OpenMinTeD (Open Mining Infrastructure for Text and Data) is a H2020 project that aims to make it easier for researchers to integrate the use of mined data into their daily workflows. The project will develop a registry of TDM services and tools to better equip researchers to discover, combine, and use mined data. If you’d like to learn more about the OpenMinTeD project, Thomas Margoni will be delivering a webinar on November 23rd that reports on activity relating to Text and Data Mining interoperability at the legal level. Giulia Dore describes the project in more detail below.
Not able to attend the EUhackathon 2016 in person? Don’t worry – two new videos released yesterday will help to give you a sense of the activity taking place in Brussels to visualise copyright evidence made available through CREATe’s Copyright Evidence Wiki.
CREATe is delighted to be supporting the 6th edition of the EUhackathon which takes place in Brussels on November 15-16, 2016. The event is organised by N-square Consulting and is sponsored by Google, Facebook, and Mozilla. This year’s EUhackathon revolves around visualising copyright evidence to help inform policy debate and to better support decision making processes. The goal is to combine data and academic research from various sources to raise awareness and encourage debate around the issue of copyright. Participants will mine and visualise the data in CREATe’s Copyright Evidence Wiki which contains over 600 empirical studies on copyright. This evidence could be complemented with industry data and reports, in order to achieve a greater transparency and awareness in the area of copyright. To help users to tap into the wealth of data available in the Copyright Evidence Wiki, we are pleased to announce that new user guidance has been now been published.
CREATe’s Dr Smita Kheria (Lecturer in Intellectual Property Law, University of Edinburgh) was invited to speak at a meeting of the European group of The International Federation of Musicians, in Belgrade in November 2016. The Federation’s main objective is to protect and further the economic, social and artistic interests of musicians represented by its member unions.
On a panel on Intellectual Property, Dr Kheria spoke on the recent proposal for a new EU Directive on Copyright in the Digital Single Market. She presented a critique of Articles 14 and 15 of the proposed directive which aim to create a “transparency obligation” and a “contract adjustment mechanism” to enable authors and performers to receive information on the exploitation of their works and additional remuneration. She outlined some of the key problems with these provisions, including ambiguities in the text, the nature and scope of the wording, and the potential for practical impact, if any, on authors and performers. Drawing upon her extensive empirical research for a CREATe work package, on the intersection of copyright with the everyday lives of professional creators and performers, her presentation underlined the need for a careful revision and re-calibration of the proposed directive’s provisions in order for them to properly and positively affect the working lives of musicians.
Blog post by Angela McRobbie
We are pleased to have completed the report for the first phase of our CREATe WP on Fashion Start-Ups and IP: London, Berlin and Milan. The style of the report mirrors the qualitative and observational approach we adopted. We interviewed designer and we got to know a range of experts, policy makers and fashion producers. We organised events which got people talking to each other and in many ways the life of the project took off and carries on. Overall we would like to see UK cultural policy-makers find ways of supporting more small scale independent designers with the possibility for subsidised spaces in good locations in town centres where passers-by could see and possibly buy their clothes. This is specially the case for smaller towns and cities outside London. Where shops lie empty or only are re-opened as charity shops we would like to see these interspersed with designer shops which could also make use of the back-shop as studio space. This system exists in Berlin and could be rolled out easily in many British cities. We also see the fashion design sector as a field for supporting women’s work and employment especially in the light of the economic recession and austerity. We note that IP and copyright issues are deeply embedded into the tangle of concerns which make the idea of creative entrepreneurship so difficult to sustain, despite the enthusiasm and commitment as well as talent of so many young and not so young designers.
On Saturday 12th November, CREATe staff joined university colleagues to bring a range of social science research to visitors at Glasgow’s famous Barrowlands (Barras) market. As part of the ESRC Festival of Social Sciences, the Barras Social was a day of exhibitions, games, music and family activities designed to show how research affects the public – and to allow visitors to interact directly with researchers. The university’s stalls could be found among the regular stalls in the indoor area of the market. CREATe was housed in a former blinds stall.
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.
On 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.
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/
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.
Where: 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.
Please visit the event resource page to access Professor Xalabarder’s slides and working paper.