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.
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.
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.
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.
Two new papers are now available in the CREATe Working Papers series, both from the Digitising the Edwin Morgan Scrapbooks Project:
Digitising the Edwin Morgan Scrapbooks: A Research Compendium
This paper reports findings from a rights clearance simulation on a culturally significant set of unpublished scrapbooks created by Edwin Morgan, the first Scots Makar. Although unpublished, the scrapbooks are replete with orphan material, such as cuttings from newspapers, magazines and books. The researchers conclude that mass digitisation and diligent search are fundamentally incompatible, however light-touch the diligent search obligation might be.
The paper can be accessed here: Digitising the Edwin Morgan Scrapbooks: A Research Compendium
Digitising the Edwin Morgan Scrapbooks: Copyright Guidance Notes
This paper compiles twelve Notes exploring copyright issues commonly encountered in digitisation projects, designed for use by cultural heritage institutions. Written by specialists in copyright and archives, they should be regarded as guidance and not legal advice. They are designed for users in the UK. The Notes should be accessible for those without a law background, but contain legal references to give them enough weight to be of use at all levels of decision making. Each document provides a legislative context and outlines practical implications, including examples from the Edwin Morgan Scrapbooks.
The paper can be accessed here: Digitising the Edwin Morgan Scrapbooks: Copyright Guidance Notes
The School of Law at the University of Glasgow is marking the introduction of the new Common Law Programme with an exciting launch programme on Friday 19 October 2018 from 15:00 – 19:00.
The event starts with a panel session including senior members of the judiciary, practitioners and academics on the tradition and evolution of the common law. Included on the panel is Sir Richard Arnold, who is a member of the CREATe Programme Advisory Council:
Lady Hale will give the keynote address at 4.30pm and the event will be followed by a drinks reception.
Register for the event: https://www.eventbrite.co.uk/e/common-law-launch-registration-50533838070
Following the vote in the EU Parliament on 11 September, our EU Copyright Reform resource has been updated to include:
- A full transcription of the Plenary Discussion on 11 September, available to download
- A comparision table including the original Commission Proposal, a translation of the Proposal, the Agreed Council Position, the Rejected JURI Position, the Agreed Parliamentary Position, Unsuccessful amendments proposed by MEP Marietje Schaake. Documents are available to download
- An updated log of European and International media coverage
Our timeline tracking the legislative process has been kept up to date, and the resource includes a range of policy evidence including academic statements, open letters and video clips of parliamentary speeches.
The 5th Global Congress on Intellectual Property and the Public Interest will take place on 24-29 September at the Washington College of Law, American University. It is the main convening of a global network of over 800 researchers, activists, and practitioners who work at the intersection of intellectual property and promotion of the public interest. The core goal is to promote evidence-based policy-making by fostering partnerships between academics and policy advocates from around the world.
CREATe is one of the partners of the Global Congress and a CREATe delegation – consisting of Prof. Martin Kretschmer, Dr Thomas Margoni and Bartolomeo Meletti – will participate in various workshops and panel sessions. The Global Congress will also be the platform for the launch of the last two episodes of The Game is On! series, co-created by Prof. Ronan Deazley (Queen’s University Belfast) and Bartolomeo Meletti.
European Policy for Intellectual Property (EPIP) is the leading scientific association for the economics and law of Intellectual Property. The EPIP 2018 conference was held in Berlin, 4-7 September 2018, where this statement was drafted.
On Wednesday, 12 September 2018, the European Parliament will vote in plenary session on the heavily lobbied proposed Directive on Copyright in the Digital Single Market.
On 5 July, a previous plenary vote rejected the report by Axel Voss MEP, the rapporteur for the legal affairs committee JURI. The main concerns related to the effects of Article 11 that introduces a new layer of licensing into the communication of news online, and of Article 13 that introduces new obligations on online platforms that are likely to be met by filtering content uploaded to their services.
Download statement here or read more below.
A new paper in the CREATe Working paper series is now available: Can creative firms thrive without copyright? Value generation and capture from private-collective innovation by Kris Erickson.
Accounts of the ‘copyright industries’ in national reports suggest that strong intellectual property rights support creative firms. However, mounting evidence from sectors such as video game production and 3D printing indicate that business models based on open IP can also be profitable. This study investigates the relationship between IP protection and value capture for creative industry firms engaged in collective/open innovation activities. A sample of 22 businesses interviewed in this study did not require exclusive ownership of creative materials, instead employing a range of strategies to compete and capture value. Benefits for some firms resemble those for participants in private-collective innovation (PCI), originally observed in open source software development (von Hippel, von Krogh, 2003). Advantages of PCI include the ability to commercialize user improvements and a reduction in transaction costs related to seeking and obtaining permission to innovate upon existing ideas. Some creative firms in this study were able to generate and capture value from PCI in two directions, upstream and downstream. These dynamics offer a mechanism to understand and articulate the value of openness for creative industries policy and management of creative organizations.
The paper can be accessed here: Can creative firms thrive without copyright? Value generation and capture from private-collective innovation