The Copyright Licensing Agency Blog – The Fortnite Dance Controversy: Ethics of Reuse

Amy Thomas at the V&A Museum, Dundee

The Copyright Licensing Agency has published a blogpost by Amy Thomas (CREATe PhD candidate and Copyright Wiki sub-editor) discussing the Fortnite dance controversy and ethics of reuse. Following a presentation by Amy at the event “Using Other People’s Stuff” – held at the V&A Museum in Dundee on 26 March 2019 – the blog explores the limitations of copyright in regard to dance, the importance of attribution, and how the controversy relates to cultural appropriation.

The full blogpost is available here via The Copyright Licensing Agency.

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2 x Postdocs, 1 x Lecturer in IP with CREATe, University of Glasgow

Postdocs in Creative Economy – Two Posts
Lecturer in Intellectual Property Law – One Post

 

 

This is an exciting opportunity to join CREATe, the UK Copyright & Creative Economy Centre at the University of Glasgow. One of the posts will be formally liked to the Centre for Cultural Policy Research (CCPR) in the School of Culture and Creative Arts.

As part of new work for the AHRC funded Creative Industries Policy & Evidence Centre (PEC), we will appoint two postdocs for research on the platform economy (for two years in the first instance). If you are a legal scholar interested in working empirically, an economist, sociologist or management researcher who intends to develop work on regulation, or a communications scholar who is advancing innovative quantitative and qualitative digital methods, we would like to hear from you.

At the same time, a two year lectureship in Intellectual Property Law is available in the School of Law. This appointment seeks to develop additional expertise in innovation, data and patent law, with a view to broaden CREATe’s footprint within the School of Law.

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IPKat Book review: Art and Modern Copyright by CREATe’s Dr Elena Cooper

Art and Modern Copyright by CREATe’s Dr Elena CooperReaders of the IPKat will have seen the book review posted last week of ‘Art and Modern Copyright – The Contested Image’ (CUP, 2018) by CREATe’s Dr Elena Cooper, which was launched at the Victorian Picture Gallery in December last year. The IPKat praises the book as ‘the first… comprehensive study’ of copyright as it relates to the fine arts, ‘brilliantly executed’, and ‘revealing in a nuanced way the manner by which images have laboured their way into copyright law.’ The review was written by Dr Mathilde Pavis, who considers it ‘one of the favourite books I have reviewed this year’. Pavis’ review also highlights the interdisciplinary nature of Cooper’s analysis and the detailed nature of the archival work on which it is based, which are aspects commended elsewhere. Mr Justice Richard Arnold (High Court of England & Wales), writing in the Oxford Journal of IP and Practice, concludes that the ‘prodigious amount of archival research into artistic and legal sources’ results in ‘a significant contribution not only to the history of copyright but also to the history and sociology of art and the history of the second half of the long 19th century more generally’ (A Significant Contribution to Copyright History, JIPLP, 2019, 252-254, 253). Further complimentary reviews have been published in the Cambridge Law Journal (by Dr Stina Teilmann-Lock – drawing attention to the significance of the ‘excellent volume’ for debates today, CLJ, 2019, 207-210), the European Intellectual Property Quarterly (by Dr Chen Wei Zhu – ‘an exemplary study’ offering ‘profound insight’, EIPR, 2019, 41(4), 266-268) and the Intellectual Property Quarterly (by Dr Aislinn O’Connell – a ‘fascinating read’, IPQ 2019, 1, 87-89). The book will be followed later in 2019 by a film, presented by Dr Cooper and produced by Exhibition on Screen, which uses nineteenth century paintings as a starting point for exploring the relation between copyright and culture. The full IPKat review can be found here: http://ipkitten.blogspot.com/2019/05/book-review-art-and-modern-copyright.html

Dr Cooper launching Art and Modern Copyright at the Victorian Picture Gallery in December 2018. Photographs by Susanna Brunetti.
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UK Authors’ Earnings and Contracts 2018: A Survey of 50,000 Writers

CREATe has released a study of UK Authors’ Earnings and Contracts based on a large scale survey of 50,000 authors conducted in 2018. The survey was funded as independent research by the UK Authors’ Licensing and Collecting Society (ALCS), and is a re-run of a survey first conducted in 2006 (also led by Kretschmer), and repeated in 2014 (by Gibson, Johnson & Dimita out of Queen Mary, University of London). This series of surveys offers one of the first opportunities to assess robustly the effects of digital changes on the labour market and working conditions of a specific professional sector.

