CREATe Public Lecture Series Autumn 2018

Wednesday 24 October 2018 1730 – 1900

Humanities Lecture Theatre, Main Building, University of Glasgow                      

A History of IP in 50 Objects,
Dr. Claudy Op den Kamp, Bournemouth University

For the first in the Autumn 2018 Public Lecture Series, CREATe welcomed Claudy Op den Kamp to present ‘A History of IP in 50 Objects’.

The presentation highlighted the work on the book A History of Intellectual Property in 50 Objects (edited by Claudy Op den Kamp and Dan Hunter), which will be published by Cambridge University Press in 2019. The book presents IP as an approachable topic and demonstrates its importance by focusing on 50 objects—including the Singer Sewing Machine, the Corset, the Barbie Doll, and the Post-It.

All of the objects have been included for the larger social stories that they tell, stories that help us understand the unrecognised effect of IP upon historical events and current society.

A blog about the Lecture has been published here:
https://www.create.ac.uk/blog/2018/10/29/report-create-public-lecture-by-dr-claudy-op-den-kamp-a-history-of-intellectual-property-in-50-objects-book/



Wednesday 21 November 2018 1730 – 1900

Humanities Lecture Theatre, Main Building, University of Glasgow                      

Copyright and Contemporary Culture: Between Market and Community,  Professor Fiona Macmillan, Birkbeck, University of London

For the second lecture in the Autumn 2018 Series, CREATe joined up with Glasgow Legal Theory (GLT) to welcome Professor Fiona Macmillan. On Wednesday 21 November 2018, Professor Macmillan presented a public lecture on ‘Copyright and Contemporary Culture: Between Market and Community’.

This lecture focusses on the sometimes fraught relationship between cultural heritage and copyright, which arises from their common concern with what are often referred to as the creative arts.  The competing discourses in international legal instruments around copyright and intangible cultural heritage are the most obvious manifestation of this troubled encounter.  However, this characterization of the relationship between intellectual and cultural property is in itself problematic, not least because it reflects a fossilized concept of heritage, derived from “the authorized discourse” of international legal instruments.  But if, as will be argued, heritage is conceived as part of a dynamic and mutually constitutive process of community formation then this exposes the central tension between it and the concept of copyright.

This tension rests on the fact that while cultural heritage is something that “belongs” to a community, intellectual property including copyright is a rivalrous form of private property.  The problem is not that the existence of private rights necessarily destroys the link between community and the intangible practice in question.  Rather, it is that the cultural heritage system and the intellectual property system have different ways of expressing and controlling value.  And it is the way in which intellectual property rights express value, especially in the current period, which is the key to understanding how they sever cultural heritage/property from community.  While copyright as a private property right locates all relationships in the context of the market, the context of cultural heritage relationships is the community, of which the market forms a part but does not (or should not) control the whole.

Biography:

Fiona Macmillan is Professor of Law at Birkbeck, University of London, and Visiting Professor of Law at the Universities of Roma Tre and Gothenburg, and at the University of Technology Sydney.  She is the co-Director of the International Society for the History and Theory of Intellectual Property (ISHTIP), www.ishtip.org.


Wednesday 28 November 2018 1730 – 1900

Humanities Lecture Theatre, Main Building, University of Glasgow

Discontent Industries? Creative works and international trade law: making sense of ‘analogue’ IP rules in a digital age,  Mr. Antony Taubman, Director, Intellectual Property Division, WTO Secretariat

For the third in the Autumn 2018 Public Lecture Series, CREATe welcomed Mr. Antony Taubman, Director of the WTO’s Intellectual Property Division to present, ‘Discontent Industries? Creative works and international trade law: making sense of ‘analogue’ IP rules in a digital age.’

The lecture launched CREATe’s work on the new national Creative Industries Policy & Evidence Centre. See also University of Glasgow’s press release.

Abstract: The World Trade Organization TRIPS Agreement established multilateral rules on “trade related aspects of intellectual property”, purporting to do away with distortions and impediments to trade, and to establish a benchmark for adequate and effective intellectual property protection. It posits a positive-sum relation between the producers and users of technological knowledge. These rules were drawn up a generation ago in Geneva, exactly where and when the World Wide Web was in the process of being invented. The Web epitomises the technological developments – the digital disruptions – that have revolutionised the ways in which intellectual property is formed, regulated, managed and traded; yet the TRIPS Agreement was concluded at a time when creative content was mostly embedded in physical media, and almost exclusively counted as trade in goods. New business models for the creative industries and new technology platforms for the distribution of content have outpaced regulatory, legislative processes, let alone the capacity of multilateral rules to be adapted and updated to respond to these developments. Recent bilateral and regional deals – negotiated expressly outside the multilateral sphere – have sought to define and promote digital trade.

