Research Handbook on Intellectual Property and Creative Industries


Research Handbook on Intellectual Property and Creative Industries

9781786431165 Edward Elgar Publishing
Edited by Abbe E.L. Brown, School of Law, University of Aberdeen and Charlotte Waelde, Centre for Dance Research, Coventry University, UK
Publication Date: 2018 ISBN: 978 1 78643 116 5 Extent: 416 pp
The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.

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Critical Acclaim
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The creative industries are becoming of increasing important from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.

Distinguished international contributors reflect on the diverse policy approaches from across the world, taking into consideration a broad spectrum of economic and philosophical stances. In doing so, the topical chapters offer a global exploration of a wide breadth of issues, including sector-specific examples ranging from museums to traditional knowledge and artificial intelligence to enforcement and new business models. Intriguingly, this Handbook also looks forward to future challenges and developments regarding the role of IP in creative industries.

Delivering fresh and challenging perspectives on the rich and important relationship between IP and the creative industries, this Handbook will be vital reading for scholars of IP. It will also be an important reference for advisors to, policymakers for, and funders of the creative industries, as well as activists challenging the power of IP.
Critical Acclaim
‘The collection is an extremely useful research guide and a “must-have” for anyone interested in the CI, particularly as it approaches the topic from the perspective of different countries, cultures, issues and developments. It provides a holistic view on IP and CI in pushing boundaries and goes beyond the common themes of everyday discussion. It is a well thought out and insightful book and provides an excellent addition to the Edward Elgar Research Handbook series.’
– Dinusha Mendis, IPKat

‘This Research Handbook is certainly a recommended read for any legal scholar researching CI.’
– Sabine Jacques, The Modern Law Review

‘There are lots of interesting nuggets in this collection, so it is recommended for anyone with an interest in the interaction of copyright with creative arts and industries, and for law libraries.’
– Charles Oppenheim, European Intellectual Property Review

‘Overall the editors have fashioned a forward-looking and engaged discussion of the many issues surrounding IP and the creative industries. Contributors do, as noted, provide some rather pointed observations and there is a sophisticated level of understanding of the real-world issues at play. This Research Handbook provides an incisive analysis as to how the creative industries and IP have coped with legal, social and technical change. Further, the examination of enforcement and economics is well-presented and informative. The scope of themes discussed and array of perspectives makes it a valuable contribution to those in the creative industries and to IP scholars globally.’
– Fiona Rotstein, IP Forum

‘Professors Abbe E.L. Brown’s and Charlotte Waelde’s Research Handbook deserves attention. The editors collected a great variety of articles focusing on CI and IP from various perspectives, including law, economy, history, philosophy, technology, media, and several further aspects of social sciences. . . . they ultimately form a robust body of clearly interconnected and comparative readings.’
– Journal of Intellectual Property Law & Practice

‘This book is a welcome contribution to the existing literature on IP law and more importantly a rich source of expert perspectives on the details of the overlap between IP law and the Creative (Content or Cultural) Industries.’
– Wolverhampton Law Journal

‘The social synergy which exists between IP and the creative industries is becoming increasingly important globally. This all-embracing volume, edited by highly respected professors, provides a vital contribution to law and policy thinking. It offers a range of discourses including subaltern perspectives and oft-forgotten subjects including: museum curating, economic analyses on artists’ earnings, business models coupled with corporate social responsibility, plus less visible creative sectors including ethnic fashion and dance.’
– Uma Suthersanen, Queen Mary, University of London

‘This volume gives incisive insight into the conflicted dynamics between IP and the creative industries. The authors cut through much rhetoric and entrenched positions to nudge the reader into entertaining the possibility of alternate perspectives and policy positions. The case studies, sectoral focus and evaluation of cross-sector issues deepens and grounds the authors’ arguments in the lived reality of industry players and national or regional contexts. The discussion of enforcement and economics as well as the fore-sighting section ensures comprehensive treatment of the volume''s focus. An enriching read.’
– Caroline B Ncube, University of Cape Town, South Africa
Contributors: H. Berthold, A.E.L. Brown, R. Burt, I. Calboli, S. Chillas, S. Collins, J. Cornwell, C. Davies, K. Erickson, S. Frankel, N. Gervassis, M. Grewar, A. Guadamuz, V. Hafstein, C. Handke, I. Hargreaves, J. Hartley, Y.R. Isar, E. Kakiuchi, A. Keshet, S. Kheria, G.N. Mandel, R. Mukonoweshuro, E. Nwauche, M. Pavis, J. Reda, N. Rizk, A. Sabiescu, P. Schlesinger, N. Searle, J. Stapleton, S. Teilmann-Lock, B. Townley, C. Waelde, S. Whatley, H.K. Yilmaztekin


Foreword by Ian Hargreaves

Abbe E. L. Brown and Charlotte Waelde

Part I Setting the Scene: What is Intellectual Property and why is it relevant to creative industries
1. Whither the creative economy? Some reflections on the European case
Philip Schlesinger

2. Copyright and performers’ rights in the creative industries: old laws for new challenges
Mathilde Pavis

3. Design, utility models and patents
Stina Teilmann-Lock

4. Passing off, unfair competition and trade marks
Hasan Kadir Yilmaztekin

5. Intellectual property in creative industries: the economic perspective
Christian Handke

Part II National and Regional Perspectives
6. Intellectual property and creative industries policy in the UK
Kristofer Erickson

7. Intellectual property and creative industries policy in Africa
Enyinna Nwauche

8. The Creative industries and intellectual property in India
Yudhishthir Raj Isar

9. If all you have is a hammer: Promoting the creative industries through EU copyright reform
Julia Reda

10. Cultural creative industries from a cultural policy perspective: the case of Japan
Emiko Kakiuchi

Part III Intellectual Property, Creativity and Reward: Sharing and Enforcement
11. Open approaches to sharing: Registered and unregistered rights
Andres Guadamuz

12. Open approaches to sharing: Egypt’s independent music - a realm of sharing and creativity
Nagla Rizk

13. Intellectual property enforcement: empirical consideration of enforcement action
Jane Cornwell

14. Enforcement and remedy: What is success? IP litigation and the Creative Industries
Abbe E. L. Brown

Part IV Case Studies: Coping with Legal, Social and Technical Change
15. Visual Arts: Artists’ voices from the field
Smita Kheria

16. Problematising heritage crafts authorship and ownership: steps towards the intellectual property protection of the traditional Romanian blouse
Amalia Sabiescu

17. Performing arts: a study of dance
Charlotte Waelde and Sarah Whatley

18. Traditional knowledge: Protecting the intangible and tracing the development of international protection for folklore
Stephen Collins

19. The creative sector and traditional knowledge
Susy Frankel

20. Software: Intellectual property and artificial intelligence
Roger Burt and Colin Davies

21. Copyright in Museums
Amalyah Keshet

Part V Cross-Sector Issues
22. Theory and philosophy
Jaime Stapleton

23. How people understand intellectual property, creativity and reward
Gregory N. Mandel

24. Appropriating value: on the relationship between business models and intellectual property
Henning Berthold, Melinda Grewar, Shiona Chillas and Barbara Townley

25. Corporate social responsibility, intellectual property and the creative industries
Abbe E. L. Brown, Nicholas Gervassis and Rumbidzai Mukonoweshuro

Part VI Foresighting
26. The hard sell: economics and intellectual property policy in the creative and cultural industries
Nicola Searle

27. Creative industries, diversity and intellectual property
Irene Calboli

28. Creative economy: industry versus language?
John Hartley

29. Distributed, cumulative, collaborative, collective creativity
Valdimar Tr. Hafstein


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