Download:
UK Authors’ Earnings and Contracts 2018: A Survey of 50,000 Writers

ALCS news release (2 May 2019):
https://www.alcs.co.uk/news/authors-earnings-research-researchers-publish-full-report


EXECUTIVE SUMMARY

Author pay declines in a booming industry

Surveys of creators’ earnings consistently demonstrate the presence of winner-take-all markets. Thus it is unsurprising that there is a large gap between the earnings of successful writers and the rest. This has increased since 2006 but the pattern has remained similar. The top 10 percent of writers still earn about 70% of total earnings in the profession. However, the current survey found a dramatic drop in average and median earnings. The nominal average (mean) earnings stagnated, changing from £16,531 in 2006 to £16,809 in 2014 to £16,096 in 2018. Accounting for inflation, this is a drop over 12 years of 49 percent over a period of time in which the UK creative industries reached £100bn GVA and have grown at nearly twice the rate of the economy since 2010. (DCMS Sectors Economic Estimates 2017: GVA, Department for Digital, Media, Culture and Sport, 28 November 2018. Available at: https://www.gov.uk/government/news/britains-creative-industries-break-the-100-billion-barrier)

Why is this apparent decline in author pay occurring? Are new (digital?) sources of revenue not passed through? Does the decline in value for creative craft create disincentives? Should it trouble policy makers? These are difficult questions. Some might say that writing is ‘cheap’. There are no large overheads. Many writers write in addition to engaging in other professional activities. They have made personal choices how to allocate their time. Yet even when screening out occasional or part-time writers, the picture remains startling. As the key sample for comparing developments over time, the study defines a sub-group of writers who spend at least half of their time writing. These ‘Primary occupation writers’ are people who clearly aim to make a living from writing and engage in sustained and professional effort to achieve this.

For this group, the survey shows a drop in real terms (accounting for inflation) of 42 percent in median earnings from an equivalent of £18,013 in 2006 to £10,497 in 2018, continuing a downward trend seen already in the 2014 survey.  (The median calculates the mid-point of the population, i.e. 50 percent of the population of primary occupation writers earn less than £10,497 per annum.) Continue reading

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Creative Works Panel Event – University of East Anglia (UEA), 14 May 2019

CREATe partners at the Faculty of Arts and Humanities at the University of East Anglia (UEA) are hosting a panel event showcasing UEA’s commitment to research and innovation in the creative sector. Leading academic researchers from UEA will be joined by industry creatives for panel discussions exploring the key challenges facing the future of the creative sector in East Anglia.

This event will take place at Norwich Castle’s Town Close Auditorium as part of the University’s partnership with the Norfolk Museums Service. It is free and open to the public.

CREATIVE WORKS

Tuesday 14 May 2019 | 6.30pm-8pm (Doors 6.15pm) | Norwich Castle Town Close Auditorium

How can creatives in a digital age address new challenges around authorship and content creation that disrupt long-standing trends within creative industries?

Panel:

More Details: uea.ac.uk/arts-humanities/creativenow

Booking Essential
RSVP via artsandhumanitiesevents@uea.ac.uk the Creative Works event. At the time of booking please advise if you require any access or other requirements.

Listen back to the Creative Voices panel on 30 April 2019

For more research by Professor John Street see:
Research Blog Series: Copyright at the Digital Margins and
Research Blog Series: Collective Management Organisations and the EU Digital Single Market

For more research by Dr Sabine Jacques see:
Doing it for Yourself: An event for the creative community in Norwich and
Research Blog Series: Do automated tools foster or deter the promotion of cultural works in the digital economy?

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University of Glasgow Intellectual Property Student Society: Interview with CopyrightUser.org’s Bartolomeo Meletti

Image credit: GU-IPS

In celebration of World Intellectual Property Day 2019 (Friday, 26 April), Anthony Rosborough (LLM Candidate in the Intellectual Property & The Digital Economy Programme at the University of Glasgow) conducted an interview with Bartolomeo Meletti (Creative Director of CopyrightUser.org) to discuss CopyrightUser.org, the challenges of making copyright law accessible for creators and users, and the future of copyright in light of impending EU reform. A full transcript of the interview is available via the University of Glasgow Intellectual Property Student Society webpage here.

