Author Archives: Kerry

New Working Paper: Whither the creative economy? Some reflections on the European case

A new paper in the CREATe Working Paper series is now available: Whither the creative economy? Some reflections on the European case by Philip Schlesinger. The culture sector suffers from a lack of strategic support and financial investment. The challenge is, thus, to promote and strengthen the contribution of the culture sector to the benefit of the European economy. The paper is also a chapter in: Abbe E.L. Brown and Charlotte Waelde (eds), Research Handbook on Intellectual Property and Creative Industries, Cheltenham UK, Northampton, MA, USA: Edward Elgar Publishing, 2018, pp.11-25. It appears as the first chapter in ‘Part I Setting the Scene: What is Intellectual Property and why is it relevant to creative industries’. The paper can be accessed from here: Whither the … Continue reading

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CREATe Deputy Director Honoured in Spain

Philip Schlesinger, Professor in Cultural Policy and CREATe Deputy Director, has been made the first-ever foreign Honorary Member (Socio de Honor) of the Spanish Association for Communication Research (Asociación Española de Investigación de la Comunicación). The award was conferred on 26 June in the historic auditorium of the University of Salamanca, concluding the opening ceremony of the Spanish Association for Communication Research’s annual congress. The University of Salamanca is celebrating the eighth centenary of its foundation. Professor Schlesinger’s citation noted his long-standing and wide-ranging work in the field of communication, culture, and related public policy questions, and also his international distinction.

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New Working Paper: An empirical study of copyright clearance costs in the digitisation of Edwin Morgan’s scrapbooks

A new paper in the CREATe Working Paper Series is now available: ‘I should like you to see them some time’: an empirical study of copyright clearance costs in the digitisation of Edwin Morgan’s scrapbooks by Victoria Stobo, Kerry Patterson, Kristofer Erickson and Ronan Deazley. The inability of cultural institutions to make available digital reproductions of collected material highlights a shortcoming with the existing copyright framework in a number of national jurisdictions. Overlapping efforts to remedy the situation were recently undertaken in the form of EU Directive 2012/28/EU, the ‘Orphan Works’ directive, and a new licensing scheme introduced by the UK Intellectual Property Office (UKIPO). This study empirically evaluates both the EU and UK policy approaches, drawing on data collected during a live … Continue reading

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Upcoming event: Talk by Dr Ryan Whalen at CREATe, Wednesday 18 July

A Network Theory of Patentability: Towards an Empirical Measure of Patent Nonobviousness Date: Wednesday 18 July, 3pm Place: CREATe Hub, Room 404, 10 Professor Square Booking: Email kerry.patterson@glasgow.ac.uk to reserve a place. Book now for a talk by visiting researcher Dr Ryan Whalen from the University of Hong Kong. Abstract The nonobviousness inquiry is one of the most notoriously complex and contingent of all legal questions. The challenges faced by those tasked with determining an invention’s nonobviousness include understanding unfamiliar technologies and seeing the world from the perspective of an objective inventor, all while avoiding issues of hindsight bias.

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Deadline Approaching: Marie Skłodowska-Curie Fellowship Application

The deadline is approaching for submission of proposals for a Marie Skłodowska-Curie Individual Fellowship with CREATe as a host institution. Are you interested in exploring copyright’s next frontier? The deadline for submission of proposals is 12 September 2018. Marie Skłodowska-Curie Actions (MSCA) are set of EU funding initiatives supporting research, training and career development focused on innovation skills. The programme funds worldwide and cross-sector mobility that implements excellent research in any field – a “bottom-up” approach. Endowing researchers with new skills and a wider range of competencies, while offering them attractive working conditions, is a crucial aspect of the MSCA. In addition to fostering mobility between countries, the MSCA also seek to break the real and perceived barriers between academic … Continue reading

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How much do we know about notice-and-takedown? Guest post on Kluwer Copyright Blog

CREATe Director Martin Kretschmer and Kristofer Erickson (Associate Professor of Media and Communication, University of Leeds), have written a post for the Kluwer Copyright blog on EU copyright enforcement. The article explores the dramatic change to the regime that governs the liability of online intermediaries established with the E-Commerce Directive (Directive 2000/31/EC). The full blog post can be read here. The article on Youtube takedowns is available here, and CREATe’s resource page on EU Copyright Reform can be found here.

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“This Video is Unavailable”: New paper by Erickson and Kretschmer

The Journal of Intellectual Property, Information Technology and Electronic Commerce Law is publishing Kris Erickson and Martin Kretschmer’s article “This Video is Unavailable”: Analyzing Copyright Takedown of User-Generated Content on YouTube, in its issue available today. The study offers an important empirical perspective on the actual behaviour of rightholders in removing potentially infringing content. This matters as the European Union is seeking to create new obligations on platform intermediaries that may amount to default filtering of content uploaded by users. As Erickson and Kretschmer say: “We suggest that evolving policy on intermediary liability – for example with respect to imposing filtering systems (automatically ensuring “stay-down” of potentially infringing content) – should be carefully evaluated against evidence of actual behavior, which this … Continue reading

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Copyright Questions? Join us for #copyrighthour on Twitter: Friday 25 May @ 2pm

CREATe is encouraging questions from the GLAM (Galleries, Libraries, Archives & Museums) Sector during our #copyrighthour on Friday 25th May at 2pm (GMT+1). We are delighted to welcome copyright specialist and CREATe Industry Fellow Naomi Korn, who will be answering copyright questions and signposting useful resources for museums and cultural institutions. Naomi and her team are specialists in copyright, data protection, licensing and information law compliance. Naomi will answer through her Twitter account @NKorn with support from CREATe (@copyrightcentre) and Copyright User (@copyrightuser). Please use the hashtag #copyrighthour in questions and comments for Naomi.

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New Publication with CREATe contributions: ‘The Research Handbook on Intellectual Property and the Creative Industries’

This new collection, with leading contributors from around the world, explores the complex, changing relations between IP and the creative industries. The Research Handbook on Intellectual Property and the Creative Industries is edited by two distinguished IP lawyers, Professors Abbe Brown (Aberdeen)  and Charlotte Waelde (Coventry). The opening chapter is by CREATe Deputy Director Philip Schlesinger; ‘Whither the creative economy? Reflections on the European case’. The volume includes contributions from a number of CREATe researchers: Intellectual property and creative industries policy in the UK by Kristofer Erickson Intellectual property enforcement: empirical consideration of enforcement action by Jane Cornwell Visual Arts: Artists’ voices from the field by Smita Kheria Appropriating value: on the relationship between business models and intellectual property by Henning Berthold, Melinda Grewar, Shiona Chillas … Continue reading

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New Working Paper: Photographic Copyright and the Intellectual Property Enterprise Court in Historical Perspective

A new paper in the CREATe Working Paper series is now available: Photographic Copyright and the Intellectual Property Enterprise Court in Historical Perspective by Elena Cooper and Sheona Burrow. Elena Cooper is a Postdoctoral Researcher in Copyright Law, History and Policy and a Leverhulme Early Career Fellow. Sheona Burrow is Postdoctoral Research Fellow (Part time). The paper provides an in-depth case study of the enforcement of copyright in photographs by some contemporary rights-owners: freelance professional photographers who derive income from the exploitation of photographic copyright. Referring to the theoretical framework of Guido Calabresi and A Douglas Melamed, the article reflects on the implications for the nature and function of copyright in a specific context today. It explores contemporary experience alongside the enforcement of copyright … Continue reading

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