Martin Kretschmer
Biographic Data
| ID | 5578488 |
|---|---|
| NAME | Martin Kretschmer |
| GIVEN NAMES | Martin |
| FAMILY NAME | Kretschmer |
| SIGNATURE | KRETSCHMER M |
| AFFILIATIONS | University of Glasgow |
| ORCID | 0000-0002-4088-6569 |
| VERIFIED | Yes |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 2 |
| WORKS AS AUTHOR | 14 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Researching Regulatory Innovation
The role of openness in creative innovation
This study analyzes the performance of new creative products by firms that engage in inbound open innovation (IOI). Creative industries have been under-examined in the context of open innovation, which is counterintuitive given emerging practices of borrowing, remix and sharing introduced by digital technologies. A unique aspect of creative production is the importance of copyright as a form of Intellectual Property (IP) used by outward- and inwa…
Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law
The juridification of the European policy process is increasingly fragile, and little understood. This study develops a novel methodology to investigate the influence of Member States on the rulings of the Court of Justice of the European Union (CJEU). The focus is on the domain of copyright law which has seen a dramatic escalation of preliminary references to the Court, indicating a normative void. Examining 170 documents relating to 42 cases re…
Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice
The Court of Justice of the European Union has seen a dramatic and controversial increase in copyright cases during the last decade. This study investigates empirically two claims: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of Europe…
Copyright Contracts and Earnings of Visual Creators
Privilege and Property
What can and can’t be copied is a matter of law, but also of aesthetics, culture and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership – of privilege and property. Exploring developments in the regulation of printing in Europe and North America from the fifteenth century onwards, as well as the specific evolution of righ…
Johann Gottlieb Fichte, and the Trap of Inhalt (Content) and Form
In the digital environment, copyright law has become trapped in an assessment of what has been taken, rather than what has been done with copied materials and elements. This expands the scope of copyright into areas where it should not find infringement (such as sampling, mash-ups and other transformative uses) while encouraging activities that are problematic (such as hiding sources). This article argues that the trap was laid by the German idea…
Legal Form and Cultural Symbol
Writers in information and communication studies often assume the stability of objects under investigation: network nodes, databases, information. Legal writers in the intellectual property tradition often assume that cultural artefacts exist as objects prior to being governed by copyright law. Both assumptions are fallacious. This introduction conceptualizes the relationship of legal form and cultural symbol. Starting from an understanding of co…
Artists’ earnings and copyright
Digital technologies are often said (1) to enable a qualitatively new engagement with already existing cultural materials (for example through sampling and adaptation); and, (2) to offer a new disintermediated distribution channel to the creator. A review of secondary data on music artists’ earnings and eight in–depth interviews conducted in 2003–04 in Britain and Germany indicate that both ambitions have remained largely unfulfilled. The article…
Artists' earnings and copyright
Digital technologies are often said (1) to enable a qualitatively new engagement with already existing cultural materials (for example through sampling and adaptation); and, (2) to offer a new disintermediated distribution channel to the creator. A review of secondary data on music artists’ earnings and eight in–depth interviews conducted in 2003–04 in Britain and Germany indicate that both ambitions have remained largely unfulfilled. The article…
Trends in global copyright
Intellectual property in music
Proto-copyright institutional mechanisms first surfaced in the wake of the invention of the printing press. During the 500 years since, there has been a relentless drive towards expansion in the protection of ideas. The first statutory copyright, the Statute of Anne (enacted by the English Parliament in 1709) secured the ‘sole right and liberty of printing’ for 14 years upon publication of a manuscript. Today, the agreement on Trade Related Aspec…
Increasing Returns and Social Contagion in Cultural Industries
A formal definition of cultural industries is developed following four distinct features of cultural goods: (a) oversupply, (b) quality uncertainty, (c) network effects and (d) demand reversal. Drawing on economic and socio‐psychological notions of ‘network’, increasing returns and social contagion effects are distinguished. Increasing returns may govern the adoption of standards when choices are binary, social contagion explains the diffusion of…
The Changing Location of Intellectual Property Rights in Music
This article reports the results of a major study, conducted between 1996 and 1999, examining the impact of de-regulation and digital technologies on the global music industry. We analyse four negotiations in the process of bringing music to the world market: commodification, globalisation, delivery, and royalty management. We show that the location of intellectual property rights in this process depends on the mutual bargaining power of the part…
Contested Collective Administration of Intellectual Property Rights in Music
Individual intellectual property right holders in music cannot easily enforce their statutory claims to exclusive usage and remuneration. Since the middle of the 19th century, composers and publishers have responded by creating collective bodies, so-called collecting societies which monitor musical activity in a given territory, and collect and distribute fees accordingly. These societies, first established in Western Europe, operate on two princ…
