Professor Martin Kretschmer
- Professor of Intellectual Property Law and Director of CREATe Centre (School of Law)
telephone:
0141 330 3886
email:
Martin.Kretschmer@glasgow.ac.uk
CREATe, 10 The Square, Glasgow, G12 8QQ
https://orcid.org/0000-0002-4088-6569Biography
Martin Kretschmer (LLM LSE, PhD UCL) is Professor of Intellectual Property Law and Director of CREATe (www.create.ac.uk), the Centre for Regulation of the Creative Economy. CREATe is an interdisciplinary research hub established in 2012 jointly by three UK research councils (Arts & Humanities AHRC, Engineering & Physical Sciences EPSRC, and Social & Economic Sciences ESRC), initially with a focus on copyright law. Since 2024, CREATe is funded as UK research infrastructure by the AHRC. From 2018-2023 CREATe was part of the AHRC Creative Industries Policy & Evidence Centre (led by innovation foundation Nesta). From 2020-2023, CREATe led the creative industries stream of a major EU H2020 research consortium: reCreating Europe – Copyright law, cultural diversity and the Digital Single Market.
From 2000-2012, Martin was Director of the Centre for Intellectual Property Policy & Management (CIPPM) at Bournemouth University (www.cippm.org.uk), since 2003 as Professor of Information Jurisprudence. From 1996-1999, he was an ESRC postdoctoral research fellow at Cass Business School, City University, London (ESRC Media Economics and Media Culture programme). Following undergraduate studies in Berlin and Vienna, Martin worked during the 1990s as German Consultant Editor at BBC Worldwide, and wrote for German language national newspapers, public radio and TV. Martin has advised the OECD (IP/innovation policy), major law firms (TV formats, copyright levies) and plays viola with Salonorchester Glasgow.
Martin is general editor (with Prof. Lionel Bently, Cambridge University) of www.CopyrightHistory.org, the digital archive of primary sources on copyright from 1450 to 1900. He is also chair of the editorial boards of the portals www.CopyrightUser.org and www.CopyrightEvidence.org. In 2015-2016, he served as president of the European Policy for Intellectual Property Association (EPIP). Martin was Fernand Braudel Fellow at the European University Institute in Fiesole/Florence (2018) and Weizenbaum Fellow at Humboldt University and Wissenschaftszentrum Berlin (2020). In 2024/25 Martin is a visiting fellow at the London School of Economics, LSE Law School, and chair of the European Copyright Society.
CREATe webpage:
http://www.create.ac.uk/
SSRN author page:
http://ssrn.com/author=1042378
Google Scholar:
https://scholar.google.co.uk/citations?user=sbcJOSoAAAAJ&hl=en
Research interests
Martin Kretschmer is best known for developing innovative empirical methods relating to issues in copyright and information law. He also has long standing interests in cultural economics, the theory of regulation and the history of ideas.
Within the work of the CREATe Centre, Martin has shaped an open knowledge environment, with a view to making research transparent and relevant to policy. This involves the creation of information portals, archives, resource pages, and regular policy contributions. He has led many independent reports, including for the UK Cabinet Office, the UK Intellectual Property Office, and the European Parliament.
Publications
Selected publications
Erickson, K. , Homberg, F. and Kretschmer, M. (2024) The role of openness in creative innovation: evidence from digital crowdfunding. Technological Forecasting and Social Change, 206, 123581. (doi: 10.1016/j.techfore.2024.123581)
Kretschmer, M. , Margoni, T. and Oruc, P. (2024) Copyright law and the lifecycle of machine learning models. International Review of Intellectual Property and Competition Law, 55(1), pp. 110-138. (doi: 10.1007/s40319-023-01419-3)
Margoni, T. and Kretschmer, M. (2022) A deeper look into the EU text and data mining exceptions: harmonisation, data ownership, and the future of technology. GRUR International, 71(8), pp. 685-701. (doi: 10.1093/grurint/ikac054)
Kretschmer, M. , Furgał, U. and Schlesinger, P. (2022) The emergence of platform regulation in the UK: an empirical-legal study. Weizenbaum Journal of the Digital Society, 2(2), w2.2.4. (doi: 10.34669/wi.wjds/2.2.4)
Favale, M., Kretschmer, M. and Torremans, P. (2020) Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law. Modern Law Review, 83(4), pp. 831-860. (doi: 10.1111/1468-2230.12527)
Heald, P., Erickson, K. and Kretschmer, M. (2015) The valuation of unprotected works: a case study of public domain photographs on Wikipedia. Harvard Journal of Law and Technology, 29(1), pp. 1-32.
Kretschmer, M. (2011) Private Copying and Fair Compensation: An empirical study of copyright levies in Europe. Project Report. Intellectual Property Office, Newport.
Kretschmer, M. , Derclaye, E., Favale, M. and Watt, R. (2010) The Relationship Between Copyright and Contract Law. Project Report. Strategic Advisory Board for Intellectual Property Policy, London, UK.
