Implementing articles 18-22 of the Copyright Directive: Opinion of the European Copyright Society

The European Copyright Society (ECS), a group of prominent European scholars, has published an opinion on the implementation of the Directive on Copyright in the Digital Single Market into national law: Comment Addressing Selected Aspects of the Implementation of Articles 18-22. Full text of the opinion is available on the ECS website here.

Member States have until 7 June 2021 to transpose the Copyright Directive into their national laws. Articles 18-22 of the Copyright Directive provide protections for authors and performers in their contractual dealings with economic actors, by introducing a principle of appropriate and proportionate remuneration (art. 18), transparency obligations (art. 19), contract adjustment mechanism (art. 20), alternative dispute resolution mechanism (art. 21), and a right of revocation (art. 22). To date, none of those provisions has been transposed by any Member State (although some national laws already comply). CREATe’s resource page provides information on the current state of the Copyright Directive implementation and can be accessed here.

ECS has previously published comments on the implementation of articles 14 and 17 of the Copyright Directive (reported here), with the full text of the opinions available on the ECS website.

Drafting of the opinion on articles 18-22 was led by prof. Séverine Dusollier with contributions from other ECS members, including profs. Lionel Bently, Martin Kretschmer, Marie-Christine Janssens and Valérie-Laure Benabou.

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New Working Paper: The production, circulation, consumption and ownership of scientific knowledge: historical perspectives

CREATe presents the fourth entry in our series of working papers released in 2020: “The production, circulation, consumption and ownership of scientific knowledge: historical perspectives”.

This working paper by Aileen Fyfe (Professor of Modern History, University of St Andrews), is a lightly edited transcript of a CREATe public lecture delivered at the University of Glasgow on 29 January 2020.

Abstract:

Who owns the content of scientific research papers, and who has the right to circulate them? These questions are at the heart of current debates about improving access to the results of research. This working paper will use the history of academic publishing to explore the origins of our modern concerns. The Philosophical Transactions was founded in 1665 and is now the longest-running scientific journal in the world. This paper will follow the Transactions from its early days as a private venture of its editor to becoming the property of the Royal Society. It will explore the basis of the Society’s claim to ownership (which had very little to do with copyright) and reveals the ways in which the Society encouraged the circulation, reprinting and reuse of material in the Transactions during the eighteenth and nineteenth centuries. It will end by considering how things changed in the twentieth century, as commercial interests became increasingly influential in academic publishing and as new technologies brought new opportunities for circulating knowledge.

The full paper can be downloaded here.

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New Working Paper: Streaming Culture

CREATe is publishing today a new working paper Streaming Culture, offering a fascinating analysis of changing online consumption behaviour in the five years between 2013 and 2018. This is joint work with Nesta, within the AHRC Creative Industries Policy & Evidence Centre (PEC) where the paper is also available as a Research Report.

This research is the result of a data development project conducted in collaboration with the UK Intellectual Property Office.  The project, OMeBa (short for Online Media Behaviour Analytics), is an attempt to unlock the value of an important annual consumer survey. The Online Copyright Infringement (OCI) tracker survey was originally conceived in 2012 as a standard instrument to capture trends in online copyright infringement. It was designed by Ofcom with Kantar Media in response to a (now defunct) obligation under the 2010 Digital Economy Act.

By harmonizing question IDs, and documenting carefully method and changes across five waves of the survey, the OMeBa project made it possible to identify wider changes in online consumption over time, enabling new research questions to be asked.

As part of this data development initiative, Nesta and CREATe held a workshop in June 2019 (documented on the OMeBa resource page). The discussion highlighted a shared interest across government, industry and academia to increase understanding of digital consumption behaviours by different demographic groups.  The research presented today is a response to this challenge.

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OpenAIRE – Webinars on legal aspects of data regulation for research

OpenAIRE, the European Open Science infrastructure, recently organised two public webinars within the Legal Policy Webinar series. They were live streamed on April 29th and May 4th and the recordings, including slides, are available here. The aim was to provide a legal perspective on research data regulation (e.g. ownership, access, processing, storing, reuse, licensing, etc) both from a copyright and data protection (GDPR) point of view.

Presenters in both events were OpenAIRE’s experts Thomas Margoni (Senior Lecturer in IP and co-director of CREATe at the School of Law, University of Glasgow), Prodromos Tsiavos (Senior Legal Advisor – ARC/ Head of Digital and Innovation – Onassis Group), and Jacques Flores Dourojeanni (Research Data Management Consultant Utrecht University Library). They offered a legal and practical overview of research data regulation and of the contributions (e.g. FAQs, Guides, Fact-sheets, etc) that OpenAIRE has developed in this area. In light of the current health crisis some of the practical examples discussed were focused on biomedical sciences and medical data. Continue reading

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Implementing the Copyright Directive: A new web resource

The process of reforming copyright in the European Union did not finish with the adoption of Directive on Copyright in the Digital Single Market (CDSM) in April 2019. The CDSM Directive now has to become a part of national laws of all Member States (and EEA countries). They have until 7 June 2021 to transpose the Directive’s provisions.

We have been tracking the complex process of EU law making and providing evidence on copyright in the EU Digital Single Market through our EU Copyright Reform resource page since 2016. Continuing this work, and to provide an independent academic perspective on the transposition of the CDSM Directive, we are today launching a new web resource: Copyright in the Digital Single Market – Implementation.

