Bournemouth University

Future of copyright in the digital era

8 June 2011

Professor Martin Kretschmer speaking at a Hearing in the European Parliament

Professor Martin Kretschmer (second from left) spoke at a Hearing in the European Parliament on the “The Future of copyright in the digital era”.

Kretschmer presented evidence on the relationship between copyright law and creators’ earnings. Contrary to its stated aims, copyright law delivers sustained benefits only to a small group of creators who succeed in winner–take–all markets. These benefits have come at a considerable cost to society.

Kretschmer also introduced a policy proposal:

  • As a policy compass, legislators should articulate a general use–it–or–lose–it principle with regard to all intellectual property rights.
  • For the specific case of copyright law, the principle should be implemented through the tool of term reversion. Under the proposal, copyright will only be assignable for an initial term of 10 years, after which it will fall back to the creator.

According to Kretschmer: “The effects of the intervention will be to open up unexploited back–catalogues. It will remove obstacles to social and commercial innovation (complementing interventions on the scope of protection: “exceptions”). By stimulating artist led innovation, term reversion is also likely to improve the financial position of creators.”

Professor Kretschmer’s talk and policy proposal (also submitted to the UK Hargreaves Review of IP & Growth on behalf of the IP Foresight Forum) are available here.

Kretschmer during a plenary contribution later in the Hearing Kretschmer during a plenary contribution later in the Hearing.

Agenda of the Hearing

“Future of copyright in the digital era”
Thursday, 1 June from 15h00 to 18h30

When: Wednesday, 1 June from 15h00 to 18h30
Where: A1G3
Nb of people: 150
Translation: En, Fr, De

Organizing MEPs: Jan Philip Albrecht, Sandrine Bélier, Christian Engström, Eva Lichtenberger, Helga Trüpel

Time Schedule
15.00 – 15.10 Introduction Jan Philip Albrecht
15.10 – 15.40 Copyright, a tool for creation Chaired by Sandrine Bélier
Pr Uma Suthersanen (School of Law, Queen Mary University, UK) Christophe Geiger (Associate Professor and Director General of the Centre for International Intellectual Property Studies CEIPI, France)
15.40 – 16.00 Questions and debates
16.00 – 16.50 Situation of the artists
Chaired by Christian Engström
Pr Martin Kretschmer (Professor of Information Jurisprudence, Director, Centre for Intellectual Property Policy & Management, Bournemouth University, UK) Agneta Lindblom Hultén (Editor/freelance journalist, Sweden) Cay Wesnigk (Online film, Germany) Simona Levi (Director of Conservas, FCForum, Spain)
16.50 – 17.10 Questions and debates
17.10 – 18.00 Evolution in production and consumption of cultural goods and new business models
Chaired by Helga Trüpel
Thomas Nortvedt (Norwegian Consumer Council, Norway) Philippe Rixhon (Aarya Technologies Ltd, UK) Joost Poort (SEO Economic Research, Netherlands) Edouard Barreiro (UFC Que choisir, France)
18.00 – 18.20 Questions and debates
18.20 – 18.30 Conclusion Eva Lichtenberger
Followed by a cocktail at 18:30
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