All publications
Grants
Martin Kretschmer has delivered more than 30 externally funded research projects, with a total value of £7m, some involving complex consortia, many with an international comparative dimension as well as significant policy and industry contributions.
List of awards
Funding body: AHRC
Title: CREATe Continuity funding as UKRI research infrastructure (Centre for Regulation of the Creative Economy)
Reference: AH/Y007662/1
Applicants: M. Kretschmer (PI), K. Erickson (Co-I), M. Eben (Co-I) with 8 CREATe academics
Dates: 2024-2028
Amount awarded: £1m
Project summary
Core funding by the AHRC as UK research infrastructure, with a focus on the regulation of creativity, technology and markets (intellectual property law, competition law, information and technology law). Activities funded include digital resources, policy and stakeholder engagement and capacity building.
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Funding body: DACS, BECS, Directors UK
Labour market surveys of UK primary creators
Applicants: M. Kretschmer, A. Thomas, M. Battisti
Lead researcher: A. Ehlinger (PDRA)
Dates: 2024-25
Amount awarded: £45,000
Project summary
Earnings and contracts surveys of UK visual artists, audio-visual performers and directors.
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Funding body: Knowledge Rights 21/Arcadia (charitable fund of Lisbet Rausing and Peter Baldwin)
Title: Evidence on Technological Protection Measures: the impact on research, education and preservation
Applicants: K. Erickson (PI), M. Kretschmer, A. Rosborough (Schulich School of Law, Dalhousie University, Canada)
Dates: 2023-2024
Amount awarded: €70,000
Project summary
There is limited understanding and empirical evidence of the impacts of technological protection measures (TPMs) on activities permitted by exceptions to copyright in Europe. The proposed work will clarify the legal status of TPMs in European and key international jurisdictions. Report 1 will comprise a comparative doctrinal analysis of the implementation of TPM / anti-circumvention provisions in the copyright laws of the 27 EU member states and their interaction with applicable exceptions and limitations. A second report will provide the first large-scale empirical survey of institutional users (including researchers, librarians and cultural heritage practitioners) since the CDSM Directive came into force. This survey will explore current possibilities for circumvention of TPMs within national law. A third study on the economic effects of TPMs, using video games as a case study, will illuminate the scope of the problem and specific responses and practices by institutions in relation to TPMs, serving as a guide for policy action based on economic estimates of the total cultural value lost/inaccessible due to protected content.
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Funding body: ALCS/AHRC Policy & Evidence Centre (PEC)
Title: A Survey of Authors’ Earnings 2020-21 (ALCS)
Trends in Authors’ Earnings: a labour market perspective (PEC)
Applicants: A. Thomas (PI), M. Battisti, M. Kretschmer
Dates: 2022-2023
Amount awarded: £30,000
Project summary
Update of contracts and earnings survey of UK literary authors (Kretschmer & Hardwick 2007, Kretschmer et al. 2019), assessing the effects of digital and pandemic changes on the labour market and working conditions of a specific professional sector.
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Funding body: Knowledge Rights 21/Arcadia (charitable fund of Lisbet Rausing and Peter Baldwin)
Title: The Law and Economics of e-lending in Europe
Applicants: M. Kretschmer (PI), K. Barr, M. Eben
Researcher: M. Frigeri
Dates: September 2022-January 2025
Amount awarded: €80,000
The project aims at understanding how different markets in e-lending function (education books, trade books), adopting concepts and principles developed by EU and national competition authorities. In addition to generating policy-relevant findings, addressing these questions will permit reflections on the wider societal goals e-lending, copyright and competition law are intended to support.
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Funding body: Royal Society of Edinburgh
Title: Scottish Law and Innovation Network (SCOTLIN)
Applicants: G. Noto La Diega (Stirling, PI), R. Ducato (Aberdeen), M. Kretschmer
Dates: January 2021-Dec 2023
Amount awarded: £20,000
Project summary
Network with research assistant and web support. Annual conferences and workshops. Series of (en)lighening talks. Interdisciplinary orientation, with links between academia, legal profession, civil society. Issues range from digital privacy, regulation of artificial intelligence, business tech-readiness to algorithmic accountability.
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Funding body: AHRC
Title: Centre of Excellence for Policy & Evidence in the Creative Industries (PEC)
Reference: AH/S001298/1
Applicants: H. Bakhshi (PI, Nesta), with 5 core partners (CREATe Glasgow, Manchester, Newcastle, Sussex, Work Foundation), 12 Co-Is
Dates: October 2018-March 2023
Amount awarded: £6m Consortium (fEC), of which £610,000 to University of Glasgow (Kretschmer, Schlesinger, Doyle)
Project summary
This national policy and evidence centre is a key part of the AHRC’s creative economy programme. Member of Managing Board, leading workstream “Intellectual Property, Business Models, Content Regulation and Access to Finance”.
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Funding body: European Union Horizon 2020
Title: reCreating Europe: Rethinking digital copyright law for a culturally diverse, accessible, creative Europe
Reference: No 870626
Applicants: Sant’Anna Pisa (PI C. Sganga), IViR University of Amsterdam, CREATe University of Glasgow (M. Iljadica, M. Kretschmer, T. Margoni), A.v.Humboldt-Institute for Internet & Society Berlin, University of Trento, Stichting Liber, and partners in Estonia, Danmark, Hungary, Ireland.
