Working papers

Roger Brownsword “Law, Authority, and Respect in Our Information Societies: Three Waves of Technological Disruption”

Working Paper No. 03-2021 June 2021 In our information societies, we act, interact, and transact in environments that are located at various points on a spectrum running from offline (analogue) to online (digital). Typically, the more that we move away from offline environments, the more that technologies bear the regulatory load; and, concomitantly, the greater… Read more »

Ruth Towse “Covid-19 and Creative Industries in the UK – the Destruction of Creativity”

Working Paper No. 02-2021 May 2021 Covid-19 has wreaked destruction in many parts of the creative industries, especially in the performing arts. In the UK, the government has put in place various policy measures to protect artists and the arts and culture. This article charts the progress of the measures, using a basic classification to… Read more »

Maurizio Borghi “The universal nature of performers’ rights under EU law”

Working Paper No. 01-2021 February 2021 Copyright’s neighbouring rights have been the subject of several referrals to the Court of Justice of the European Union (CJEU). In its judgment of 8 September 2020 in Case C‑265/19 (Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd),  the Court has defined for the first time the… Read more »

Maurizio Borghi “Exceptions as users’ rights in EU copyright law”

Working Paper No. 06-2020 October 2020 The paper explores possible ways of construing copyright exceptions as users’ rights within the EU legal framework. It discusses some basic principles on the legal nature of exceptions, and then focuses more specifically on EU law and the jurisprudence of the Court of Justice of the European Union (CJEU)…. Read more »

Ruth Towse: “Figuring it out: applying economics to copyright royalty rates for streamed music”

Working Paper No. 05-2020 July 2020 Music streaming burst into economists’ (and others’) consciousness with the Napster case. A few economists had written on copyright in the 1980s and a wider interest in the economics of digital production came from Shapiro and Varian’s book (albeit with little said on the role of copyright law). Still… Read more »