New Working Paper: Television and the development of the data economy: Data analysis, power and the public interest

A paper forthcoming in the International Journal of Digital Television is now available in the CREATe Working Paper series: Television and the development of the data economy: Data analysis, power and the public interest by Gillian Doyle.

Gillian Doyle is Professor of Media Economics and Director of the Centre for Cultural Policy Research (CCPR) at the University of Glasgow, and Co-Investigator of CREATe’s workstrand in the new AHRC Creative Industries Policy & Evidence Centre (PEC).

ABSTRACT: Data analysis is steadily becoming more central to management decision-making in media organizations across the globe. The reliance of subscription video on demand (SVoD) services, such as Netflix, on data analytics to underpin decisions about new content investment is well-established. However, what are the key opportunities and challenges facing the rest of the television industry? This article examines how data analysis is facilitating improved methods of personalization and more effective intelligence about the relative appeal of content for differing audience segments. But growing reliance on big data also raises a number of critical public interest questions. This article highlights how data is now a key source of competitive advantage in the television industry and a resource that can be monopolized. It argues that media policy-making needs to pay more attention to the emergence and implications of asymmetries of power in relation to ownership and use of data in managerial decision-making.

The full paper can be accessed here: Television and the development of the data economy: Data analysis, power and the public interest

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Cultural Diplomacy 2.0 in Question

Professor Philip Schlesinger, Deputy Director of CREATe, spoke about new intermediaries and platform regulation at the European University Institute’s executive training seminar on how cultural diplomacy is presently being reshaped in the digital age. The event was held on 28-30 November 2018 in Florence.

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Report: CREATe Public Lecture by Prof. Fiona Macmillan – Copyright and Contemporary Culture: Between Market and Community

Report by Anthony Rosborough (LLM Candidate in the Intellectual Property & Digital Economy Programme at the University of Glasgow).

On the 21st of November, Prof. Fiona Macmillan (Birkbeck, University of London, School of Law) delivered a lecture on the relationship between intellectual property markets and the management of cultural heritage. Chaired by Professor Martin Kretschmer, the lecture was held in the University of Glasgow’s Arts and Humanities Lecture Theatre as part of CREATe’s autumn Public Lecture series.

Prof. Macmillan’s main focus was how to properly define and conceptualise “cultural heritage” as a legal concept. She addressed the regulation of cultural heritage in international law under the “authorised cultural heritage” doctrine as established by the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, 2003 (the “Convention”). In particular, she addressed the conflicts between a market-based intellectual property system and the realities of how communities develop, recognise, and maintain cultural heritage. Continue reading

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Cambridge University Press publishes ‘Art and Modern Copyright: The Contested Image’ by Dr Elena Cooper

BOOK LAUNCH, Wednesday 5 December 2018, 6.15pm, Victorian Picture Gallery at Royal Holloway, University of London.

Cambridge University Press have just published Art and Modern Copyright: The Contested Image by Dr Elena Cooper, Leverhulme Early Career Fellow at CREATe. The book is the first in-depth and longitudinal study of the history of copyright protecting the visual arts. Exploring legal developments during an important period in the making of the modern law, the mid-nineteenth to early twentieth centuries, in relation to four themes – the protection of copyright ‘authors’ (painters, photographers and engravers), art collectors, sitters and the public interest. It uncovers a number of long-forgotten narratives of copyright history, including views of copyright that differ from how we think about copyright today. As well as considering the distinct nature of the contribution of copyright to the history of the cultural domain accounted for by scholars of art history and the sociology of art, Art and Modern Copyright examines the value to lawyers and policy-makers today of copyright history as a destabilising influence. In taking us to ways of thinking that differ from our own, history can sharpen the critical lens through which we view copyright debates today.

The book will be launched at an event at the Victorian Picture Gallery at Royal Holloway, University of London, at 6.15pm on Wednesday 5 December 2018, where Dr Cooper will draw on the rich collection of nineteenth century paintings in the Gallery to illustrate the central themes of her research.

If you are interested in attending, please contact Dr Cooper: elena.cooper@glasgow.ac.uk

You may also register directly here: https://www.royalholloway.ac.uk/about-us/events/art-and-modern-copyright-the-contested-image/

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CREATe to lead Intellectual Property research in new UK Creative Industries Policy and Evidence Centre

PRESS RELEASE — University of Glasgow

The AHRC has published a CREATe Report to support the Launch of the Creative Industries Clusters Programme, part of the UK Government’s Industrial Strategy. The study INTELLECTUAL PROPERTY & COLLABORATIVE AGREEMENTS IN THE CREATIVE INDUSTRIES (written by CREATe’s director Professor Martin Kretschmer, Bartolomeo Meletti and Dr Sukhpreet Singh) was published at the Beyond conference (Barbican, London, 17 November 2018) launching the UKRI Clusters programme. It includes interim recommendations developed with Ben Green (BGA) and Professor Andrew Chitty (AHRC Creative Economy Champion) on how the experimental nature of creative R&D collaborations between universities and industry may be supported by a new approach to collaborative agreements. Continue reading

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Copyright Evidence Wiki November 2018 Round-Up

As part of CREATe’s role in the new AHRC UK Creative Industries Policy and Evidence Centre (PEC), we are providing monthly updates summarising new entries to the Copyright Evidence Wiki (organised thematically). The Wiki catalogues empirical studies on copyright, informing public and policy development based on evidence. In the first of this series of posts, we summarise the new empirical studies added to this database under the themes of: Piracy; Copyright in the Courts; Open Licensing, and; Copyright and Representation.

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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.

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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

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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

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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.

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