Book Review: Research Handbook on Intellectual Property and Creative Industries

Katfriend Dinusha Mendis is Professor of Intellectual Property and Innovation Law at Bournemouth University and Co-Director of the Centre for Intellectual Property, Policy and Managment (CIPPM). As someone who specialises in copyright law, copyright policy and the challenges to IP as a result of new and emerging technologies she was the purrrfect person to review the Research Handbook on Intellectual Property and Creative Industries. Here is what she says:

The Research handbook on Intellectual Property and Creative Industries, edited by Professors Abbe E. L. Brown (School of Law, University of Aberdeen) and Charlotte Waelde (Centre for Dance Research, Coventry University) published in 2018, forms part of Edward Elgar Publishers, prestigious ‘Research Handbooks in Intellectual Property’ series, edited by none other than IPKat’s Professor Jeremy Phillips. Just over ten years following the publication of the first research handbook (in 2007), this excellent handbook on Intellectual Property and the Creative Industries is timely and much needed.

The book, comprising twenty-nine chapters organised into six parts, reflects contributions from distinguished experts in the field of Intellectual Property (IP) and the Creative Industries (CI).  Commencing with chapters which sets the scene to IP and its relevance to the CI (in Part I), the book quickly moves on to consider a variety of new developments, issues, policy perspectives amongst others from national and international perspectives.

In particular, and as Professor Ian Hargreaves mentions in the Foreword, the collection pushes the boundaries of the conversation about IP and CI beyond its familiar limits – and this is one of the most distinctive aspects of this excellent collection. It is the first of its kind to delve into issues on IP and CI from various different and wide-ranging angles including reflections from parts of the world which so far have not been central to the discussion (such as Southern Africa, India and Egypt) together with insights from countries such as New Zealand, Japan, EU and UK – thereby providing a striking comparative analysis.

Alongside these chapters, the book presents a collection of chapters which highlights the underpinning elements of the creative industries such as issues relating to IP enforcement on the one hand and open approaches to sharing on the other. Combining both theoretical and empirical methodologies, these chapters (in Part III) highlight the many challenges which the CI face from an IP perspective. Navigating through these challenges, Part III concludes by presenting newer types of remedies for IP owners, thereby going beyond the familiar financial remedies.

An influential definition of the CI as presented in the book, is drawn from the Department of Culture, Media and Sport, ‘Creative Industries Mapping Document’ (2001). It refers to CI as ‘potential for wealth and job creation through generation and exploitation of intellectual property’. This definition – and sentiment – is cleverly captured in Part IV of the book which introduces several case studies drawn from the CI. Ranging from topics such as visual and performing arts to traditional knowledge, software and artificial intelligence to copyright in museums, these chapters explore how the CI and IP have coped with legal, social and technical change over the years. Once again moving between countries and cultures, the chapters are rich in their discussion and insights provided.

‘Cross-Sector Issues’ which are central to the CI are considered in Part V. The first chapter in this Part, begins with the ‘thorny issue of creativity’ before moving to a consideration of how people understand IP, creativity and reward – once again, a hotly debated topic. The relationship between business models and intellectual property as well as corporate social responsibility are amongst key themes here, which explore the diverse means by which investment can be obtained across the CI with a further focus on what can be learned from sustainability as well as its intersection with human rights.

This one covers all the hot topics Image: Stratman

The book concludes with a set of excellent ‘Foresighting’ chapters in Part VI which explores broad range of issues such as the role of economics in influencing IP policymaking in the ‘Creative and Cultural Industries’; diversity issues facing IP law; the meaning and use of language and communication practices including translation and indigenous languages in the creative/cultural discussion; and a final chapter – which  appropriately looks both forwards and backwards – regarding the place of folklore and heritage. In this context, the collection undoubtedly provides a complete and holistic view of the CI landscape.

CI is a broad term and encompasses various aspects, as displayed very well in this research handbook. However, the collection does not focus on the advertising and gaming sectors – as central tenets of the CI. At the same time, it is an aspect which is recognised and acknowledged by the editors; in other words, the decision to omit these valuable areas is not an oversight, but rather an editorial decision, as is the case with large projects such as this.

Overall, the collection is an extremely useful research guide and a ‘must-have’ for anyone interested in the CI, particularly as it approaches the topic from the perspective of different countries, cultures, issues and developments. It provides a holistic view on IP and CI in pushing boundaries and goes beyond the common themes of everyday discussion. It is a well thought out and insightful book and provides an excellent addition to the Edward Elgar Research Handbook series.

Extent: 416 pp
Hardback Price: £170.00 Web: £153.00
ISBN: 978 1 78643 116 5
Ebooks.com US$60.00
GooglePlay £36.00