Creative Economy
Our research focuses on exploring the intersection of law, creative industries, and emerging technologies. We delve into a range of topics, including the legal framework for protecting creative works, the impact of new technologies on the creative industries, such as the rise of immersive technologies, and the challenges and opportunities presented by global trade and investment for creative industries, . We address key questions such as:
(1) How are new technologies such as the internet and digital platforms influencing creative industries, such as the music industry, and what legal challenges and opportunities do they bring?
(2) How do copyright laws apply to creative works in the digital age, and what are the implications for the protection and distribution of creative content?
(3) What challenges and opportunities arise from disruptive technologies like the internet, digitization, and artificial intelligence in the protection of trademarks in global and local creative markets such as the fashion industry?
(4) What challenges and opportunities does global trade and investment present for creative industries, and how can the legal framework adapt to these developments?
(5) How do emerging technologies like virtual reality and augmented reality impact creative industries, in the film and television sectors for example, and what legal challenges and opportunities arise from them?
(6) What challenges and opportunities does the rise of immersive technologies pose for protecting intellectual property rights, such as copyright and trademarks, and how can the legal framework adapt accordingly?
This research cluster actively contributes to advancing knowledge in these areas, providing valuable insights and expertise also to local creative industries. Creative industries in Northern Ireland, including the film, television, and music industries, are an important part of the local economy. In 2017, these industries were estimated to have contributed more than £1.5 billion to the economy and employed over 37,000 people.
People
Dr Paulina Wilson
Publications
Eugene C Lim, ‘Reconstituted Expression, Edited Works and Originality in Copyright Law’ (2023) 45(2) European Intellectual Property Review 72
Eugene C Lim, 'Fictional Characters and False Endorsements: When is a Trade Mark Registration Considered Deceptive?' (2023) 45(3) European Intellectual Property Review 119.
Eugene C Lim, 'Descriptive Words, Distinctive Character and Inventiveness in Trade Mark Law: A Critical Recalibration of the Abercrombie Spectrum' (2023) 25(2) Media and Arts Law Review 104.
L Sunner, ‘Legal aspects of the ownership of a superhero identity, in The Routledge Companion to Superhero Studies (Routledge 2023)
G Frosio, 'Copyright Term Extension: Good Morning to You Productions v Warner v Chappell Music' in E Bonadio and A O’Connell (eds), Intellectual Property Excesses: Exploring the Boundaries of IP Protection 9-31 (Bloomsbury 2022).
G Frosio, 'Intellectual Property and Extra-Contractual Liability (Common Law and Civil Law)' in I Calboli and M L Montagnani (eds), The Oxford Handbook on Intellectual Property Research (Oxford University Press 2021) 82-95.
G Frosio, 'A Brief History of Remix: From Caves to Networks' in E Navas, O Gallagher and X Burrough (eds.), The Handbook of Remix Studies and Digital Humanities 19-35 (Routledge, 2021)
Eugene C Lim, 'The Shifting Boundaries of Fame: Well-Known Trademarks, Consumer Recognition and Augmented Reality Platforms in the Age of COVID-19' (2021) 43(3) European Intellectual Property Review 172.
Eugene C Lim, ‘The Teletubbies, Aesthetic Functionality and the Section 51 Paradox: On the Interplay of Copyright, Design and Trademark Rules in Character Merchandising’ (2021) 43(10) European Intellectual Property Review 636
C Geiger, G Frosio and O Bulayenko, 'Text and Data Mining: Art. 3 and 4 of the Directive 790/2019/EU' in C Saiz and R Evangelio (eds), Los Derechos de Autor en el Mercado Unico Digital Europeo (Tirant lo Banch, 2020).
Eugene C Lim, ‘More than Fifty Shades of Grey: Single Colors, Position Marks, and the Self Containment Criterion’ (2019) 109 The Trademark Reporter 779
G Frosio, Reconciling Copyright with Cumulative Creativity: The Third Paradigm (Edward Elgar 2018).