Dates: 2019-2022
Amount awarded: €3.1m Consortium, of which €454,000 to University of Glasgow
Project summary
reCreating Europe will develop (1) cross-national maps of multi-level regulatory responses that impact access to culture, cultural production, competitiveness of creative industries; (2) innovative qualitative and quantitative methods to measure the impact of digitization on the production and consumption of cultural goods and services; (3) legal and technological evaluation of TPMs and content-filtering algorithms, and their impact on cultural diversity, access to culture and the generation of cultural value.
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Funding body: Australian Research Council
Title: Reclaiming lost cultural value for authors and the public
Applicant: ARC fellowship of R. Giblin, Melbourne University (sub-project to CREATe/Kretschmer)
Dates: 2019-2021
Amount awarded: £56,000 to University of Glasgow
Project summary: Reversion right regimes in Europe
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Funding body: AHRC
Title: Intellectual Property and Collaborative Agreements
Applicants: M. Kretschmer (PI), S. Singh, B. Meletti
Dates: August-September 2018
Amount awarded: £8,900
Project summary
“Landscape” briefing paper on best practice in IP Consortium Agreements
https://www.create.ac.uk/publications/ip-collaborative-agreements-in-the-creative-industries/
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Funding body: Authors’ Licensing and Collecting Society (ALCS)
Title: 2018 survey of writers’ contracts and earnings
Applicants: M. Kretschmer (PI), S. Singh
Dates: January-September 2018
Amount awarded: £15,000
Project summary
Follow-up of pioneering survey (Kretschmer & Hardwick 2007), assessing the effects of digital changes on the labour market and working conditions of a specific professional sector.
https://www.create.ac.uk/uk-authors-earnings-and-contracts-2018-a-survey-of-50000-writers/
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Funding body: Microsoft research grant
Title: Reconstructing Rights: Rethinking copyright’s economic rights in a time of highly dynamic technological and economic change
Applicants: P.B. Hugenholtz (University of Amsterdam, PI), Martin Kretschmer, Joost Poort
Dates: 2015-2018
Amount awarded: €30,000
Project summary
This collaborative interdisciplinary research project re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities. The project follows an interdisciplinary approach, combining economic and legal methods. Project outputs include three symposia (Glasgow 2015, Brussels 2016, Bordeaux 2017) and an edited volume (Kluwer 2018).
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3515193
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Funding body: AHRC
Title: Unlocking co-creative possibilities: CREATe follow-on engagement with UK creative economy stakeholders to improve copyright practice and policy
Reference: AH/P013341/1
Applicants: M. Kretschmer (PI), R. Deazley, K. Erickson, S. Singh (named researchers B. Meletti, K. Patterson)
Dates: February 2017-December 2018
Amount awarded: £161,000 (£200K fEC, plus £30K UoG ESRC/EPSRC Impact Acceleration Account)
Project summary
The programme of engagement aims to effect a change in the copyright practices with respect to the value generation through co-creation.
1. Co-creation in the production chain: animations and guidance
Extending animation techniques (piloted in the award winning film The Adventure of the Girl with the Light Blue Hair - http://copyrightuser.org/the-game-is-on/), copyright opportunities and risks relating to co-creation will be presented as they arise in the production process. British Film Institute (BFI), lottery funded partner IntoFilm, UK Intellectual Property Office and Authors Licensing and Collecting Society (ALCS) are collaborating partners.
https://www.copyrightuser.org/
2. Co-creation from cultural heritage: events and guidance
This activity seeks to improve understanding how copyright norms shape digital access to cultural heritage. Using the exemplar of Sherlock Holmes, two screening events will explore the creative reuse of the Sherlock character at the BFI Southbank in London and in Glasgow’s new KelvinHall hub. National Library of Scotland, British Film Institute (BFI) and Chartered Institute of Library and Information Professionals (CILIP) are collaborating partners.
https://www.create.ac.uk/blog/2017/10/11/copyright-creative-reuse-screening-dec17/
3. Co-creation in policy deliberation: peer production of evidence
This activity will address neglected and under-represented stakeholder groups in the copyright policy making process, in particular micro-sized innovative firms and individual creators engaged in co-creation. In consultation with a Wikimedian-in-residence, we will provide new data-mining tools and open functionality via the MediaWiki software in order to facilitate a series of ‘virtual town hall meetings’ for these groups. Wikimedia Foundation, N-Square Consultants and UK IPO are collaborating partners.
https://www.copyrightevidence.org/evidence-wiki/index.php/Copyright_Evidence
4. UK Research and Innovation Network
CREATe will develop as a national catalyst, connecting expertise in law, social science and technology with stakeholders through a new national Research and Innovation Network for the Creative Economy. Scottish Games Industry network at Dundee, KTN Ltd (Creative Industries) and Digital Catapult are collaborating partners.
