Setting the scene, the idea of the ‘creative economy’ is critically located in both the policy and academic literatures. Next, the European Union’s (EU) shifting role in cultural policy is discussed, with particular reference to the Creative Europe programme. Then, the illuminating history of regulatory policy on ‘borderless television’ is considered along with the balance of international audiovisual trade with the US. This is the context for an analysis of the planned Digital Single Market and its implications. The conclusion notes the continuing ambiguity of relations between culture and economy in the EU as these now play out in the digital era.
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History, Challenges and Opportunities
Edited by Peter K Yu
Peter K Yu
This article explores what it means for the Chinese intellectual property system to hit 35. It begins by briefly recapturing the system's three phases of development. It discusses the system's evolution from its birth all the way to the present. The article then explores three different meanings of a middle-aged Chinese intellectual property system – one for intellectual property reform, one for China, and one for the TRIPS Agreement and the global intellectual property community.
Conflicts of interest, and guiding principles for their resolution within IP’s constitutional framework
Balancing Conflicts of Interest in the Constitutional Paradigm
Edited by Lan Nguyen, Niall O'Connor, Darren Harvey and Darragh Coffey
This article, first delivered as the keynote at the ‘Transforming Institutions’ conference, discusses the increasing relevance of relations between different international organisations. It provides a discussion of what sort of forms these relations can take, and of the relevant legal questions that arise, relating to the form of instruments, treaty-making powers and procedures, accountability for joint activities, and related issues. It concludes by providing a preliminary assessment in light of some of the relevant theoretical literature.
Photographs of cultural collections are an essential means of disseminating art and democratizing access to culture. This article reviews the policies of five major Australian galleries on access to their collections. It finds they tend to claim copyright in photographs of their collections, including of public domain works. This reflects a perceived entitlement to control access to their digital collections, often bolstered by a misstatement of copyright exceptions, restrictive quasi-copyright contract terms, licensing practices, and physical property rights in photography's appurtenances. This curbs the emancipatory potential of digitization, generating a conflict between the property interests of cultural institutions and the public interest in enhanced access to culture. The problem is particularly acute with respect to images of public domain art, exclusive control over which diminishes the public domain. This article considers the novel question of whether copyright subsists in photographs of two-dimensional art under Australian law, arguing that such photographs lack the originality indispensable to copyright subsistence. This conclusion significantly undermines cultural institutions’ licensing models and challenges misconceptions of property rights in the photographic surrogates of two-dimensional cultural objects. The article urges cultural institutions to liberate the digital surrogates of public domain art to enhance access to cultural capital.