Artistic Freedom and Post-Modern Copyright: Normativity and Art in Web 2.0

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The paper will discuss the current status of copyright law,and its matrix of divergent interests. It considers the role and specific interests of artists as well as of exploiters in emerging social sub-systems and will critically analyse the emerging conflict of interests between creativity as a fundamental basis of copyright protection, and interests in exploitation and markets. It will also introduce into underlying general debates in legal theory, including the role of constitutionally guaranteed rights of freedom of speech and artistic expression and how these inform the creation of new normative standards differing from traditional market norms.


Keywords: Art, Copyright, Web 2.0, Freedom of Art, Fundamental Rights, Legal Theory
Stream: Arts Policy, Management and Advocacy
Presentation Type: Paper Presentation in English
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Dr. Guido Westkamp

Senior Lecturer in Intellectual Property, Queen Mary Intellectual Property Research Institute
Centre for Commercial Law Studies
Queen Mary, University of London

London, London, UK

Guido Westkamp studied Law at the Universities of Münster/Germany (1992-1997) and London (QMW) (1994-95), and English and Russian Languages at Berlin (1991-1992) and Münster (1992-94). He is a qualified German attorney and has worked for international firms in IT/IP law. First German State Examination Hamm 1997; Second German State Examination Düsseldorf 2000; LLM Intellectual Property (London) 2001; Dr. jur. (Münster) 2002 (scl); Certificate in English Law (Münster) 1997; Intermediate Examination, English Philology (Münster) 1993. Guido is Course Director for the University of London LLM course "Intellectual Property in the Digital Millennium" and the MSc Copyright and Designs course. Visiting positions include posts at the Universities of Münster (Germany), Alicante (Spain), Hong Kong, TU Dresden (Germany) and Wroclaw (Poland). His work includes pre-accession consultancy on Intellectual Property law in new EU member states, management of EU funded projects, professional training in Intellectual Property. He was also involved in the evaluation of the Directive on Copyright in the information society (EC Commission) and is a frequent speaker at international conferences and workshops. Guido currently holds a generous grant from the Westfield Trust to conduct a research project on the implications of human rights on copyright law.

Ref: A09P0566