https://www.create.ac.uk/blog/2017/04/05/cin-launch/
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Funding body: AHRC/EPSRC/ESRC
Title: CREATe: RCUK Centre for Copyright & New Business Models in the Creative Economy
Reference: AH/K000179/1
Commitment: Director/PI
Dates: October 2012-December 2017
Amount awarded: £4,164,478 (£5m fEC)
Project summary
The CREATe (www.create.ac.uk) award funded a large interdisciplinary centre investigating copyright and digital innovation. The Centre was supported initially by £5m fEC over five years (2012-2017) from the Arts and Humanities Research Council (AHRC), Engineering and Physical Sciences Research Council (EPSRC) and Economic and Social Research Council (ESRC). The research programme was designed in collaboration with the Intellectual Property Office, Nesta, Technology Strategy Board and the UK cultural and creative industries. 60 projects were delivered by a Consortium spanning law, economics, management, computer science, sociology, psychology, ethnography and critical studies, linking seven interrelated themes: (i) Good, Bad and Emergent Business Models; (ii) Openness and Open Business Models; (iii) Regulation and Enforcement; (iv) Creative Practice and the Creative Environment; (v) Intermediaries and Platforms; (vi) User Creation, User Behaviour and Community Norms; and, (vii) Human Rights and the Public Interest. CREATe is based at the University of Glasgow, leading a consortium of seven Universities (University of East Anglia, University of Edinburgh, Goldsmiths University of London, University of Nottingham, University of St. Andrews and University of Strathclyde) and further projects awarded under devolved funding at Bath Spa University, Bournemouth University, University of Cambridge, University of Kent, Queen Mary University of London, University of Oxford, Queen’s University Belfast and Leeds University.
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Funding body: ESRC (match funded by UK Intellectual Property Office)
Title: The Value of Public Domain Works
Reference: ES/K008137/1
Applicants: M. Kretschmer (PI), K. Erickson, F. Homberg, D. Mendis
Dates: September 2013-January 2015
Amount awarded: 42,900 ESRC (80% fEC) + £52,000 IPO (100% fEC)
Project summary
The creative process within media firms is often characterised as a binary choice between licensing existing intellectual property or creating new intellectual property owned by the business. However, a third possibility exists, which is that creators draw upon material in the public domain, such as stories and ideas that are not protected by copyright. In the 2011 Review of Intellectual Property for the UK government, Ian Hargreaves suggested that “unduly rigid application of copyright law” may “block innovation” and “hamper growth”. The greater availability of creative material may indeed provide greater opportunities for the UK media sector and particularly SMEs. While this claim is theoretically plausible, there have been few empirical studies of value creation from a public domain perspective. It is the aim of this project to create a foundation for assessing the economic and social value that use of materials at the margins of copyright law brings to the UK economy.
https://www.create.ac.uk/valuing-the-public-domain-resource-page/
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Funding body: Digital Catapult
Title: CopyrightUser.org
CREATe researcher in residence at Digital Catapult
Applicants: M. Kretschmer (PI), B. Meletti (named researcher)
Dates: September 2015-August 2016
Amount awarded: £25,000
Project summary
Placement support for the lead producer of CREATe portal CopyrightUser.org. Production of new content, engagement with Copyright Hub, engagement with user groups (publishing, music, film, games, archives sector).
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Funding body: EPSRC
Title: Building Better Business Models: Capturing the Transformative Potential of the Digital Economy
Reference: EP/K039695/1
Applicants: C. Baden-Fuller (PI, CASS City University), Stefan Haefliger (Co-I, CASS City University, M. Kretschmer (Co-I), Mary Morgan (Co-I, LSE) Paul Nightingale (Co-I, SPRU Sussex), in collaboration with an international research team from leading business schools and social science departments located at Wharton, Grenoble, ETH Zurich
Dates: July 2013-June 2017
Amount awarded: £1m Consortium (fEC), of which £77K to University of Glasgow
Project summary
Sustainable advantage does not come from new technologies alone, but from better business models that are co-evolved and integrated with those technologies. We still do not properly understand which business models are best designed or adapted for any chosen technology, and what are the optimal timing and methods for integrating business model thinking into the technological trajectory, or whether (and how best) established business models might need to be fine-tuned – or even completely renewed – to align with new technologies as they emerge. The empirical work involves undertaking sector studies to examine the co-evolution of technology and business models across important economic sectors (such as software, digital entertainment, pharmaceuticals and satellites). We will document more than 50 cases of successful (and less successful) business model design and execution.
