This is an exciting opportunity to join the School of Law at the University of Glasgow, and CREATe, the UK Copyright & Creative Economy Centre.
Senior Lecturer/Lecturer in Intellectual Property and Information Law (Research and Teaching)
The successful candidate will undertake research of international excellence and contribute to knowledge exchange activities relative to the discipline, contribute to learning and teaching on agreed programmes and undertake administration and service activities in line with the School/College’s strategic objectives. For appointment at Grade 8, a substantial contribution will include leading high quality research activities and delivering, organising and reviewing key areas of teaching and learning within the School.
This position is open ended and full time.
Grade, level 7/8/9, £35,845 – £40,322/£44,045 – £51,034/£52,560 – £59,135 per annum
Reference Number: 054206
Closing date: 10 May 2021
Informal Enquiries should be directed to Professor Jane Mair, Head of School: head-law-school[at]glasgow.ac.uk
Following the last week’s publication of the working paper Copyright History in Review, CREATe is delighted to present a further working paper about copyright history: a re-print of the introductory chapter of Dr Elena Cooper’s monograph Art and Modern Copyright: The Contested Image (CUP, 2018). Elena has provided this introductory note:
Art and Modern Copyright: The Contested Image is the first in-depth and longitudinal account of the history of copyright relating to the visual arts and concerns the protection of painting, engraving and photography in the UK 1850-1911. Together with the copyright history monographs which I discuss in Copyright History in Review, Art and Modern Copyright can be seen as part of a new wave of recently published scholarship which shifts the focus of copyright history away from its longstanding concern with the protection of books and literary works, to other subject matter (visual arts, drama and news). In the Introduction to Art and Modern Copyright, I argue that art added something new to the making of modern copyright law in the UK – the history of artistic copyright was in many respects distinct from the history of literary copyright – and I provide an overview of the thematic chapters of my book that substantiate that claim: the protection of copyright ‘authors’ (i.e. the claims to protection advanced by painters, photographers and engravers), art collectors, sitters and the public interest. I also make a number of more general claims about the value of copyright history. In particular, rather than looking to history to uncover a point of origin or foundational moment, I draw attention to the value of history as a destabilising influence. In taking us to ways of thinking about copyright that, in some respects, differ starkly from our own and have no authority today or continuity with the present, history can sharpen the critical lens through which we view current copyright debates and lend to us a more flexible way of thinking through legal challenges today.
In the first three reviews, concerning the work of Katie Scott (Becoming Property, 2018, Yale University Press), Derek Miller (Copyright and the Value of Performance , 2018, CUP) and Will Slauter (Who Owns the News?, 2019, Stanford University Press) I chart a change in recent copyright history scholarship: a shift in the focus of copyright history away from books and literary works to other subject matter (visual art, drama and news). These reviews can be read in conjunction with the forthcoming CREATe Working Paper Introduction to Art and Modern Copyright: The Contested Image(CUP, 2018), which is a re-print of the introductory chapter of my own recent monograph Art and Modern Copyright: The Contested Image (the first in depth and longitudinal study of copyright and the visual arts, concerning painting, engraving and photography the UK, 1850-1911). The final review concerns a collection of essays concerning the history of intellectual property more generally edited by Claudy Op den Kamp and Dan Hunter (A History of Intellectual Property in 50 Objects, 2019, CUP) which examines the history of intellectual property law through the lens of 50 different objects. Taken together, the reviews reveal the depth and breadth of historical work in the field and the richness of historical perspectives as a terrain for future study. Those interested to learn more about recent developments in copyright history may wish to attend the Roundtable discussion Copyright History, Book History and Art History: An Interdisciplinary Conversation organised by Will Slauter, and forming part of the annual conference the Society of the History of Authorship, Reading and Publishing (26-30 July 2021) – to which I will be contributing, along with Katie Scott, Oren Bracha, Marie-Stéphanie Delamaire, Ian Gadd and Will Slauter. Further details about this event will be released later this year.
The European Policy for Intellectual Property association – EPIP – announces its 16th Annual Conferencein Madrid, Spain, from 8 to 10 September 2021, hosted by the Institute of Public Goods and Policies at the Spanish National Research Council, CSIC-IPP, in Madrid, Spain. It will be organised as a hybrid conference, in which speakers and attendees will participate both from the Madrid conference venues, and online. If developments in the coming months will not allow such a hybrid format, the conference will be fully online.
CREATe presents the second entry in our series of working papers released in 2021: “The Law of Data Scraping: A review of UK law on text and data mining” by Sheona Burrow, a (part time) postdoctoral research fellow at CREATe, University of Glasgow.
The digital economy is driven by data, and the quantity of data generated by individuals and businesses is now almost beyond comprehension. Techniques and tools that can make sense of ‘big data’ are being developed and explored, but the legal environment for those seeking to make sense of third-party data can be confusing at best, and prohibitive at worst. In 2018, the General Data Protection Regulation tightened up the environment in relation to personally identifiable data for individuals, creating another layer of lengthy and complex rules for data controllers and processors. This maps onto forty years of debate on how best to protect databases – whether through existing intellectual property regimes, competition law, or through special protections that sit outside these traditional frameworks. Fundamental questions are unresolved: who owns data? Can data be treated like property? How can investment in data be recognised and supported and protected from competitors? Should it be protected at all? Does data have public value?