This lecture reviewed the abiding significance of the TRIPS Agreement for trade in creative content against the fundamental shift from trade in physical carrier media to trade in network data packets: is TRIPS somehow ‘wired’ – a timely trade pact that foreshadowed the growth in trade in IP as a valued good in itself; or ‘tired’ – rooted in a bygone set of assumptions about how IP is traded; or indeed ‘expired’, superseded by fundamental technological shifts and subsequent trade deals? The lecture concludes by reflecting more broadly on what the impact of technological disruption can tell us about the essential relationship between the creator and the consumer of creative works, and the limitations of ways of understanding diffusion of creative works that are limited to legal, technical or regulatory frameworks.

Continue reading

Posted in CREATe Blog | Comments Off on CREATe Public Lecture Series Autumn 2018

Making Available in the EU, US and Australia: post-seminar reflections by Dr Cheryl Foong

Guest post by Dr Cheryl Foong, Lecturer at Curtin Law School in Western Australia

The making available right has been a source of contention in recent times, giving rise to numerous decisions at the EU level that do not appear to be grounded in existing copyright rules or principles. This trend is not exclusive to the EU; courts around the world have struggled to interpret the right with clarity and transparency.

The incongruence of EU, US and Australian caselaw on the making available right (or its national equivalents, under the so-called “umbrella solution”) prompted my doctoral research on the topic, completed earlier this year. I was keen for the opportunity to share my comparative analysis and engage with an informed audience, and my session at CREATe on 2 November 2018 did not disappoint. Continue reading

Posted in CREATe Blog | Comments Off on Making Available in the EU, US and Australia: post-seminar reflections by Dr Cheryl Foong

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:

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, until its anticipated transposition into national law in 2021.

CREATe Timeline of EU Copyright Reform Legislative Process (2016 – 2021) – Click Image for Full Size

Posted in CREATe Blog | Comments Off on Updates to CREATe’s EU Copyright Reform Timeline

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.

Reprint Courtesy of International Business Machines Corporation, © (1969) International Business Machines Corporation.

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. Humphrey (available here) which suggested that IBM may have been the first company to implement a software licensing system. In the memoir, Humphrey recalls being part of the process of “software unbundling” (e.g. the process of separating hardware from software), and was part of a task force established in 1966 to implement this.

Continue reading

Posted in CREATe Blog | Comments Off on The First Software Licensing Agreement and its Relationship with Copyright Law

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.

Continue reading

Posted in CREATe Blog | Comments Off on Opinions by European Copyright Society in CJEU Cordoba and Cofemel cases

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

Image credit: QuestLab Network residency at Studio Wayne McGregor, photos by Camilla Greenwell

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. Continue reading

Posted in CREATe Blog | Comments Off on CREATe presents at Digital Arts Residency: Intellectual Property in the Collaborative Digital Environment

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 interpretation of the making available right. These principles are aimed at aligning the development of the making available right with the vast communications potential afforded by the Internet.

Cheryl Foong is a Lecturer at Curtin Law School in Western Australia, where she teaches Intellectual Property law and Competition law. Cheryl publishes in the area of digital copyright, open access and internet law, and regularly speaks at national and international IP conferences. Cheryl has a Master of Laws from Columbia Law School in New York, and previously interned at the United States Copyright Office (Office of Policy and International Affairs) in Washington, DC. She is a Bachelor of Laws with First Class Honours graduate from Queensland University of Technology in Australia, and recently completed her PhD at the Australian Catholic University.

To register for this event please visit Eventbrite.

 

Posted in CREATe Blog | Comments Off on The Making Available Right: Realizing the Potential of Copyright’s Dissemination Function in the Digital Age by Dr. Cheryl Foong

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.

Dr Claudy Op den Kamp (Bournemouth University) presenting her book in Glasgow

After several roundtable events, the editors selected the 50 objects that have helped to shape, and have been shaped by, human interactions. Each chapter uses the story of a broader notion of “object” (since it also comprises intangible things like the internet and the bitcoin), but also draws on the underlying impacts of their creation on IP in particular, and society as a whole. By adopting a user-friendly approach, the editors opted to provide several ways to read the book. Colour bars allow readers to follow objects through different IP ages, regimes, themes, or even navigate through images to retell the individual entries’ stories.

Continue reading

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

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 histories of IP as told through a variety of objects.

The newest member of CREATe, Dr Marta Iljadica, who joined the School of Law at Glasgow in August of this year, also has strong connections with ISHTIP. She is a member of ISHTIP’s Governing Board and has previously participated as a discussant and as a presenter which informed work subsequently published in her monograph Copyright Beyond Law: Regulating Creativity in the Graffiti Subculture (Hart Publishing, 2016) as well as other work on social norms, copyright, and freedom of panorama.

 

Posted in CREATe Blog | Comments Off on ISHTIP 2019 – Call for Papers still open

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 considerable interest whether the controversial provisions of the proposed EU Directive on Copyright in the Digital Single Market (introducing new obligations on internet platforms) would set a global precedent. CREATe’s academic interventions relating to the Directive are seen as important and influential.

Continue reading

Posted in CREATe Blog | Comments Off on CREATe at the Global Congress on IP and the Public Interest, Washington 24-29 September 2018