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Funding body: AHRC
Title: Creative Economy Showcase
Reference: [n/a]
Applicants: M. Kretschmer (PI), Philip Schlesinger, Kris Erickson, Ronan Deazley
Dates: Exhibition London, King's Place, March 2014
Amount awarded: £10,000
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Funding body: AHRC (match funded by University of Glasgow)
Title: CREATe Digital Platform Project
Reference: [n/a]
Applicants: M. Kretschmer (PI)
Dates: October 2013-September 2016
Amount awarded: £87,510 AHRC
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Funding body: ESRC
Title: What constitutes evidence for copyright policy? (Symposium as a part of ESRC Social Science Festival)
Reference: RES-622-26-565
Applicants: M. Kretschmer, R. Towse
Dates: 8 November 2012
Amount awarded: £2,900
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Funding body: UK Cabinet Office
Applicants: M. Kretschmer, S. Weston, J. Piesse
Title: Economic effects of mandating open standards in government IT (directly commissioned research contract)
Commitment: Co-I, co-author final report
Dates: March-August 2012
Amount awarded: £14,000
Project summary
The UK ICT Strategy, published on 30 March 2011, committed the Government to creating a common and secure IT infrastructure based on open standards. In Spring 2012, the Government consulted on options for mandating open standards for software interoperability, data and document formats. This research contributes to an impact assessment of the proposed policy by, (1) reviewing the evidence on the competition and innovation effects of standardisation in IT systems, (2) assessing the regulatory constraints of mandating open standards under EU competition and procurement law, (3) considering certain options for the implementation of an open standards policy, and (4) evaluating the costs and benefits of specific aspects of these options for government departments, delivery partners and supply chains.
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Funding body: UK Intellectual Property Office (IPO)
Applicants: F. Homberg, D. Secchi, D. Mendis, M. Kretschmer
Title: Policy making for the treatment of orphan works under UK copyright law (Hargreaves Review Implementation, tendered research contract)
Reference: CT-RES-006(b)
Commitment: Co-I, co-author final report
Dates: May 2012-April 2013
Amount awarded: £38,000
Project summary
Two components.
(A): Comparative review of orphan works regulation, tariffs and processes in Canada, Denmark, France, Hungary, Japan, and the US, including simulated right clearance for –
1. Historical geographic maps for a video game for mobile phones (up to 50 maps)
2. A vintage postcard collection for web publication and eventual sale of prints (up to 50 cards)
3. National folk tune recordings for multimedia/teaching (DVD) (up to 50)
4. Re-issuing a 1960/70s TV series as part of a digital on-demand service (one series)
5. Mass digitization of photographs by a public non-profit institution, with possible sale of prints (above 100.000 items)
6. Mass digitization of books by a private for-profit institution, with possible sale of books (above 100.000 items)
(B): Experiments, exploring user responses to pricing of products with different copyright characteristics (medium/authorship). The experiments will be able to control some of the variables involved in price definition.
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Funding body: UK Intellectual Property Office (IPO)
Applicants: K. Erickson, M. Kretschmer, D. Mendis
Title: Economic effects of introducing an exception for parody and pastiche into UK copyright law (Hargreaves Review Implementation, tendered research contract)
Reference: CT-RES-006
Commitment: Co-I, co-author final report
Dates: January-May 2012
Amount awarded: £16,000
Project summary
Study I presents new empirical data about the rate and kind of parody content production on the online video platform YouTube (1,845 user-generated music video parodies relating to the top-100 charting music singles in the UK for the year 2011), and their impact on commercial exploitation of original works where they can be considered to be part of the same market. Study II distils regulatory options for a parody exception from a comparative review of seven jurisdictions. A synoptic document examines the likely impact of policy options identified in Study II on the empirical sample gathered in Study I.
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Funding body: Economic & Social Research Council (ESRC)
Applicant: M. Kretschmer
Title: Comparative study of copyright levies (ESRC Fellow at UK Intellectual Property Office)
Reference: RES-173-27-0220
Commitment: PI, Placement Fellow (50%)
Dates: academic year 2010/11
Amount awarded: £43,018
Outcome: Report to IPO ‘Private Copying and Fair Compensation’ (cited in Hargreaves Review of IP & Growth May 2011; government’s response to Hargreaves August 2011, and IPO impact assessment December 2011); programme of knowledge transfer with IPO; presentations to policy makers at Brussels (Bruegel), Geneva (WIPO), Washington DC (SERCI).
Project summary
The placement fellowship in the Intellectual Property Office examined (i) the economics of different types of pricing (e.g. percentage of revenue, percentage of retail price, per user fee), (ii) issues arising from tax points (e.g. copying media, equipment, traffic), (iii) issues arising from distribution schemes (e.g. between various categories of legal rights, between authors and publishers, between major and minor earners, effects of earning thresholds) and (iv) crossborder trade effects of levy schemes.
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Funding body: Intellectual Property Foresight Forum (AHRC funded)
Applicants: M. Kretschmer
Title: Copyright term reversion
Commitment: IP Foresight Forum consultation response to Hargreaves Review of IP & Growth (drafter)
Dates: March 2011
Amount awarded: £2,000
Outcome: Presented in European Parliament Hearing: The Future of Copyright in the Digital Era (1 June 2011); revised version published in International Journal of Music Business Research
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Funding body: UK Strategic Advisory Board for IP Policy (SABIP)
Applicants: M. Kretschmer, E. Derclaye (Nottingham), R. Watt (Canterbury, NZ)
Title: The Relationship between Copyright and Contract Law
Commitment: consortium coordinator (PI), editor final report
Dates: August 2009-March 2010
Amount awarded: £10,222
Outcome: Policy workshop (March 2010), publication of report (172pp, July 2010), reported on Out-law.com (16/07/10), The Register (19/07/10), IPKat (12 & 19/07/10)
Project summary
Under a tender procedure, CIPPM became a preferred supplier of research services to the UK Strategic Advisory Board for Intellectual Property Policy (SABIP) in Spring 2009. In August, SABIP commissioned a review on the relationship of copyright and contract law from a consortium.
