22 July 2010
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Professor Martin Kretschmer reviews the relationship between copyright and contract law |
The government’s Strategic Advisory Board for Intellectual Property Policy (SABIP) commissioned a research team, led by Professor Martin Kretschmer from Bournemouth University, to review the relationship between copyright and contract law. Other members of the consortium include Assoc. Prof. Estelle Derclaye and Dr Marcella Favale (University of Nottingham) as well as Assoc. Prof. Richard Watt (University of Canterbury, NZ).
The report identifies current gaps and suggests a research agenda. Policy concerns motivating the review include whether copyright contracts delivers the often stated aim of securing the financial independence of creators. On the user side, the issue of copyright exceptions, and the use of contracts and technologies to bypass copyright law has become central: Are exceptions based on user needs or market failure? Do exceptions require financial compensation? Can exceptions be contracted out by licence agreements?