Charlotte Waelde

Law and the Internet : regulating cyberspace

Part 1 Introduction: introduction, Lilian Edwards and Charlotte Waelde a lawyers introduction to the Internet, Andrew Terrett setting up a legal Web site - pitfalls and promises, John MacKenzie. Part 2 Intellectual property aspects: trade marks and domain names - whats in a name?, Charlotte Waelde copyright and the Internet, Hector MacQueen. Part 3 Electronic commerce: contract formation on the Internet - shattering a few myths, Lars Davies software transactions and contract law, Hector MacQueen legal barriers to electronic contracts - formal requirements and digital signatures, Ian Lloyd the taxation of electronic commerce, Sandra Eden. Part 4 Liability for content on the Internet: defamation and the Internet - name-calling in Cyberspace, Lilian Edwards news without frontiers - pre-trial prejudice and the Internet, Alistair Bonnington computer crime, Paul Cullen governance of pornography and child pornography on the global Internet - a multi-layered approach, Yaman Akdeniz. Part 5 Electronic evidence and procedure: the impact of information technology upon civil practice and procedure, Stuart Gale.

Copyright and cultural work: an exploration

This article first discusses the contemporary debate on cultural “creativity” and the economy. Second, it considers the current state of UK copyright law and how it relates to cultural work. Third, based on empirical research on British dancers and musicians, an analysis of precarious cultural work is presented. A major focus is how those who follow their art by way of “portfolio” work handle their rights in ways that diverge significantly from the current simplistic assumptions of law and cultural policy. Our conclusions underline the distance between present top-down conceptions of what drives production in the cultural field and the actual practice of dancers and musicians.

Copyright, Cultural Heritage and Photography: A Gordian Knot?

EuropeanaPhotography was a project funded by the European Commission with the remit to digitise photographic collections from museums, libraries, archives and photograph agencies, and to make the digitised images available via the European portal, Europeana. The collections spanned 100 years of photography from 1839 to 1939 and many of the photographs depicted individuals and family life during these 100 years. In this contribution we explore the experiences of members of the consortium as they sought to navigate what are considered to be the complexities of copyright as it applies to digital photography. Of particular concern to many members of the consortium was (a) the desire to protect (family) privacy against commercial exploitation; (b) a concern to safeguard the authenticity and integrity of our cultural heritage; and (c) the perceived need to protect existing business models. This chapter discusses the challenges that members of the consortium faced and how they dealt with the challenges as they arose. Finally, the chapter suggests that the copyright strategy developed for the RICHES project that encourages cultural heritage institutions to think about their digitisation programmes first through the human rights lens to culture and cultural rights, and then ask how copyright may be used as a tool to meet those aims. While it is not suggested that such an approach could resolve all of the copyright conundrums that arise in this sector, what it could do is to help stakeholders to think differently about issues involved.

Digital transformations in the Arts and Humanities: Negotiating the copyright landscape in the United Kingdom

This chapter reports on research to investigate the “copyright literacy” of librarians in the UK. Based on a survey and focus groups, undertaken following reform of copyright legislation in the UK in 2014, it originated from a European study. The research highlights gaps in knowledge, identifies training requirements in the sector, and suggests library and information science (LIS) qualifications and continuing professional development (CPD) need to address a greater range of topics related to copyright and intellectual property rights. The data also suggests that copyright is a source of anxiety for many librarians. Following the survey, a follow-up qualitative study was undertaken, using phenomenography as a way of exploring in detail librarians’ varying experiences of copyright. The chapter concludes by discussing how copyright might form a key component of the wider digital and information literacies taught by librarians. It also discusses how games based learning might be a valuable approach to copyright education.

Review: Intellectual Property Rights in the Global Economy

Intellectual property lawyers are well aware that certain developed countries, the US and the UK included, are net exporters of intellectual property. In other words, these countries export more intellectual property in value than they import. Lawyers also know that those net exporting countries benefit financially from the protection of IP rights at a high level throughout the world so that creators based in exporting countries can protect their IP rights in importing countries. Revenue from IP rights flows from importing countries to exporting countries. Accordingly, negotiations leading up to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) were driven by the exporting countries, most notably the US. IP lawyers worry however about the effect that the TRIPs agreement might have on the economies of developing countries. Might a global increase in the standards for the protection of IP rights in developed and developing countries have an adverse effect on the ability of those in the developing countries to innovate? Might those in the developing countries be tied long-term to paying the developed countries for the right to utilise protected inventions or use creative works originating in the developed countries? IP lawyers can probably point to an assortment of law articles where these assertions are made. They may also be able to point to articles written by authors from other disciplines. Sometimes they might delve into economic literature – but then be confounded by the mathematics used to support the arguments. Not so with this book. This is a clearly written and easily accessible text written by an economist with knowledge and understanding of the IP system, and one who is able to talk in an accessible manner to the non-economist. There are a number of tables containing a variety of statistics, and one illustration in graph form that ‘demonstrates a linear demand and marginal revenue for a product that has been invented and may be supplied to the market at constant marginal cost’ (p29.) But the relevance of the information contained in the tables and the graph are explained in the text in an accessible, simple and clear manner, as are other economic assumptions used in the course of the discussion. The book is clearly and logically structured. From the statement of the objectives of the study in the first chapter, through the arguments aided by the concise summaries at the end of chapters 2 to 7, to the conclusions and policy recommendations in chapter 8, the reader is led gently though the discussion. The ground covered includes the development of