Author Archives: Martin

The Copyright Directive: Misinformation and Independent Enquiry

A new academic statement has been released today in anticipation of the plenary vote in the European Parliament on the Copyright in the Digital Single Market Directive, scheduled for 5 July, 12:00. More than 200 academics from over 25 research … Continue reading

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The Copyright Directive: Access independent research!

Copyright Reform. It’s a few votes away. The European Union may require those who share news to obtain licences first (permissions against payment). The European Union may require platforms to filter content uploaded by users (aimed at music files but … Continue reading

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The Text and Data Mining exception in the Proposal for a Directive on Copyright in the Digital Single Market: Why it is not what EU copyright law needs

A summary of this post has been published in The Conversation on 24 May 2018: http://theconversation.com/data-mining-why-the-eus-proposed-copyright-measures-get-it-wrong-96743 An extended version has been accepted for presentation at the European Policy for Intellectual Property conference (EPIP 2018), taking place in Berlin on 5-7 … Continue reading

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Martin Kretschmer at the Westminster Media Forum on Copyright and Brexit

“The UK’s rational option is to develop a more open innovation system at home while encouraging the EU to pursue bad copyright policies. But this is unlikely to happen.” Martin Kretschmer reports on the Westminster Media Forum:  On 22 June 2017, … Continue reading

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Reform gone wrong: an Opinion by the European Copyright Society

The European Copyright Society has published a consolidated Opinion on the EU Copyright Reform Package, currently making its way through the Committees of the European Parliament. The Opinion welcomes the broad policy objectives of the proposals but severely criticises the … Continue reading

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Blockchain or the Chaingang?

CREATe is publishing today a new working paper by Dr Jeremy Silver, CREATe Industry Fellow and incoming CEO of the Digital Catapult. Blockchain or the Chaingang? Challenges, opportunities and hype: the music industry and blockchain technologies Music Ally is launching Jeremy’s … Continue reading

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Call for Papers, European Policy for Intellectual Property (EPIP 2016, University of Oxford, 3-5 September)

There are only two weeks left to submit abstracts, papers and panel proposals to EPIP 2016, the 11th Annual Conference of the European Policy for Intellectual Property Association hosted by the Oxford Intellectual Property Research Centre. Don’t miss the deadline … Continue reading

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The Quest for Balance in CJEU Copyright Jurisprudence, as explained by Judge Malenovský

By Marcella Favale, CREATe Researcher, and Research Fellow, Bournemouth University

logo_curiaOn 15 January, at a conference of ALAI Belgium (Association Littéraire et Artistique Internationale), Judge Jiří Malenovský of the Court of Justice of the European Union (CJEU) bravely faced a public of copyright scholars, many of whom had extensively raised concerns about decisions of the Court in their academic outputs. Malenovský is the Reporting Judge of a vast majority of copyright cases before the Court (analysed in CREATe’s study “Is there an EU Copyright Jurisprudence: An Empirical Analysis of the Workings of the European Court of Justice”). As far as European Copyright is concerned, he is The Copyright Judge.

malenovsky

This Annual Conference of ALAI Belgium focused on the principle of ‘communication to the public’, whose complexity was not only stated but also demonstrated by the delivered presentations. Crucially, these learned contributions did not hide their disappointment at the scarce enlightenment provided by the EU Court on the concept. Judge Malenovský’s talk, delivered in French, concluded the conference, and in his detailed defence of the Court, he set off to refute these criticisms, by explaining why and how the Court reached its conclusions.

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CREATe: a research centre at the intersection of law, technology and social science

CREATe’s Director Martin Kretschmer introduces the CREATe Festival (Royal Society of Arts, London, 24 June 2016): Research matters. And it matters most where there are fault lines in society. Fault lines may appear unbridgeable, and (to stay in the metaphor) they … Continue reading

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Private copying: A pause for thought in Copydan (C-463/12)?

The European private copying exception under Art. 5(2)(b) of the 2001 Information Society Directive, and its varying implementations among EU member states, is continuing to cause a great deal of controversy and litigation. The Musicians’ Union (MU), The British Academy … Continue reading

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