Simone Schroff

Plymouth University, School of Law, Criminology and Government, Faculty Member

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I am a lecturer in law specialising in the qualitative, quantitative and comparative analysis of copyright law and policy. My work focuses on the empirical assessment of copyright law and policies in the cultural heritage and business context as well as the historical analysis of copyright and contract law to facilitate mass digitisation projects. In this context, I have worked on a number of projects in cooperation with cultural heritage institutions to find solutions to the copyright challenges they face when they digitise their collections to make them available online or re-use materials to enhance the visitors’ experience.

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Papers by Simone Schroff

Missing the point- the disappointed hope of self- publishing authors

International Journal of Cultural Policy, Dec 20, 2023

The purpose of copyright—moving beyond the theory

Journal of Intellectual Property Law & Practice, Nov 1, 2021

All content in PEARL is protected by copyright law. Author manuscripts are made available in acco... more All content in PEARL is protected by copyright law. Author manuscripts are made available in accordance with publisher policies. Please cite only the published version using the details provided on the item record or document. In the absence of an open licence (e.g. Creative Commons), permissions for further reuse of content should be sought from the publisher or author.

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Linking Legal Scenarios to Empirical Data: Process-tracing as a Methodology in Law

Law and method, 2018

Law and Method section two and illustrate the discussion using the example of copyright ownership... more Law and Method section two and illustrate the discussion using the example of copyright ownership in the broadcasting sector. The final part then shows the added value of process-tracing in answering legal research questions. Establishing who owns the copyright looks at first sight like a purely legal question that can be answered using a doctrinal analysis. Hutchinson captures the main aim of doctrinal research very succinctly: 'The essential features of doctrinal scholarship involve "a critical conceptual analysis of all relevant legislation and case law to reveal a statement of the law relevant to the matter under investigation"' (Hutchinson, 2015, p. 131). In other words, doctrinal research at its core seeks to clarify how a situation would be resolved by a legal rule, depending on the reasoning established by the legislation and case law. However, a doctrinal analysis is essentially forward-looking. When the legal reasoning as well as the context is known, the specific, context-dependent outcome can be deduced. The relevant context is often not known or at least not known for certain. This gap can be highly significant in practice, as the following example on copyright ownership in the broadcasting sector shows. To make broadcasts accessible online, the user needs to license the making available right from the right holder. 2 The starting point for all doctrinal analyses of copyright ownership is the creator doctrine. It states that when a work is made and no special circumstances apply, the rights are owned by the author (creator). 3 TV broadcasts in turn are made up of many distinct copyright works and related subject matter, each with their own right holder. 4 Following this reasoning, many individuals and companies should own the rights. However, the empirical evidence 5 available for a subset of TV broadcasts showed that, in fact, the rights are highly concentrated in very few hands: namely the broadcaster, an independent producer or shared between the two. 2 Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (Directive 2001/29/EC) (Information Society Directive), Arts. 2 and 4. Please note that none of the exemptions listed in the Directive permit the digitisation projects to make the items available online. 3 Information Society Directive, Art. 2 and Art. 3. In the Netherlands, see Art. 1 Auteurswet (Aw). 4 If a work is made by more than one creator, then these authors share the copyright. As a result, the number of right holders is even larger. 5 The empirical evidence is drawn from the Schoon Schip dataset, which is explained in more detail below.

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Harmonizing Open Licenses among Online Databases of Enthusiast Communities: Challenges for the Legal Integration of Databases in the Japanese Visual Media Graph Project

Pop! Public. Open. Participatory

The Japanese Visual Media Graph project has created a knowledge graph for researchers working on ... more The Japanese Visual Media Graph project has created a knowledge graph for researchers working on popular Japanese visual media by combining data compiled by various enthusiast online communities. In order to open up the knowledge graph to researchers around the globe, the databases needed to be integrated legally. This article discusses the hurdles we encountered in this integration process and the solution we settled on to overcome these problems. We provide a brief look at the complexity of the legal protection afforded to databases, which we found to be an important source of problems even for communities that attempted to apply appropriate open licenses to their data. Finally, we detail how using the CC BY-NC-SA 4.0 license as a smallest common denominator and asking communities to provide us with a separate tailor-made licensing agreement helped address both the concerns of the communities and the long-term needs of the project.

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A Case for Openness – Book Publishing and the Role of Amazon

IIC - International Review of Intellectual Property and Competition Law, 2022

The presence of Amazon is ubiquitous, especially in the online bookstore and e-book market. The i... more The presence of Amazon is ubiquitous, especially in the online bookstore and e-book market. The introduction of the “Kindle” further cemented Amazon’s dominant position and business model in the market, having negative implications for authors, publishers and consumers. Publishers have less control over setting the price to have access to Amazon’s customer base. This will affect the authors’ remuneration and attribution. On the other hand, Kindle users are locked-in consumers, limited to Amazon’s e-book offering. This not only affects consumer choice but also reinforces Amazon’s market power due to the significant network effects. The European Commission attempted to increase competition in the e-book market by banning most-favourite-nation clauses, but this has seemingly failed. This article advocates for enforcing the Kindle’s interoperability with the e-book formats of other e-book providers. The proposed approach is beneficial for publishers as well as consumers. It safeguards c...

