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Mashing-up Culture Proceedings from the COUNTER workshop Mashing-up Culture Upp- sala University, May 13-14, 2009 Title: Mashing-up Culture: The Rise of User-generated Content Eds.: Eva Hemmungs Wirtén and Maria Ryman Abstract: These are the proceedings of the first COUNTER workshop “Mashing-up Culture: The Rise of User-generated Content”, Uppsala Uni- versity, May 13-14, 2009. COUNTER is a European research project ex- ploring the consumption of counterfeit and pirated goods. Sampling, remix- ing, mash-ups and appropriation are part of the digital creative milieu of the twenty-first century. Sites such as YouTube and deviantART have offered new outlets for creativity and become hubs for innovative forms of collabo- ration, thus playing their part in challenging modernist notions of what it means to be a creator as well as a consumer. Drawing on this general back- ground, the ten papers presented in these proceedings are examining areas such as: Sampling, mash-ups, and appropriation; Creativity and collabora- tive practices; Creative Industries and intellectual property; Copyright, Cultural Heritage and Cultural Policy; and Formal and informal regulations of intellectual property. The ten authors are all contributing to an interna- tional and interdisciplinary scientific discussion on the mash-up. Mash-ups and user-generated content are social and cultural phenomena which in these papers are put into various contexts, from legal ones, over technology, to the nation as a framework. Keywords: Proceedings (COUNTER Counterfeiting and Piracy Research), Copyright—Adaptions, User-created content COUNTER is funded by the European Commission’s Framework 7 programme. Mashing-up Culture: The Rise of User- generated Content Proceedings from the COUNTER workshop Mashing-up Culture Uppsala University, May 13-14, 2009 Eds. Eva Hemmungs Wirtén & Maria Ryman Meddelanden från Institutionen för ABM vid Uppsala universitet Nr 2 Meddelanden från Institutionen för ABM vid Uppsala universitet Nr 2 General eds.: Kerstin Rydbeck, Eva Hemmungs Wirtén, Björn Asker and Inga-Lill Aronsson Eds. for No. 2: Eva Hemmungs Wirtén and Maria Ryman Distribution: Department of ALM Box 625, 751 26 Uppsala [email protected] Cover: Graphic Services, Uppsala University Cover photo: Mash-up of COUNTER logotype © Department of ALM, COUNTER and the authors ISBN 978-91-506-2081-8 Print: Universitetstryckeriet, Uppsala 2009 Contents Foreword 7 Eva Hemmungs Wirtén Mashing-up Culture: Workshop Programme 9 COUNTER: Counterfeiting and Piracy Research 11 Copyright and Its Limits in the Age of User-generated Content 14 Niva Elkin-Koren CDPT Mash-up 360. A Cauldron of Creativity: Outcomes from the University of Portsmouth Event 46 Trudy Barber, Hilary Cooke, Ed Woodroffe From Copyright to Copyleft and from Copyleft to Copywrong or “If Hitler Had Been a Hippy How Happy Would We Be?” 65 Marina P. Markellou User-generated Contents and Urban Middle Class 82 Ashutosh Potdar If You Build It, They Won’t Come: Placing User-generated Content in Context of Commercial Copyright Policy 98 Andres Guadamuz Public Policy: Mashing-up Technology and Law 125 Puneet Kishor, Oshani Seneviratne The Copyright Dispute: A Transnational Regulatory Struggle 146 Leonhard Dobusch, Sigrid Quack Revisiting the Role of Critical Reviews in Film Market 169 Finola Kerrigan, Cagri Yalkin Liability of Online Auction Sites for Infringing “User-generated Content”: Have IP Owners Lost the Battle but Not the War? 187 Christine Riefa User-generated Content and Intellectual Property Rights: 208 Rules Governing an Internet Service Provider’s Liability in Europe and USA Thanos K. Tsingos Author Biographies 232 Foreword Many contemporary cultural practices appear born digital. Mashing- up, “taking a digital media file containing any or all of text, graphics, audio, video and animation drawn from pre-existing sources, to cre- ate a new derivative work,” or sampling, “the act of taking a portion, or sample, of one sound recording and reusing it as an instrument or a different sound recording of a song,” are two cases in point. Both are nonetheless examples of appropriation, an activity with a long and illustrious history. And as befits a proceedings of this kind, “the use of borrowed elements in the creation of new work”, as well as the two first definitions stems from a digital source: www.wikipedia.org. Sampling, remixing, mash-ups and appropriation are part of the digital creative milieu of the twenty-first century. Sites such as You- Tube, Flickr and deviantART have offered new outlets for creativity and become hubs for innovative forms of collaboration, thus playing their part in challenging modernist notions of what it means to be a creator as well as a consumer. User-generated content has drawn upon the reuse of existing texts as well as new creations, bringing forward possibilities for new audiences and meanings while also raising questions about how digital texts are controlled through copy- right and how intellectual property is managed. These are only some