The Royal Society of Edinburgh (RSE) has awarded funding to establish SCOTLIN, the Scottish Law and Innovation Network. CREATe is a core partner in the application and award, and the network will be led by Guido Noto La Diega (University of Stirling), Rossana Ducato (University of Aberdeen), and Martin Kretschmer (University of Glasgow).
The SCOTLIN network will advance law & innovation research, teaching, practice, and policy in Scotland. The collaboration will bring together experts from academia, the legal professions, and representatives of civil society, responding to key issues ranging from digital privacy to the regulation of AI, from business tech-readiness through to algorithmic accountability.
SCOTLIN will launch on Wednesday, 31 March 2021 with a keynote speech by Professor Hector MacQueen (University of Edinburgh) on “Law and Innovation in Scotland: some impressionistic thoughts”.
Eventbrite registration to attend the online launch event is here. 31 March 2021: 16:00 – 17:00 BST
This post was written by Magali Eben, Lecturer in Competition Law.
The European Commission presented its Proposal for a Digital Markets Act with much aplomb in December. If adopted, the DMA would usher in a new era of market regulation for the ‘digital sector’, fundamentally changing the conduct and potentially the business models of so-called ‘gatekeepers’.
Let’s take a whistle-stop tour through the scope of the DMA, before raising some reflections on the place of the DMA within the wider framework of competition policy.
Gatekeepers providing core platform services
Only a small number of companies should start preparing to abide by the obligations in the DMA. The DMA’s intended addressees are ‘gatekeepers’ providing ‘core platform services’ to users in the European Union (Article 1 of the Proposed DMA).
There are 8 such core platform services: online intermediation services, online search engines, operating systems, online social networking, video sharing platform services, number-independent interpersonal communication services, cloud computing services and online advertising services.
This may seem like a varied list, but not every company offering a core platform service is caught. Only those who provide a core platform service and are gatekeepers have to abide by the provisions.
CREATe postdoctoral researcher Kenny Barr has responded to the UK communications regulator, Ofcom consultation: ‘Small Screen: Big Debate – Public service broadcasters and the UK production sector’. The call seeks views on, ‘…how to strengthen and maintain public service broadcasting (PSB) for the next decade and beyond, in the face of unprecedented changes to technology, financing and viewer behaviour’. These themes have significant relevance to the recent DCMS Inquiry into the Future of Public Service Broadcasting, to which CREATe also contributed. The submission to Ofcom draws on work examining ‘terms of trade’ in the television production sector currently being carried out at CREATe as part of the AHRC Creative Industries Policy and Evidence Centre (PEC).
The focus of the submission is on the potential for the ‘terms of trade’ code of practice to be extended to Subscription Video on Demand (SVoD) services that are increasingly important commissioners of television content in the UK production sector. The ‘terms of trade’ established in the Communications Act 2003 ensure producers retain an interest in intellectual property (IP) subsisting in works commissioned by Public Service Broadcasters. This intervention had catalytic effects in transforming the dynamics of the UK television production sector. Currently, SVoDs are not governed by this code of practice, and as such are not required to share control of IP with independent producers (Doyle 2016). The submission recommends this apparent disparity should be examined by policymakers. Continue reading →
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CREATe and reCreating Europe are delighted to announce that Emily Hudson will be delivering our third public lecture of this academic year. Due to Covid-19 lockdown restrictions which remain in place, this event will be hosted online.
An Empirical Perspective on Drafting Copyright Exceptions
Speaker: Emily Hudson Discussant: Bartolomeo Meletti Chair: Marta Iljadica
Date: Wednesday 24 March 17:30-19:00 GMT
Abstract: This talk brings together many of the key insights in Emily’s recent monograph, Drafting Copyright Exceptions: From the Law in Books to the Law in Action, published by Cambridge University Press in 2020. At the core of this book is an empirical case study in relation to the copyright management practices of leading cultural institutions in Australia, Canada, the United Kingdom and the United States. This fieldwork involved interviews with hundreds of people, and took place over a fourteen year period. However, the book is far more than a qualitative description of practices. Instead, it uses the case study as it engages with many foundational questions about how copyright stakeholders engage with the law, the factors relevant to their copyright decision-making, how norms – even sticky ones – can change over time, and what we can learn from all this for the drafting of copyright exceptions. This talk will be of interest not only to those involved in intellectual property law and the cultural institution sector, but those with an interest in empirical legal techniques, social norms and the literature on legal rulemaking.
CREATe presents the first entry in our series of working papers released in 2021: “A question of (e)Sports: an answer from copyright”. This working paper by Amy Thomas, a PhD candidate and Research and Teaching Associate at CREATe, University of Glasgow, is a pre-print version of an article published in the Journal of Intellectual Law and Property (JIPLP).
In the age of social distancing and self-isolation, eSports (i.e. competitive video gaming) have provided a fitting substitute for stagnating traditional sports events. With the suspension of many live, face-to-face events, eSports, as a born-digital industry, has managed to continue relatively uninterrupted through the pandemic, providing entertainment for new and existing fans alike. Whilst not necessarily a new industry in itself, this new topical interest in eSports provided the impetuous to complete the paper in time to mark 2020.
Whilst this paper was initially conceived as a response to an ongoing debate amongst sports philosophers (are eSports a ‘sport’?*), it has since evolved to a closely-related query as to the nature of eSports from a copyright perspective. Copyright plays an essential role in regulating eSports, being a derivative form of entertainment based on an underlying creative work – a video game.