On 9 October 2019, Catherine Stihler, CEO of the Open Knowledge Foundation, gave the inaugural CREATE public lecture of 2019/2020, entitled ‘Reflections on the Making of Copyright Law’.
During her tenure as Member of the European Parliament (1999-2019), Catherine Stihler acted as Vice-Chair of the Internal Market Committee and Rapporteur for Article 13 (now Article 17) of the Copyright in the Digital Single Market Directive. From this unique position, Stihler shared her personal perspective on the legislative process leading to the (still) controversial provision which is Article 17.
The global economic order fails to understand the creative industries as producing trade, says the WTO’s Anthony Taubman. Trade statistics do not account for royalty payments. Trade agreements fail to address streaming (typically classified as services, not goods).
In a time of rapid digital evolution, the creative industries are faced with many challenging questions, especially how to keep pace with changes in how we share and distribute creative content. What does this mean for the relationship between creator and consumer? How does this fit with the legal foundation for monetising creative works?
The juxtaposition between intellectual property (IP), trade, and changing concepts of how creative content is distributed is considered in a new working paper by Mr. Antony Taubman (Director, Intellectual Property Division, WTO Secretariat) and published by CREATe (PEC lead on Intellectual Property, Business Models, Access to Finance and Content Regulation). “Discontent Industries? Creative works and international trade law: making sense of ‘analogue’ IP rules in a digital age” is an edited transcript of a CREATe public lecture delivered at the University of Glasgow on 28 November 2018. Continue reading →
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A version of this blog was first published on Kluwer Copyright Blog, available here.
On 17 May 2019 the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was officially published (DSM Directive). Article 17 (ex-Article 13) is one of its most controversial provisions. As discussed previously on Kluwer, Article 17 is an extremely complex provision: it suffers from problems of internal consistency and compatibility with the remaining acquis, and poses a risk to freedom of expression online (see e.g. here, here, here and here).
In a nod to that complexity, Article 17(10) tasks the Commission with organising stakeholder dialogues to ensure uniform application of the obligation of cooperation between online content-sharing service providers (OCSSPs) and rightholders, and to establish best practices with regard to appropriate industry standards of professional diligence. In the discussion on best practices, the provision adds, “special account shall be taken, among other things, of the need to balance fundamental rights and of the use of exceptions and limitations.” Continue reading →
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CREATe was delighted to contribute, for the second year running, to Questlab Network, a development programme for digital artists funded by Arts Council England held at Studio Wayne McGregor’s ‘Here East’ hub, Queen Elizabeth Olympic Park in East London in November 2019. The programme brought together dance artists and creative technologists, with a view to exploring the potential of digital technology to enhance artistic creativity and to stimulate innovation in artistic practices, resulting in the delivery of new creative projects throughout the country. The collaborative nature of digital artworks – drawing together artists, performers, and technologists (like computer programmers) – gives rise to questions about authorship and ownership. Dr Elena Cooper of CREATe contributed to the programme with a seminar delivered to artists and technologists, drawing on case studies from her qualitative empirical work about copyright, authorship and collaboration in the digital arts (published as Reassessing the Challenge of the Digital in M. Van Eechoud ed. The Work of Authorship, 2014, p.p.175-214). Dr Cooper’s research exposes varying concepts of authorship and ownership in the digital arts and, in the seminar, those case studies served as models for the ways in which the programme’s participants could think about authorship and ownership of their own collaborative work, as well as how to structure copyright agreements in practice. More about the programme, including a full list of participants, can be found here: https://waynemcgregor.com/questlab-network
Overall, piracy is declining, according to a study by Quintais and Poort (2019). Following the Global Online Piracy Study (Poort et al. (2018)), this study looks to “How Markets– Not Enforcement – Drive Down Copyright Infringement”. In particular, the study finds little evidence of sales displacement caused by piracy, which is somewhat offset by increasing sales in e.g. live concerts and cinema. Continue reading →
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In this blog,CREATe PhD candidate Jiarong Zhang reflects on two copyright history events, held on the first day of the CREATe Symposium: a roundtable discussion chaired by Dr Marta Iljadica (Lecturer in Law, CREATe) and evening lecture delivered by Dr Elena Cooper (Leverhulme Early Career Fellow, CREATe).