Eugene C Lim, ‘Spontaneous Oral Communications, Impromptu Speeches and Fixation in Copyright Law: A Comparative Analysis’ (2018) 13(10) Journal of Intellectual Property Law and Practice 806
Eugene C Lim (Lead Author), 'Acoustic Branding, Non-Traditional Trademarks and the Graphical Representation Requirement: A Conceptual and Empirical Analysis' (2019) 41(1) European Intellectual Property Review 5.
G Frosio, 'Re-imagining Digital Copyright Through the Power of Imitation: Lessons from Confucius and Plato' (2018) 5(1) Peking Transnational Law Review 57-106.
C Geiger, G Frosio and O Bulayenko ‘The EU Commission’s Proposal to Reform Copyright Limitations: A Good but Far Too Timid Step in the Right Direction’ (2018) 40 Europ Intel Prop Rev 4-15;
C Geiger, G Frosio and O Bulayenko, 'The EU Commission’s Proposal to Reform Copyright Limitations: A Good but Far Too Timid Step in the Right Direction' (2018) 40 EIPR 4-15.
C Geiger, G Frosio and O Bulayenko, 'Facilitating Access to Out-of-Commerce Works in the Digital Single Market: How to Make Pico della Mirandola’s Dream a Reality in the European Union' (2018) 9(3) JIPITEC 240-250.
C Geiger, G Frosio and O Bulayenko, 'Facilitating Wider Access to Europe’s Cultural Heritage in the Digital Environment: Opinion of the CEIPI on the European Commission’s Copyright Reform Proposal, with a Focus on Access to Out-of-Commerce Works' (CEIPI Research Paper No. 2018-11, 2018).
Eugene C. Lim, 'How Chocolate Wars 'Shape' the Law: Three Dimensional Trade Marks, Kit Kat, and the Enigma of Technical Function' (2018) 48(2) Hong Kong Law Journal 533.
Eugene C Lim, 'Spontaneous Oral Communications, Impromptu Speeches and Fixation in Copyright Law: A Comparative Analysis' (2018) 13(10) Journal of Intellectual Property Law and Practice 806.
Eugene C Lim, 'On the Uneasy Interface between Economic Rights, Moral Rights and Users’ Rights in Copyright Law: Can Canada Learn from the UK Experience?' (2018) 15(1) SCRIPTed – A Journal of Law, Technology and Society 70.
C Geiger, G Frosio and O Bulayenko, ‘The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform’ (2017) 34(2) European Intel Prop Rev 202-210.
G Frosio, 'Resisting the Resistance: Resisting Copyright and Promoting Alternatives' (2017) 23 Rich J L Tech 4-58.
Eugene C Lim, 'Authorship, Death and Immortality: A Practical Look at the Posthumous Enforcement of Authors’ Rights in Canada' (2017) 12(11) Journal of Intellectual Property Law and Practice 906.
Eugene C Lim, 'Of Pride and Prejudice: Mangled Art, Mutilated Statues, Hypersensitive Authors and the Moral Right of Integrity' (2016) 21 Media and Arts Law Review 149.
G Frosio, 'A History of Aesthetics from Homer to Digital Mash-ups: Cumulative Creativity and the Demise of Copyright Exclusivity' (2015) 9(2) Law and Humanities 262-296.
G Frosio, 'A History of Aesthetics from Homer to Digital Mash-ups: Cumulative Creativity and the Demise of Copyright Exclusivity' (2015) 9(2) Law and Humanities 262-296.
G Frosio, 'Rediscovering Cumulative Creativity from the Oral-Formulaic Tradition to Digital Remix: Can I Get a Witness?' (2014) 13(2) J Marshall Rev Intell Prop L 341-395.
Eugene C Lim, 'Of Chew Toys and Designer Handbags: A Critical Analysis of the 'Parody' Exception under the U.S. Trademark Dilution Revision Act' (2012) 35 Campbell Law Review 83.
G Frosio, 'Google Books Rejected: Taking the Orphans to the Digital Library of Alexandria' (2011) 28 Santa Clara High Tech L J 81-141.