Centre for Intellectual Property and Information Law (CIPIL) Podcast

Session 3: Could a new law help? What is the economic evidence? What legal restraints would a new law have to observe? What political concerns are likely to be raised by a new law? Professor Lionel Bently (University of Cambridge), chairs a panel discussing these issues comprised of Bertin Martens (European Commission, speaking in a personal capacity), Professor Bernt Hugenholtz (University of Amsterdam), Marietje Schaake MEP

This is a recording of a conference entitled "Conference: Copyright, related rights and the news in the EU: Assessing potential new laws" held on Saturday 23rd April 2016 at the University of Amsterdam.

The difficulties of commercial journalism

Like music and other branches of publishing, commercial news journalism has faced radical challenges over the last two decades. There is talk of the "death of the newspaper" and questions have been raised about the very future of journalism. While with music, books and films, the greatest threat to existing business models have been seen as the unauthorised and unremunerated home copying and peer-to-peer distribution, with commercial news journalism much of the challenge derives from the fact that advertising has not followed the shift of print-newspapers to the Internet. Such difficulties are compounded, from the point of view of news publishers, by the relatively free availability of news from other online sources. And they’ve been further compounded by the recent rise of social media, particularly Facebook, as a main route to the news.

Questions that arise

Is there sufficient rationale to alter copyright or related laws in a way that benefits news publishers? Should commercial news publishers benefit from any change in the law, given that other means exist for gathering and disseminating news? How strong is an economic case for such a right? To what extent is any economic case for change supplemented by other arguments, such as reward and natural rights arguments, and arguments about media plurality? Should European law treat news publishers in a similar way to other content producers, such as phonogram producers and broadcasters, who benefit from a related right? Would individual journalists benefit from a right afforded to news publishers, and if so, to what extent? Should news publishers benefit from levies and compensation schemes designed to benefit author-journalists?

This one day conference at IViR sought to address these questions. The conference was part of a two-year, AHRC funded project at CIPIL, Cambridge University, entitled Appraising Potential Legal Responses to Threats to the Production of News in a Digital Environment, which the IViR kindly hosted and facilitated.

The conference brought together an interdisciplinary combination of academics and practitioners to discuss the issue, including representatives from news producing, publishing and disseminating organizations, both traditional and online.

More information: http://www.cipil.law.cam.ac.uk/seminars-and-events/conference-copyright-related-rights-and-news-eu-assessing-potential-new-laws

Session 2: What went before? What legal responses have there been in other countries, and what can be learnt from these about the prospects, requirements and effect of any new law? Professor Bernt Hugenholtz (University of Amsterdam) chairs a panel discussing these issues, comprised of Professor Michael Grünberger (University Bäyreuth), Professor Raquel Xalabarder (Universitat Oberta de Catalunya), Søren Christian Søborg Andersen (Horten), and Chris Beall (LSKS Law)

Slides for this session are available at:

- Professor Raquel Xalabarder:

http://resources.law.cam.ac.uk/cipil/documents/copyright_related_rights_and_the_news_in_the_eu/Xalabarder_2016_News_IVIR.pdf

- Professor Michael Grünberger:

http://resources.law.cam.ac.uk/cipil/documents/copyright_related_rights_and_the_news_in_the_eu/Gruenberger%20Ancillary%20Right.pdf

This is a recording of a conference entitled "Conference: Copyright, related rights and the news in the EU: Assessing potential new laws" held on Saturday 23rd April 2016 at the University of Amsterdam.

The difficulties of commercial journalism

Like music and other branches of publishing, commercial news journalism has faced radical challenges over the last two decades. There is talk of the "death of the newspaper" and questions have been raised about the very future of journalism. While with music, books and films, the greatest threat to existing business models have been seen as the unauthorised and unremunerated home copying and peer-to-peer distribution, with commercial news journalism much of the challenge derives from the fact that advertising has not followed the shift of print-newspapers to the Internet. Such difficulties are compounded, from the point of view of news publishers, by the relatively free availability of news from other online sources. And they’ve been further compounded by the recent rise of social media, particularly Facebook, as a main route to the news.

Questions that arise

Is there sufficient rationale to alter copyright or related laws in a way that benefits news publishers? Should commercial news publishers benefit from any change in the law, given that other means exist for gathering and disseminating news? How strong is an economic case for such a right? To what extent is any economic case for change supplemented by other arguments, such as reward and natural rights arguments, and arguments about media plurality? Should European law treat news publishers in a similar way to other content producers, such as phonogram producers and broadcasters, who benefit from a related right? Would individual journalists benefit from a right afforded to news publishers, and if so, to what extent? Should news publishers benefit from levies and compensation schemes designed to benefit author-journalists?

A one day conference at IViR will seek to address these questions. The conference is part of a two-year, AHRC funded project at CIPIL, Cambridge University, entitled Appraising Potential Legal Responses to Threats to the Production of News in a Digital Environment, which the IViR will kindly host and facilitate.

