Monthly Archives: November 2014

EU ruling: embedding does not equal copyright infringement

2014-11-28 15_33_56-Copyright User on VimeoPhilippa Warr explores the recent ruling of the European Union’s Court of Justice which states that embedding videos containing copyrighted material does not constitute copyright infringement.


The European Union’s Court of Justice has issued a ruling on 21 October 2014 which states that embedding a video containing copyrighted material does not constitute copyright infringement.

The ruling on the case BestWater International GmbH vs Michael Mebes and Stefan Potsch has yet to be published in English, but it is available in French and in the official language of the ruling (German) on the court’s website. The basic complaint was that BestWater (a producer and distributor of water filters) objected to the two sales representatives (working for competitors) embedding BestWater promotional videos on their own websites from YouTube.

The case involved Article 3, paragraph 1 of Directive 2001/29/EC, which seeks to harmonise aspects of copyright in terms of how it applies to the information society. Specifically, it states that: “Member States shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.”

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CREATe Supported Event Calls on Scotland’s Creative Industries to Improve on IP Exploitation

Mindy Grewar from the University of St Andrews describes Upping Your Game, the third in a series of IP workshops with creative industries practitioners organised by ICC and Creative Scotland, with additional financial support from CREATe.

“Make your assets sweaty”. This wasn’t the typical language we’ve been hearing during our researching of strategies for managing and exploiting IP in Scotland’s creative industries. Our work with Creative Scotland has revealed a common set of challenges—such as the need to recognise one’s IP, to know when to share it or to protect it, and how.

But from a recent workshop on IP in the Scottish games industry, the call to sweatiness –to make intellectual properties ooze with revenue potential—has, er, stuck with us.

The phrase belongs to David Wightman, whose experience with guiding Another Visitor and other media companies in the UK, US and Asia enabled him to advise games companies to operate in “stealth mode”, to be ambitious about their goals and aggressive about their management. Sweaty assets fit this strategy efficiently, because they deliver a greater return on one’s developed IP.

“Make one product and get three out of it, with different skins, for different markets”, David counselled, or consider “reverse engineering—how to get more money from your existing products.”

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The Economics of Creativity and Competition: New Markets, New Challenges

A CREATe capacity building event hosted by: Centre for Competition Policy & University of East Anglia, Norwich 4th/5th February 2015, Thomas Paine Study Centre, University of East Anglia, Norwich (see map) Context Click to view campus map Economics lies at the heart of CREATe’s mission to explore the role of copyright and new business models in the creative industries. This two-day event provided an opportunity to explore the insights and methods provided by economists and others. It was an opportunity to debate the relationship between competition and creativity; to consider how experimental economics can increase our understanding of consumers and producers; to examine the particular issues and problems that face new markets in the digital creative economy. The aim of the event … Continue reading

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Designing Smart Cities – Opportunities and Regulatory Challenges

Conference Resources A full resource page including images, audio, video and presentations from the conference is now available . Context Glasgow, and many other cities around the world, are part of the new phenomenon of “smart cities” i.e. the notion of creating innovative services, applications and delivery platforms by integrating public and private data sets at a citywide level. Glasgow was awarded £24m in 2012 to run a prototype projects based around smart transport, energy, policing and health to demonstrate how ubiquitous computing might enhance societal, economic and environmental well-being. This conference, chaired by Prof Lilian Edwards, will focus on how contemporary urban life is increasingly marked and shaped by technology, and critically assess what this means for existing societal … Continue reading

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Delegation from Korea Copyright Commission visits CREATe

A high level delegation led by the Director of Industrial Research Policy from the Korea Copyright Commission (KCC) visited CREATe, University of Glasgow, on Thursday 23 October 2014. The purpose of this visit was to explore CREATe’s approach to economic research on copyright law (an area the KCC is keen to develop) and evolve an approach to sharing policy relevant information on copyright between Asia and Europe.

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European Copyright Society on copyright limitations and exceptions in the light of the parody case ‘Suske en Wiske’ (Court of Justice of the EU, Case C-201/13, Deckmyn)

The European Copyright Society (ECS) published today an opinion welcoming the Court of Justice’s departure from a doctrine of strict interpretation of exceptions and limitations in cases in which fundamental rights such as freedom of expression are implicated. The opinion has been supported by several CREATe affiliated academics in their individual capacity. Lead drafter of the ECS opinion was Prof. Christophe Geiger, Directeur Général of the CEIPI centre, University of Strasbourg. Abstract, download link and signatures are available from our dedicated page. The Court of Justice’s judgment and the opinion of Advocate General Pedro Cruz Villalón can be found here: http://curia.europa.eu/juris/liste.jsf?num=C-201/13 The referring court Hof van beroep te Brussel (17 April 2013) and the Advocate General (14 May 2014) both cite … Continue reading

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Forthcoming Event: Copyright History and Policy

Copyright history has long been a subject of intense and contested enquiry. Historical narratives about the early development of copyright were first prominently mobilised in eighteenth century British legal discourse, during the so-called Battle of the Booksellers between Scottish and London publishers. The two landmark copyright decisions of that time – Millar v. Taylor (1769) and Donaldson v. Becket (1774) – continue to provoke debate today. The orthodox reading of Millar and Donaldson presents copyright as a natural proprietary right at common law inherent in authors. Revisionist accounts dispute that traditional analysis. These conflicting perspectives have, once again, become the subject of critical scrutiny with the publication of “Copyright at Common Law in 1774” by Prof Tomas Gomez-Arostegui. Taking Prof … Continue reading

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CREATe Working Paper 2014/16 – Copyright at Common Law in 1774

The twenty-sixth release in CREATe’s Working Paper Series is now available for download. Copyright at Common Law in 1774 by H. Tomás Gómez-Arostegui reflects on the original purpose of copyright, as reflected in a pair of cases decided in Great Britain in the late 18th century. The orthodox reading of these two cases is that copyright existed as a common-law right inherent in authors but revisionist work has challenged that reading and almost displaced the traditional interpretation. This paper offers the first critical examination of the revision, ultimately concluding that it is incorrect and that we must return to the orthodox view.

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