Abstract: Contracts lie at the heart of the regulatory system governing the creation and dissemination of cultural products in two respects: (1) The exclusive rights provided by copyright law only turn into financial reward, and thus incentives to creators, through a contract with a third party to exploit protected material. (2) From a user perspective purchases of protected material may take the form of a licensing contract, governing behaviour after the initial transaction. Thus, a review of the relationship between copyright and contract law has to address both supply- and demand-side issues. On the supply side, policy concerns include whether copyright law delivers the often stated aim of securing the financial independence of creators. Particularly acute are the complaints by both creators and producers that they fail to benefit from the exponential increase in the availability of copyright materials on the Internet. On the demand side, the issue of copyright exceptions and their policy justification has become central to a number of reviews and consultations dealing with digital content. Are exceptions based on user needs or market failure? Do exceptions require financial compensation? Can exceptions be contracted out by licence agreements? This report (i) reviews economic theory of contracts, value chains and transaction costs, (ii) identifies a comprehensive range of regulatory options relating to creator and user contracts, using an international comparative approach, (iii) surveys the empirical evidence on the effects of regulatory intervention, and (iv) where no evidence is available, extrapolates predicted effects from theory.
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Funding body: Design & Artists Copyright Society (DACS)
Applicants: M. Kretschmer, L. Bently (Cambridge)
Title: Publishing contracts of artists and visual creators
Commitment: joint project director (PI), 2 research assistants (E. Cooper; S. Singh)
Dates: October 2009-December 2010
Amount awarded: £23,000
Project summary
Following the model of the influential ALCS project on literary authors (see below), contractual trends and earnings of artists and visual creators are captured, using a survey methodology.
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Funding body: Economic & Social Research Council (ESRC)
Applicants: M. Kretschmer, J. Wardle (BU Media School), S. Singh (BU Business School)
Title: The Exploitation of Television Formats in Emerging Markets: Intellectual property and non-law based strategies
Reference: RES-186-27-0012
Commitment: project director (PI), 1 business fellow
Dates: October 2008-July 2009
Amount awarded: £32,000 (16K ESRC, 16K in kind FremantleMedia)
Outcome: (i) Digital resource http://televisionformats.bournemouth.ac.uk; (ii) dissemination seminar hosted by FremantleMedia, London on 16 June 2009 (oversubscribed with more than forty delegates from TV production companies, government officials, city lawyers, and academics – various media reports); (iii) conference paper at ISHTIP Milan (26-27 June 2009)
Project summary
Television formats (such as Big Brother, Who Wants to Be a Millionaire, Pop Idol or Strictly Come Dancing) have become a major export industry for Britain and the United States (who together account for nearly two thirds of all format hours broadcast annually worldwide). Yet, there is no such thing as a television format right under copyright law. Any producer is free to develop game, reality and talent shows that are based on similar ideas. This has created a paradox for programme developers and programme buyers: Why pay for a programme format if you can re-create it for free? This Business Placement project researched the use of legal (e.g. trade marks, know-how licences) and non-legal strategies (e.g. reputation networks, regional offices, branding) in the exploitation of television formats, in particular in relation to the major emerging markets (such as Eastern Europe, India and China). In close cooperation with the industry, the project has included (1) an interview based study at major international media fairs (MIPCOM and NATPE); (2) a case study of the exploitation of three successful television formats developed by FremantleMedia, one of the major UK independent television producers, and co-sponsor of the project.
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Funding body: Arts & Humanities Research Council (AHRC)
Applicants: Prof. Lionel Bently (Cambridge) and M. Kretschmer
Title: Primary Sources on Copyright (1450-1900)
(Electronic Database of Historical Materials on Copyright from Five Key Jurisdictions)
Reference: RE / PID number: 127573 / AID Number: 112383
Commitment: joint project director (Co-I), 5 research fellows (Dr Oren Bracha; Dr R. Deazley, Dr F. Kawohl, Dr J. Kostylo, Dr F. Rideau), sub-editor (L. Sundqvist), consultants (Prof. M. Thaller, K. Hoehne; Universität Köln)
Dates: October 2005-July 2008 (final report October 2008)
Amount awarded: £292,000
Outcome: (i) Digital archive www.copyrighthistory.org; (ii) launch conference at Stationers’ Hall, London with 80 scholars from Australia, Austria, Germany, France, Holland, India, Italy, Japan, New Zealand, Nigeria, Spain, Sweden, the UK and the US (19/20 March 2008); (iii) edited volume with papers from the conference (Privilege and Property: Essays on the History of Copyright, Cambridge: Open Book Publishers, 2010)
Project summary
Information norms (and in particular the laws of intellectual property) are constitutive of modern societies. An understanding of the sources of these norms is critical to understanding the scope and direction of current laws. The key historical materials on copyright derive from Italy (Venice), France, the UK, Germany and the United States. The project creates a free electronic archive of primary sources from the invention of the printing press (ca1450) to the Berne Convention (1886): in facsimile and transcription, translated and key word searchable. Editorial headnotes provide context.
