Monthly Archives: February 2018

Research Blog Series: Jurisprudence in the European Court of Justice

Continuing the Regulation & Enforcement theme of the Research Blog Series, Marcella Favale summarises two pieces of CREATe research on the European Court of Justice. Favale, Marcella and Kretschmer, Martin and Torremans, Paul L.C., Is There a EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice (August 13, 2015). Modern Law Review 79(1): 31-75 (January 2016). Available at SSRN:  https://ssrn.com/abstract=2643699 The Court of Justice of the European Union has been suspected of carrying out a harmonising agenda (e.g. making EU law more homogeneous) instead of simply interpreting EU law. Two things have been reproached to the Court, in copyright matters: 1) that it has failed to develop a coherent copyright jurisprudence (lacking domain expertise, … Continue reading

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EUI workshop – The Open Information Society: Where Are User Rights?

As part of his Fernand Braudel Fellowship at the European University Institute, Prof. Martin Kretschmer is contributing to a workshop at the EUI on 27 and 28 February 2018. Professor Peter Drahos is introducing the workshop “The Open Information Society: Where Are User Rights?” If, as some theories of innovation claim, innovation has become more networked, user-centred, and democratic then rules and rights favouring users (and therefore diffusers) of information should be the dominant regulatory tool. Openness should also be a pre-eminent value since it is said to aid discovery, innovation, access rights, market efficiency and ultimately the functioning of democratic societies. Is this what we find?

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Research Blog Series: Assessing the IP Small Claims Track

Sheona Burrow presents the CREATe project that evaluated the performance of the new IPEC Small Claims Track (introduced in 2012), for the Research Blog Series. Project: Assessing the IP Small Claims Track Investigators: Martin Kretschmer and Sheona Burrow, University of Glasgow The work package Assessing the IP Small Claims Track was designed to fill a gap in empirical knowledge of intellectual property enforcement in the UK and has complemented simultaneous research by Helmers, McDonagh and others, as well as the CREATe theme on enforcement. The IP Small Claims Track was introduced in October 2012, as Create was being established, as a forum for the resolution of copyright, design and trade mark disputes valued at less than £10,000. This project aimed to evaluate the … Continue reading

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Research Blog Series: Collective Management Organisations and Cross-Territorial Licensing

Simone Schroff presents further research from the University of East Anglia on music collecting societies, for the Research Blog Series Project: Regulating the Collecting Societies Investigators: Morten Hviid (University of East Anglia), Simone Schroff (University of Amsterdam) and John Street (University of East Anglia) Our short project examined the impact of EU-level regulation of music collecting societies (or Collective Management Organisations [CMOs]), focusing on cross-territorial licensing for streaming in comparison to analogue uses such as broadcasting. It examined the extent to which the competition between CMOs has facilitated the availability of streaming licenses for online services such as Spotify. Like copyright law, CMOs are traditionally organised along national jurisdictions, often having a de-facto or legal monopoly to administer the rights. They … Continue reading

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Research Blog Series: Collective Management Organisations and the EU Digital Single market

For the Research Blog Series, John Street presents work from the University of East Anglia exploring the EU’s attempt to reform the operation of music collecting societies. Project: Regulating the Collecting Societies Investigators: John Street, Simone Schroff, and Dave Laing, University of East Anglia Our project examined the role and regulation of the music collecting societies (or Collective Management Organisations [CMOs]), and the issues raised and resolved by the EU’s attempt to create a Digital Single Market (DSM) and a home for the newly emerging streaming services (Spotify, Apple Music, Tidal, Deezer etc.). The CMO is a key actor in the digitalised music industry, in that it is responsible for collecting and distributing the royalties that allow writers/composers to make … Continue reading

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New Web Resource: Copyright & Creative Reuse

CREATe is delighted to launch a digital resource with material from the Copyright & Creative Reuse event, held at BFI Southbank in London on 8th December 2017 as part of the CREATe Copyright & Innovation Network. The resource page brings together transcripts and slide presentations from speakers, who included film archivists and custodians, filmmakers and other creators. The morning and afternoon sessions were concluded by legal responses from leading copyright experts. The resource is available here: https://www.create.ac.uk/creative-reuse/  The event was a platform for a constructive dialogue between the people who preserve and provide access to existing films, and those who wish to reuse films in the creation of new work. We hope it will constitute the basis for a conversation on the opportunities … Continue reading

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New CopyrightX: Glasgow Course

Ally Farnhill, CopyrightX: Glasgow Assistant Teaching Fellow, writes about the Glasgow CopyrightX course, currently underway at CREATe. The CopyrightX: Glasgow course, organised by the University of Glasgow Law school and CREATe in collaboration with Harvard Law School, has opened its doors for a second year, offering a selection of IP LLM students the opportunity to deepen their knowledge of US copyright law and enjoy the benefit of in-depth, small group discussion. CopyrightX, an intensive twelve week networked course, has been offered annually since 2013 under the auspices of Harvard Law School, the HarvardX distance-learning initiative and the Berkman Klein Centre for Internet and Society, although made its highly successful debut in Glasgow in 2017. As the course website explains, the course … Continue reading

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Research Blog Series: Self-enforcing IP Law

Burkhard Schafer presents the results of research at the University of Edinburgh aiming to future-proof copyright law for the age of robotics and AI, for the Research Blog Series. Project: Self-enforcing IP Law: Life after DRM & IP Dispute Resolution: Digital evidence, e-discovery and the changing costs of litigation Investigators: Burkhard Schafer, Laurence Diver, David Komouves and Jesus Niebla Zattarain, University of Edinburgh What did your research aim to do? The aim was to future-proof copyright law for the age of robotics and AI, both in terms of substantive law, and of the software tools the legal profession will need for its implementation. In the olden days (that is, five years ago or so), two things seemed obvious: Copyright law regulates a quintessentially human … Continue reading

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Research Blog Series: Do automated tools foster or deter the promotion of cultural works in the digital economy?

The Research Blog Series continues with Sabine Jacques’ research investigating the correlation between the introduction of algorithms as copyright enforcement mechanisms and the diversity of works enjoyed by the wider public on online platforms. Project: The impact on cultural diversity of Automated Anti-Piracy Systems as copyright enforcement mechanisms: an empirical study of YouTube’s Content ID digital fingerprinting technology Investigators: Sabine Jacques, Krzysztof Garstka, Morten Hviid & John Street Sabine, Morten and John are based at the University of East Anglia while Krzysztof is at the University of Cambridge. What did your research aim to do? It aimed at understanding whether there is a correlation between the introduction of algorithms as copyright enforcement mechanisms and the diversity of works enjoyed by the wider … Continue reading

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Research Blog Series: IP Enforcement in Scotland – Copyright and the Creative Industries

Jane Cornwell from the University of Edinburgh reports on her research into IP enforcement with a focus on the creative industries in Scotland, for the Research Blog Series. Project: Copyright and Civil Enforcement Investigator: Jane Cornwell, Lecturer in Intellectual Property Law, University of Edinburgh. What did your research aim to do? My project explores IP enforcement in Scotland, with particular interest in copyright and the creative industries. How did you do it? I created a dataset on IP actions initiated at the Court of Session (the Scottish equivalent to the English High Court) from 2008 to 2014, compiled working directly from the physical case files.  I also conducted a survey and interviews among Scottish IP legal practitioners (solicitors and patent/trade mark attorneys).

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