Author Archives: Martin

Martin Kretschmer at the Westminster Media Forum on Copyright and Brexit

“The UK’s rational option is to develop a more open innovation system at home while encouraging the EU to pursue bad copyright policies. But this is unlikely to happen.” Martin Kretschmer reports on the Westminster Media Forum:  On 22 June 2017, I spoke at the Westminster Media Forum on Brexit and the UK’s future approach to copyright: exceptions, originality thresholds and creator reward. I developed a simple argument for a panel chaired by Lord Clement-Jones. Other discussants included James Bennett (Head of Rights and Licensing, Copyright Licensing Agency), Imogen Heap (Recording Artist and Creative Executive Officer, Featured Artist Coalition), Ben White (Head of Intellectual Property, British Library) and Susie Winter (Director of Policy and Communications, The Publishers Association). Since the transcript … Continue reading

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Reform gone wrong: an Opinion by the European Copyright Society

The European Copyright Society has published a consolidated Opinion on the EU Copyright Reform Package, currently making its way through the Committees of the European Parliament. The Opinion welcomes the broad policy objectives of the proposals but severely criticises the fragmented approach. The proposals do not achieve harmonisation, author and consumer interests are overlooked, private ordering may trump flexibilities, and the evidence base for the most serious interventions (Art. 11 Neighbouring right for publishers; Art. 13 Platform liability) is poor. The full opinion can be downloaded here, or from the website of the European Copyright Society.

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Blockchain or the Chaingang?

CREATe is publishing today a new working paper by Dr Jeremy Silver, CREATe Industry Fellow and incoming CEO of the Digital Catapult. Blockchain or the Chaingang? Challenges, opportunities and hype: the music industry and blockchain technologies Music Ally is launching Jeremy’s report at an event in London, hosted by City firm ReedSmith (Thursday 12th May, 18:00-21:00): Blockchain: music without the middlemen? Paul Brindley (CEO and Co-founder, Music Ally) writes: This Music Ally event will serve as both the launchpad of the first in-depth report on what blockchain really means for the music industry and a forum to help build a practical consensus around the next steps to enable the industry to take full advantage of blockchain technologies.

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Call for Papers, European Policy for Intellectual Property (EPIP 2016, University of Oxford, 3-5 September)

There are only two weeks left to submit abstracts, papers and panel proposals to EPIP 2016, the 11th Annual Conference of the European Policy for Intellectual Property Association hosted by the Oxford Intellectual Property Research Centre. Don’t miss the deadline for the leading interdisciplinary IP policy conference. The full call for papers is here: http://www.epip2016.org/ Conference dates: September 3rd (Saturday), 4th (Sunday) and 5th (Monday), 2016 Final paper submission deadline: 13 March 13th (Sunday), 2016

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The Quest for Balance in CJEU Copyright Jurisprudence, as explained by Judge Malenovský

By Marcella Favale, CREATe Researcher, and Research Fellow, Bournemouth University

logo_curiaOn 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.

malenovsky

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.

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CREATe: a research centre at the intersection of law, technology and social science

CREATe’s Director Martin Kretschmer introduces the CREATe Festival (Royal Society of Arts, London, 24 June 2016): Research matters. And it matters most where there are fault lines in society. Fault lines may appear unbridgeable, and (to stay in the metaphor) they are places where quakes and social separation can occur. CREATe’s core concern is the future of creative production, and in particular the relationship between law and digital innovation. What is the role of copyright, among alternative modes of identification, appropriation and finance? As we come to the end of the first phase of the CREATe project, it is becoming clear that the creative economy needs to be understood in the context of the radical challenge to industrial structures posed by … Continue reading

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Private copying: A pause for thought in Copydan (C-463/12)?

The European private copying exception under Art. 5(2)(b) of the 2001 Information Society Directive, and its varying implementations among EU member states, is continuing to cause a great deal of controversy and litigation. The Musicians’ Union (MU), The British Academy of Songwriters, Composers and Authors (BASCA) and UK Music have just launched an application for Judicial Review of the UK implementation that introduced a narrowly conceived exception for “Personal Copies for Private Use” on 1 October 2014 – without providing for compensation. There is also an ever-longer string of cases before the Court of Justice of the European Union (ECJ), challenging the basis for charging compensatory copyright levies on media and equipment that may be used for making private copies. At the … Continue reading

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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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“Copyright Education and Awareness” – CREATe and CopyrightUser.org in a report by Mike Weatherley MP to the Prime Minister

Post by Bartolomeo Meletti, Lead Producer of CopyrightUser.org [a co-production between CREATe, University of Glasgow and Bournemouth University]

weatherley-createOn Friday 10 October 2014, Mike Weatherley MP stood down from his role as Intellectual Property Adviser to the Prime Minister. On the same day he published the third and final report produced in his capacity as IP adviser: Copyright Education and Awareness. Following two copyright papers called Search engines and Piracy and ‘Follow the Money’, Mike Weatherley’s latest contribution considers copyright education and awareness activities in the UK. It also offers a number of recommendations with the goal of achieving “[g]reater coherence and coordination between industry, Government, academia and all other relevant stakeholders to deliver an effective positive message about the importance of IP to all our benefits”. Several recommendations explicitly address CREATe and in particular the project CopyrightUser.org.

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Copyright Exceptions in Parliament

The letter reproduced below was sent on 6 June 2014 by UK Intellectual Property Law Professors to the Parliamentary Scrutiny Committee on Secondary Legislation, addressing (in their view unjustified) concerns about the implementation of new copyright exceptions for Parody and Quotation, and Personal Copying for Private Use. The letter was cited in the House of Commons Grand Committee on 9 July and in the House of Lords on 29 July. The exceptions will now come into force on 1 October 2014. Update 30 July 2014: The Copyright Regulations 2014, introducing exceptions for Parody and Quotation, and Personal Copying for Private Use were passed by the House of Lords on 29 July. Hansard transcript link below, including motion to approve by the … Continue reading

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