Lionel Bently – Public Lecture 12 February: Quotation under Copyright Law and the textual paradigm

On the 12th of February, CREATe welcomes Lionel Bently to give our third public lecture of the Spring 2020 series. Lionel has worked with CREATe a number of times over recent years, such as on the Copyright History Symposium in 2015, the CREATe Festival in 2016 and the Copyright & Creative Reuse event at the BFI Southbank in 2017.

UK creators and cultural institutions who work with material in copyright will be familiar with the three fair dealing defences given in the UK’s Copyright Designs and Patents Act 1988: one for research and private study, another for criticism or review and a third for reporting current events. They will also likely be aware that the US offers a broader scope under their concept of fair use. However, quotations of works in copyright in the UK are permitted under Article 10(1) of the Berne Convention, a right that applies equally to artistic works as to literary quotation – a use to which it has traditionally been limited. Lionel will argue that, properly interpreted, Article 10(1) of the Berne Convention mandates globally a copyright exception for artistic works that is not dissimilar to the US concept of fair use.

Quotation under Copyright Law and the textual paradigm

Wednesday 12 February 2020 17:30 – 1900
The Humanities lecture Theatre, The University of Glasgow

Book here.

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Digital Disintermediation – Public Lecture by Dr Christian Peukert, 5 February 2020

CREATe’s public lecture series continues tomorrow, with a lecture by Dr Christian Peukert :

Digital Disintermediation and Efficiency in the Market for Ideas

Wednesday 5 February 2020 17:30 – 19:00
The Humanities Lecture Theatre, The University of Glasgow

Dr Peukert will present a new study on Digital Disintermediation, using data on over 90,000 licence deals for books. Peukert’s research uses innovative empirical methods such as clickstream data, and data scraped from the web that will be of interest to a wide audience.


Abstract: Digital technology has allowed inventors to circumvent intermediaries, which affects licensing outcomes and efficiency in the market for ideas. We study these impacts theoretically and empirically, using data on over 90,000 license deals for books. Identification comes from quasi-experimental variation across product types over time. Consistent with digital self-publishing improving an author’s outside option, authors get more favorable license deals. In addition, ex-ante license fees reflect ex-post demand more accurately. This is consistent with additional entry generating more information. Such improvements can have large impacts on welfare in any markets in which product appeal is difficult to predict.

Christian Peukert is Assistant Professor for Information Systems at Católica-Lisbon and Senior Research Associate at the Center for Law and Economics at ETH Zurich. Christian is generally interested in questions related to how digital technologies affect firms, consumers and markets, especially from an innovation perspective. Before his academic career, Christian co-founded a record label that specialises in rap music.

All CREATe public lectures are free: book here.

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CREATe Public Lectures 2020: Now Available to Book

CREATe is delighted to announce that our free Public Lectures for Spring 2020 are open for booking. Our line up of speakers includes:

Wednesday 29 January 2020
Prof. Aileen Fyfe (University of St Andrews)

The production, circulation and consumption and ownership of scientific knowledge: historical perspectives
(chair: Dr Thomas Margoni)

Wednesday 5 February 2020
Dr Christian Peukert (Católica Lisbon & ETH Zürich)
Digital Disintermediation and Efficiency in the Market for Ideas
(chair: Prof. Martin Kretschmer)

Wednesday 12 February 2020
Prof. Lionel Bently (University of Cambridge)

Quotation under Copyright Law and the textual paradigm
(chair: Dr Marta Iljadica)

Wednesday 4 March 2020 (CANCELLED – TO BE RESCHEDULED SHORTLY)
Prof. Dev Gangjee (University of Oxford)

Timeless Signs or Signs of the Times? Reconciling Innovation and Tradition for Geographical Indications
(chair: Dr Luis Porangaba)

Abstracts and booking information can be found here.

The CREATe Public Lecture series is part of the AHRC Creative Industries Policy & Evidence Centre

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CREATe member appointed to editorial board of US journal

Dr Luis H Porangaba has been recently appointed as an editor and member of the editorial board of the Trademark Reporter.