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Funding body: Authors’ Licensing and Collecting Society (ALCS)
Applicants: M. Kretschmer, P. Hardwick (Professor of Economics, Bournemouth)
Title: ‘Authors’ earnings from copyright and non-copyright sources: A comparative survey of 25,000 British and German writers’
Commitment: project director (PI), 2 research fellows (Dr M. Guirguis, Dr F. Kawohl)
Dates: November 2005-July 2007
Amount awarded: £58,000
Outcome: press conference March 2007, final report – reported in Guardian (10/03/07), Independent on Sunday (11/03/07), Outlaw.com (16/07/07), The Register (17/07/07)
Project summary
There are few studies on authors’ earnings. In particular, there are no systematic studies assessing the effects of the legal framework of copyright and contract law on authors’ income and professional decisions. The available data seem to indicate that (i) only a small percentage of authors reach ordinary living standards from copyright income; that (ii) earnings from non-copyright activities are an important source of income for many authors. It was the aim of the project
- to provide a transparent and reliable survey of authors’ earnings from copyright and non-copyright sources in Germany and the UK
- to provide a systematic comparison of the legal and institutional differences affecting authors’ earnings in Germany and the UK.
(a) Survey
- Conduct a limited number of in depth interviews to generate working profiles of authors according to professional groups
- Devise and pilot questionnaire
- Perform survey by mailshot inserted into ALCS/VG Wort communication
- Compute and analyse returns statistically
- Triangulate results with ALCS/VG Wort distribution data
(b) Legal and institutional framework
- Drawing on existing comparative studies and a collection of template publishing contracts, construct a taxonomy of the legal and institutional framework in Germany and UK. The aim is to capture the prevalent characteristics of copyright contracts and remuneration from secondary use for groups of authors (such as literary authors, journalist and academics, and also sub-groups such as novelists, playwrights, screen writers and translators)
- Formulate hypotheses of links between the legal and institutional framework and authors’ earnings
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Funding body: ESRC/AHRC
Applicants: A. Pratt (LSE); P. Jeffcutt (Queens, Belfast)
Title: Cultural Industries Seminar Network
Commitment: Organised and hosted seminar on ‘Intellectual Property and Cultural Production’
Date: 16 September 2005
Amount awarded: £1,500
Outcome: special issue (2009) Information, Communication & Society (ed. with A. Pratt)
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Funding Body: European Commission
Applicant: Queen Mary Intellectual Property Research Institute
Title: EU PHARE twinning project with Latvia, ‘Protection of Intellectual Property Rights for Investment’:
Commitment: Leading activities 2, 3, 5: ‘Assessing the current and potential contribution of the creative, innovative and branded goods industries to the Latvian economy’
Dates: April - May 2005
Amount awarded: £8,500 (as sub-contract)
Outcome: author final report (with R. Deazley), June 2005; Latvia: Protection of Intellectual Property Rights for Investment (EU PHARE project), final report WG1 (needs analysis, case studies, findings, recommendations): pp. 1-25
Case Study 1: High Technology – Latvian Institute of Organic Synthesis (IOS)
Case Study 2: Industrial Design – Furniture Design
Case Study 3: Creative Industries – Microphone Records, Micrec Publishing
Funding body: Social Science Research Council, New York
Applicant: M. Kretschmer
Title: Issue brief for research programme ‘Intellectual Property, Markets, and Cultural Flows’
Dates: November 2003
Amount awarded: $1,500
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Funding body: Arts Council
Applicant: M. Kretschmer
Title: ‘Digital copyright and microdistribution in music and media arts’
Commitment: project director (PI), 1 research assistant (Dr F. Kawohl)
Dates: September 2003 - January 2004
Amount awarded: £5,000
Outcome: author final report, submitted January 2004; several papers (see list)
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Funding body: Swiss Federal Institute for IP
Applicants: M. Kretschmer, P. Hardwick (Bournemouth)
Title: ‘Economics of Geographical Indications under the WTO’
Commitment: project director (PI), 1 research assistant (J. Denoncourt LLM)
Dates: April - July 2003
Amount awarded: £14,000
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Funding body: Leverhulme Trust
Applicant: R. Soetendorp (Bournemouth)
Title: held position Leverhulme Senior Lecturer on project ‘Innovative Teaching in Intellectual Property’ (grant no. F801)
Dates: July 1999 - July 2001
Time commitment: 2 years full-time
Amount awarded: £80,000
Outcome: co-author final report, submitted 2002
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Funding body: ESRC
Applicants: R. Wallis, C.J. Choi (City University Business School)
Title: Principal researcher on project ‘Globalisation, Technology and Creativity: Current trends in the music industry’ (grant no. L126251003)
Dates: 1996-1999
Amount awarded: £220,000
Outcome: co-author final report: ‘Globalisation, Technology & the Music Industry: Current Trends and Implications for Creativity and (e)Business in the Digital Environment’, published by City University Business School August 1999 – reported in Economist, Financial Times
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Funding body: Design Council
Applicant: C. Baden-Fuller (City University Business School)
Title: Case study researcher, ‘The Value of the Design Approach in Newly Emerging Products, Firms and Markets: Cases from Financial Services, Biotechnology and Multimedia’
Dates: 1999
Amount awarded: part of £120,000
Outcome: co-author final report, submitted July 1999
Supervision
Research students under supervision
PhD projects are linked to the work of the CREATe Centre. They typically include an empirical component, and are often co-supervised with another academic School, Department or external Research Organisation.
