Let's Dance! But who owns it?

ArticleThis is a pre-copyedited, author-produced version of an article accepted for publication in European Intellectual Property Review following peer review. The definitive published version: Waelde, C. Whatley, S. and Pavis, M. , Let’s Dance! – but who owns it?, (2014) 36 European Intellectual Property Law Review 217, is available online on Westlaw UK or from Thomson Reuters DocDel service .Commercialise to survive: this is one strong message being given by the Arts Council to the creative sector. In a time of tightening purse strings, so alternative modes of financial survival have to be developed which do not depend wholly on public funding. One of these may be through greater commercial exploitation of creative outputs. Dance is no exception to this policy focus. Commercial exploitation of dance would depend on the exclusive rights granted under the copyright framework. Fundamental to developing an exploitation strategy would be to identify the author and owner of the copyright in the dance. This is an area that has been underexplored in law: there is little case law or literature on dance and copyright, but there are certain assumptions within the dance community as to authorship and ownership. This paper will explore authorship and ownership of the dance using two case studies: one called Love Games choreographed by Joan Clevillé and which, in a recasting, featured the dancer, Caroline Bowditch; and one called The Two Fridas choreographed by Caroline Bowditch and which features the dancers Welly O’Brien and Kimberley Harvey. In choosing these case studies we also aim to contribute to the wider discussion about the legacy of the Unlimited Cultural Olympiad programme (Unlimited). The paper will suggest that, contrary to the views of some, the dancers are either authors of the copyright in the arrangement of the dance on their bodies, or joint authors in the work of dance. It will also suggest that through a greater audience understanding of the nature and the quality of the work, and through an appreciation of what it means to own dance, so commercial exploitation could be facilitated

Who owns it? When communities brand destinations

Destination branding is an important strategy to allow for differentiation from competitors. However, there has been little discussion in the literature regarding community involvement in destination branding. This study explored the perceptions of residents actively involved in tourism across two destinations: Pitlochry, and the Isle of Gigha. The chosen destinations allowed for different types of communities to be explored given the purely voluntary nature within one destination, and the inclusion of both volunteering and ownership by the community of the destination. Four key themes were identified and explored in relation to both destinations: surrogate council, motivations, funding of the groups, and community support. Further data collection across different communities will be undertaken throughout 2016 to explore this phenomenon further

Who owns it? Three arguments for land claims in Latin America

Indigenous and non-indigenous communities in Latin America make land claims and support them with a variety of arguments. Some, such as Zapatistas and the Mapuche, have appealed to the “ancestral” or “historical” connections between specific communities and the land. Other groups, such as MST in Brazil, have appealed to the extremely unequal distribution of the land and the effects of this on the poor; the land in this case is seen mainly as a means for securing a decent standard of living for members of disadvantaged groups. Although there is a large literature on the history as well as the social and political dimensions of land contestations and conflicts in Latin America, the question of whether the land claims put forward by disadvantaged groups can be morally justified has not been adequately examined. In this essay, we investigate the scope and limits of appeals to what we shall call assistance-based, contribution-based, and benefitting-based moral reasons with respect to land claims made by these disadvantaged groups

What is nursing care and who owns it?

The Francis report into the failings at Mid Staffordshire, out last week, demands practical responses from all health professions if they are not to be repeated in other NHS providers. This article explores why nurses need to re-examine their philosophy of care and move beyond the notion of patient-centred care to develop a compassionate, humanising approach

Farm data: Who owns it and how can farmers protect it?

“Big Data” receives almost as much discussion in agriculture as the weather and commodity prices. But what is Big Data anyway, and why should farmers care? This article aims to pull back the curtain on Big Data and reveal its advantages and disadvantages for farmers. The discussion then turns to the concerns farmers express about disclosing farm data, and provides concrete solutions for what they can do individually and collectively to address those concerns

New Values Under Old Oil and Gas Leases: Helium, Who Owns It?

It is a well known maxim among oil and gas lawyers that a producing well always clouds a title and a dry hole cures it. A variation of that maxim might be applied to producing wells which may or may not include, as by-products of the primary mineral, other substances that are extractible and valuable. Of course, once production of by-products begins, conveyancers give special attention to these resources, but many instruments executed before such development may be phrased in general terms without specific mention of substances unimportant when the conveyance was made. Even a recent instrument may lack specificity in this regard. Inevitably, as science develops new uses and commercially feasible means of extraction, questions arise concerning ownership of by-products. The feasibility of extracting helium from natural gas, coupled with the critical national need for helium, have occasioned one such dispute. A confused and conflicting history of decisions involving title to other elements and compounds provides the setting for resolving this contemporary issue of ownership

Faculty Focus, March 2002, Vol. 1 No. 4

The Scholarship of Teaching: Beyond Excellent Instruction -- Action Research Projects -- The Scholarship on Teaching -- More Action Research Projects -- If Not Remediation, Then What? -- Recent Faculty Scholarship -- How We Communicated Around IT Issues -- Just Published -- Program Assessment Workshop Conducted for CSUMB Academic Programs -- Racism in the Classroom TLA Lunch Series -- Facilitating Respectful and Ethical Classroom Dialogues Literacy Lunch -- Intellectual Property: Who Owns It? -- WASC Educational Effectiveness Updatehttps://digitalcommons.csumb.edu/facultyfocus/1003/thumbnail.jp

Agricultural Carbon: The Land, Landowner, and Farmer

Carbon is certainly a hot topic in agriculture. Across the countryside, farmers, landowners, agricultural service providers, and many others are trying to understand what carbon is about and what it may mean to them. One of the more interesting topics around agricultural carbon concerns the relationship between the landowner and tenant farmers on absentee-owned land (i.e., land that is farmed by someone other than the person who owns it). This article provides a brief background on the agricultural carbon opportunity and explores some ideas about how to pursue the opportunity on absentee-owned farmland

Agricultural Carbon: The Land, Landowner, and Farmer

Carbon is certainly a hot topic in agriculture. Across the countryside, farmers, landowners, agricultural service providers, and many others are trying to understand what carbon is about and what it may mean to them. One of the more interesting topics around agricultural carbon concerns the relationship between the landowner and tenant farmers on absentee-owned land (i.e., land that is farmed by someone other than the person who owns it). This article provides a brief background on the agricultural carbon opportunity and explores some ideas about how to pursue the opportunity on absentee-owned farmland

How to design and price information for sale to others

Everyone seems to be talking about “big data” these days — what it is, where it is, why it’s important, who owns it and how to mine it. It’s like a gold rush with numerous prospectors jumping into the game, dreaming of striking it rich and cornering a market before others discover the location and size of their mine. But there’s one small problem: The prospectors often don’t quite know what they’re doing when it comes to pricing and selling their bag of gold dust — or in the case of data miners, their trove of digital data