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Charlotte Waelde, Catherine Cummings, Mathilde Pavis and Helena Enright
Intellectual property and the creative industries are both shaped by revolutions in the media industry. Developments since the Millennium have led to expectations (though not unchallenged) of unregulated global copying and greater access to data. Debate continues across the world as to how to address these questions, notably in the UK in a review in 2011 and the Nesta Manifesto of 2013. It is within this context (termed here ‘edgy, but somewhat less confrontational’) that this collection and its identification of tolerance, make a valuable contribution. The discussions taking place across the breadth of the collection are needed to deliver healthy rights ecology, to avoid a destructive conflict, and to ensure focus on the key question for IP – its impact on creativity.
Abbe E.L Brown and Charlotte Waelde
This chapter presents the collection, its goals and its focus, and explains decisions made regarding its parameters and structure. The chapter summarises each of the chapters in the collection and reflects on common themes across it, and for the future of IP and the Creative Industries.
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.
Lucky Belder and Helle Porsdam
Jessica C. Lai and Antoinette Maget Dominicé
Michael J. Madison
This chapter explores the related ideas of access to knowledge resources and shared governance of those resources, often known as commons. Knowledge resources consist of many types and forms. Some are tangible, and some are intangible. Some are singular; some are reproduced in copies. Some are singular or unique; some are collected or pooled. Some are viewed, used or consumed only by a single person; for some resources, collective or social consumption is the norm. Any given resource often has multiple attributes along these dimensions, depending on whether one examines the resource’s physical properties, its creative or inventive properties, or its natural, factual or ideational properties. Access questions are, accordingly, diverse. That diversity is compounded by the proposition that access is itself a property of a resource, in the sense that resource characteristics are, to a substantial extent, socially and culturally constructed. Social construction means not only that boundaries among properties of a resource may be blurred but also that those properties and boundaries may change over time. By virtue of that diversity, investigating access to knowledge resources creates the risk of producing a conceptually fragmented and unhelpful landscape of theory and application on a resource-by-resource basis. This chapter suggests that the investigation of access to knowledge resources may be unified under the umbrella concept of knowledge commons, the study of governance of shared knowledge resources. It presents a framework for understanding knowledge commons and illustrates its application to several questions of access to the material and immaterial dimensions of specific knowledge resources.