of the questions addressed by the COUNTER workshop Mashing-up Culture: The Rise of User-gene- rated Content - which takes place at Uppsala University on May 13th-14th, 2009. This workshop is the first event organised by the FP7 funded European research project COUNTER www.counter2010.org and it brings together an international and interdisciplinary group of participants to explore the socio-economic 7 and cultural impacts of the consumption of counterfeit goods, file sharing, and the rise and importance of user-generated content. On behalf of the COUNTER-project and as workshop chair, it is my great pleasure to welcome all the participants in the Mashing-Up Culture workshop to Uppsala University. Professor Eva Hemmungs Wirtén 8 COUNTER: Counterfeiting and Piracy Research COUNTER is a European research project exploring the con- sumption of counterfeit and pirated leisure goods. It is a 24 month project running until the end of March 2010. Funded by the Euro- pean Commission’s Framework 7 programme, the COUNTER re- search project is designed to collect data, generate knowledge and disseminate findings on the European landscape for the consumption of counterfeit consumer goods. It proposes a research project that explores: • Frequency and distribution of counterfeits • Consumer attitudes to counterfeit and pirated goods • Legal and ethical frameworks for intellectual property • Policy options for engaging with the consumers of coun- terfeits • The use of copyrighted goods in the creation of new cul- tural artefacts • Impacts of counterfeiting and control of intellectual property COUNTER will collect data on consumer behaviour, policy develop- ment, and stakeholder engagement. Together, these will allow COUNTER’s research to integrate demand-consumption side issues with policy implications. Further details on the organisation of COUNTER’s research are available at http://counter2010.org/research. The project brings together a team of European researchers from the UK, Austria, Sweden, Italy, Slovenia in order to develop a multi- 9 disciplinary and multi-method approach to counterfeit goods and intellectual property that draws upon the strengths of economics, sociology, law, psychology, and management and information sci- ence. By developing an innovative research framework, the project will generate new policy and industry relevant knowledge and de- velop a research agenda which can be developed and implemented and inform future research. The COUNTER research team is made up of the following researchers: Jo Bryce [email protected] & Neil Horton [email protected], University of Central Lancashire Elfriede Penz [email protected] & Eva Hofmann [email protected], Vienna University of Economics and Business Eva Hemmungs Wirtén [email protected], Marianne Dahlén Marian- [email protected], Ekaterina Kalinina [email protected] & Maria Ryman [email protected], Uppsala University Maria Lillà Montagnani [email protected], Maurizio Borghi [email protected] & Indranath Gupta indra- [email protected], Bocconi University Irena Vida [email protected], Mateja Kos Koklic mate- [email protected], Domen Bajde [email protected] & Barbara Culiberg [email protected], University of Ljubl- jana 10 Mashing-up Culture: Workshop Programme Mashing-up Culture: The Rise of User-generated Content, a two-day workshop, at Uppsala University in Sweden on May 13-14, 2009. WEDNESDAY MAY 13 Venue: University building Lecture Hall X 14.15: Welcome by Professor Eva Hemmungs Wirtén, Uppsala Uni- versity 14.15-15.30 KEYNOTE by Professor Niva Elkin-Koren Director, Haifa Center of Law & Technology, Faculty of Law, University of Haifa: “Copyright and Its Limits in the Age of User-Generated Con- tent” 15.30-16.00 COFFEE (served outside Lecture Hall IV) Lecture Hall IV 16.00-17.30 COUNTER Research Presentations: 16.00-16.20 Overview of COUNTER by coordinating University of Central Lancashire Jo Bryce (Coordinator), Neil Horton 11 16.30-16.50 Bocconi University “Managing Intellectual Property in the Web 2.0: A Survey of the Online Distribution System” Maria Lillà Montagnini, Maurizio Borghi, Indranath Gupta 17.00-17.20 Vienna University of Economics and Business “Pros and Cons of IP from the Music Industry Perspective” Elfriede Penz, Eva Hofmann 17.30 Guided tour of the University building, Cathedral and Mu- seum Gustavianum 19.30 Buffet dinner served at Museum Gustavianum THURSDAY MAY 14 Workshop Venue: The Orangery, The Linnaeus Garden 09.15-09.45 Trudy Barber, Ed Woodroffe, Hilary Cooke, School of Creative Arts, Film and Media, University of Portsmouth: “CDPT Mash-up 360. A Cauldron of Creativity: Outcomes from the University of Portsmouth Event” 09.45-10.15 Marina P. Markellou, Intellectual Property Attorney, LLM in Intellectual Property from the University of Montpellier, and currently scholar of the Hellenic Scholarships Foundation: “From Copyright to Copyleft and from Copyleft to Copywrong or ‘If Hitler Had Been a Hippy How Happy Would We Be?’” 10.15-10.45 Ashutoh Potdar, performance artist, writer, and critic.
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