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CIPPM Spring Lecture Series 2013

The annual series of the Centre for Intellectual Property Policy and Management’s (CIPPM) http://www.cippm.org.uk/ Spring Lectures starts on Thursday 21 February 2013 at 6 pm.

Professor Hector MacQueen, Professor of Private Law at the University of Edinburgh will deliver the first lecture, titled “Ae fond kiss: A Private Matter?” on Thursday 21 February 2013.

Professor MacQueen has written extensively on Intellectual Property law and is author, co-author and editor of a number of books on Intellectual Property law. He was the Dean of the Faculty of Law, University of Edinburgh (1999-2003) and Director of the AHRC Centre for Studies in Intellectual Property and Technology Law (SCRIPT) (2002-2007). In 2010 Professor MacQueen took up an appointment as Scottish Law Commissioner (2010-2014).

CIPPM Spring Lectures take place at 18:00, in the Executive Business Centre, close to the Bournemouth Travel Interchange (89 Holdenhurst Road, BH8 8EB). The lectures are free to attend, but places are limited, and admission to the building closes at 18:15. If you wish to reserve a place, please contact Mandy Lenihan at ALenihan@bournemouth.ac.uk

For further information on forthcoming CIPPM Spring Lectures and for booking information see http://business.bournemouth.ac.uk/news/2013/jan/ne001-cippm-lectures-2013.html

Business School’s Ven Tauringana wins award for outstanding reviewer!

BU’s Business School’s Dr Ven Tauringanahas been chosen as an Outstanding Reviewer at the Emerald Literati Network Awards for Excellence 2012.

Each year Emerald names and rewards the Outstanding Reviewers who contribute to the success of the journals.  Each journal’s Editor nominates the Reviewer they believe has been that title’s most Outstanding Reviewer. This year Ven received this nomination due to his role as Reviewer for the Journal of Accounting in Emerging Economies throughout 2011, his efforts described as ‘very impressive’ and making a ‘significant contribution’.

Well done Ven!

How Martin Kretschmer’s research impacted the proposed plan to extend copyright term

Watch this excellent short video from BU’s Prof Martin Kretschmer on how a BU conference and signed statement resulted in the European Union amending a proposed plan on copyright law.

To see other BU videos on YouTube go to the BU YouTube page!




View Martin Kretschmer’s publications in our institutional repository.

Co-Director of CIPPM, Dr Dinusha Mendis, elected to the Executive Committee of the British and Irish Law Education and Technology Association (BILETA)

Dr Dinusha Mendis, Senior Lecturer in Law, and Co-Director of the Centre for Intellectual Property Policy and Management http://www.cippm.org.uk/ was elected to the Executive Committee of the long-standing British and Irish Law Education and Technology Association (BILETA) in March 2012 http://www.bileta.ac.uk/Membership/Executive%20Committee

Formed in April 1986 BILETA exists to promote the use of technology in legal education throughout the UK and Ireland.  The Association liaises with academic organisations and professional organisations such as the Higher Education Academy http://www.heacademy.ac.uk/disciplines/law and British and Irish Legal Information Institute (BAILI) http://www.bailii.org/ Dr. Mendis also represents Bournemouth University on the Society of Legal Scholars (SLS) Council http://www1.legalscholars.ac.uk/about/council/index.cfm which was founded in 1908 and celebrates 104 years in 2012.

At the 2012 BILETA Annual Conference in Newcastle (http://www.numyspace.co.uk/~unn_mlif1/school_of_law/bileta/)  Dr. Mendis presented a paper analysing the UK Digital Economy Act 2010. This Act attempts to enforce copyright law in the online environment, for example against downloading and file-sharing. Infringing users will be given three warnings after which they can potentially be disconnected from the Internet, also known as ‘three-strikes-and-you’re-out’. The law is controversial, and still to be implemented. Dr Mendis considers the proportionality of the measure and its effectiveness in the context of fast moving technology.

Find out about Max Lowenstein’s research into denunciation

Dr Max Lowenstein, from the Law Department in the Business School, has a piece of research coming out in Criminology & Criminal Justice: An International Journal (rated A in the Excellence Research Australia journal ranking list) that explores the meaning of judicial denunciation. The article attempts to relate sentencing principle, policy and social theory to legal practice by comparing the perceptions of English and Danish lower Court judges when sentencing minor theft offenders. There is no coherent international academic agreement as to what judicial denunciation means. The qualitative data gathered by interviewing Danish and English judges commonly pointed to the ‘public condemnation of someone or something’ Oxford Dictionaries Online (World English). In other words, judges pointing out wrongful behavior in theft offenders during sentence summation and explaining how this impacts victims, themselves and wider society. Through a small comparison of judicial perceptions in two distinct legal cultures there were common hints provided as to what denunciation may mean and what it could achieve when applied to theft offenders. In England, the potentially negative repercussions of denouncing theft offenders in Court were the focus. As one English lay judge eloquently summed up;

‘There is little impact on hardened persistent theft offenders because they know full well what they have done is wrong. It is like water off a duck’s back to them. Public shaming only has an impact if the theft offender cares about what others think of him.’

