Tagged / DCMS

Research by BU academic on NFTs, Blockchain and IP law cited in Parliamentary Report

A report on ‘NFTs and the Blockchain: the risks to sport and culture’ recently published by the Parliamentary Culture, Media and Sport Committee (CMSC) cites research by Bournemouth University’s (BU’s) Professor Dinusha Mendis.

The report follows the consultation that was conducted by the Department for Culture, Media and Sport (DCMS) in November 2022 and outlines how Non-Fungible Tokens (NFTs) and blockchains should be tackled in the future, particularly in relation to art and culture; professional sport and advertising.

In relation to intellectual property rights (IPRs), the report cites copyright infringement, limited recourse and redress (for consumers and creators), the scale of infringement, consumer confusion and the inflexibility of transferring IP as the main issues that needs consideration.

In responding to these issues, the report cites the research by Prof. Mendis calling for more protection for consumers and creators as a result of rising IP infringements, scams and frauds. The report also identifies the unique nature of NFTs and blockchains and cites Prof. Mendis’ research in demonstrating how current laws – such as ‘notice and takedown’ or ‘the right to be forgotten’ – which apply in other circumstances relating to piracy and counterfeiting, may not necessarily apply to online marketplaces. As such, the report recommends a code of conduct to be adopted by online platforms dealing with NFTs.

The hype surrounding NFTs was short-lived and in mid-2022, investors saw a collapse in the NFT market. However, as the report states, “cryptoassets such as NFTs continue to have advocates … [and] even if NFTs never again reach the peak they achieved over the last few years, areas of concern [in relation to regulation] remain”.

As such, based on the research presented in this report relating to intellectual property, the CMSC recommends that the “Government engages with NFT marketplaces to address the scale of infringement and enable copyright holders to enforce their rights”. In relation to sports, the report identifies the financial risks and harm which NFTs present to fans and the reputational harm it presents to clubs and recommends that “any measurement of fan engagement in sports, including in the forthcoming regulation of football, should explicitly exclude the use of fan tokens”.

Finally, in relation to advertising, and once again citing the research by Prof. Mendis, the report recommends that the Government respond to misleading and/or fraudulent advertising for NFTs.

For further information and for the full report, please see here: https://committees.parliament.uk/publications/41611/documents/205745/default/

We need policy and evidence to help change TV work culture

This week we submitted written evidence to the Culture, Media and Sport (CMS) Committee. This is the Parliamentary Select Committee that scrutinises the work of the Government Department (DCMS) that has recently launched an inquiry into ‘What the industry and Government can do to ensure British film and high-end television adapt for the future’. The area they have chosen to look at is a broad one, but the evidence we have submitted directly addresses two specific subsidiary questions: First, what should be prioritised to ensure a strong skills pipeline and retention in the film and high-end television industry? And second, what needs to change to ensure the industry is supporting inclusivity and sustainability?

These questions relate directly to the research that we do here at BU in the Faculty of Media and Communication into the nature of work in the media industries: project-based and heavily dependent on a largely freelance arms-length workforce. Its prevalent employment model, the ‘bulimic’ (feast-or-famine) flow of work and its short-term but highly intensive character present many challenges, both to the individual and the employer. Work in TV often involves poor hiring practices, it militates against inclusivity and sustainability and can involve high levels of stress that creates a culture susceptible to bullying and harassment.

Depressingly – and as if on cue – just as we were marshalling our evidence for the CMS Committee, the story broke of yet another high-profile example of the sort of bad behaviour that often goes unchecked in this kind of work environment. Our piece in The Conversation published today frames the Russell Brand case in the context of the underlying – systemic – problems that we want to help the CMS Committee to understand.


Read our article in full: Russell Brand allegations are leading to renewed scrutiny of the endemic bullying and harassment in the TV industry. The Conversation, September 21, 2023