- Cifrodelli, Gabriele
Breaking the ‘vicious cycle’: an Open Knowledge approach to regulating AI contribution in drug discovery and development. - Iramina, Aline
Copyright Governance by Algorithms: Towards a More Transparent Regime? - Kurt, Seher
Exploring digital authoritarianism in democracies through social media management - Mahapatra, Phalguni
Copyright Users Rights and Contractual Override - Sangaré, Joséphine
Public Private Partnerships in Cyber Capacity Building - Yi, Weiwei
“How free is free-to-play?”: Regulating Dark Design Patterns in video games through the EU Data regulations (GDPR, DSA, AIA)
Recent PhD completions include:
Methinee Suwannakit (2023) The protection of privacy and private information in the digital age: a comparative study of English and Thai law applying to individual media users (Lecturer Faculty of Law, Naresuan University, Thailand)
Jie Liu (2023) Institutional transplantation and its aftermath: a socio-legal analysis of the bureaucratic model of copyright collective management organisations in China
Joshua Yuvaraj (2022) Back to the start: re-envisioning the role of reversion in Australia’s copyright regime (collaboration with Prof. Rebecca Giblin, Monash and Melbourne Universities; since 2022, Senior Lecturer, Faculty of Law, University of Auckland, New Zealand)
Jiarong Zhang (2022) ‘Hierarchy of Protection’ and ‘Hierarchy of Culture’: What are the Effects of Copyright Law on Traditional Music (since 2022, Assistant Professor in Intellectual Property Law at Trinity College Dublin)
Amy Thomas (2022) The copyright user: a socio-legal enquiry (since 2021, Lecturer in IP and Information Law, Glasgow University)
Janet Burgess (2021) Amateur musicians’ awareness, perceptions and application of copyright law: where (and why) social and commercial priorities diverge (Network Officer, Intellectual Property Awareness Network – IPAN: http://ipaware.org/)
Jaakko Miettinen (2019) - Creative output in a market context (jointly with Dept. of Economics, Adam Smith Business School, University of Glasgow)
Victoria Stobo (2018) - ‘Archives, Digitisation & Copyright’ (jointly with digital humanities, Dept. of Information Studies; since 2018 Lecturer in Archive Studies, Liverpool University)
Andrea Wallace (2018) - ‘Claiming Surrogate IP Rights: When Cultural Institutions Repossess the Public Domain’ (jointly with National Library of Scotland; since 2017 Andrea is a Lecturer in Law at Exeter University)
Kenneth Barr (2017) - ‘Music copyright in the digital age: creators, commerce and copyright- an empirical study of the UK music copyright industries’ (Lord Kelvin Adam Smith bursary, jointly with Dept. of Music; since 2017 Kenny is a postdoctoral research at the Centre for Cultural Policy Research, University of Glasgow)
Megan Blakeley (2017) - ‘Culture, Heritage, and Intellectual Property: Successes and Sacrifices in Leveraging Gaelic Cultural Nationalism for Economic Development’ (since 2016 Megan has been a Lecturer in Law at Lancaster University: http://www.lancaster.ac.uk/law/people/megan-blakely)
Sheona Burrow (2017) - ‘Access to Justice in the Small Claims Track of the Intellectual Property Enterprise Court (IPEC): An Empirical Enquiry into Use by Creative SMEs’ (since 2017 Sheona is in-house solicitor at a London firm and CREATe postdoctoral fellow)
Additional information
External Responsibilities
Advisory committees: UK Intellectual Property Office (IPO) Research Expert Advisory Group (2014–); AHRC China Centre for Digital Copyright and IP (2015–17); Digital Catapult Advisory Group (2013–16); UK IPO Copyright Expert Advisory Group CREAG (2011–14); UK-SCL Steering Group (open access initiative 2017–); Learning on Screen Copyright Advisory Board (2018–2023)
Scientific boards: Member of European Copyright Society (2015–, chair 2024/25); Managing board, Internet Policy Review (2014–); Advisory board, Int. Association of Music Business Research (2009–14); Executive board, International Society for the History & Theory of Intellectual Property (ISHTIP) (2008–); Board, European Policy for IP Association (EPIP) (2014–, president 2015/16)
