CREATe at the Barras: ESRC Festival of Social Science

This weekend, CREATe staff will become market stallholders, as we bring our research to the Barras market in the east end of Glasgow. CREATe is taking part in in ‘The Barras Social’, a College initiative to celebrate the ESRC Festival of Social Science, bringing university research to a new environment. Reasearchers from across the College of Social Sciences will present their work on stalls across the famous Barrowlands Market, alongside the regular stallholders.

Using the ‘Digitising the Edwin Morgan Scrapbooks’ project as a way to explores issues of authorship and ownership of copyright, visitors will be able to make their own scrapbooks on an interactive board and to take away, creating their own unique works and re-using works made by others.

Join us at ‘The Barras Social’ for activities, exhibitions and films throughout the day, looking into some of the big questions about equality and change in our society. The event takes place on Saturday 12 November from 10am – 9pm, with the stalls running until 4pm.  Further information can be found here.
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CREATe Event: Open Innovation Design Jam 2016

design_jam_imageOn 10th November 2016, join us at the University of Glasgow for the Open Innovation Design Jam competition. Design jams are fun, interactive brainstorming sessions in which teams develop innovative solutions to challenges.

This event is an opportunity for innovators, SMEs, creators and IP practitioners to explore open, collective and user-led innovation. Following presentations by leading experts in management, strategy and IP law, teams will form and compete to solve business model challenges involving open or collectively managed IP inputs. How can businesses generate and capture value from open or collectively managed intellectual property? What are the benefits and costs of opening IP portfolios to competitors and user-innovators? How is creativity becoming more dynamic and more distributed, and what does this mean for the digital economy?

The afternoon will include lunch and time allotted for teams to work on their pitches. Facilitators will guide teams through five phases of the ‘design jam’ format. These involve understanding, definition, ideation, prototyping and testing.

Pitches will be judged by a panel of experts and the day will close with an awards ceremony and drinks reception. There is £1200 in prizes are available for the winning and runner-up teams. All participants will benefit from the input of team mentors, IP and management experts and facilitated networking opportunities to meet open-minded innovators from the UK and beyond.

The event is part of the ESRC Festival of Social Science and is organised locally by Dr Kris Erickson (CREATe) and Natacha Estèves (PhD Candidate Sciences Po). For free registration and to learn more about the Open Innovation Design Jam, see the main event page here.

Eventbrite - Open Innovation Design Jam

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Trade mark protection of public domain works: CREATe academics contribute to Opinion by European Copyright Society

CREATe research has explored the public domain in the context of copyright law. However, can cultural works that are in the public domain as a matter of copyright law, be protected as registered trade marks? The European Copyright Society has just published an Opinion on a case that raises this issue. The Drafting Committee for the Opinion included Prof. Lionel Bently (University of Cambridge) and Prof. Estelle Derclaye (University of Nottingham).

The case (E-05/16), pending before the EFTA Court (which interprets the Agreement on the European Economic Area, as it applies to European Free Trade Association states), concerns applications filed by the Municipality of Oslo to register as trade marks some 90 visual works and sculptures by the Norwegian artist Gustav Vigeland. Vigeland’s works, which are displayed in Oslo’s famous Vigeland Sculpture Park and the Vigeland Museum, are no longer protected by copyright, as this expired in 2014. The questions before the EFTA Court, referred by the Norwegian Board of Appeal for Industrial Property Rights, concern the application of absolute grounds of refusal under the Trade Marks Directive (Directive 2008/95/EC) to subject matter that is in the public domain as a matter of copyright law.

The European Copyright Society Opinion, which is available to download on-line, acknowledges that the cumulation of different forms of intellectual property, in general, should not be problematic; different IP rights serve different functions. However, cases of ‘dysfunctional cumulation’ may arise: where cumulation ‘may distort competition’ or where ‘one area of intellectual property law undermines the rationales and objectives of protection in another.’ In such circumstances the proper approach, argues the Opinion, should be to read the ‘co-equal bodies of law’ in ways that ‘reconcile and best effectuate their respective purposes.’

In the case of copyright and trade mark law, ‘dysfunctional cumulation’ may arise ‘where a copyright work has clearly evolved in the cultural domain and has a particular cultural and/or artistic significance’. The Opinion identifies a number of basic principles of trade mark law (e.g. functions of a trade mark, distinctive character, exclusions from registration, limits on scope of protection) which ‘should be sufficient’ to prevent such undesirable cumulation in most cases, though, in some cases, courts may need to resort to public policy (an absolute ground for refusing a trade mark). It then addresses the specific questions raised by the reference, concerning the proper interpretation of various absolute grounds of refusal under the EU Trade Marks Directive (Art. 3(1)(f) public policy/morality, 3(1)(e)(iii) shapes which give substantial value to goods, 3(1)(b)-(c) distinctive character/signs which serve in trade to indicate kind, purpose etc. of goods).

The European Copyright Society was founded in 2012 and brings together scholars from across the European Union; its focus is critical and independent thinking about European Copyright Law. Other Opinions issued by the Society can be found here: https://europeancopyrightsociety.org/how-the-ecs-works/ecs-opinions/

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Public Lecture: Press publisher rights in the proposed Directive on Copyright in the Digital Single Market

Continuing our lecture series on topical policy issues, Prof. Raquel Xalabarder (Chair of Intellectual Property, Universitat Oberta de Catalunya, Barcelona, Spain) discusses the press publisher rights in the proposed Directive on copyright in the Digital Single Market.

