Professor Martin Kretschmer
- Professor of Intellectual Property Law and Director of CREATe Centre (School of Law)
telephone: 0141 330 3886
Martin Kretschmer (Vordip FU Berlin, LLM LSE, PhD UCL) joined the University of Glasgow in 2012 as Professor of Intellectual Property Law in the School of Law and Director of CREATe (www.create.ac.uk), the RCUK Centre for Copyright and New Business Models in the Creative Economy. CREATe is an interdisciplinary research hub funded jointly by three UK research councils (Arts & Humanities AHRC, Engineering & Physical Sciences EPSRC, and Social & Economic Sciences ESRC). From 2000-2012, Martin was Director of the Centre for Intellectual Property Policy & Management (CIPPM) at Bournemouth University (www.cippm.org.uk). From 1996-1999, he was an ESRC postdoctoral research fellow at Cass Business School, City University, London (ESRC Media Economics and Media Culture programme). During the 1990s, he was German Consultant Editor at BBC Worldwide, and wrote for German language national newspapers, public radio and TV.
Martin has written numerous independent policy reports (including for UK Intellectual Property Office IPO, UK Cabinet Office, European Parliament).In 2010-2011, Martin was seconded to the IPO (at the time of the Hargreaves Review) working on a project on copyright levies. In 2015/16, Martin served as President of EPIP, the European Policy for Intellectual Property Association. In 2018, he is Fernand Braudel Senior Fellow at the European University Institute in Fiesole/Florence.
SSRN author page:
Martin is best known for developing innovative empirical methods relating to issues in copyright law and cultural economics, and as an advisor on copyright policy. He also has a long standing interest in the history of ideas relating to these field. He is chair of the editorial boards of www.copyrightevidence.org and www.copyrightuser.org (UK #1 copyright portal). He is also general editor (with L. Bently) of www.copyrighthistory.org (global #1 copyright history archive).
Favale, M., Kretschmer, M. and Torremans, P. (2016) Is there a EU copyright jurisprudence: an empirical study of the workings of the European Court of Justice. Modern Law Review, 79(1), pp. 31-75. (doi:10.1111/1468-2230.12166)
Heald, P., Erickson, K. and Kretschmer, M. (2015) The valuation of unprotected works: a case study of public domain photographs on Wikipedia. Harvard Journal of Law and Technology, 29(1), pp. 1-32.
Kretschmer, M. , Deazley, R., Edwards, L., Erickson, K. , Schafer, B. and Zizzo, D. J. (2014) The European Commission's public consultation on the review of EU copyright rules: a response by the CREATe Centre. European Intellectual Property Review, 36(9), pp. 547-553.
Kretschmer, M. (2011) Private Copying and Fair Compensation: An empirical study of copyright levies in Europe. Project Report. Intellectual Property Office, Newport.
Professor Martin Kretschmer has been awarded the following grants:
Funding body: AHRC
Title: Unlocking co-creative possibilities: CREATe follow-on engagement with UK creative economy stakeholders to improve copyright practice and policy
Applicants: M. Kretschmer (PI), R. Deazley, K. Erickson, S. Singh (named researchers B. Meletti, K. Patterson)
Dates: February 2017-September 2018
Amount awarded: £161,000 (£200K fEC, plus £30K UoG ESRC/EPSRC Impact Acceleration Account)
1. Co-creation in the production chain: animations and guidance
Extending animation techniques (piloted in the award winning film The Adventure of the Girl with the Light Blue Hair - http://copyrightuser.org/the-game-is-on/), copyright opportunities and risks relating to co-creation will be presented as they arise in the production process. British Film Institute (BFI), lottery funded partner IntoFilm, UK Intellectual Property Office and Authors Licensing and Collecting Society (ALCS) are collaborating partners.
2. Co-creation from cultural heritage: events and guidance
This activity seeks to improve understanding how copyright norms shape digital access to cultural heritage. Using the exemplar of Sherlock Holmes, two screening events will explore the creative reuse of the Sherlock character at the BFI Southbank in London and in Glasgow’s new KelvinHall hub. National Library of Scotland, British Film Institute (BFI) and Chartered Institute of Library and Information Professionals (CILIP) are collaborating partners.
3. Co-creation in policy deliberation: peer production of evidence
This activity will address neglected and under-represented stakeholder groups in the copyright policy making process, in particular micro-sized innovative firms and individual creators engaged in co-creation. In consultation with a Wikimedian-in-residence, we will provide new data-mining tools and open functionality via the MediaWiki software in order to facilitate a series of ‘virtual town hall meetings’ for these groups. Wikimedia Foundation, N-Square Consultants and UK IPO are collaborating partners.
