If they choose to build business models on these rights, provide access and allow reuse, the way that they incorporate those rights within long term planning will ultimately impact upon strategic objectives. In particular, how organisations achieve the appropriate balance between charging and/or controlling access and re-use of their assets, and on the other hand, what is available openly and/or for free, is crucial and indicative of the challenges facing most publicly funded cultural heritage organisations in the UK. This is a pressing and complex issue, and one intrinsically linked to a number of internal and external drivers, competing agendas and challenges including:

• How to avoid dealing with rights issues on a piece meal basis, which reduces their ability to deal efficiently with rights, protecting and optimising their rights, and creating a holistic approach to rights management.
• Their digital strategic direction: the desire to communicate across multiple platforms of delivery, including social media, third party sites like Google platforms and Europeana
• Their appetite and approach to risk.
• Legislative requirements.
• Constant advances in digital technology & user expectations.
• Developments in licensing (specifically Creative Commons licences) and funding requirements.
• Working with staff, volunteers, contractors, interns and students.

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The Text and Data Mining exception in the Proposal for a Directive on Copyright in the Digital Single Market: Why it is not what EU copyright law needs

1) Introduction

The Proposal for a Directive on Copyright in the Digital Single Market (the Proposal) contains a number of provisions intended to modernise EU copyright law and to make it “fit for the digital age”.[1] Some of these provisions have been object of a lively scholarly debate in the light of their controversial nature (the proposed adjustment of intermediary liability for copyright purposes contained in Art. 13, see here at p. 7) or because they propose to introduce a new right within the already variegate EU neighbouring right landscape (i.e. the protection for press publishers contained in Art. 11).

Far less attention has attracted the provision contained in Art. 3 of the Proposal dedicated to “Text and data mining” (however, see here and here). The goal of Art. 3 is to introduce a mandatory exception in EU copyright law which will exempt acts of reproduction made by research organisations in order to carry out text and data mining for the purposes of scientific research. In this blog, Thomas Margoni and Martin Kretschmer discuss Art. 3 and explain why its formulation – although underpinned by the right innovation policy goal – is wrong.

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Conference Report: More Than Just a Game, QMUL

Image (c) QMUL

On the 5th and 6th of April 2018, I was privileged to attend the More Than Just a Game (MTJG) conference, organised by Dr Gaetano Dimita and the Centre for Commercial Law Studies at Queen Mary University of London. The event was held in Ironmongers Hall, Barbican, London.

The event focusses on cutting-edge legal and regulatory issues in the games and interactive entertainment markets, and this year primarily focussed on issues with artificial intelligence (AI) and current regulation issues in the gaming environment. A link to the full programme of the conference is available here.

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Register Now: Official Launch of the OpenMinTeD Platform

Registration is now open for the official launch of the OpenMinTeD platform, in Brussels on Thursday 24 May 2018. The event comprises a number of discussions throughout the day on the way forward for Text and Data Mining (TDM). If you are a publisher or repository manager, a TDM software provider or developer, researcher, SME, company, funder or government employee, feel free to register and participate in this open discussion. A full programme and booking link are available here: http://openminted.eu/openminted-invites-you-to-an-all-around-tdm-experience/

OpenMinTeD (Open Mining Infrastructure for Text and Data) is the H2020 e-infra project aiming to develop a registry for text and data mining services and tools. This will allow researchers, research institutions and data providers to find, use and combine resources for TDM purposes thereby enhancing the scientific playing field of the EU. Open MinTeD is run by a consortium of 16 EU partners. CREATe/University of Glasgow coordinates the legal interoperability activities which are conducted mainly within working group three (WG3). For more information about the project, see www.openminted.eu and services.openminted.eu.

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