The Trademark Reporter is a peer-reviewed, scholarly journal based in the United States which has been published since 1911. It comprises an international audience of academics, practitioners and judges, and is often cited by courts such as the US Supreme Court in Iancu v Brunetti (2019) and Matal v Tam (2017).

Luis, who previously held a lectureship position at Oxford, joined Glasgow Law School and CREATe as the new Lecturer in Intellectual Property Law in September 2019. He is particularly interested in the study of the doctrinal mechanisms that courts have devised in response to the expansion of protectable subject matter across IP domains in the recent past. Luis’ doctoral research, which explores the interplay between the functions theory and scope of protection in European trade mark law, is under contract to be published as a monograph by Cambridge University Press. His recent scholarship has appeared in the Intellectual Property Quarterly (‘A contextual account of the trade mark functions theory’: available here) and in the Trademark Reporter (‘Acquired distinctiveness in the European Union: when non-traditional marks meet a (fragmented) single market’: available here).

View Luis’ full profile here and read more about the Trademark Reporter here.

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Call for Papers: SERCI Annual Congress 2020

Ruth Towse asking a question at the SERCI Annual Congress in Glasgow, 2015

The Call for papers has been announced for the 19th SERCI Annual Congress. The Congress will be held in Boulder, Colorado on Monday 29 and Tuesday 30 June 2020.

The local organiser is Prof. Kristelia Garcia and the Keynote Speaker of the Conference will be Prof. Keith Maskus (both University of Colorado, Boulder).

Submissions of papers to be presented at the congress are invited, and should be sent as an email attachment to richard@serci.org by the submission deadline 5th April 2020. Successful authors will be notified on or before 19th April. At submission stage, while completed papers are encouraged, a detailed abstract is sufficient. Early submissions are appreciated.

Submissions may be on any topic that uses economic analysis (theoretical or empirical) to better understand any issue related to copyright. Relevant topics include, but are not restricted to, efficient use of copyright, models of copyright piracy, optimal copyright parameters, effects of copyright upon welfare, the law and economics of copyright, copyright and its alternatives, and copyright policy generally.

For latest news on the event, please see The SERCI website.

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Copyright law, cultural diversity and the Digital Single Market

PRESS RELEASE — Researchers at the University of Glasgow launch new €3m project with 10 European partners

A team of researchers from CREATe, the UK Copyright and Creative Economy Centre based in the University of Glasgow, have received a major new award. As part of a 10-institution consortium funded with over €3 million by the European Union’s Horizon 2020 research and innovation program, they will conduct the project entitled reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe. This project will engage closely with stakeholders in the creative industries to develop an integrated policy approach to copyright in the EU digital single market.

The CREATe team – led by Dr Marta Iljadica, Prof. Martin Kretschmer, Dr Thomas Margoni and Bartolomeo Meletti – are a key partner, together with the Scuola Superiore Sant’Anna, Pisa, and the Institute for Information Law at the University of Amsterdam. They will engage with a broad array of actors in the creative industries including documentary filmmakers, micro companies working in innovative ways, and companies adopting new business models. The research will enable new codes of best practice relevant to specific creative sectors, and a series of reports to inform policy at local and national levels. The CREATe team will also develop a new platform providing accessible guidance on EU copyright. This draws on their pioneering work creating the leading UK copyright information portal: www.CopyrightUser.org

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Two Calls for Papers from CIPPM: ISHTIP & Economics Workshop

Durdle Door in Dorset – inspiration for ISHTIP’s 2020 theme “Landmarks of Intellectual Property”. Image by Roman Grac from Pixabay

The 12th Annual Workshop of ISHTIP, 13-17 July 2020

The ISHTIP Call for Papers is open until Friday 17 January. The Workshop will be held in Bournemouth (UK) from 13 to 17 July 2020 and the theme is “Landmarks of Intellectual Property”:

[…] Proposals are invited to consider the different ways in which a place, a time, a personality, a case, or a particular year has become a landmark of IP. These might include challenging or questioning (the idea of) landmarks of IP; proposing new ones; or highlighting unsung ones, be they milestones, vantage points, beacons, breakthroughs, events, turning points, or anniversaries. Contributions may also critique dominant frameworks or theories, thus putting into perspective the significance of such turning points by highlighting the role of historical contingencies, discontinuities and cultural difference. […]

The call is also open to ‘non-traditional’ outputs, such as video essays, documentaries, pieces of performing arts etc. It will include a doctoral-student panel dedicated to the work of Martha Woodmansee. Continue reading

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CREATe Symposium 2019: Improving Deliberation, Improving Copyright

This is part of a series of blogposts documenting the CREATe Symposium 2019. In this post, Amy Thomas reports on the “Improving Deliberation, Improving Copyright” workshop which took place on Thursday 10 October 2019.