4. UK Research and Innovation Network
CREATe will develop as a national catalyst, connecting expertise in law, social science and technology with stakeholders through a new national Research and Innovation Network for the Creative Economy. Scottish Games Industry network at Dundee, KTN Ltd (Creative Industries) and Digital Catapult are collaborating partners.
Funding body: Digital Catapult
CREATe researcher in residence at Digital Catapult
Applicants: M. Kretschmer (PI), B. Meletti (named researcher)
Dates: September 2015-August 2016
Amount awarded: £25,000
Placement support for the lead producer of CREATe portal CopyrightUser.org; Production of new content, engagement with Copyright Hub, engagement with user groups (publishing, music, film, games, archives sector).
Funding body: AHRC
Title: Creative Economy Showcase
Applicants: M. Kretschmer (PI), Philip Schlesinger, Kris Erickson, Ronan Deazley
Dates: Exhibition London, King's Place, March 2014
Amount awarded: £10,000
Funding body: ESRC (match funded by Intellectual Property Office)
Title: The Value of Public Domain Works
Applicants: M. Kretschmer (PI), K. Erickson, F. Homberg, D. Mendis
Dates: September 2013-January 2015
Amount awarded: 42,900 ESRC (80% fEC) + £52,000 IPO
The creative process within media firms is often characterised as a binary choice between licensing existing intellectual property or creating new intellectual property owned by the business. However, a third possibility exists, which is that creators draw upon material in the public domain, such as stories and ideas that are not protected by copyright. In the 2011 Review of Intellectual Property for the UK government, Ian Hargreaves suggested that "unduly rigid application of copyright law" may "block innovation" and "hamper growth". The greater availability of creative material may indeed provide greater opportunities for the UK media sector and particularly SMEs. While this claim is theoretically plausible, there have been few empirical studies of value creation from a public domain perspective. It is the aim of this project to create a foundation for assessing the economic and social value that use of materials at the margins of copyright law brings to the UK economy. The site of the project will be transmedia SMEs.
Funding body: EPSRC
Title: Building Better Business Models: Capturing the Transformative Potential of the Digital Economy
Applicants: C. Baden-Fuller (PI, CASS City University), Stefan Haefliger (Co-I, CASS City University, M. Kretschmer (Co-I), Mary Morgan (Co-I, LSE) Paul Nightingale (Co-I, SPRU Sussex), in collaboration with an international research team from leading business schools and social science departments located at Wharton, Grenoble, ETH Zurich
Dates: July 2013-June 2016
Amount awarded: £1m Consortium (fEC), of which £77,000 to University of Glasgow
Sustainable advantage does not come from new technologies alone, but from better business models that are co-evolved and integrated with those technologies. We still do not properly understand which business models are best designed or adapted for any chosen technology, and what are the optimal timing and methods for integrating business model thinking into the technological trajectory, or whether (and how best) established business models might need to be fine-tuned – or even completely renewed – to align with new technologies as they emerge. The empirical work involves undertaking sector studies to examine the co-evolution of technology and business models across important economic sectors (such as software, digital entertainment, pharmaceuticals and satellites). We will document more than 50 cases of successful (and less successful) business model design and execution.
Funding body: AHRC (match funded by University of Glasgow)
Title: CREATe Digital Platform Project
Applicants: M. Kretschmer (PI)
Dates: October 2013-September 2016
Amount awarded: £85,000 AHRC
Funding body: AHRC/EPSRC/ESRC
Title: CREATe: RCUK Centre for Copyright & New Business Models in the Creative Economy
Dates: October 2012-2016
Amount awarded: £5million (fEC)
CREATe is a pioneering academic initiative designed to help the UK cultural and creative industries thrive and become innovation leaders within the global digital economy. An ambitious programme of 40 projects is delivered by an interdisciplinary team of academics (law, economics, management, computer science, sociology, psychology, ethnography and critical studies). CREATe will examine the business, regulatory and cultural infrastructure of the cultural and creative industries by exploring cutting-edge questions around digitisation, copyright, and innovation in the arts and technology. CREATe is based at the University of Glasgow, leading a consortium of 7 Universities: the University of East Anglia, the University of Edinburgh, Goldsmiths (University of London), the University of Nottingham, the University of St. Andrews and the University of Strathclyde.