The conference brings together an interdisciplinary combination of academics and practitioners to discuss the issue. Representatives from news producing, publishing and disseminating organizations, both traditional and online, have been invited and speakers will include Andrew Hughes from the NLA Media Access. Academic speakers include Lionel Bently and John Naughton from Cambridge; Bernt Hugenholtz and Mireille van Eechoud from IViR; Ian Hargreaves from Cardiff University; Raquel Xalabarder (UOC Barcelona) and Jan Hegemann (FU Berlin).

More information: http://www.cipil.law.cam.ac.uk/seminars-and-events/conference-copyright-related-rights-and-news-eu-assessing-potential-new-laws

Session 1: Why are we here? What problems face news publishers? Why is this important? Why might we expect a new European copyright or related law to help resolve them? Professor Ian Hargreaves (University of Cardiff) chairs a panel discussing these issues, comprised of Dr Richard Danbury (University of Cambridge), Professor Dr Jan Hegemann (Raue LLP), Matt Rogerson (The Guardian), Andrew J Hughes (NLA Media Access, speaking in a personal capacity), Mark Seeley (RELX).

Slides for this session are available at:

http://resources.law.cam.ac.uk/cipil/documents/copyright_related_rights_and_the_news_in_the_eu/slidesNewsCopyrightconference(v.1).pdf

This is a recording of a conference entitled "Conference: Copyright, related rights and the news in the EU: Assessing potential new laws" held on Saturday 23rd April 2016 at the University of Amsterdam.

The difficulties of commercial journalism

Like music and other branches of publishing, commercial news journalism has faced radical challenges over the last two decades. There is talk of the "death of the newspaper" and questions have been raised about the very future of journalism. While with music, books and films, the greatest threat to existing business models have been seen as the unauthorised and unremunerated home copying and peer-to-peer distribution, with commercial news journalism much of the challenge derives from the fact that advertising has not followed the shift of print-newspapers to the Internet. Such difficulties are compounded, from the point of view of news publishers, by the relatively free availability of news from other online sources. And they’ve been further compounded by the recent rise of social media, particularly Facebook, as a main route to the news.

Questions that arise

Is there sufficient rationale to alter copyright or related laws in a way that benefits news publishers? Should commercial news publishers benefit from any change in the law, given that other means exist for gathering and disseminating news? How strong is an economic case for such a right? To what extent is any economic case for change supplemented by other arguments, such as reward and natural rights arguments, and arguments about media plurality? Should European law treat news publishers in a similar way to other content producers, such as phonogram producers and broadcasters, who benefit from a related right? Would individual journalists benefit from a right afforded to news publishers, and if so, to what extent? Should news publishers benefit from levies and compensation schemes designed to benefit author-journalists?

This one day conference at IViR sought to address these questions. The conference was part of a two-year, AHRC funded project at CIPIL, Cambridge University, entitled Appraising Potential Legal Responses to Threats to the Production of News in a Digital Environment, which the IViR kindly hosted and facilitated.

The conference brought together an interdisciplinary combination of academics and practitioners to discuss the issue, including representatives from news producing, publishing and disseminating organizations, both traditional and online.

More information: http://www.cipil.law.cam.ac.uk/seminars-and-events/conference-copyright-related-rights-and-news-eu-assessing-potential-new-laws

Dr Orla Lynskey of the London School of Economics gave an evening seminar entitled "The Consolidation of Personal Datasets: From Data Protection to Data Plurality" on Thursday 21 April 2016 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

On Saturday 12 March 2016 the Centre for Intellectual Property and Information Law (CIPIL) held it's annual Spring Conference, entitled 'The Essence of IP: Scope of Protection'.

In this recording, Sara Ashby (Redd Solicitors) speaks on the topic of 'Scope of Designs: Missed Opportunities, Mysteries and Misunderstood'.

On Saturday 12 March 2016 the Centre for Intellectual Property and Information Law (CIPIL) held it's annual Spring Conference, entitled 'The Essence of IP: Scope of Protection'.

In this recording, Simon Malyniz QC (3 New Square) speaks on the topic of 'Not Just Black and White: Distilling the Ingredients of Trade Mark Scope'.

On Saturday 12 March 2016 the Centre for Intellectual Property and Information Law (CIPIL) held it's annual Spring Conference, entitled 'The Essence of IP: Scope of Protection'.

In this recording, Michael Silverleaf QC (11 South Square) speaks on the topic of 'Fair Protection or Reasonable Certainty: Which is it to Be?'.

Professor Alain Strowel delivered the eleventh Annual International Intellectual Property Lecture (funded from the Herchel Smith Bequest) at Emmanuel College entitled 'Big Data in the platform economy: A need to redesign the rules?' on 8 March 2016 as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Alain serves as a professor at the Saint-Louis University (Brussels) and the UCLouvain (Belgium). He teaches as well at the KULeuven and the Munich Intellectual Property Law Center. His courses cover mainly copyright, media and design law.

