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

Copyright and cultural work: an exploration

This article first discusses the contemporary debate on cultural “creativity” and the economy. Second, it considers the current state of UK copyright law and how it relates to cultural work. Third, based on empirical research on British dancers and musicians, an analysis of precarious cultural work is presented. A major focus is how those who follow their art by way of “portfolio” work handle their rights in ways that diverge significantly from the current simplistic assumptions of law and cultural policy. Our conclusions underline the distance between present top-down conceptions of what drives production in the cultural field and the actual practice of dancers and musicians

Differences in trauma history and psychopathology between PTSD patients with and without co-occurring dissociative disorders

Wabnitz P, Gast U, Catani C. Differences in trauma history and psychopathology between PTSD patients with and without co-occurring dissociative disorders. European Journal of Psychotraumatology. 2013;2013(4): 21452.Background: The interplay between different types of potentially traumatizing events, posttraumatic symptoms, and the pathogenesis of PTSD or major dissociative disorders (DD) has been extensively studied during the last decade. However, the phenomenology and nosological classification of posttraumatic disorders is currently under debate. The current study was conducted to investigate differences between PTSD patients with and without co-occurring major DD with regard to general psychopathology, trauma history, and trauma-specific symptoms. Methods: Twenty-four inpatients were administered the Clinician-Administered PTSD Scale for DSM-IV (CAPS) and the Mini-Structured Clinical Interview for DSM-IV Dissociative Disorders (MINI-SKID-D) to assess DD and PTSD. Additionally, participants completed questionnaires to assess general psychopathology and health status. Results: Symptom profiles and axis I comorbidity were similar in all patients. Traumatic experiences did not differ between the two groups, with both reporting high levels of childhood trauma. Only trauma-specific avoidance behavior and dissociative symptoms differed between groups. Conclusion: Results support the view that PTSD and DD are affiliated disorders that could be classified within the same diagnostic category. Our results accord with a typological model of dissociation in which profound forms of dissociation are specific to DD and are accompanied with higher levels of trauma-specific avoidance in DD patients

Epidemiologic heterogeneity of common mood and anxiety disorders over the lifecourse in the general population: a systematic review

Background Clinical evidence has long suggested there may be heterogeneity in the patterns and predictors of common mood and anxiety disorders; however, epidemiologic studies have generally treated these outcomes as homogenous entities. The objective of this study was to systematically review the epidemiologic evidence for potential patterns of heterogeneity of common mood and anxiety disorders over the lifecourse in the general population. Methods We reviewed epidemiologic studies examining heterogeneity in either the nature of symptoms experienced ( symptom syndromes ) or in patterns of symptoms over time ( symptom trajectories ). To be included, studies of syndromes were required to identify distinct symptom subtypes, and studies of trajectories were required to identify distinct longitudinal patterns of symptoms in at least three waves of follow-up. Studies based on clinical or patient populations were excluded. Results While research in this field is in its infancy, we found growing evidence that, not only can mood and anxiety disorders be differentiated by symptom syndromes and trajectories, but that the factors associated with these disorders may vary between these subtypes. Whether this reflects a causal pathway, where genetic or environmental factors influence the nature of the symptom or trajectory subtype experienced by an individual, or whether individuals with different subtypes differed in their susceptibility to different environmental factors, could not be determined. Few studies addressed issues of comorbidity or transitions in symptoms between common disorders. Conclusion Understanding the diversity of these conditions may help us identify preventable factors that are only associated with some subtypes of these common disorders

Performers on the edge [video]

This documentary is one of the outcomes of a two-year research project into the precarious work situation of dancers and musicians in the UK. A major focus for us has been the extent to which the present copyright regime adequately addresses the production of experiential works in which performance plays a major role – music and dance being the cases in point. We have drawn on performances observed and recorded during our study as well as on interviews with artists and academics that participated in our investigation. Because this project was part of the UK Arts and Humanities Research Council’s ‘Beyond Text’ Programme, we always wanted to produce an audiovisual record of our research as well as producing the conventional forms of academic textual output but we had never specified the form. It only dawned on us gradually that a short documentary would be the ideal way to do this