The Centre will be supported by £5m of funding over four years (2012-2016) from the Arts and Humanities Research Council (AHRC), Engineering and Physical Sciences Research Council (EPSRC) and Economic and Social Research Council (ESRC). The research agenda has been developed in collaboration with the Intellectual Property Office, NESTA and Technology Strategy Board. The research programme links seven interrelated themes: (i)Good, Bad and Emergent Business Models; (ii) Openness and Open Business Models; (iii)Regulation and Enforcement; (iv) Creative Practice and the Creative Environment; (v) Intermediaries and Platforms; (vi) User Creation, User Behaviour and Community Norms; and, (vii) Human Rights and the Public Interest.
Funding body: Economic & Social Research Council (ESRC)
Applicant: M. Kretschmer
Title: Comparative study of copyright levies (ESRC Fellow at UK Intellectual Property Office)
Commitment: PI, Placement Fellow (50%)
Dates: academic year 2010/11
Amount awarded: £43,018
Outcome: Report to IPO ‘Private Copying and Fair Compensation’ (cited in Hargreaves Review of IP & Growth May 2011; government’s response to Hargreaves August 2011, and IPO impact assessment December 2011); programme of knowledge transfer with IPO; presentations to policy makers at Brussels (Bruegel), Geneva (WIPO), Washington DC (SERCI).
A levy system providing ‘compensation’ for authors, publishers, performers and producers for the private copying of copyright materials was first created with the German copyright law of 1965 (UrhG). Levies on copying devices and copying media are now prevalent throughout the EU (with the exception of the UK, Ireland, Malta, Cyprus and Luxembourg), in North America (Canada, and to a limited extent the United States) and in Japan. In the EU alone, collection exceeds 500 million Euro per year. Despite their wide adoption, rationale and economic consequences of levy systems are little understood. It is unclear what incentives, if any, levies are supposed to provide, and who are the empirical beneficiaries. It remains unresolved if a levy should be simply analysed as a (regressive) tax, or if there can be efficiencies that are similar to the transaction cost rationale of blanket licences. There may also be dynamic effects, from increased access to copyright materials for follow-on innovation. In addition, a number of non-economic arguments are frequently made, focussing on the reward of creators.
The placement fellowship in the Intellectual Property Office examined (i) the economics of different types of pricing (e.g. percentage of revenue, percentage of retail price, per user fee), (ii) issues arising from tax points (e.g. copying media, equipment, traffic), (iii) issues arising from distribution schemes (e.g. between various categories of legal rights, between authors and publishers, between major and minor earners, effects of earning thresholds) and (iv) crossborder trade effects of levy schemes.
Funding body: UK Strategic Advisory Board for IP Policy (SABIP)
Applicants: M. Kretschmer, E. Derclaye (Nottingham), R. Watt (Canterbury, NZ)
Title: The Relationship between Copyright and Contract Law
Commitment: consortium coordinator (PI), editor final report
Dates: August 2009-March 2010
Amount awarded: £10,222
Contracts lie at the heart of the regulatory system governing the creation and dissemination of cultural products in two respects: (1) The exclusive rights provided by copyright law only turn into financial reward, and thus incentives to creators, through a contract with a third party to exploit protected material. (2) From a user perspective purchases of protected material may take the form of a licensing contract, governing behaviour after the initial transaction. Thus, a review of the relationship between copyright and contract law has to address both supply- and demand-side issues. On the supply side, policy concerns include whether copyright law delivers the often stated aim of securing the financial independence of creators. Particularly acute are the complaints by both creators and producers that they fail to benefit from the exponential increase in the availability of copyright materials on the Internet. On the demand side, the issue of copyright exceptions and their policy justification has become central to a number of reviews and consultations dealing with digital content. Are exceptions based on user needs or market failure? Do exceptions require financial compensation? Can exceptions be contracted out by licence agreements? This report (i) reviews economic theory of contracts, value chains and transaction costs, (ii) identifies a comprehensive range of regulatory options relating to creator and user contracts, using an international comparative approach, (iii) surveys the empirical evidence on the effects of regulatory intervention, and (iv) where no evidence is available, extrapolates predicted effects from theory.
Funding body: Design & Artists Copyright Society (DACS)
Applicants: M. Kretschmer, L. Bently (Cambridge)
Title: Publishing contracts of artists and visual creators
Commitment: joint project director (PI), 2 research assistants (E. Cooper; S. Singh)
Dates: October 2009-December 2010
Amount awarded: £23,000
Following the model of the influential ALCS project on literary authors (see below), contractual trends and earnings of artists and visual creators are captured, using a survey methodology.
