Category Archives: CREATe Blog

Regular opinion pieces by consortium faculty, with a focus on the interdisciplinary character of our pioneering project

Updates to CREATe’s EU Copyright Reform Timeline

Several updates have been made to CREATe’s Copyright Reform Timeline, a resource designed to keep track of the legislative process of the Copyright Directive and the many interventions surrounding it. Newest updates include details of: The trilogue negotiations held on 2 October and 25 October (and announcement of new date on 3 December); The Austrian Presidency’s compromise proposal; New studies published in respect of articles 3 (text and data mining), 11 (press publishers’ right) and 13 (internet platform liability), and; Opinions of those both for and against the Directive. We have also created a static timeline graphic detailing all key events of the legislative process of the Directive since the initial draft was issued by the Commission in September 2016, … Continue reading

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The First Software Licensing Agreement and its Relationship with Copyright Law

In this post, Amy Thomas (CREATe PhD candidate) analyses what she suspects to be the very first example of a software licensing agreement, and its relationship with copyright law. In my PhD thesis, I am investigating how software licensing agreements (through their terms and conditions) reveal a particular concept of the user that has changed over time. I investigate this as a private ordering mechanism. As part of this study, a historical approach is required; to this end, I endeavoured to uncover the very first example of this type of private ordering mechanism in software (and to the extend it was primarily motivated by copyright concerns, as suspected). The investigation was prompted by a memoir written by ex-IBM engineer, W.S. … Continue reading

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Opinions by European Copyright Society in CJEU Cordoba and Cofemel cases

The European Copyright Society (an independent scholarly association to which several CREATe members contribute) has published two opinions regarding the CJEU cases C-161/17 Land Nordrhein Westfalen v. Dirk Renckhoff (the ‘Córdoba case’) and C-683/17 Cofemel v G-Star.

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CREATe presents at Digital Arts Residency: Intellectual Property in the Collaborative Digital Environment

Dr Elena Cooper, Leverhulme Fellow at CREATe, recently presented on Intellectual Property in the Collaborative Digital Environment as part of a programme for artists working with digital technology. The talk was delivered as part of an artists’ development initiative offered by Questlab Network, offered by Studio Wayne McGregor and funded by Arts Council England. It was held at Studio Wayne McGregor’s creative arts space at ‘Here East’ on Queen Elizabeth Olympic Park, London from 22 October to 2 November 2018.

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The Making Available Right: Realizing the Potential of Copyright’s Dissemination Function in the Digital Age by Dr. Cheryl Foong

The Making Available Right: Realizing the Potential of Copyright’s Dissemination Function in the Digital Age. Date: Friday 2 November 2018, 4PM Venue: Room 207, 10 Professor’s Square CREATe look forward to welcoming Dr. Cheryl Foong who is visiting us from Curtin Law School, Western Australia. Dr Foong’s presentation, The Making Available Right: Realizing the Potential of Copyright’s Dissemination Function in the Digital Age, will analyse the making available right as introduced by the WIPO Internet Treaties and evaluates current judicial approaches to the right in Australia, the US and the EU. It discusses the underlying justifications driving disparate decisions on the right, and reveals the pitfalls of existing approaches. Distilling lessons from current approaches, this presentation proposes principles for the … Continue reading

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Report: CREATe Public Lecture by Dr. Claudy Op den Kamp – A History of Intellectual Property in 50 Objects (book)

Report by Daniel Pinheiro Astone In the first of CREATe’s Autumn 2018 Public Lectures, Dr. Claudy Op den Kamp (Bournemouth University) presented her upcoming book, A History of Intellectual Property in 50 Objects, co-edited with Professor Dan Hunter (Swinburne University of Technology). As Dr. Op den Kamp discussed, the book offers a jargon-free approach to IP by bringing together contributions from a multitude of academic fields. It is “an academic publication mixed with a coffee table book”, offering generous art-work and a range of stories from as early as the 12th century. The lecture took place on the 24th of October in Glasgow University’s Humanities Lecture Theatre, with Bartolomeo Meletti (CREATe, University of Glasgow) as chair. After several roundtable events, … Continue reading

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ISHTIP 2019 – Call for Papers still open

The next workshop of the International Society for the History and Theory of Intellectual Property (ISHTIP) will be held at the University of Technology Sydney 4-6 July 2019. The theme of the workshop is ‘Law and the Visual’ and the call for papers may be found here. Abstracts are welcomed from scholars from any discipline who are researching the history and/or theory of IP. The deadline for abstract submission is 23 November 2018. CREATe and its researchers have a longstanding affiliation with ISHTIP. CREATe members attend ISHTIP workshops regularly and CREATe itself hosted the workshop in 2016. A number of CREATe members attended the 2018 workshop, at the University of Roma Tre which included participation in a pre-event roundtable on … Continue reading

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CREATe at the Global Congress on IP and the Public Interest, Washington 24-29 September 2018

The Global Congress is a unique forum that brings together every two years a global community of academics, non-governmental organisations and policy makers for a week long assessment of the state and direction of intellectual property policy. It is the foremost setting for exploring changing policy priorities from a public interest perspective. Within this evidence-based framework, CREATe was reflecting on our own research agenda. We presented an overview of our work over the last five years (Empirical Approaches to Copyright Research, a panel with Prof. Martin Kretschmer, Dr Thomas Margoni and Bartolomeo Meletti), demonstrated resources (such as CopyrightUser.org and the Copyright Evidence wiki), discussed new research on takedown of online content and text-and-data-mining, and contributed to policy discussions. There was … Continue reading

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Two New Working Papers from the Digitising the Edwin Morgan Scrapbooks Project

Two new papers are now available in the CREATe Working Papers series, both from the Digitising the Edwin Morgan Scrapbooks Project: Digitising the Edwin Morgan Scrapbooks: A Research Compendium This paper reports findings from a rights clearance simulation on a culturally significant set of unpublished scrapbooks created by Edwin Morgan, the first Scots Makar. Although unpublished, the scrapbooks are replete with orphan material, such as cuttings from newspapers, magazines and books. The researchers conclude that mass digitisation and diligent search are fundamentally incompatible, however light-touch the diligent search obligation might be. The paper can be accessed here: Digitising the Edwin Morgan Scrapbooks: A Research Compendium Digitising the Edwin Morgan Scrapbooks: Copyright Guidance Notes This paper compiles twelve Notes exploring copyright issues commonly encountered … Continue reading

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Launch of the new Common Law Programme

The School of Law at the University of Glasgow is marking the introduction of the new Common Law Programme with an exciting launch programme on Friday 19 October 2018 from 15:00 – 19:00. The event starts with a panel session including senior members of the judiciary, practitioners and academics on the tradition and evolution of the common law. Included on the panel is Sir Richard Arnold, who is a member of the CREATe Programme Advisory Council: Sir Richard Arnold: https://www.judiciary.uk/publications/mr-justice-arnold/ Professor David Ormerod: http://www.law.qmul.ac.uk/staff/ormerod.html Professor Cally Jordan: https://law.unimelb.edu.au/about/staff/cally-jordan Sir William Blair: https://en.wikipedia.org/wiki/William_Blair_(judge) Professor John Cairns: http://www.law.ed.ac.uk/people/johnwcairns Dr Julian Farrand QC Panel Chair: Professor Andreas Rahmatian Lady Hale will give the keynote address at 4.30pm and the event will be followed by a drinks reception. Register for the event: https://www.eventbrite.co.uk/e/common-law-launch-registration-50533838070 

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