Alain graduated in law (1983) and obtained a Ph. D. in law (1992) from the UCLouvain. In addition, he obtained graduate degrees in economics (1984) and philosophy (1985). He has authored numerous articles and a few books, including Droit d’auteur et copyright (LGDJ and Bruylant, 1993), Droit d’auteur et numérique: logiciels, bases de données, multimédia (with Estelle Derclaye, Bruylant, 2001) and Quand Google défie le droit (De Boeck et Larcier, 2011). He has edited various books among which: Of Authors and Origins (with Brad Sherman, Clarendon Press, 1994), Droit d’auteur et liberté d’expression (with Fr. Tulkens, Larcier, 2006), Intellectual Property and Theories of Justice (with A. Gosseries et A. Marciano, Palgrave Macmillan, 2008), Peer-to-Peer File Sharing and Secondary Liability in Copyright Law (Edward Elgar, 2009), Le téléchargement d’œuvres sur Internet (with C. Doutrelepont et Fr. Dubuisson, Larcier, 2012), Net Neutrality in Europe – La neutralité de l’Internet en Europe (Bruylant, 2013).

Alain Strowel is a avocat at the Brussels bar since 1988. Alain Strowel’s practice concentrates on intellectual property, media and information technology law. Prior to join the U.S. firm Covington & Burling LLP (2001-2014), Alain worked in the Brussels IP section of the Dutch firm NautaDutilh.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

This entry provides an audio source for iTunes U.

Professor Alain Strowel delivered the eleventh Annual International Intellectual Property Lecture (funded from the Herchel Smith Bequest) at Emmanuel College entitled 'Big Data in the platform economy: A need to redesign the rules?' on 8 March 2016 as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

Alain serves as a professor at the Saint-Louis University (Brussels) and the UCLouvain (Belgium). He teaches as well at the KULeuven and the Munich Intellectual Property Law Center. His courses cover mainly copyright, media and design law.

Alain graduated in law (1983) and obtained a Ph. D. in law (1992) from the UCLouvain. In addition, he obtained graduate degrees in economics (1984) and philosophy (1985). He has authored numerous articles and a few books, including Droit d’auteur et copyright (LGDJ and Bruylant, 1993), Droit d’auteur et numérique: logiciels, bases de données, multimédia (with Estelle Derclaye, Bruylant, 2001) and Quand Google défie le droit (De Boeck et Larcier, 2011). He has edited various books among which: Of Authors and Origins (with Brad Sherman, Clarendon Press, 1994), Droit d’auteur et liberté d’expression (with Fr. Tulkens, Larcier, 2006), Intellectual Property and Theories of Justice (with A. Gosseries et A. Marciano, Palgrave Macmillan, 2008), Peer-to-Peer File Sharing and Secondary Liability in Copyright Law (Edward Elgar, 2009), Le téléchargement d’œuvres sur Internet (with C. Doutrelepont et Fr. Dubuisson, Larcier, 2012), Net Neutrality in Europe – La neutralité de l’Internet en Europe (Bruylant, 2013).

Alain Strowel is a avocat at the Brussels bar since 1988. Alain Strowel’s practice concentrates on intellectual property, media and information technology law. Prior to join the U.S. firm Covington & Burling LLP (2001-2014), Alain worked in the Brussels IP section of the Dutch firm NautaDutilh.

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk

Dev Gangjee joined Oxford in 2013 as an Associate Professor in Intellectual Property within the Law Faculty as well as a Tutorial Fellow at St Hilda's College. He is presently Director of the Oxford Diploma in IP Law and Practice. Prior to this, he was a senior lecturer at the London School of Economics. Dev is a graduate of the National Law School of India and Oxford, where he was a Rhodes Scholar. He has acted in an advisory capacity for national governments, law firms, international organisations and the European Commission on IP issues.

Dev's research focuses on Intellectual Property (IP), with a special emphasis on Branding and Trade Marks, Geographical Indications and Copyright law. Additional research interests include the history and political economy of IP, collective and open innovation, and the interface between IP and theories of development. He is an Academic Member of the Oxford IP Research Centre and a Research Affiliate with IP Osgoode, Canada. He is also an Editorial Board member of the Modern Law Review and editor for its Legislation and Reports Section.

Dr Dev S Gangjee, Associate Professor, Faculty of Law, University of Oxford gave an evening seminar entitled "Is Functionality Functioning? Exclusions for 3D Marks in the EU" on Thursday 25 February 2016 at the Faculty of Law as a guest of CIPIL (the Centre for Intellectual Property and Information Law).

For more information see the CIPIL website at http://www.cipil.law.cam.ac.uk