Funding body: Economic & Social Research Council (ESRC)
Applicants: M. Kretschmer, J. Wardle (BU Media School), S. Singh (BU Business School)
Title: The Exploitation of Television Formats in Emerging Markets: Intellectual property and non-law based strategies
Commitment: project director (PI), 1 business fellow
Dates: October 2008-July 2009
Amount awarded: £32,000 (16K ESRC, 16K in kind FremantleMedia)
Outcome: (i) Digital resource http://tvformats.bournemouth.ac.uk; (ii) dissemination seminar hosted by FremantleMedia, London on 16 June 2009 (oversubscribed with more than forty delegates from TV production companies, government officials, city lawyers, and academics – various media reports); (iii) conference paper at ISHTIP Milan (26-27 June 2009)
Television formats (such as Big Brother, Who Wants to Be a Millionaire, Pop Idol or Strictly Come Dancing) have become a major export industry for Britain and the United States (who together account for nearly two thirds of all format hours broadcast annually worldwide). Yet, there is no such thing as a television format right under copyright law. Any producer is free to develop game, reality and talent shows that are based on similar ideas. This has created a paradox for programme developers and programme buyers: Why pay for a programme format if you can re-create it for free? This Business Placement project researched the use of legal (e.g. trade marks, know-how licences) and non-legal strategies (e.g. reputation networks, regional offices, branding) in the exploitation of television formats, in particular in relation to the major emerging markets (such as Eastern Europe, India and China). In close cooperation with the industry, the project has included (1) an interview based study at major international media fairs (MIPCOM and NATPE); (2) a case study of the exploitation of three successful television formats developed by FremantleMedia, one of the major UK independent television producers, and co-sponsor of the project.
Funding body: Arts & Humanities Research Council (AHRC)
Applicants: Prof. Lionel Bently (Cambridge) and M. Kretschmer
Title: Primary Sources on Copyright (1450-1900)
(Electronic Database of Historical Materials on Copyright from Five Key Jurisdictions)
Reference: RE / PID number: 127573 / AID Number: 112383
Commitment: joint project director (Co-I), 5 research fellows (Dr Oren Bracha; Dr R. Deazley, Dr F. Kawohl, Dr J. Kostylo, Dr F. Rideau), sub-editor (L. Sundqvist), consultants (Prof. M. Thaller, K. Hoehne; Universität Köln)
Dates: October 2005-July 2008 (final report October 2008)
Amount awarded: £292,000
Outcome: (i) Digital archive www.copyrighthistory.org; (ii) launch conference at Stationers’ Hall, London with 80 scholars from Australia, Austria, Germany, France, Holland, India, Italy, Japan, New Zealand, Nigeria, Spain, Sweden, the UK and the US (19/20 March 2008); (iii) edited volume with papers from the conference (Privilege and Property: Essays on the History of Copyright, Cambridge: Open Book Publishers, 2010)
Information norms (and in particular the laws of intellectual property) are constitutive of modern societies. An understanding of the sources of these norms is critical to understanding the scope and direction of current laws. The key historical materials on copyright derive from Italy (Venice), France, the UK, Germany and the United States. The project creates a free electronic archive of primary sources from the invention of the printing press (ca1450) to the Berne Convention (1886): in facsimile and transcription, translated and key word searchable. Editorial headnotes provide context.
Funding body: Authors’ Licensing and Collecting Society (ALCS)
Applicants: M. Kretschmer, P. Hardwick (Professor of Economics, Bournemouth)
Title: ‘Authors’ earnings from copyright and non-copyright sources: A comparative survey of 25,000 British and German writers’
Commitment: project director (PI), 2 research fellows (Dr M. Guirguis, Dr F. Kawohl)
Dates: November 2005-July 2007
Amount awarded: £58,000
There are few studies on authors’ earnings. In particular, there are no systematic studies assessing the effects of the legal framework of copyright and contract law on authors’ income and professional decisions. The available data seem to indicate that (i) only a small percentage of authors reach ordinary living standards from copyright income; that (ii) earnings from non-copyright activities are an important source of income for many authors. It was the aim of the project
- to provide a transparent and reliable survey of authors’ earnings from copyright and non-copyright sources in Germany and the UK
- to provide a systematic comparison of the legal and institutional differences affecting authors’ earnings in Germany and the UK.
