The ‘CREATe Festival 2016’ will take place in London on 23 & 24 June. This will be a showcase of the findings of CREATe’s research programme, and a vehicle to engage with a wider community – in the CREATe spirit!
The Festival will play host to a multitude of public engagement events where delegates will be able to participate in behavioural experiments, a workshop on intellectual property and fashion, an exhibition on art forgery, the award of a hackathon prize, and the launch of CREATe’s very own tartan.
Ronan Deazley of Queen’s University Belfast and Bartolomeo Meletti, CREATe researcher and Lead Producer of CopyrightUser.org introduce their CREATe Working Paper entitled ‘Copying, Creativity and Copyright‘.
Copying and creativity are often presented in antithetical terms: if you are copying you are not being creative, and vice versa. And within the context of copyright law, copying is often conflated with concepts like theft, piracy and immorality: to copy is to attack creators trying to make a living from their work. But in truth, copying can be and often is creative. The creative process thrives upon practices of adaptation, imitation and borrowing, and copyright should and does accommodate those creative practices. The short animated film The Adventure of the Girl with the Light Blue Hair – which on 12 November 2015 won the AHRC Research in Film Award for Innovation in Film – provides a practical example of how copyright enables and encourages many forms of lawful, creative copying. In less than four minutes, the film includes over 80 instances of the lawful reuse of and reference to well-known copyright and public domain works, as well as factual information and recent copyright litigation.
CREATe has appointed its first three Industry Fellows in a scheme established to further develop and deepen connections between CREATe and its industrial partners and stakeholders. Emma Barraclough, Richard Paterson and Jeremy Silver will each work in collaboration with CREATe over a period of several months. CREATE will disseminate their outputs. The call for participation required applicants to submit a short project proposal that involved a reflection on and analysis of a topic of pressing importance or of future significance for the creative economy.
By Marcella Favale, CREATe Researcher, and Research Fellow, Bournemouth University
On 15 January, at a conference of ALAI Belgium (Association Littéraire et Artistique Internationale), Judge Jiří Malenovský of the Court of Justice of the European Union (CJEU) bravely faced a public of copyright scholars, many of whom had extensively raised concerns about decisions of the Court in their academic outputs. Malenovský is the Reporting Judge of a vast majority of copyright cases before the Court (analysed in CREATe’s study “Is there an EU Copyright Jurisprudence: An Empirical Analysis of the Workings of the European Court of Justice”). As far as European Copyright is concerned, he is The Copyright Judge.
This Annual Conference of ALAI Belgium focused on the principle of ‘communication to the public’, whose complexity was not only stated but also demonstrated by the delivered presentations. Crucially, these learned contributions did not hide their disappointment at the scarce enlightenment provided by the EU Court on the concept. Judge Malenovský’s talk, delivered in French, concluded the conference, and in his detailed defence of the Court, he set off to refute these criticisms, by explaining why and how the Court reached its conclusions.
Angela McRobbie, Professor of Communications at Goldsmiths, University of London describes a recent event exploring methods and themes in creative industries research.
The Goldsmiths/CREATe event last week (January 13th) titled ‘Concepts and Methods in a Cross-Sectoral Frame’, had the aim of encouraging invited speakers to discuss the methodologies they were working with, with a view to exchanging perspectives on the issues arising, especially those that were especially challenging. A key dynamic for the afternoon was to have one panel present topics relating to quantitative methods, followed by a panel which reflected specifically on themes emerging from CREATe work drawing on qualitative approaches. We also wanted to bring a number of the CREATe researchers together in order to initiate a debate about future directions for the creative industries.
International Society for the History and Theory of Intellectual Property
8th Annual Workshop
CREATe, University of Glasgow, UK
July 6-8, 2016
‘Intellectual Property and Resistance’
In 2016, ISHTIP comes to Scotland, the home of booksellers such as Alexander Donaldson who sought to resist the monopolistic practices of their established London-based rivals, in the so-called Battle of the Booksellers of the eighteenth century. The patriotic Scottish booksellers, newcomers to the trade, sold cheap reprints of books sold by the London booksellers, including those in which statutory copyright, under the Statute of Anne 1710, had expired. The London booksellers responded with a series of lawsuits culminating in Donaldson v. Becket (1774), relying inter alia on copyright at common law, against which the Scots resisted. As Donaldson expressed in petitioning the House of Commons in 1774: ‘your petitioner has had to struggle with the united force of almost all the eminent booksellers of London and Westminster… above one hundred of the most opulent booksellers… have in their turn, been plaintiffs against your petitioner’. The resulting cases and more general debate about the nature of literary property are today remembered as a historic occasion on which the nature of copyright, as well as the more general notion of property in intangibles, was fully debated.
Posted in News
CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy (www.create.ac.uk – based at the University of Glasgow), is funding an overview project of business models in film, music and e-fiction publishing, in order to enable a comparative perspective between developments in China and the UK.
Convergence or differentiation in IP protection? A case study of new models for digital film, music and e-fiction production and distribution in China
Crowdsourcing efforts in astronomy have led to recent discoveries, such as material orbiting star KIC 8462852. The anomalous pattern was detected by citizen scientists using the Planet Hunters tool, initiated by researchers at Yale University.
Memory institutions across Europe hold millions of documents and works of art that they would like to make digitally available. But the cost of clearing copyright in each one presents costs that many institutions can’t overcome. CREATe researchers are involved in a new project to explore how crowdsourcing can help museums and archives search for rightsholders and clear permission to use these works. The project, titled ‘Enhancing access to 20th Century cultural heritage through Distributed Orphan Works clearance’ (EnDOW) is led by Professor Maurizio Borghi at Bournemouth University. The research team consists of investigators from Bournemouth University (CIPPM), Bocconi University Milan (ASK), University of Glasgow (CREATe) and the University of Amsterdam (IViR).
Taking lessons from two successful crowdsourcing initiatives in Astronomy: Seti@home and the Kepler Planet Hunters project, in this post I explore how balancing the costs and benefits of crowdsourcing is a challenge requiring care and planning. Getting the most out of crowdsourcing requires paying attention to a feature called the ‘computability to content ratio’, as well as enabling paths to ‘private-collective innovation’ for users with different levels of commitment. Lessons for design of crowdsourcing initiatives are discussed.
CREATe’s first Working Paper of 2016 is now available to download. To Pay or Not to Pay? Determinants of Unlawful Product Acquisition by Piers Fleming, Melanie Parravano and Daniel John Zizzo presents a laboratory experiment that systematically investigates the determinants of acquisition behavior with a negative externality on a rights holder. The authors consider social and moral determinants of unlawful behavior as well as standard penalty and punishment risk trade-offs. They find that, while punishment risk and penalty size reduce unlawful behavior, they are not the only determinants that do. Moral determinants matter: there being a victim, and the victim deserving to be the rights holder, makes a difference. Social norms also matter: controlling for other variables, one point more of social appropriateness increase unlawful behavior by around 30-40%.
CREATe’s twelfth Working Paper of 2015 is now available to download. In The South Korean Music Industry: A Literature Review Keith Negus of Goldsmiths, University of London surveys the range of information and debates being addressed in writings published in English on Korean popular music and its industry, identifying and outlining salient issues addressed by existing research. Negus draws some tentative conclusions about the relevance of this research to debates about creative production, the emerging digital economy and new business models. His stated aim was to produce a selective, focused and concise review, condensing material into key points and issues rather than to engage in extended interrogation, debate and analysis.