RWhere: University of Glasgow, Humanities Lecture Theatre
When: Wednesday, November 2nd, 17:30

After several failed national attempts (notably, in Germany and Spain) to secure remuneration for press publishers to be paid by news aggregation services, the proposed Directive on copyright in the Digital Single Market grants press publishers exclusive rights that would allow them to authorise and prohibit digital uses (such as news aggregation) for a period of 20 years. We will examine the consistency of the proposed text, as well as national experiences, and will debate their further implications within the copyright system such as with the rights of other publishers and the CJEU rulings that linking to contents freely available online does not qualify as an act of communication to the public (Svensson, BestWater, GSMedia), etc.

The public lecture is free and open to everyone. Please register to secure a seat.

The Humanities Lecture Theatre is the University’s only lecture theatre preserved in its original Victorian wooden amphitheatre layout, and marked as Room 255 on this map. It can be accessed off the West Quadrangle, or (easier to find) via the Lion and Unicorn staircase from Professors’ Square.

Join us for this public lecture on Wednesday November 2nd, at 17:30.

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ISHTIP 2017 – Call for Papers now open

As previously reported, CREATe, Glasgow was proud to host the 8th Annual Workshop of the International Society for the History and Theory of Intellectual Property in July 2016. We are pleased to announce that the Call for Papers for the next Annual Workshop – to be held at the University of Toronto, Canada, 12-14 July 2017 – is now open. Exploring the theme of ‘IP as Circulation and Control’, the Workshop invites proposals for papers from both established and junior scholars, from all countries and disciplines, exploring this theme from historical and/or theoretical perspectives. The Call for Papers is available for download here:

http://www.ishtip.org/?p=816

More about ISHTIP (including the 2016 Workshop hosted by CREATe) can be found here:

http://www.ishtip.org

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CopyrightUser.org at the Creative Lenses Forum in London

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Panel session at Creative Lenses Forum, Chelsea College of Arts, University of the Arts London.

On 13 October 2016, CREATe producer Bartolomeo Meletti presented CopyrightUser.org at the Creative Lenses Forum at Chelsea College of Arts, University of the Arts London, which brought together thinkers and managers from arts and cultural organisations, business and academia to explore business model innovation in independent arts venues and performing arts organisations. The event was the first of a series of eight Fora of Creative Lenses, a four-year European action research project that seeks to make arts and cultural organisations more resilient and sustainable by improving their business models and developing their long-term strategic and innovation capacities.
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Public Lecture: Copyright Reform in a Brexit environment

Martin Kretschmer speakingPublic Lecture: Copyright Reform in a Brexit environment
By Prof. Martin Kretschmer (Director of CREATe, the RCUK Copyright Centre)

Where: University of Glasgow, Humanities Lecture Theatre,
When: Wednesday, October 19th, 17:30

This event is part of the CREATe Public Lecture Series 2016. Also see page here.


On September 14th, the European Commission presented a package of proposed copyright reforms under the banner of promoting a Digital Single Market (DSM).

In fact, the initiative tries to overcome a legislative stalemate of 15 years (since the Information Society Directive of 2001), during which the job of migrating copyright law into a digital world had been largely left to the European Court of Justice.

Among the measures announced are potentially far reaching interventions, such as establishing the principle that online rights need to be cleared only in the country of origin (bypassing the need to acquire licences in 28 EU countries – though the provision applies only to broadcasters at this stage). Continue reading

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EU proposals not fit for modern needs, says Copyright Caucus of ‘Insiders’

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Photo-illustration by Arnau Busquets Guàrdia/POLITICO (Source images by Getty Images, Spotify)

POLITICO, the trendy political news outfit, has published the results of its first copyright caucus, in an ongoing series polling leading policymakers and influencers on transatlantic and European issues.

Representatives from media and technology companies, academics (including CREATe director Martin Kretschmer) and politicians were asked to assess the European Commission’s proposed copyright reforms. The results are not pretty. Heavily criticising the proposed changes, four-fifths of the caucus described them as “unfit for the 21st century.

Read the full story here, with a full list of caucus participants here.

 

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View from the Association of Internet Researchers (AoIR) Conference, Berlin

internetrules_banner-08CREATe researchers Kris Erickson and Martin Kretschmer traveled to Berlin this past week to present a paper with co-author Fabian Homberg, ‘Is Originality Overrated? Measuring the success of original and recombinatory works on Kickstarter’ [Download slides]. We were joined in Berlin by CCPR researcher Inge Sorensen, who presented her paper on the (d)evolution of British public service media’s professional standards and codes of conduct across social networks. This was our first outing at AoIR, and we found it to offer a stimulating set of topics and approaches with considerable relevance to research in CREATe. Below in this blog post, I highlight some of the most interesting presentations we attended at the conference and explore potential implications for future research.

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CREATe contributes to British Crime Historians Symposium, 7-9 October 2016

Last weekend, the University of Edinburgh hosted the fifth British Crime Historians Symposium, bringing together a broad range of scholars working on historical perspectives on crime from the disciplines of law, the humanities and the social sciences. This included a presentation by CREATe’s Dr Elena Cooper about intellectual property law and criminalisation. The full paper, to be published in Landmarks on Intellectual Property Law, (Hart Press, 2017) provides original historical insights into the position of intellectual property crime in criminal law frameworks today. The paper is preliminary to Dr Cooper’s new three-year project to commence at CREATe in January 2017, funded by the Leverhulme Trust and mentored by Prof. Lindsay Farmer, exploring the history of the role of the criminal law in the category we today know as intellectual property law.

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