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We, that is Sigrid Quack, Konstantin Hondros, Katharina Zangerle and I, proudly present the article “Between Anxiety and Hope? How Actors Experience Regulatory Uncertainty in Creative Processes in Music and Pharmy”, which has recently been published in “Research in the Sociology of Organizations” (RSO) as part of a volume on “Organizing Creativity in the Innovation Journey”. Check out the abstract below:
Uncertainty about Intellectual Property Regulations (IPR) is prevalent in today’s knowledge-based and creative industries. While prior literature indicates that regulatory uncertainty affects creative processes, studies that systematically analyze the effects of IPR on the experiencing of involved actors in creative processes across fields are rare. We ask how core professional actor groups including creators, legal professionals and managers involved in creative processes experience regulatory uncertainty in the fields of music and pharma. By studying practices of engaging with, circumventing and avoiding regulatory uncertainty about IPR, we show how creative processes in both the music and pharma fields are entrenched with emotional-cognitive experiences such as anxiety, indifference and hope that vary by professional group. Our findings point toward managers and legal professionals observing, exposing and cultivating emotions by ascribing experiences to other actor groups. We conclude that comparing regulation-related emotions of involved actors across fields helps to develop a deeper understanding of the dynamics of creative processes.
In case you or your institution does not have access to RSO please do not hesitate to contact me so I can send you a copy of our article.
Markus Beckedahl, blogger, digital rights activist and one of the representatives of Creative Commons Germany, inspired a raging controversy within the German blogosphere with the following simple statement:
“Anyone, who actively uses the Internet and shows media literacy, constantly infringes copyright.”
(German original: “Jeder, der das Internet aktiv nutzt und Medienkompetenz zeigt, begeht die ganze Zeit Urheberrechtsverletzungen.”)
David Ziegelmayer, lawyer at CMS Hasche Sigle, immediately cast doubt whether Beckedahl were serious and admits to be swept off his feet by that statement. He claims that, on the contrary, uneducated users are responsible for copyright infringments such as unauthorized copying of pictures and texts, not the media literate ones.
Simon Möller, law blogger at Telemedicus, however supports Beckedahl’s claim and gives the following five examples:
- Commented links in blogs: the media literate blogger copies passages of texts, includes the links and a short comment. such a behavior is not covered by the citation exemption of copyright due to the unqeual ratio between cited text and comment.
- Embedding videos in blogs, since this would often require a license.
- Using ID pictures: the rights for publishing ID pictures online is normally not acquired from the photographer.
- Unclear terms in open content licenses such as, for example, the Creative Commons NonCommercial clause (see also “Standardizing via Polling” on this blog).
- Using cloud services, which are not necessarily covered by extant copyright exemptions, at least in Europe. Read the rest of this entry »
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