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Opportunities: Two Interdisciplinary Postdocs at CREATe

An exciting opportunity has arisen for postdoctoral work on two externally funded projects: the AHRC Creative Industries Policy and Evidence Centre (PEC), working with Professors Martin Kretschmer, Philip Schlesinger and Gillian Doyle; and the H2020 funded consortium reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe, working with Dr Marta Iljadica, Dr Thomas Margoni and Professor Martin Kretschmer.

Post Details

  • Research Associates CREATe Centre – Two Posts
    Duration: 1-2 years, 1 post in collaboration with the Centre for Cultural Policy Research, CCPR
  • Grade 7: £35,845 – £40,322 per annum
  • Vacancy Ref: 037849
  • Closing date: 4 June 2020

For more information and to apply online: 
https://www.jobs.ac.uk/job/CAA096/postdoctoral-research-associate

Informal enquiries may be made to Dr Marta Iljadica (H2020): marta.iljadica[at]glasgow.ac.uk; or Professor Martin Kretschmer (PEC): martin.kretschmer[at]glasgow.ac.uk

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New Working Paper: The Fundamental Right to Property and the Protection of Investment: How Difficult is it to Repeal New Intellectual Property Rights?

CREATe presents the second entry in our series of working papers released in 2020: “The Fundamental Right to Property and the Protection of Investment: How Difficult is it to Repeal New Intellectual Property Rights?”.

This working paper by Martin Husovec, (CREATe Fellow, Assistant Professor, Tilburg School of Law & Affiliated Scholar, Stanford CIS) is a pre-print of a chapter due to be published in the Research Handbook on Intellectual Property and Investment Law (edited by Christophe Geiger) in June 2020. The paper was also delivered as a CREATe public lecture at the University of Glasgow on 6 February 2019 (read the full report here). Continue reading

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Webinar Report: Intellectual Property for Research (SGSAH)

How does intellectual property impact the creativity and research outputs of doctoral researchers? CREATe team member, Amy Thomas (RTA, Copyright Evidence Wiki Sub-Editor), explored this question in a webinar supported by Vitae and IPO, and in collaboration with the Scottish Graduate School of Arts and Humanities (SGSAH) on 23 March 2020. The webinar considered two main facets of intellectual property: first, how the law recognises and protects creativity, and; secondly, how researchers can exploit that creativity effectively.

The webinar began with a presentation by Mario Moustras (Leadership & Talent Development Coach), who provided an overview of the main types of intellectual property, whilst delving deeper into particular concerns about copyright protection of creative products and research outputs. Mario’s presentation was followed by applied case studies by Claire Squires (Director, SGSAH), Amy Thomas (CREATe) and Colin Kirkpatrick (Senior Knowledge Exchange Manager, Glasgow School of Art) to demonstrate how copyright can be used in context. Claire provided valuable knowledge on publishing concerns for researchers, whilst Amy and Colin illustrated more specific case examples of Arts & Humanities students exploiting their creative outputs ‘in real life’. Continue reading

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New Working Paper: Text and Data Mining in Intellectual Property Law: Towards an Autonomous Classification of Computational Legal Methods

CREATe presents the first entry in our series of working papers released in 2020: “Text and Data Mining in Intellectual Property Law: Towards an Autonomous Classification of Computational Legal Methods” by Thomas Margoni (CREATe Co-Director, Senior Lecturer in Intellectual Property and Internet Law).

The paper is part of CREATe’s research developed within the project reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe founded by the European Union’s Horizon 2020 research and innovation program (grant no 870626).

The paper is forthcoming in Irene Calboli and Maria Lilla’ Montagnani (eds), Handbook on Intellectual Property Research (Oxford University Press 2020).

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Implementing articles 14 and 17 of the Copyright Directive: Opinions of the European Copyright Society

The European Copyright Society (ECS), a group of prominent European scholars, has published two opinions on the implementation of the Directive on Copyright in the Digital Single Market into national law: the Opinion on Implementation of Article 14 and the Opinion Addressing Selected Aspects of Implementing Article 17.

Member States have till 7 June 2021 to transpose the Copyright Directive into their national laws. Article 17 is among the most controversial and most complex provisions of the Copyright Directive. To date, none of the Member States implemented this provision. You can check the current state of the Copyright Directive implementation on the CREATe’s resource page available here, and read our previous blog post on the transposition of article 15 here.

In its opinion, the ECS calls article 14 “a remarkable provision which, for the first time in the EU, grants a positive status to works belonging to the public domain, by prohibiting any regaining of exclusivity therein”. The opinion considers objects covered by article 14 (works of visual art), rights which the provision cuts back on (with emphasis on related rights), non-original reproductions (reproducing the original faithfully), as well as the temporal dimension of the provision. Several CREATe academics and fellows signed the Opinion.

The core aspects of article 17 discussed in the ECS’ opinion include: the definition of the online content-sharing service providers (OCSSPs); licensing and moderation duties of the OCSSPs; copyright limitations supporting the transformative and user-generated content; configuration of complaint and redress mechanism; the possibility of implementing direct remuneration claims for authors and performers; and the private international law aspect of applicable law.

The full text of both opinions is available here on the European Copyright Society’s website.

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