Implementing the Copyright Directive: A new web resource

The process of reforming copyright in the European Union did not finish with the adoption of Directive on Copyright in the Digital Single Market (CDSM) in April 2019. The CDSM Directive now has to become a part of national laws of all Member States (and EEA countries). They have until 7 June 2021 to transpose the Directive’s provisions.

We have been tracking the complex process of EU law making and providing evidence on copyright in the EU Digital Single Market through our EU Copyright Reform resource page since 2016. Continuing this work, and to provide an independent academic perspective on the transposition of the CDSM Directive, we are today launching a new web resource: Copyright in the Digital Single Market – Implementation.

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OpenAIRE – Webinars on legal aspects of data regulation for research

OpenAIRE, the European Open Science infrastructure, recently organised two public webinars within the Legal Policy Webinar series. They were live streamed on April 29th and May 4th and the recordings, including slides, are available here. The aim was to provide a legal perspective on research data regulation (e.g. ownership, access, processing, storing, reuse, licensing, etc) both from a copyright and data protection (GDPR) point of view.

Presenters in both events were OpenAIRE’s experts Thomas Margoni (Senior Lecturer in IP and co-director of CREATe at the School of Law, University of Glasgow), Prodromos Tsiavos (Senior Legal Advisor – ARC/ Head of Digital and Innovation – Onassis Group), and Jacques Flores Dourojeanni (Research Data Management Consultant Utrecht University Library). They offered a legal and practical overview of research data regulation and of the contributions (e.g. FAQs, Guides, Fact-sheets, etc) that OpenAIRE has developed in this area. In light of the current health crisis some of the practical examples discussed were focused on biomedical sciences and medical data. Continue reading

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New Opportunities: Two Interdisciplinary Postdocs at CREATe

An exciting opportunity has arisen for postdoctoral work on two externally funded projects: the AHRC Creative Industries Policy and Evidence Centre (PEC), working with Professors Martin Kretschmer, Philip Schlesinger and Gillian Doyle; and the H2020 funded consortium reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe, working with Dr Marta Iljadica, Dr Thomas Margoni and Professor Martin Kretschmer.

Post Details

  • Research Associates CREATe Centre – Two Posts
    Duration: 1-2 years, 1 post in collaboration with the Centre for Cultural Policy Research, CCPR
  • Grade 7: £35,845 – £40,322 per annum
  • Vacancy Ref: 037849
  • Closing date: 4 June 2020

For more information and to apply online: 
https://www.jobs.ac.uk/job/CAA096/postdoctoral-research-associate

Informal enquiries may be made to Dr Marta Iljadica (H2020): marta.iljadica[at]glasgow.ac.uk; or Professor Martin Kretschmer (PEC): martin.kretschmer[at]glasgow.ac.uk

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New Working Paper: The Fundamental Right to Property and the Protection of Investment: How Difficult is it to Repeal New Intellectual Property Rights?

CREATe presents the second entry in our series of working papers released in 2020: “The Fundamental Right to Property and the Protection of Investment: How Difficult is it to Repeal New Intellectual Property Rights?”.

This working paper by Martin Husovec, (CREATe Fellow, Assistant Professor, Tilburg School of Law & Affiliated Scholar, Stanford CIS) is a pre-print of a chapter due to be published in the Research Handbook on Intellectual Property and Investment Law (edited by Christophe Geiger) in June 2020. The paper was also delivered as a CREATe public lecture at the University of Glasgow on 6 February 2019 (read the full report here). Continue reading

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Webinar Report: Intellectual Property for Research (SGSAH)

How does intellectual property impact the creativity and research outputs of doctoral researchers? CREATe team member, Amy Thomas (RTA, Copyright Evidence Wiki Sub-Editor), explored this question in a webinar supported by Vitae and IPO, and in collaboration with the Scottish Graduate School of Arts and Humanities (SGSAH) on 23 March 2020. The webinar considered two main facets of intellectual property: first, how the law recognises and protects creativity, and; secondly, how researchers can exploit that creativity effectively.

The webinar began with a presentation by Mario Moustras (Leadership & Talent Development Coach), who provided an overview of the main types of intellectual property, whilst delving deeper into particular concerns about copyright protection of creative products and research outputs. Mario’s presentation was followed by applied case studies by Claire Squires (Director, SGSAH), Amy Thomas (CREATe) and Colin Kirkpatrick (Senior Knowledge Exchange Manager, Glasgow School of Art) to demonstrate how copyright can be used in context. Claire provided valuable knowledge on publishing concerns for researchers, whilst Amy and Colin illustrated more specific case examples of Arts & Humanities students exploiting their creative outputs ‘in real life’. Continue reading

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New Working Paper: Text and Data Mining in Intellectual Property Law: Towards an Autonomous Classification of Computational Legal Methods

CREATe presents the first entry in our series of working papers released in 2020: “Text and Data Mining in Intellectual Property Law: Towards an Autonomous Classification of Computational Legal Methods” by Thomas Margoni (CREATe Co-Director, Senior Lecturer in Intellectual Property and Internet Law).

