Martin Kretschmer

Martin Kretschmer is Professor of Intellectual Property Law in the School of Law, University of Glasgow, and Director of CREATe (www.create.ac.uk, an interdisciplinary research centre established in 2012 jointly by AHRC, EPSRC and ESRC). From 2000-2012, he was Director of the Centre for Intellectual Property Policy & Management (CIPPM) at Bournemouth University (www.cippm.org.uk). From 1996-1999 he was a postdoctoral research fellow at Cass Business School, City University, London (ESRC Media Economics and Media Culture programme).

Current projects and podcasts include –

In 2010/11, Martin was seconded to the UK Intellectual Property Office under an ESRC Knowledge Exchange Fellowship (at the time of the Hargreaves Review). In 2012, he was invited to become a member of the European Copyright Society, an association of 20 leading scholars. In 2015/16, he was President of EPIP, the European Policy for Intellectual Property Association. In 2018, he was Fernand Braudel Fellow at the European University Institute in Fiesole/Florence. In 2020, he is a Senior Fellow at the Weizenbaum Institute in Berlin, working on the algorithmic regulation of culture.

Martin says: “My stock in trade is the empirical analysis of intellectual property and information law. I am also interested in cultural economics, the theory of regulation and the history of ideas, in particularly the genealogy of the norms governing an information society (www.copyrighthistory.org).”

Martin was educated at Freie Universität Berlin (UG philosophy), London School of Economics (LLM) and University College London (PhD philosophy). He also studied music at Musikhochschule Wien (University of Music and Performing Arts, Vienna). During the 1990s, he was German Consultant Editor at BBC Worldwide, and wrote for German language national newspapers, public radio and TV, including ZEIT, Frankfurter Rundschau, Neue Zürcher Zeitung, BR, SWF, WDR, SFB, Radio Bremen, DeutschlandRadio.

Martin has worked on many independent reports for the UK Intellectual Property Office, the UK Cabinet Office, and the European Parliament.

  • L. Bently and M. Kretschmer (2017). ‘The position of press publishers and authors & performers in the copyright directive’, Study commissioned by European Parliament, Directorate General for Internal Policies, Policy Department C: Citizens’ Rights and Constitutional Affairs (100pp)
    http://www.europarl.europa.eu/RegData/etudes/STUD/2017/596810/IPOL_STU%282017%29596810_EN.pdf
  • K. Erickson, P. Heald, F. Homberg, M. Kretschmer, D. Mendis (2015). Copyright and the Value of the Public Domain: An empirical assessment, Independent Report for the UK Intellectual Property Office (76pp)
    https://www.create.ac.uk/valuing-the-public-domain-resource-page/
  • D. Mendis, M. Kretschmer (2013). ‘The Treatment of Parodies under Copyright Law in Seven Jurisdictions: A comparative review of the underlying principles’, Independent Report for the UK Intellectual Property Office (112pp) [cited in 2013 CJEU reference, Case C-201/13, Johan Deckmyn]
  • K. Erickson, M. Kretschmer, D. Mendis (2013), ‘Copyright and the Economic Effects of Parody: An empirical study of music videos on the YouTube platform, and an assessment of regulatory options’, Independent Report for the UK Intellectual Property Office (26pp)
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2602698
  • F. Homberg, M. Favale, M. Kretschmer, D. Mendis, D. Secchi (2013), ‘Copyright and the Regulation of Orphan Works:  A comparative review of seven jurisdictions, and a rights clearance simulation’, Independent Report for the UK Intellectual Property Office (98pp)
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2613498
  • S. Weston, M. Kretschmer (2012), ‘Open Standards in Government IT: A review of the evidence’
  • M. Favale, M. Kretschmer (2012), ‘An Analysis of the Public Consultation on Open Standards: Open Opportunities’
    [both published on 1 November 2012 at http://www.cabinetoffice.gov.uk/resource-library/open-standards-consultation-documents) and cited in the UK Government’s justification of the new Open Standards policy: http://www.cabinetoffice.gov.uk/news/government-bodies-must-comply-open-standards-principles, pp. 9, 14, 20]
  • M. Kretschmer (2011) ESRC project on Copyright Levies  (as part of a fellowship at the UK Intellectual Property Office):
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2063809
    [cited in Digital Opportunity: An Review of IP & Growth, ‘Hargreaves Review’, May 2011, p. 116; in the government’s response to Hargreaves, August 2011; in BASCA v Secretary of State for Business, Innovation and Skills [2015] EWHC 1723 19 June 2015; in AG Opinion in ECJ Case C-110/15 Nokia Italy at 63, 4 May 2016]
  • A review of the relationship between copyright and contract law for the UK Strategic Advisory Board for Intellectual Property Policy (2010, with E. Derclaye, M. Favale and R. Watt): https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2624945

He is the academic lead of the following digital resources–

  • With Prof. Lionel Bently, Martin is the general editor of the AHRC funded digital archive Primary Sources on Copyright (1450-1900) at the Centre for Intellectual Property & Information Law, Cambridge University (www.copyrighthistory.org).
    An edited collection Privilege and Property: Essays on the History of Copyright (2010: with L. Bently and R. Deazley) has appeared with Cambridge Open Book Publishers, using a (at the time) new publishing model based on free access, digital sales and print on demand (http://www.openbookpublishers.com/product.php/26).
  • Copyright User and Copyright Evidence (Martin is chair of their editorial boards) are the leading sites in their area.

He also led a number of studies on artists’ labour markets and earnings funded by the Arts Council, ALCS and DACS.

Martin’s work is widely cited and commented in the media, including by Financial Times, New York Times, Fortune, Guardian, Telegraph, Herald, Scotsman, Der Spiegel, Neue Zürcher Zeitung, Süddeutsche Zeitung, Wired, Business Week, Politico, Deutschlandradio, BBC Radio 4, BBC World Service, BBC Radio Scotland.

His research has been cited by the Court of Justice of the European Union, by the High Court (England & Wales) and in numerous governmental and policy reports.

Martin has published in the leading journals of several disciplines: law, business & management and media & communications. A list of publications can be found here –

University of Glasgow Enlighten (eprint) repository:
http://eprints.gla.ac.uk/view/author/29196.html

SSRN author page:
http://ssrn.com/author=1042378

Google Scholar:
https://scholar.google.co.uk/citations?user=sbcJOSoAAAAJ&hl=en