 However, in Denmark, the potentially positive repercussions of denouncing theft offenders in Court were the focus. As one Danish professional judge confidently stated;

‘When you explain why conduct is unacceptable in society, particularly early on in a theft offender’s anti-social habits, it can act as an important wake up call.’

Sadly comparative qualitative data on judicial denunciation is very rare due to the significant challenges it presents to the researcher. Indeed this research comparing such an important element of the sentencing approach had never been attempted before. By gathering more data across legal cultures it may be possible to align our theoretical understandings of judicial denunciation with the common perceptions in legal practice across Europe and beyond. In this way, comparative academics can contribute to the continuing future globalization of criminal justice. Much more research on judicial denunciation can and should be done. In so doing, how public condemnation of wrongful behavior is commonly perceived by judges in relation to similar criminal offences across different legal cultures will begin to emerge.

Neelie Kroes, Vice-President of the European Commission (Digital Agenda), reads BU research, but…

Neelie Kroes, Vice-President of the European Commission responsible for the Digital Agenda, made her annual set piece speech at the Media Forum in Avignon, France on 19 November: Who feeds the artist?

Speaking of economic reward: if that is the aim of our current copyright system, we’re failing here too. [then follows a paragraph summarising the BU studies in the area, but without reference] 1000 euros a month is not much to live off. Often less than the minimum wage. But most artists, and not only the young ones at the early stages of their career, have to do so. Half the fine artists in the UK, half the “professional” authors in Germany, and, I am told, an incredible 97.5% of one of the biggest collecting society’s members in Europe, receive less than that paltry payment of 1000 euros a month for their copyright works. Of course, the best-paid in this sector earn a lot, and well done to them. But at the bottom of the pyramid are a whole mass of people who need independent means or a second job just to survive.

[before indicating a change in policy direction] Let’s not wait for a financial crisis in the creative sector to happen to finally adopt the right tools to tackle it.

The data is clearly from:



A possible source is my contribution to a Hearing in the European Parliament last June. http://www.cippm.org.uk/news/2011/jun/ne001-future-of-copyright-in-the-digital-era.html

So there is a challenge… I could blog: “European Commission Vice-President reads BU research”.

But no source is cited. Did our studies matter? Is there a causal link to a change in the direction of copyright policy?

In REF terms, was there Impact of research?

Howard Davis publishes in the highly rated journal – Public Law

Dr Howard Davis, from the Law Department in the Business School, has a piece coming out in Public Law (A* in the Excellence Research Australia journal ranking list) on the right to an open hearing in the context of mental health law. Courts and tribunals dealing with the affairs of those with serious mental health problems normally conduct their affairs in private with no access of the public or the media. This is to protect confidentiality and privacy. But private hearings go against the fundamental principle of open justice. The article explores recent developments in which mental health tribunals (which deal with questions whether someone detained in a mental hospital ought to be released) and the Court of Protection (whose concerns include sorting out the property etc of those unable to look after themselves) have both allowed some degree of publicity to their proceedings. In the tribunal case it was a patient who had been detained in Broadmore for 23 years who successfully sort a public hearing in order, he hoped, to publicise his position and his criticisms of the regime. In the COP case the application came from the media. The patient is a renowned pianist who is also autistic and there is signicant public interest in his position. The media had a limited right to publicise information gleaned from the proceedings.

Professor Kretschmer’s research at the centre of debate by copyright owners & policy makers

Professor Martin Kretschmer’s research into private copying and fair compensation is at the centre of a discussion at an Intellectual Property Office event next week.

‘Informing Copyright Policy in the UK’ takes place on Wednesday 19 October, in partnership with The Big Innovation Centre.

It is an opportunity for copyright owners, technology companies, consumers, academics and policy makers to discuss exactly what Kretschmer’s findings mean for UK policy making.

The influential research paper, entitled ‘Private Copying and Fair Compensation: A comparative study of copyright levies inEurope’, offers the first independent empirical assessment of the European levy system.

The research consolidates evidence on levy setting and collection, as well as reviewing the scope of consumer permissions associated with levy payments. Professor Kretschmer reports the results of three product level studies – printer / scanners, portable music / video / game devices and tablet computers – and analyses the relationship between VAT, levy tariffs and retail prices in 20 levy and non-levy countries.

The other paper up for discussion is ‘Changing Business Models in the Creative Industries: The Cases of Television, Computer Games and Music, by Dr Nicola Searle from theUniversityofAbertay,Dundee.

More information at the event can be found here.

Professor Kretschmer’s key findings:

– There are dramatic differences between countries in the methodology used for identifying leviable media and devices, setting tariffs, and allocating beneficiaries of the levy. These variations cannot be explained by an underlying concept of economic harm to right holders from private copying.

– The scope of consumer permissions under the statutory exceptions for private copying within the EU does not match with what consumers ordinarily understand as private activities.