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4th Annual European Copyright Society Conference: A Copyright for Authors and Performers (Oslo, 24 – 25 May 2019)

The European Copyright Society (la Société européenne du droit d’auteur) was founded in 2012 by leading scholars to support critical and independent thinking on European Copyright Law and policy.

This year’s conference will take place on 24-25 May at the University of Oslo.

The theme is: A Copyright for Authors and Performers

Speakers include Prof. Jonathan Griffiths, Queen Mary University of London; Prof. Martin Kretschmer, CREATe Centre, University of Glasgow; Prof. Estelle Derclaye, University of Nottingham; Prof. Bernt Hugenholtz, University of Amsterdam; Prof. Valerie Laure Benabou, Université de Versailles Saint Quentin; Prof. Alexander Peukert, University of Frankfurt; Professor Severine Dusollier, Sciences Po Law School, Paris; Professor Marie-Christine Jansens, KU Leuven; Prof. Christophe Geiger, University of Strasbourg; Prof. Raquel Xalabarder, Universitat Oberta Catalunya; Prof. Thomas Riis, University of Copenhagen; Prof. Alain Strowel, Université Catolique de Louvain; Professor Axel Metzger, Humboldt Universität, Berlin; Professor Martin Senftleben, VU University, Amsterdam; Professor Daniel Gervais, Vanderbilt University, US; Professor Lionel Bently, University of Cambridge; Professor Tatiana Synodinou, University of Cyprus

Conference website: https://www.jus.uio.no/english/research/areas/mic/events/2019/ecs-conference-2019.html

ECS website: https://europeancopyrightsociety.org/

Conference venue: Room “Gamle Festsal”, Faculty of Law, Karl Johans gate 47, Oslo, Domus Academica.

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Copyright Evidence Wiki April 2019 Round-Up

To view the full Wiki click here or the image above.

This is part of a series of summary posts rounding-up new entries to the Copyright Evidence Wiki (organised thematically). As part of CREATe’s workstream for the AHRC Creative Industries Policy and Evidence Centre, the Wiki catalogues empirical studies on copyright. This month, we summarise new studies added to the database under the themes of: Piracy; Copyright in Courts, and; Perceptions of Copyright.
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Copyright, policymaking and the public voice: Vacancy for a post-doctoral researcher

A vacancy is now available for a post-doctorate research officer, to work one day a week on a project that will deliver a new model for copyright consultations, and for consultations on media policy more generally.

The AHRC-funded project is entitled ‘Improving Deliberation, Improving Copyright’, and the aim is to co-produce, with copyright stakeholders and members of the public, a set of guidelines for policy consultation processes that more effectively incorporate a wide range of stakeholder voices into debates about copyright policy.  CREATe (as part of the AHRC Policy & Evidence Centre PEC)  is a partner on the project, which is being led by Dr Lee Edwards (LSE) and Dr Giles Moss (University of Leeds). Continue reading

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Report: Seminar by Prof. Paul Heald on “The Effect of Copyright on Book Markets in South Africa (with application to other life-plus regimes)”

Report by by Amy Thomas (CREATe PhD candidate, sub-editor Evidence Wiki)

Paul Heald – professor of law

What happens to the availability and price of books when they move from copyrighted status to the public domain? This question is of primacy to the work of Prof. Paul Heald (University of Illinois), who presented on this topic and its application to the South African market on 22 February 2019 at the University of Glasgow.

Amidst the debates surrounding the Copyright Amendment Bill, Prof. Heald addressed two main questions for the South African regime:

  • First, is it preferable to follow the upward trend of extending the duration of copyright to last for the life of the author plus 70 years? Currently, South African copyright law extends to the life of the author plus 50 years, though the government is facing increasing pressure to extend this.
  • Second, is there evidence to suggest that the duration of an author’s reversion right should be dramatically reduced? Currently, and upon assignment of rights, a rights reversion occurs 25 years after the authors death in South Africa. Under the proposed reform, this would be reduced to 25 years following the actual transfer of the rights.

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