Dr Elena Cooper presenting ‘Whistler, Faed and Painting Copyright in the Nineteenth Century’ Photograph by Lukas Powroziewicz
On the first day of the Symposium, the focus was on copyright history. At the round-table discussion named Art, News and Markets: Copyright History and its Contemporary Echoes, chaired by CREATe’s Dr Marta Iljadica, law and non-law researchers gathered to discuss how historical perspectives connected research into the legal regulation of art, news, and markets in the nineteenth century as well as their current influences.. Until recently, copyright history has focussed, in the main, on the protection of literature and books. The first two speakers, discussed how their recent work providing an in-depth exploration of areas beyond literature – art and news – exposed new perspectives on copyright history. Continue reading →
This is part of a series of blogposts documenting the CREATe Symposium 2019. In this post, Amy Thomas reports on the Emerging Researchers’ Workshop, which took place on Tuesday 8 October 2019.
Image credit: Jie Liu
The CREATe Symposium 2019 opened with PhD candidates and postdoctoral researchers presenting their research via lightning talks and informal discussion in the Emerging Researchers’ Workshop (organised by Amy Thomas and chaired by Marta Iljadica, Lecturer in IP Law, University of Glasgow). Researchers were challenged to present in only 3 minutes with the aid of one slide.
Kenny Barr (Research Associate in the School of Culture and Creative Arts, University of Glasgow) opened the workshop by presenting ‘What Everybody Owns, Nobody Owns; Collective Licensing and the Soundtrack to a Property-Owning Democracy’ which considers the relationship between television production and recorded music. Using a case study of Homes Under the Hammer, Kenny analyses the effectiveness of the UK’s blanket licensing regime in shaping the aesthetic of television programmes. Continue reading →
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Responsibility has become one of the main principles of the European approach in regulating online platform services. The development of a regulatory framework for new media services and balancing the interests of rightholders and service providers has long been at the center of my research. Therefore, together with Prof. Katja Weckström Lindroos (University of Eastern Finland), Prof. Maria Lilla Montagnani (Bocconi University) and an international team of experts we have started a project focusing on structuring the role of platforms in preserving fundamental values including freedom of expression.
Initial findings and possibilities of developing the concept of responsible users, whose contribution is an essential element of platform environment, were presented during a seminar at CREATe, which I found to be a perfect place to discuss complex platform-user relations, and consult some of the ideas for the project. Continue reading →
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CREATe presents the seventh entry in our series of working papers released in 2019: “Know Your Rights: What can you do when your copyright is infringed?” by Elena Cooper (Leverhulme Early Career Fellow, CREATe) and Sheona Burrow (Postdoctoral Research Fellow, CREATe).
Following on from Working Paper 2018/02 (Cooper and Burrow, Photographic Copyright and the Intellectual Property Enterprise Court in Historical Perspective, Legal Studies, March 2019, 143-165), this paper analyses 21 judgments concerning the infringement of photographic copyright, delivered by the Intellectual Property Enterprise Court Small Claims Track (the IPEC SCT) in the first three years of its operation (October 2012-December 2015). The IPEC SCT is part of the High Court of England and Wales, with jurisdiction to hear intellectual property claims worth under £10,000, and the majority of claims commenced during this three year period were brought by freelance professional photographers (or their agents) for the infringement of photographic copyright. The paper addresses the significance of these judgments, which are not publicly available, for photographers contemplating court-action in the IPEC SCT.
The paper was initially published in the Journal of the Royal Photographic Society (which can be found at http://rps.org/new-journal), May 2019.