– In levy countries, the costs of levies as an indirect tax are not always passed on to the consumer. In competitive markets, such as those for printers, manufacturers of levied goods appear to absorb the levy. There appears to be a pan-European retail price range for many consumer devices regardless of levy schemes (with the exception ofScandinavia).

– In non-levy countries, such as theUK, a certain amount of private copying is already priced into retail purchases. For example, right holders have either explicitly permitted acts of format shifting, or decided not to enforce their exclusive rights. Commercial practice will not change as a result of introducing a narrowly conceived private copying exception.

– A more widely conceived exception that would cover private activities that take place in digital networks (such as downloading for personal use, or noncommercial adaptation and distribution within networks of friends) may be best understood not as an exception but as a statutory licence. Such a licence could include state regulated payments with levy characteristics as part of a wider overhaul of the copyright system, facilitating the growth of new digital services.


Professor Martin Kretschmer’s academic profile

More publications by Professor Martin Kretschmer

CIPPM: Recent policy reports

Prof Martin Kretschmer on Hargreaves’ parody and private use exception to copyright

BU’s Prof Martin Kretschmer will speak at a Houses of Parliament discussion into the practicalities of Professor Hargreaves’ recommended copyright exceptions.

The event, entitled ‘Hargreaves’ exceptions: format-shifting, parody, research and archiving’, takes place on Tuesday 18 October and will bring together a wide range of stakeholders to discuss the practical implications of Professor Hargreaves’ recommendation.

The Hargreaves Review cites the research in developing a recommendation to introduce a limited private copying exception without compensation.

Professor Kretschmer will talk about the European requirement of “fair compensation” in relation to certain copyright exceptions. His research reports the results of three product level studies – printer / scanners, portable music / video / game devices and tablet computers – and analyses the relationship between VAT, levy tariffs and retail prices in 20 levy and non-levy countries. His report on copyright levies, funded by the Economic & Social Research Council (ESRC), has been cited by the Hargreaves Review and in the Government’s response to Hargreaves.

The panel discussion will be chaired by Jim Dowd MP. Other panel members include Martin Brennan, founder and CEO of 3GA Ltd, Richard Brousson, legal counsel at the British Film Institute (BFI) and James Sadri, digital producer at Greenpeace UK.

For further information, please see the following links: 

More on Private Copying and Fair Compensation

Professor Martin Kretschmer’s academic profile

More publications by Professor Martin Kretschmer

Prof Stella Fearnley’s research into audit committees

Prof Stella FearnleyProfessor Stella Fearnley’s research into audit committees has been published in a book titled Reaching Key Financial Reporting Decisions: How Directors and Auditors Interact (co-authored by Professors Vivien Beattie and Tony Hines).

Robert Hodgkinson – ICAEW Executive Director, Technical, said of the research: “This valuable new research found evidence that auditors challenge management frequently. There was no evidence to support the recent concerns about auditor scepticism or that auditors merely seek corroboration of management views.”

“Public discussion of corporate reporting and auditing is frustrated by the fact that directors and auditors debate issues and take decisions in private. The need to respect confidentiality means that policy makers and the public find insiders’ accounts of what happens bland and unconvincing. The resulting lack of public information is particularly dangerous at the present time when the financial crisis is prompting questions about whether new regulation is called for.”

“Through this book, Beattie, Fearnley and Hines present case studies that tell the reporting and auditing stories of nine  companies based on interviews with their finance directors, audit committee chairs and lead auditors. This research is required reading for anybody who has ever wondered what really happens in an audit.”

Congratulatons Stella! 🙂

You can buy Stella’s book on Amazon.

Talk to strangers…

Dr Julie Robson, Director of Enterprise in the Business School, reflects on the benefits of talking to strangers…

The ‘top ten tips to ..’ lists seem to be everywhere these days.  Tops ten tips to live longer, be happier, healthier and to find your ideal partner. One list that I came across recently in the business section of one of the Sunday newspapers promised to provide the reader with ten ways to be successful at work. Most of us have seen these lists before and to be honest the advice, although perhaps sound, was somewhat predictable:  i.e., deliver solutions rather than problems, be positive at work, be prepared to go the extra mile, etc.  The one tip that did stand out from the rest invited the reader to talk to strangers. This one probably stood out most as from a young age it’s the very thing we are advised against. Strangers are after all dangerous aren’t they? The rationale for talking to strangers was simply the more people you talk to the more you widen your list of contacts and knowledge of others and how they see the world.  Whilst I’m not necessarily advocating that we all go out and talk to strangers, in many ways talking to strangers is really just networking, albeit networking is more structured in terms of planning ahead, having a clear objective and following up afterwards.

networkingCould good networking then be the secret to being a successful academic? On reflection it’s a good way to identify new ideas, new ways to transfer knowledge to a wider audience and new partners for bids  Maybe talking to strangers, or at least new people, is good advice after all.

Dr Julie Robson

Director of Enterprise and Acting Head of Marketing

The Business School

For further information on successful networking see these two articles:
How to develop successful networking skills in academia
How to create an academic network