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Requirements for Diligent Search in the United Kingdom, the Netherlands, and Italy

The Object of the Analysis This Working Paper provides an analysis of the conditions under which ... more The Object of the Analysis This Working Paper provides an analysis of the conditions under which a Diligent Search can be carried out under the laws of Italy, the Netherlands and the UK. These pilot countries are both members of Heritage Plus and of the European Union. For each jurisdiction, the analysis has determined what are the requirements for Diligent Search to locate copyright holders and in particular: a) Who can carry out a Diligent Search and on what conditions; b) What are the authoritative sources and databases to be consulted and to what extent they are accessible on line; c) What use can be made of an orphan work. This will allow the researchers, in the subsequent stages of EnDOW, to design and populate the crowd-sourcing platform that will facilitate carrying out Diligent Search for mass digitisation. The Sources for Diligent Search All three examined countries have implemented the Orphan Works Directive. A) The legislation allows others to carry out the Diligent Sear...

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The politics of the Digital Single Market: culture vs. competition vs. copyright

Information, Communication & Society, 2017

This paper examines the implications for European music culture of the European Union's (EU) Digi... more This paper examines the implications for European music culture of the European Union's (EU) Digital Single Market strategy. It focuses on the regulatory framework being created for the management of copyright policy, and in particular the role played by collective management organisations (CMOs or collecting societies). One of the many new opportunities created by digitalisation has been the music streaming services. These depend on consumers being able to access music wherever they are, but such a system runs counter to the management of rights on a national basis and through collecting organisations which act as monopolies within their own territories. The result has been 'geo-blocking'. The EU has attempted to resolve this problem in a variety of ways, most recently in a Directive designed to reform the CMOs. In this paper, we document these various efforts, showing them to be motivated by a deep-seated and persisting belief in the capacity of 'competition' to resolve problems that, we argue, actually lie elsewherein copyright policy itself. The result is that the EU's intervention fails to address its core concern and threatens the diversity of European music culture by rewarding those who are already commercially successful.

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Regulating for creativity and cultural diversity: the case of collective management organisations and the music industry

International Journal of Cultural Policy, 2016

Please cite only the published version using the details provided on the item record or document.... more

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The Impossible Quest: Problems with Diligent Search for Orphan Works

SSRN Electronic Journal, 2016

Digital technologies allow unprecedented preservation and sharing of world-wide cultural heritage... more Digital technologies allow unprecedented preservation and sharing of world-wide cultural heritage. Public and private players are increasingly entering the scene with mass digitisation projects that will make this possible. In Europe, legislative action has been taken to allow cultural institutions to include in their online collections copyright works whose owners are either unknown or non-locatable (''orphan works''). However, according to the Orphan Works Directive, cultural institutions must attempt to locate the owner of a work before using it. This is the so-called ''diligent search'' requirement. This paper provides an empirical analysis of the conditions under which a diligent search can feasibly be carried out. The United Kingdom, the Netherlands, and Italy, all of which have implemented the Orphan Works Directive, have been selected as case studies. For each jurisdiction, this analysis determines what the requirements for a diligent search to locate copyright holders are, what the authoritative sources and databases to be consulted Research for this article has been carried out as part of EnDOW (''Enhancing access to twentieth century cultural heritage through Distributed Orphan Works clearance''), a project funded by the EU Joint Programming Initiative in Cultural Heritage and Global Change. Details on the project are available at: .

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An Alternative Universe ?

Comics today are a major business and they form the source material for a whole range of sectors ... more Comics today are a major business and they form the source material for a whole range of sectors in the creative industries. In an environment where major investments are necessary to turn a comic into a cross-media success, commercial intermediaries such as Disney have become the key copyright holders. By controlling the copyright, they ensure full control over all aspects of its monetisation. However, this is not the only way success can be achieved on a commercial scale. In Japan, the creators of comics (Mangaka) keep their copyrighta direct contradiction to current copyright thinking. This paper addresses this conundrum by examining both the Manga business and copyright law to identify if the reasons why copyright is not centralised in the hands of the commercial intermediary, especially the publishers. The analysis will show that while there are differences between Japan and the EU/ US, but these do not affect the role of copyright law and indeed failing to acquire the rights i...

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Regulating Collective Management by Competition: An Incomplete Answer to the Licensing Problem?

While the three functions of Collective Management Organisations - to licence use, monitor use, a... more While the three functions of Collective Management Organisations - to licence use, monitor use, and to collect and distribute the revenue - have traditionally been accepted as a progression towards a natural (national) monopoly, digital exploitation of music may no longer lead to such a fate. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least regarding the streaming of music, competition has not delivered. Part of the reason for this may be that the services required by the now competing CMOs have changed.

