The latest entry in CREATe’s Working Paper Series is now available to download. Copyright and Freedom of Expression: A Literature Review by Yin Harn Lee, with a preface and summary by Emily Laidlaw and Daithi MacSithigh, reflects on the tensions within the relationship between copyright and freedom of expression, particularly with the emergence of the digital environment and expansion of copyright law. The review traces the nature of the debates about the interaction between copyright and free speech, treatment by the courts (focusing mainly on UK (in its wider European context) and USA jurisdictions), specific scenarios where the issues are particularly acute, and current proposals for reform.
The author and contributors hope that this Working Paper provides insight to the reader on what remains an uncertain area of the law. They invite comments to help inform the second stage of this project, whereby they’ll evaluate the need for an independent ‘free speech’ copyright exception (and consider the shape that such an exception might take) and seek to translate the knowledge contained in the literature review into practical advice for businesses and lawmakers on how to reconcile copyright and human rights law.
A forthcoming workshop in 2015 (details to be confirmed) will provide a forum for these issues to be discussed further, and its outcomes, together with this literature review, are expected to include the publication of an impact assessment tool.
The latest entry in CREATe’s Working Paper Series is now available to download. Collective Management Organisations, Creativity and Cultural Diversity by John Street, Dave Laing and Simone Schroff of the University of East Anglia assesses the contribution to creativity offered by Collective Management Organisations (sometimes known as Collecting Societies, Authors Societies or Performing Rights Organisations). The authors concentrate on the music industry and in doing so examine the European Union’s attempt to reform the CMO in the name of creativity (among other goals), comparing the performance of CMOs in different national settings.
The authors argue that by pursuing these two routes, they can contribute to an understanding of the part played by public policy and institutional intermediaries in fostering creativity.
IP in the Creative Economy
CREATe, University of Glasgow, Scotland, UK
2-3 September 2015
Call for Extended Abstracts, Full Papers and Proposals for Themed Sessions will close on Wednesday, May 20, 2015. Please visit the conference website www.epip2015.org
CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy, will host the 10th Annual Conference of the EPIP Association (European Policy for Intellectual Property) association in Glasgow, September 2-3, 2015. Scholars and practitioners interested in the economic, legal, political and managerial aspects of intellectual property rights are encouraged to attend the conference with or without scientific paper presentation.
EPIP 2015 is organised in cooperation with the European Commission who will participate in several panels.
The research team from CREATe’s new project at The University of Edinburgh on The Copyright Hub & Emergent Infrastructures for IP Trading explain their research goals. By comparing various emergent policy- and business-led initiatives in the creative economy, they attempt to capture, at an early stage, the constitution and evolution of new infrastructures designed to reduce the costs of securing licenses to use copyrighted works. The post was written by PhD candidate Hung The Nguyen.
The history of copyright can be traced back to the enactment of Statute of Anne in 1710, designed to incentivise writers. Much has changed in the world over the subsequent three hundred years. Nowadays, questions are raised over whether copyright and intellectual property (IP) are still able to provide the necessary incentives for creativity in a modern world or whether they have become outdated laws which obstruct innovation and economic growth.
Philip Schlesinger, Professor in Cultural Policy at the University of Glasgow, and Deputy Director of CREATe, reflects on a recent workshop held at the University of Glasgow.
I convened The Lateral Seminar, a one-day workshop, which took place on 16 March 2015, to push forward new thinking on CREATe’s socio-cultural research and to look for potential points of integration of research conducted to date.
CREATe understands law, and in particular copyright law, to be a key condition for cultural production. Current far-reaching change in the digital environment requires us to develop a new framework that permits a more integrated approach to CREATe’s diverse portfolio of work. That’s why we engaged in some lateral thinking.
Contributors on the day were Raymond Boyle (Glasgow), Martin Kretschmer (Glasgow), Angela McRobbie (Goldsmiths), Keith Negus (Goldsmiths), Burkhard Schafer (Edinburgh), John Street (UEA) and Robin Williams (Edinburgh).
Stimulated by short talks given by each of the participants, several emergent themes were discussed. In essence, the workshop’s red thread of argument went like this: it is now essential to regroup work deriving from CREATe’s first two years, irrespective of where it has been situated in the original thematic set-up; it is, furthermore, important to inform continuing work as far as possible with a new framework that effects more integration and therefore adds value to what has been done; and finally, there are topics that we can identify now that might inform the next phase of CREATe’s work.