- Conduct a limited number of in depth interviews to generate working profiles of authors according to professional groups
- Devise and pilot questionnaire
- Perform survey by mailshot inserted into ALCS/VG Wort communication
- Compute and analyse returns statistically
- Triangulate results with ALCS/VG Wort distribution data
(b) Legal and institutional framework
- Drawing on existing comparative studies and a collection of template publishing contracts, construct a taxonomy of the legal and institutional framework in Germany and UK. The aim is to capture the prevalent characteristics of copyright contracts and remuneration from secondary use for groups of authors (such as literary authors, journalist and academics, and also sub-groups such as novelists, playwrights, screen writers and translators)
- Formulate hypotheses of links between the legal and institutional framework and authors’ earnings
Funding Body: European Commission
Applicant: Queen Mary Intellectual Property Research Institute
Title: EU PHARE twinning project with Latvia, ‘Protection of Intellectual Property Rights for Investment’:
Commitment: Leading activities 2, 3, 5: ‘Assessing the current and potential contribution of the creative, innovative and branded goods industries to the Latvian economy’
Dates: April - May 2005
Amount awarded: £8,500 (as sub-contract)
Outcome: author final report (with R. Deazley), June 2005; Latvia: Protection of Intellectual Property Rights for Investment (EU PHARE project), final report WG1 (needs analysis, case studies, findings, recommendations): pp. 1-25
Case Study 1: High Technology
Latvian Institute of Organic Synthesis (IOS)
Case Study 2: Industrial Design
Case Study 3: Creative Industries
Microphone Records, Micrec Publishing
Funding body: Arts Council
Applicant: M. Kretschmer
Title: ‘Digital copyright and microdistribution in music and media arts’
Commitment: project director (PI), 1 research assistant (Dr F. Kawohl)
Dates: September 2003 - January 2004
Amount awarded: £5,000
Research students under supervision
PhD projects are linked to the work of the CREATe Centre. They typically include an empirical component, and are often co-supervised with another academic School, Department or external Research Organisation.
Janet Burgess – ‘Copyright and amateur music making’
Jaakko Miettinen (CREATe bursary)– ‘Behavioural economics of creator motivation’
(jointly with Dept. of Economics, Adam Smith Business School, University of Glasgow)
Victoria Stobo - 'Archives, Digitisation & Copyright' (jointly with Digital humanities, Dept. of Information Studies; from 2018 Lecturer in Archive Studies, Liverpool University)
Methinee Suwannakit - 'Protection of privacy and personal data in the digital age: the case study of individual media users'
Amy Thomas (CMS bursary) – ‘Who is a Copyright User? A sociological perspective’
Andrea Wallace - (CREATe bursary) – ‘Claiming Surrogate IP Rights: When Cultural Institutions Repossess the Public Domain’ (jointly with National Library of Scotland; since 2017 Andrea has been a Lecturer in Law at Exeter University)
Recent PhD completions include:
Kenneth Barr (2017) - Music copyright in the digital age: creators, commerce and copyright- an empirical study of the UK music copyright industries. (Lord Kelvin Adam Smith bursary, jointly with Dept. of Music; since 2017 Kenny is a postdoctoral research at the Centre for Cultural Policy Research, University of Glasgow)
Megan Blakeley - 'Culture, Heritage, and Intellectual Property: Successes and Sacrifices in Leveraging Gaelic Cultural Nationalism for Economic Development' (since 2016 Megan has been a Lecturer in Law at Lancaster University: http://www.lancaster.ac.uk/law/people/megan-blakely)
Sheona Burrow (2017) – ‘Access to Justice in the Small Claims Track of the Intellectual Property Enterprise Court (IPEC): An Empirical Enquiry into Use by Creative SMEs’ (CREATe bursary; since 2017, Sheona is in-house solicitor at a London firm and CREATe postdoctoral fellow)
- Advisory committees: UK Intellectual Property Office (IPO) Research Advisory Group (2014–); AHRC China Centre for Digital Copyright and IP (2015–17); Digital Catapult Advisory Group (2013–16); UK IPO Copyright Expert Advisory Group CREAG (2010–14), UK-SCL Steering Group (open access initiative 2017–)
- Scientific boards: Member of European Copyright Society (2015–); Managing board, Internet Policy Review (2014–); Board member, European Policy for Intellectual Property (2014–); Executive board, International Society for the History & Theory of Intellectual Property (ISHTIP) (2008–)