Europeana Sounds and Copyrights: The Need for and Challenges in Licensing Archival Materials

December 2015 How can cultural heritage institutions tackle the barriers to online access within ... more

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The evolution of copyright policies (1880-2010) : a comparison between Germany, the UK, the US and the international level

The conventional wisdom on the evolution of copyright and what has shaped it has come under incre... more The conventional wisdom on the evolution of copyright and what has shaped it has come under increasing strain in recent years. As technical innovation pushes for reforms, the results are increasingly subject to political debate and tension. Examining how copyright has evolved and what has driven the process is of key importance because of the economic importance of copyright to individual countries. In the light of this and to contribute to possible solutions, it is necessary to examine what or who has driven the process. To do this, the evolution of copyright polices has to be mapped in a comparative way. This thesis examines the evolution of copyright in Germany, the US, the UK and at an international level between 1880 and 2010. The analysis itself is split between the culture and stringency of policies. Culture refers to the overall approach to copyright while stringency covers the scope of protection. This approach is original because it allows for a comparison of copyright sys...

Regulating CMOs by competition : an incomplete answer to the licensing problem?

While the three functions of Collective Management Organisations – to licence use, monitor use, a... more While the three functions of Collective Management Organisations – to licence use, monitor use, and to collect and distribute the revenue – have traditionally been accepted as leading to a natural (national) monopoly, digital exploitation of music may no longer support such a conclusion. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least as regards the streaming of music, competition has not delivered. Part of the reason for this may be that the services required by the now competing CMOs have changed.

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Regulating Collective Management by Competition

Collective Management Organisations, Creativity and Cultural Diversity

Who owns the broadcasting archives?: Unravelling copyright ownership of broadcast content

Archives across the Netherlands are tasked to make their archives accessible online. However, pro... more Archives across the Netherlands are tasked to make their archives accessible online. However, progress has been slow, not least because it is difficult to determine who owns the rights to make works available online. Focusing on the Dutch public service radio and TV broadcasting sectors, this book adresses this challenge. First, it disentangles the nature of broadcasts by providing guidance on which aspects of a TV or radio broadcast can attract protection and who owns these. Secondly, it empirically establishes that the default ownership rules can only provide an incomplete picture of the rights ownership in the public service broadcasting sector: the ownership is more concentrated than copyright and neighbouring rights law suggests. Who owns the broadcasting archives? shows how different legal scenarios explain this rights concentration and establishes their likely practical influence on industry practice in the public service broadcasting sector across time.

Regulating Collective Management Organisations by Competition: An Incomplete Answer to the Licensing Problem?

JIPITEC 7 (2017) 3 - While the three functions of Collective Management Organisations - to licenc... more JIPITEC 7 (2017) 3 - While the three functions of Collective Management Organisations - to licence use, monitor use, and to collect and distribute the revenue - have traditionally been accepted as a progression towards a natural (national) monopoly, digital exploitation of music may no longer lead to such a fate. The European Commission has challenged the traditional structures through reforms that increase the degree of competition. This paper asks whether the reforms have had the desired effect and shows, through qualitative research, that at least regarding the streaming of music, competition has not delivered. Part of the reason for this may be that the services required by the now competing CMOs have changed.

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How Japanese copyright law can facilitate access to art for persons with a visual impairment

Eine Öffentliche Zentralbibliothek für Dresden

Bibliotheken in Sachsen // 145 stadtweites Veranstaltungskonzept, das Alternativstandorte für Unt... more Bibliotheken in Sachsen // 145 stadtweites Veranstaltungskonzept, das Alternativstandorte für Unterhaltungsangebote bietet, die nach dem Umbau nicht mehr im Kulturpalast stattfinden können. Der Umbau des Kulturpalastes und sein neues Nutzungskonzept resultiert aus dem Wunsch nach einer Aufwertung des Standortes. Der Kulturpalast wird als traditionelles Zentrum des Dresdner Kulturschaffens nicht nur erhalten, sondern deutlich erweitert. Der Umbau und die Sanierung des Kulturpalastes, verbunden mit dem neuen Nutzungskonzept, ermöglichen es der Stadtverwaltung, ihre Stadtentwicklungsziele mit überschaubaren Kosten umzusetzen. Der Umbau und die Sanierung werden beim vorliegendem Nutzungskonzept zum einen stark durch die geplanten ca. 29,2 Mio. Euro Fördermittel (von einer Gesamtinvestition in Höhe von 65 Mio. Euro) unterstützt und machen ihn somit günstiger als jede Alternative zur Lösung der anstehenden Probleme, vor allem da eine Sanierung aus Brandschutzgründen ohnehin unabweisbar ist. Gleichzeitig ermöglichen die neuen Nutzer (vor allem die Zentralbibliothek) die Betriebskosten durch eine bessere Tag-und Nachtauslastung des Gebäudes und eine deutlich höhere Besucheranzahl relativ zu senken.

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Simone Schroff

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