CREATe’s Carolina Bandinelli and Angela McRobbie both from Goldsmiths, University of London summarise some findings from their work exploring how questions of Intellectual Property impact on the professional practices of designers and design teams within the fashion industry.
The Fashion Work Package for CREATe has focused on a number of intersecting questions. What is it like to embark on a small fashion enterprise in recent years? How do young designers actually create their own working environment as part of the process of establishing a name for themselves soon after they have graduated from a degree course? And in this context how do questions of IP and copyright impact on their everyday practice? We also wanted to open out the study to include three cities in Europe, i.e. London, Berlin and Milan, first to get a sense of how different urban environments and creative industry policies affected these small-scale enterprises and second and more significantly to see how in a European context the reality of the economic recession and wide-scale unemployment was pushing young creative graduates to invent careers for themselves. What we report below is an initial summary and comment on the Milan CREATe work.
CREATe Investigator Dr. Daithí Mac Síthigh from University of Newcastle Law School offers his thoughts from attending the recent Designing Smart Cities Conference at the University of Strathclyde in Glasgow. This account originally featured on Daithí’s Lex Ferenda blog.
The event was organised by CREATe Deputy Director Professor Lilian Edwards – she also came up with the title of this post!
I’m just returning from a fascinating two-day conference on ‘designing smart cities’ at the University of Strathclyde, chaired by Prof. Lilian Edwards (who is responsible for the title of this post) and supported by CREATe, Horizon, and Glasgow City Council.
I particularly enjoyed this event. I have an on-off academic interest in the interactions between law and the city (which brings in geography and architecture) (seen most obviously in my ‘virtual walls’ article), and further personal interests in transportation and in modernist architecture. And, of course, in both domains, “technology”. Glasgow has received Government funding after a competition: see Future City Glasgow, and so was an ideal location.
There are various plans for audio, articles and the like; these are just a few quick first impressions. No offence to those omitted – my note taking varied across the two days, especially in and around my own contributions. (I was there to speak on the sharing economy, which is work at an early stage, and leading me into interesting place – I had a lively lunchtime conversation about English vs London vs Scottish taxi and private hire licensing, on which I could bore for, well, Scotland/London/England…).
Dr. Michael Brown, CREATe investigator and Human Factors Research Fellow from Horizon Digital Economy Research at the University of Nottingham offer a perspective of his recent experiences interviewing semi-professional photographers.
Over the last few months I’ve been interviewing ‘Pro-Am’ photographers to explore their practices, especially around the use of information about photos themselves (meta-data). These photographers are people that have been paid for their work but don’t do photography as their ‘day job’. They reported capturing and using all manner of meta data: Time, date and place of capture, camera setting and social setting. How this information is captured is as variable as what is captured with various combinations of digital and non-digital solutions used for the management of meta-data. Pens and paper, smart phones, complex multi-level folder systems and even social media sites are used to record this information. While most seem to have quite a relaxed attitude towards controlling information, for others it seems the flow and control of meta data is almost as important as the act of photography itself. Continue reading
CREATe researchers were invited to the Scottish Parliament on 18 March to showcase cutting edge social science research in the ‘Social Science Making a Difference’ event. Supported by the Scottish Parliament and ESRC, and organized by the Universities of Glasgow and Edinburgh, the event brought together more than 100 attendees from various organizations and stakeholders working with and benefiting from social science research and academic researchers from the Universities of Glasgow and Edinburgh.
The specialist research centres and projects selected to present their work on this occasion shared with attendees their latest social science research findings which address key societal challenges of the day, showcased the solutions they have developed through interactive multimedia resources and appraised them of key upcoming events.
Post by Bartolomeo Meletti, Lead Producer of CopyrightUser.org (a co-production between CREATe, University of Glasgow and Bournemouth University)
On Thursday 19th March 2015, the Digital Catapult Centre hosted the second in the series of workshops entitled ‘Understanding UK Copyright Law’, a joint initiative of the Digital Catapult, CREATe, CopyrightUser.org, and the Copyright Hub. The purpose of these workshops is to provide useful guidance about copyright to different sectoral groups of the creative industries, starting from the questions and concerns that these groups have. The first workshop of the series was held at the Digital Catapult Centre on 3rd December 2014, and was addressed to photographers and illustrators. On 19th March, the focus was on the music sector and the event attracted more than 40 attendees from London and across the UK, consisting mainly of songwriters, composers, and music producers.