Last week, IBIL PhD researchers, Alina Shchetinina and Enzo Rebelo, presented their research to the Intellectual Property Law stream of the Socio-Legal Studies Association (SLSA) Conference, held at the University of Brighton. Both of the papers were based upon their PhD research projects
Enzo’s paper was entitled “We’re All in This Together” – Why the Related Rights Framework No Longer Works for the Music Industry and the Need for a “Musical Phonogram” Copyright. Relying upon scholarship from sociology and arts, it argued in support of the reclassification of the phonogram as an authorial work in copyright law, given that the recording process is an inherently collective, collaborative creative process. The paper attempted to address perceived shortcomings of copyright law which have, thus far, prevented artists and performers from being recognised as ‘authors’ of the phonogram. It proposed that recognition of musical phonograms as authorial works would remedy longstanding issues of remuneration and rights ownership which have long affected the music industry.
Alina’s paper was entitled Diluting Autonomy: Trade Mark Reputation and the Suppression of Artistic Expression. The paper advanced two claims. First, that EU dilution law lacks a clear and robust exception for expressive uses of trade marks, thereby restricting artistic speakers and their audiences. Second, even where expressive uses may be lawful in principle, legal uncertainty creates a chilling effect that discourages artistic engagement. The paper concluded that EU trade mark dilution prioritises corporate reputational interests over artistic autonomy and called for clearer limitations to preserve adequate breathing space for artistic expression.
Speaking after the conference, Alina commented: ‘Participating in SLSA was a rewarding opportunity to present my research and engage in stimulating conversations on intellectual property, artistic expression, and autonomy. Presenting my paper, helped me sharpen parts of my argument through discussions with scholars working across related areas. The conference created a valuable space for exchanging ideas, receiving constructive feedback, and reflecting on the wider significance of my work within contemporary debates on trade mark law and freedom of expression.’
Enzo added: ‘by attending SLSA, not only was I able to connect with leading figures in my field, but the conference also helped me to think more critically about my doctoral research. I left the conference having an enriched, broader perspective on music and copyright. I benefitted from insightful feedback on my presentation which helped me rethink my argument and how to strengthen it. I am now working on implementing the diverse suggestions I received, and I am grateful to the attendees for their thoughts.’