Methodological Challenges in Empirical Research on Copyright

Event Name Methodological Challenges in Empirical Research on Copyright
Start Date 14th Jan 2014 12:30pm
End Date 14th Jan 2014 2:00pm
Duration 1 hour and 30 minutes
Description

Title: Methodological challenges in empirical research on copyright

This lunchtime seminar will explore some methodological challenges in empirical research on copyright through two specific CREATe projects.

Speaker

Jane Cornwell and Smita Kheria (Edinburgh Law School)

Abstract

Intellectual property disputes rarely make it to court and even more rarely to a court judgment. Most disputes arise and are disposed of by private assertion and settlement 'in the shadow of the law'. But how much do we really know about the level of protection achieved by rightholders acting on this basis, without recourse to the courts? As part of CREATe, the RCUK Centre for Copyright and New Business Models in the Creative Economy, Jane Cornwell will be leading a project looking at copyright and civil enforcement in Scotland. This study will work with advisers acting in this field to investigate the profile of copyright enforcement activity and the practices surrounding, and factors influencing, the outcomes reached in copyright disputes. In this seminar, Jane will be discussing and inviting comments on her proposed research design, which aims to combine mixed empirical methods to achieve a fuller understanding of this under-researched area.

Bio

Jane Cornwell joined the University of Edinburgh as a lecturer in intellectual property law in 2010. Prior to this, Jane practised as a lawyer for several years in London and Edinburgh, specialising in intellectual property disputes. As well as her involvement in CREATe, Jane's research interests include trade mark law, protection for designs and remedies for infringement.

 

Speaker

Smita Kheria (School of Law, University of Edinburgh)

Abstract

The exploration of new business models that focus on maximization of value, rather than use of stringent copyright protection, has found particular favour as one possible solution in the adaptation of copyright in a continuously evolving digital environment. While copyright is seen as an incentive to creators and creativity more generally, the exact role played by copyright in supporting the creative practice of individual creators across creative industry sectors remains unclear. The position of creators as one of the stakeholders with an interest in the nature of copyright policy has been acknowledged but empirical attention on the role of copyright in the creative practice of individual creators remains minimal: only a handful of copyright focused studies in the United Kingdom have consulted creators directly or secondary data pertaining to them. Smita is leading a project on ‘Individual Creators’ for CREATe (the RCUK Centre for Copyright and New Business Models in the Creative Economy) which will investigate the role of copyright and related business models in the day to day creative practice of individual creators in a number of creative sectors in the UK. It aims to understand the positive and negative space of copyright through the individual creators’ perspectives. In this seminar, Smita will discuss and invite comments on the proposed research design of this project and some of the methodological challenges. 

Bio

Smita Kheria is a Lecturer in Intellectual Property Law at the University of Edinburgh. She specialises in copyright and related rights and has a keen interest in empirical research in Intellectual property issues. She is currently leading two CREATe projects on Individual creators and Creators’ organisations (2013-2016) and is also co-investigator on a project investigating the role of copyright in publicly funded arts and humanities research (2013-2014).