The paper is part of CREATe’s research developed within the project reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe founded by the European Union’s Horizon 2020 research and innovation program (grant no 870626).

The paper is forthcoming in Irene Calboli and Maria Lilla’ Montagnani (eds), Handbook on Intellectual Property Research (Oxford University Press 2020).

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Implementing articles 14 and 17 of the Copyright Directive: Opinions of the European Copyright Society

The European Copyright Society (ECS), a group of prominent European scholars, has published two opinions on the implementation of the Directive on Copyright in the Digital Single Market into national law: the Opinion on Implementation of Article 14 and the Opinion Addressing Selected Aspects of Implementing Article 17.

Member States have till 7 June 2021 to transpose the Copyright Directive into their national laws. Article 17 is among the most controversial and most complex provisions of the Copyright Directive. To date, none of the Member States implemented this provision. You can check the current state of the Copyright Directive implementation on the CREATe’s resource page available here, and read our previous blog post on the transposition of article 15 here.

In its opinion, the ECS calls article 14 “a remarkable provision which, for the first time in the EU, grants a positive status to works belonging to the public domain, by prohibiting any regaining of exclusivity therein”. The opinion considers objects covered by article 14 (works of visual art), rights which the provision cuts back on (with emphasis on related rights), non-original reproductions (reproducing the original faithfully), as well as the temporal dimension of the provision. Several CREATe academics and fellows signed the Opinion.

The core aspects of article 17 discussed in the ECS’ opinion include: the definition of the online content-sharing service providers (OCSSPs); licensing and moderation duties of the OCSSPs; copyright limitations supporting the transformative and user-generated content; configuration of complaint and redress mechanism; the possibility of implementing direct remuneration claims for authors and performers; and the private international law aspect of applicable law.

The full text of both opinions is available here on the European Copyright Society’s website.

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Copyright Evidence Wiki April 2020 Round-Up

This is part of a series of summary posts rounding-up new entries to the Copyright Evidence Wiki (organised thematically). As part of CREATe’s workstream for the AHRC Creative Industries Policy and Evidence Centre, the Wiki catalogues empirical studies on copyright. This month, we summarise new featured studies on: Piracy, User-Generated Content and Copyright Literacy.

Piracy

What impact do streaming services have on piracy? Two new studies offer some insights. Nhan, Bowen and Bartula’s (2019) survey of university students finds that streaming services are now students’ primary means of movie consumption. As a result, more than half of the students surveyed report that they’ve stopped pirating movies due to access to these services. Further evidence from a study by Sardanelli et al. (2019) finds that external motivations (such as the category of movie) are most influential when determining whether a user will opt for a paid streaming service. The study suggests that coercion and threats of legal action are not effective in deterring piracy and re-aligning users to paid services; instead, streaming services should focus on improving the quality of their content by offering e.g. exclusive micro-series or sub-genres, which is a more effective motivator. Continue reading

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Coronavirus (COVID-19): Supporting all Copyright Users

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Illustration by Davide Bonazzi

The COVID-19 pandemic has changed our way of living and working. We want to remind everyone who is adapting to online working – including teachers and students, creators, cultural heritage practitioners, and other ‘copyright users’ – that all the resources available on CopyrightUser.org are distributed under a Creative Commons-Attribution licence. This means that you are free to use all the original materials you find on the website, such as texts, videos, animations and illustrations, for any purpose, under the only condition of crediting the author of the work.

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The implementation of the press publishers’ right in the CDSM Directive: lessons from France

Implementation to date

The implementation clock is ticking. The new directive on copyright in the digital single market entered into force on 7 June 2019, giving the Member States two years to implement its provisions. Nine months have already passed, but most of the MS are still at the very beginning of the implementation process. Only one, France, introduced some of the directive’s provisions to its national law.

Those of the MS which commenced the implementation, seem open to hearing stakeholders’ opinions. The Netherlands published a draft implementation bill and opened a public consultation in July 2019. Ireland produced four consultation papers between September and December 2019, each concerning a different part of the CDSM Directive. In January 2020, Slovakia called upon the interested parties to submit the written opinions on the directive. In case of Sweden, opinions of selected stakeholders are taken under consideration, those partaking in a reference group created by the Swedish Ministry of Justice.

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