Dr Lee Edwards and Dr Giles Moss presenting initial results of the “Improving Deliberation, Improving Copyright” project with participants at the CREATe Symposium 2019

Closing the symposium, Dr Lee Edwards (PI, LSE) and Dr Giles Moss (Co-I, University of Leeds) presented the initial findings of “Improving Deliberation, Improving Copyright”, an AHRC funded project focussed on developing a more effective consultation process for copyright policy issues.

Based on a series of dialogues with individual stakeholders, Lee and Giles used thematic analysis to identify a range of topics relevant to how consultation processes currently unfold. These included: overall perspectives of consultations; purposes of consultation; the context for consultation; current consultation processes; what works well in consultations; challenges to consultations; and areas for improvement to consultations. They discussed their preliminary findings and participants to the symposium workshop were also asked to reflect on the results based on their own experiences, and identify areas of priority, barriers and strategies for improving consultations. Continue reading

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Three new CREATe publications: on IP, the public domain and lobbying

From bottom to top: Contemporary Intellectual Property, The Innovation Society and Intellectual Property and 100 Jahre Copyright

Three recent book publications by members of CREATe are now available:

Marta Iljadica (Lecturer, CREATe) alongside Abbe Brown, Smita Kheria and Jane Cornwell have published Contemporary Intellectual Property (5th Edition), an accessible and engaging introduction to intellectual property law which was shortlisted for the IPKat Intellectual Property Law Book of the Year 2019. The book provides many new valuable additions for students, including issues relating to Brexit and the Copyright in the Digital Single Market Directive.

Kris Erickson, Dinusha Mendis and Martin Kretschmer contributed a chapter on ‘An empirical approach to the Public Domain’ which is included in The Innovation Society and Intellectual Property (eds Josef Drexl and Anselm Kamperman Sanders). They argue that the public domain matters to society only when it is used, demonstrating this through an empirical study based in the UK. The chapter is also available here via SSRN.

Martin Kretschmer also contributed the chapter ‘Eine Lobby Geschichte: Reflexionen zur Entwicklung des Urheberrechts’ (‘A lobby story: reflections on the development of copyright’) to 100 Jahre Copyright (100 Years of Copyright) (eds Detlef Diederichsen and Lina Brion), which was launched in Berlin in November 2019. 100 Jahre Copyright examines the evolution of copyright since the emergence of the cultural industry and discusses various concepts used around the world to protect and promote artistic creativity. The chapter provides an institutional history of music copyright across Britain, Germany, France and the United States, and is also available here via SSRN.

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Report: Text and Data Mining, data ownership and open science

Guest post by Jiarong Zhang (PhD Candidate, CREATe).

The 2019 International Open Access Week (21 to 27 October 2019) was dedicated to the theme ‘Open for Whom? Equity in Open Knowledge’. Within this important framework, OpenAIRE in collaboration with EOSC-Hub organised a week of webinars covering key issues such as cost transparency of Open Access publishing, Research Data Management,Open Science Policies, Plan S compliance for Open Access Journals and Inclusive Science. Under the “research data” theme,  Dr Thomas Margoni (CREATe’s co-director and senior lecturer in IP and Internet Law) gave a presentation on ‘Text and Data Mining, data ownership and open science.’

Thomas’ presentation is based on his seminal work on Open Science developed at CREATe through a number of research projects and initiatives including OpenAIRE and OpenMinTeD and the recent Information, (Research) Data and Open Science Workshop, organised within the 2019 CREATe Symposium. The main focus of the presentation concentrated on the question of whether, when and how is non personal data owned, and why does it matter for open science both from a copyright theory as well as from a copyright law perspective. Continue reading

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