11 research outputs found

    Information Guide: FAQ: Using Research Data. CREATe, University of Glasgow, 2018

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    Information Guide: Making Research Data Available. CREATe, University of Glasgow, 2018

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    Information Guide: Introduction to Ownership of Rights in Research Data. CREATe, University of Glasgow, 2018

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    Photographic copyright and the Intellectual Property Enterprise Court in historical perspective

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    This paper provides an in-depth case study of the enforcement of copyright in photographs by certain rights-owners today: freelance professional photographers who derive income from the exploitation of photographic copyright. Referring to the theoretical framework of Guido Calabresi and A Douglas Melamed, the paper reflects on the implications of the case study for the nature and function of copyright in a specific context today. Bringing the experience today into conversation with the enforcement of copyright by professional photographers in past times (the late nineteenth/early twentieth centuries), the paper notes the influence of the bureaucratisation of copyright exploitation (ie exploitation through picture libraries) on legal decision making in a particular forum today: the Intellectual Property Enterprise Court Small Claims Track. The paper concludes with more general reflections on the case study's implications for the courts and copyright policy-makers today

    Know your rights: what can you do when your copyright is infringed?

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    Access to justice in the small claims track of the Intellectual Property Enterprise Court (IPEC): an empirical enquiry into use by creative SMEs

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    In October 2012, a small claims track was introduced in the Patents County Court, as a forum for low-value copyright, trade mark, unregistered design and passing off claims. This thesis presents the results of a socio-legal empirical investigation into the first three years of claims in this court, renamed the Intellectual Property Enterprise Court in October 2013. The investigation takes the stated policy goal of the introduction of the IP Small Claims Track, which was to improve access to justice for SMEs, and explores whether this was in fact achieved for creative SMEs, using a four-part framework. Access to justice is explored through who uses the court during this period, the procedural and substantive justice these litigants experienced and the access to justice implications for wider society from the data. This thesis demonstrates one particular creative group has enthusiastically embraced the IPEC Small Claims Track, namely freelance photographers, but that uptake by other creative businesses has been low. Further difficulties with court procedure and timescale of cases indicate that litigants may struggle to access procedural justice. With only half of claims actively defended, and defence important in how the case progresses, there also appears to be issues with the substantive justice the court can be seen to deliver. This thesis therefore concludes that any improvement in access to justice for creative SMEs is partial only

    Information Guide: Choosing a Licence for Research Data. CREATe, University of Glasgow, 2018

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    Information Guide: FAQ: Using Research Data. CREATe, University of Glasgow, 2018

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    No abstract available

    Information Guide: Making Research Data Available. CREATe, University of Glasgow, 2018

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    No abstract available
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