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Category Archives: Working Papers
This study by Lee Edwards, Giles Moss and Kristina Karvelyte from the University of Leeds aims to respond to a call in previous research for greater public deliberation about copyright policy. It is underpinned by the principle that copyright policy is a matter of public interest, and as such, should be a subject of public discussion and debate, so that the eventual implementation of copyright is one that attracts a general level of agreement among all affected parties. The research builds on an earlier project (Grant reference ESRC RES 062-23-3027) that examined the ways in which copyright was understood and evaluated by industry, activist groups and users. This work argued that users should be viewed as ‘sources of legitimate justifications … Continue reading
The ‘creative economy’ and its workings have been at the heart of our mission, writes CREATe Deputy Director, Philip Schlesinger. Over the past four years, this has given the Centre’s work both a coherent focus and, at the same time, it has offered considerable scope to undertake research into legal aspects of copyright, as well as the economics, psychology, and sociology of a wide range of cultural organisations and practices, not to speak of intervening in debate on some pressing policy issues. Anyone who reads across our Working Paper series will know that CREATe has been home to a diversity of approaches and that several disciplines have been mobilised for the analyses presented during the Centre’s life. In this new Working … Continue reading
CREATe has published an Opinion by the European Copyright Society, addressing the proposal to introduce a neighbouring right for publishers. The European Commission’s public consultation on the role of publishers in the copyright value chain: A response by the European Copyright Society is now available in the CREATe Working Paper series.
If you have a free Spotify account in the UK, you cannot use it in France for more than 14 days. If you have a premium account from UK, you can listen only to that music which has been licensed in the UK, even if you are physically in France. This results from the way music rights are licensed or sold as per territories. In an attempt to shake up the copyright regime in Europe and to allow Europeans to access their online services wherever they go, the EU is now reforming the system by which music rights are licensed. It is doing so by bringing competition to the business of collective rights management through the EU’s Directive on CMOs (Collective Management Organizations) due to be implemented in April 2016. It requires CMOs to compete with each other for members (the right holders they represent) and to become transparent in the way they operate. Continue reading
Ronan Deazley of Queen’s University Belfast and Bartolomeo Meletti, CREATe researcher and Lead Producer of CopyrightUser.org introduce their CREATe Working Paper entitled ‘Copying, Creativity and Copyright‘.
Copying and creativity are often presented in antithetical terms: if you are copying you are not being creative, and vice versa. And within the context of copyright law, copying is often conflated with concepts like theft, piracy and immorality: to copy is to attack creators trying to make a living from their work. But in truth, copying can be and often is creative. The creative process thrives upon practices of adaptation, imitation and borrowing, and copyright should and does accommodate those creative practices. The short animated film The Adventure of the Girl with the Light Blue Hair – which on 12 November 2015 won the AHRC Research in Film Award for Innovation in Film – provides a practical example of how copyright enables and encourages many forms of lawful, creative copying. In less than four minutes, the film includes over 80 instances of the lawful reuse of and reference to well-known copyright and public domain works, as well as factual information and recent copyright litigation.
View Media Briefing CREATe’s first Working Paper of 2016 is now available to download. To Pay or Not to Pay? Determinants of Unlawful Product Acquisition by Piers Fleming, Melanie Parravano and Daniel John Zizzo presents a laboratory experiment that systematically investigates the determinants of acquisition behavior with a negative externality on a rights holder. The authors consider social and moral determinants of unlawful behavior as well as standard penalty and punishment risk trade-offs. They find that, while punishment risk and penalty size reduce unlawful behavior, they are not the only determinants that do. Moral determinants matter: there being a victim, and the victim deserving to be the rights holder, makes a difference. Social norms also matter: controlling for other variables, one point more of social … Continue reading
CREATe’s twelfth Working Paper of 2015 is now available to download. In The South Korean Music Industry: A Literature Review Keith Negus of Goldsmiths, University of London surveys the range of information and debates being addressed in writings published in English on Korean popular music and its industry, identifying and outlining salient issues addressed by existing research. Negus draws some tentative conclusions about the relevance of this research to debates about creative production, the emerging digital economy and new business models. His stated aim was to produce a selective, focused and concise review, condensing material into key points and issues rather than to engage in extended interrogation, debate and analysis.
Lilian Edwards Considers Privacy, Security and Data Protection in Smart Cities in New CREATe Working Paper
The eleventh CREATe Working Paper of 2015 is now available to download. Privacy, Security and Data Protection in Smart Cities: a Critical EU Law Perspective by Lilian Edwards argues that smart cities combine the three greatest current threats to personal privacy, with which regulation has so far failed to deal effectively; the Internet of Things(IoT) or “ubiquitous computing”; “Big Data” ; and the Cloud. Edwards discusses how and if EU DP law controls possible threats to personal privacy from smart cities and suggests further research on two possible solutions: one, a mandatory holistic privacy impact assessment (PIA) exercise for smart cities: two, code solutions for flagging the need for, and consequences of, giving consent to collection of data in ambient environments.
The latest entry in CREATe’s Working Paper Series is now available to download. Copyright and Business Models in UK Music Publishing by Ruth Towse argues that the paradigmatic shift from the sale of printed music to exploiting and managing musical rights that took place in music publishing during the early years of the 20thcentury was due to the changing market rather than to changes in copyright law. The paper takes an historical approach to the development of music publishing viewed through the lens of present day issues. The research has resonance for the transition from sales to licensing digital works that is taking place in the creative industries today and puts into perspective the relative significance of market forces and copyright law … Continue reading
Copyright, Football and European Media Rights by Raymond Boyle of the University of Glasgow is the latest entry in CREATe’s Working Paper Series. Boyle considers the position of copyright in the arena of sports content rights and property rights of sporting organizations exploring the issue of whether copyright can be incorporated into sports rights contracts as it has been for many years. Via a series of interviews with key stakeholders the paper identifies the ramifications of this debate in a European context for the existing business models for both specifically football rights holders (FA Premier League, UEFA) and pay-TV broadcasters such as BSkyB and members of the European Broadcast Union (EBU).