Since inception, an important strand of CREATe work has been coordinating and contributing responses to policy consultations in the UK and EU. On this page you will find a record of these responses, followed by a list of CREATe contributions to European wide interventions through the European Copyright Society.
‘The Re-Intermediation of the Music Industries Value Chain: Market Definition, Streaming Gatekeepers and the Control of Data’ – a response by CREATe to CMA music and streaming market study Statement of Scope (February 2022)
‘Copyright (in design) post-Brexit: should section 52 of CDPA 1988 be reinstated?’ – A response by CREATe to Post-implementation review of the repeal of CDPA 1988 section 52: call for views (August 2021)
Development of a resource page that supports an independent perspective on the process of Implementation of the EU Directive on Copyright in the Digital Single Market:
Joint public consultation submission by The Intellectual Property Research Institute of Australia and CREATe: Comments on exposure draft Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (September 2020)
Open letter to the European Commission and the relevant authorities of Member States of the European Union: “Use-it-or-lose-it”: an historic opportunity to achieve better copyright outcomes for creators – will it go to waste? (December 2020)
Since 2016, CREATe has tracked policy developments and coordinated responses by European academics in relation to the Directive on Copyright in the Digital Single Market:
Response to the Intellectual Property Office post-implementation review: 2014 copyright changes, on behalf of CREATe by Elena Cooper, Marta Iljadica, Martin Kretschmer, Thomas Margoni and Bartolomeo Meletti (April 2019).
Second Open Letter (26 April 2018) to Members of the European Parliament and the Council of the European Union, by 25 leading European research centres on the Proposed Directive on Copyright in the Digital Single Market.
The letter identifies a scientific consensus:
- that the proposed exception for text-and-data-mining in Art. 3 will not achieve its goal to stimulate innovation and research if restricted to certain organisations,
- that the proposals for a new publishers’ right under Art. 11 will favour incumbent press publishing interests rather than innovative quality journalism,
- and that the proposals for Art. 13 threaten the user participation benefits of the e-Commerce Directive (2000/31/EC).
First Open Letter (24 February 2017) to Members of the European Parliament and the Council of the European Union by 35 legal, economic and social scientists (representing the leading European centres researching intellectual property and innovation law) opposing Articles 11 and 13 of the Proposed Directive on Copyright in the Digital Single Market. Article 11 creates a new exclusive right for press publishers and Article 13 concerns the liability of online intermediaries for user generated content.
Response to Article 11 of the Proposal for a Directive on Copyright in the Digital Single Market, entitled ‘Protection of press publications concerning digital uses’ on behalf of thirty seven professors and leading scholars of Intellectual Property, Information Law and Digital Economy and led by Lionel Bently, Co-Director of CIPIL, University of Cambridge (5 December 2016).
Response to the Public Consultation by the European Commission on the Role of Publishers in the Copyright Value Chain, on behalf of the European Copyright Society by Martin Kretschmer, Séverine Dusollier, Christophe Geiger, and P. Bernt Hugenholtz (15 June 2016).
[This Opinion was published as a CREATe Working Paper, and in the European Intellectual Property Review E.I.P.R. 36(10): 591-595 (September 2016)]
Response to the Public Consultation by the European Commission on the Evaluation and Modernisation of the Legal Framework for the Enforcement of Intellectual Property Rights on behalf of CREATe by Elena Cooper, Theodore Koutmeridis and Martin Kretschmer (April 2016).
Professor Derek McAuley was appointed in September 2015 as special advisor to the House of Lords EU committee inquiry into Online Platforms in the EU Digital Single Market.
The Report of the Select Committee (10th Report of Session 2015–16, 128pp) can be downloaded here (20 April 2016).
Professor Lilian Edwards was appointed for 2015/16 as Researcher in Residence at the Digital Catapult, and in 2016 as acting manager of the Personal Data and Trust Network.
Georg von Graevenitz, Senior Lecturer in Quantitative Methods in the Business School of Queen Mary University of London was commissioned by the Intellectual Property Office (IPO) to produce a report providing evidence on trade mark clutter in the unified trade mark register of the European Union.
The report ‘Cluttering and Non-use of Trademarks in Europe‘ (Georg von Graevenitz, Richard Ashmead, Christine Greenhalgh) was published in August 2015 and is available here.
Letter by UK Intellectual Property Law Professors to the Parliamentary Scrutiny Committee on Secondary Legislation, addressing concerns about the implementation of new copyright exceptions for Parody and Quotation, and Personal Copying for Private Use (4 June 2014).
Response to the Public Consultation on the Review of the EU Copyright Rules on behalf of CREATe by Martin Kretschmer, Ronan Deazley, Lilian Edwards, Kristofer Erickson, Burkhard Schafer and Daniel John Zizzo (March 2014). This submission was published as a CREATe working paper, and in the European Intellectual Property Review: E.I.P.R. August 2014, 36(9), pp.547-553]
This submission was subsequently published as a CREATe working paper, and in the European Intellectual Property Review: E.I.P.R. August 2014, 36(9), pp.547-553
CREATe Response to the Public Consultation on the Review of the EU Copyright Rules, on behalf of CREATe and the Scottish Council on Archives, submitted by Ronan Deazley (CREATe) and Irene O’Brien (Chair of the Board of Trustees, Scottish Council on Archives) to the Government’s consultation on orphan works (28 February 2014)
Responses submitted with BILETA as part of IPO Technical Review of Draft Legislation on Copyright Exceptions(Summer 2013)
- New Exception for Parody
- Amendments to Exceptions for Education
- New Exception for Data Analysis for Non-commercial Research
- Amendments to Exceptions for Research, Libraries and Archives
Repeal of the Copyright, Designs and Patents Act s 52/Clause 66 of the ERR Bill, led by Professor Lionel Bently (University of Cambridge)