Porsdam - Copyrighting creativity: Creative values, cultural heritage institutions and systems of intellectual property

COPYRIGHTING CREATIVITY

Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property

Edited by

HELLE PORSDAM

University of Copenhagen, Denmark

First published 2015 by Ashgate Publishing

Published 2016 by Routledge

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Copyright Helle Porsdam 2015

Helle Porsdam has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the editor of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

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Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The Library of Congress has cataloged the printed edition as follows:

Copyrighting Creativity: Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property / edited by Helle Porsdam.

pages cm

Includes bibliographical references and index.

1. Cultural property Law and legislation. 2. Copyright. 3. Intellectual property.

I. Porsdam, Helle, 1956- editor.

K3791.C67 2015

346.048dc23

2014048314

ISBN 9781472431653 (hbk)

ISBN 9781315574257 (ebk-PDF)

ISBN 9781317159575 (ebk-ePUB)

Helle Porsdam

Martin Skrydstrup

Lucky Belder

Darryl Mead

Fred Saunderson

Balzs Bod

Fiona Macmillan

Stina Teilmann-Lock

Peter Schneck

Martin Fredriksson

Kim Treiger-Bar-Am

Valdimar Tr. Hafstein

Balzs Bod is Marie Curie Research Fellow, Institute for Information Law, University of Amsterdam.

Lucky L. Belder is Assistant Professor at the Centre of Intellectual Property Right (CIER) of the Molengraaff Institute for Civil Law, University of Utrecht and a co-PI of CULTIVATE.

Martin Fredriksson is Associate Professor at the Department for Culture Studies, Linkping University.

Valdimar Tr. Hafstein is Associate Professor of Folklore/Ethnology University of Iceland and one of the PIs of CULTIVATE.

Fiona Macmillan is Corporation of London Professor of Law at the School of Law, Birkbeck, University of London and one of the PIs of CULTIVATE.

Darryl Mead is Deputy National Librarian at the National Library of Scotland.

Fred Saunderson is Intellectual Property Officer at the National Library of Scotland.

Peter Schneck is Professor (Chair) for American Literature and Culture, University of Osnabrck.

Martin Skrydstrup holds a PhD in Cultural Anthropology from Columbia University. He is currently a Postdoctoral Fellow, Department of Food and Resource Economics, Faculty of Science, University of Copenhagen.

Stina Teilmann-Lock is Associate Professor, Department of Design and Communication, University of Southern Denmark.

Kim Treiger-Bar-Am teaches Law at Bar Ilan University, Israel.

Helle Porsdam

Is copyright the elephant in the room these days? Do issues concerning intellectual property (IP) protection come up in an ever-increasing number of both discourses and popular practices involving culture and cultural heritage? This volume of essays argues that this is indeed the case. Its contributors are scholars from both the humanities and the social sciences from cultural studies to law as well as cultural practitioners and representatives from cultural heritage institutions who share an interest in the contribution of IP to the role of these institutions in making culture accessible and encouraging new creativity.

The move from cultural theory and innovation to cultural practice inevitably involves legal protection and, historically, IP has often lagged behind new technological breakthroughs. This is true not least in the digital age and has led to various problems concerning the impact of new technologies and digital media on knowledge production on the one hand, and contemporary modes of production of cultural goods, the reception and safeguarding of cultural heritage and the dissemination of knowledge about culture on the other.

Digitisation expands the horizon of creative possibilities and in so doing puts pressure on the viability and applicability of legal regimes that were constructed for an analogue world. New forms of collaboration emerge in internet-based fan communities as well as in the arts, sciences and humanities. These developments are at the very core of contemporary culture and have an impact on individuals as well as institutions.

The incarnation of creativity and innovation in practice, cultural heritage institutions are significant stakeholders in the new digital information infrastructures. For the past two decades, they have accordingly involved and engaged themselves actively in various debates scholarly as well as public concerning copyright and cultural heritage. The same cannot be said for humanities scholars who, though recognising the seminal role of these institutions in the presentation of culture, as the collective memory of society and in stimulating new creativity and innovation, have too often allowed cultural heritage institutions to remain on the periphery of scholarly debates concerning copyright.

With this volume of essays and with CULTIVATE we hope to change this. The name given to Copyrighting Creativity: Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property, CULTIVATE is/was a three-year research collaboration (201013) between the universities of Copenhagen, Uppsala, London, Utrecht and Iceland. I was the Project Leader and my partners were: Professor in Library and Information Science Eva Hemmungs Wirtn from Linkping University (formerly Uppsala University); Professor of Law Fiona Macmillan, Birkbeck School of Law, University of London; Professor of Intellectual Property Madeleine de Cock Buning and Assistant Professor Lucky Belder, both at the Centre of Intellectual Property Right (CIER), University of Utrecht; and Associate Professor of Folklore/Ethnology Valdimar Tr. Hafstein, University of Iceland.

A project under HERA (Humanities in the European Research Area which is a partnership between Humanities Research Councils across Europe and the European Science Foundation), CULTIVATE is/was part of the first HERA Joint Research Programme for the theme Humanities as a Source of Creativity and Innovation. Our common research question was this: What is and what ought to be the relationship between creativity, cultural heritage institutions and copyright?

In order to get the best possible advice on how to answer this research question we invited relevant experts to the Tate Modern, London (one of our external partners) in late April 2013 for our final conference. The present volume is based on the talks given at this conference as well as on the work done within CULTIVATE.