RICHES IPR Strategy Report

http://www.riches-project.eu/D2.2 Deliverable Title: Digital Copyrights Framework. RICHES project: Renewal, Innovation and Change: Heritage and European Society.RICHES is at the forefront of re-thinking the intersections between cultural heritage, copyright and human (cultural) rights in the digitised era. The last two decades have witnessed significant changes to the ways in which our cultural heritage is created, used and disseminated. From the once linear, hierarchical and authoritative relationships between memory institutions and the receiver [user] of cultural heritage (CH), the digital era is forcing us to re-think every aspect of our cultural heritage ecosystem. From the meaning to the making of cultural heritage, from the legal frameworks to the roles of the Institutions, each element and each of the relationships between elements is under scrutiny. Within this, how should we re-think the Intellectual Property Rights (IPR) framework that supports our cultural heritage system in order to respond to the changing and challenging times? The purpose of this deliverable is to investigate the relationships between cultural heritage, copyright and human (cultural) rights as they provide a platform for, and a framework within which, cultural heritage is created, re-created and re-used in the era of digitisation. This enquiry is set within and will inform the environment within which these changes are taking place and the role of CH in European social, political, legal and economic development. How the recommendations might play out in practice will be illustrated through the case studies within the RICHES project as they develop. As will be demonstrated, how we think about these legal environments within these contexts will help to shape the way in which the relationships between the stakeholders are developed and maintained, how CH is produced and consumed, developed, accessed and preserved in this digital world. Two case studies (Task T4.2 Co-creation and Living Heritage for Social Cohesion and Task 6.1: Digital Libraries, Collections, Exhibitions and Users) contextualised within the shift from analogue to digital, demonstrate how the legal framework recommended in this deliverable in relation to CH, copyright and human (cultural) rights are played out in practice. As set out in this deliverable, a question – and a challenge – for the RICHES project, is as to whether the groups involved in the creation, selection and mediation of CH within the RICHES case studies could benefit from the cultural rights articulated in the UNESCO Conventions. The RICHES project gives the opportunity to think about the legal environments that help to shape the way in which the relationships between institutions and users of CH are developed and maintained, how CH is produced and consumed, accessed and preserved in this digital world. It highlights that relationships are changing and becoming more decentralised as digital technologies present increasing opportunities to individuals and communities. With increasing cultural democracy through access to computers and the internet: could the reasons for the open strategy to culture, as recommended by RICHES, be helpful to Turkey as it undergoes the reassessment of its authoritative ‘closed’ copyright policy? The argument for approaching CH and IP contextualised within a Human Rights approach, as advocated in this deliverable, may form the foundation for the challenges to cultural hegemony that lie ahead.European Research Council (ERC)This project has received funding from the European Unions’s Seventh Framework programme for research, technological development and demonstration under grant agreement no. 61278

Designing a licensing strategy for sharing and re-use of geospatial data in the academic sector.

The GRADE Project (http://edina.ed.ac.uk/projects/grade) is one of a cluster of projects in the Digital Repositories Programme funded by the Joint Information Services Committee (www.jisc.ac.uk) of HEFCE investigating the interactions between data and institutional (publications) repositories, support for scientific lifecycle, storage and access requirements. The JISC is bringing together a programme of work relating to digital repositories. Its aim is to bring together people and practices from across various domains (research, learning, information services, institutional policy, management and administration, records management, and so on) to ensure the maximum degree of coordination in the development of digital repositories, in terms of their technical and social (including business) aspects. Within this context, GRADE is investigating the technical and cultural issues around the reuse of geospatial data within the JISC IE in the context of media –centric, informal and institutional repositories. GRADE Work Package 3 aims to develop a clear understanding of digital rights issues for created geospatial data respecting, where applicable, the licensing conditions of any source geospatial data and to develop a conceptual framework for resolving those described rights management issues raised in relation to repositories. Geospatial material created in the education sector can be highly complex, incorporating data created elsewhere either as found, or customised to fit the particular need of the academic or lecturer. The downstream rights can become very complex, as it is necessary to ensure that permissions have been gained to reuse or repurpose the data, and it is usually essential that correct attribution is made. There are currently concerns and confusion over the assertion of IPR and copyright of created geospatial data particularly where third party data are included. This report considers a licensing strategy for the sharing and re-use of geospatial data within the UK research and education sector