Contested Collective Administration of Intellectual Property Rights in Music
Individual intellectual property right holders in music cannot easily enforce their statutory claims to exclusive usage and remuneration. Since the middle of the 19th century, composers and publishers have responded by creating collective bodies, so-called collecting societies which monitor musical activity in a given territory, and collect and distribute fees accordingly. These societies, first established in Western Europe, operate on two princ…
Increasing Returns and Social Contagion in Cultural Industries
A formal definition of cultural industries is developed following four distinct features of cultural goods: (a) oversupply, (b) quality uncertainty, (c) network effects and (d) demand reversal. Drawing on economic and socio‐psychological notions of ‘network’, increasing returns and social contagion effects are distinguished. Increasing returns may govern the adoption of standards when choices are binary, social contagion explains the diffusion of…
The Changing Location of Intellectual Property Rights in Music
This article reports the results of a major study, conducted between 1996 and 1999, examining the impact of de-regulation and digital technologies on the global music industry. We analyse four negotiations in the process of bringing music to the world market: commodification, globalisation, delivery, and royalty management. We show that the location of intellectual property rights in this process depends on the mutual bargaining power of the part…
Contested Collective Administration of Intellectual Property Rights in Music
Individual intellectual property right holders in music cannot easily enforce their statutory claims to exclusive usage and remuneration. Since the middle of the 19th century, composers and publishers have responded by creating collective bodies, so-called collecting societies which monitor musical activity in a given territory, and collect and distribute fees accordingly. These societies, first established in Western Europe, operate on two princ…
Intellectual property in music
Proto-copyright institutional mechanisms first surfaced in the wake of the invention of the printing press. During the 500 years since, there has been a relentless drive towards expansion in the protection of ideas. The first statutory copyright, the Statute of Anne (enacted by the English Parliament in 1709) secured the ‘sole right and liberty of printing’ for 14 years upon publication of a manuscript. Today, the agreement on Trade Related Aspec…
Artists’ earnings and copyright
Digital technologies are often said (1) to enable a qualitatively new engagement with already existing cultural materials (for example through sampling and adaptation); and, (2) to offer a new disintermediated distribution channel to the creator. A review of secondary data on music artists’ earnings and eight in–depth interviews conducted in 2003–04 in Britain and Germany indicate that both ambitions have remained largely unfulfilled. The article…
Artists' earnings and copyright
Digital technologies are often said (1) to enable a qualitatively new engagement with already existing cultural materials (for example through sampling and adaptation); and, (2) to offer a new disintermediated distribution channel to the creator. A review of secondary data on music artists’ earnings and eight in–depth interviews conducted in 2003–04 in Britain and Germany indicate that both ambitions have remained largely unfulfilled. The article…
Trends in global copyright
Johann Gottlieb Fichte, and the Trap of Inhalt (Content) and Form
In the digital environment, copyright law has become trapped in an assessment of what has been taken, rather than what has been done with copied materials and elements. This expands the scope of copyright into areas where it should not find infringement (such as sampling, mash-ups and other transformative uses) while encouraging activities that are problematic (such as hiding sources). This article argues that the trap was laid by the German idea…
Legal Form and Cultural Symbol
Writers in information and communication studies often assume the stability of objects under investigation: network nodes, databases, information. Legal writers in the intellectual property tradition often assume that cultural artefacts exist as objects prior to being governed by copyright law. Both assumptions are fallacious. This introduction conceptualizes the relationship of legal form and cultural symbol. Starting from an understanding of co…
Privilege and Property
What can and can’t be copied is a matter of law, but also of aesthetics, culture and economics. The act of copying, and the creation and transaction of rights relating to it, evokes fundamental notions of communication and censorship, of authorship and ownership – of privilege and property. Exploring developments in the regulation of printing in Europe and North America from the fifteenth century onwards, as well as the specific evolution of righ…
Copyright Contracts and Earnings of Visual Creators
Is there an EU Copyright Jurisprudence? An Empirical Analysis of the Workings of the European Court of Justice
The Court of Justice of the European Union has seen a dramatic and controversial increase in copyright cases during the last decade. This study investigates empirically two claims: (i) that the Court has failed to develop a coherent copyright jurisprudence (lacking domain expertise, copyright specific reasoning, and predictability); (ii) that the Court has pursued an activist, harmonising agenda (resorting to teleological interpretation of Europe…
Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law
The juridification of the European policy process is increasingly fragile, and little understood. This study develops a novel methodology to investigate the influence of Member States on the rulings of the Court of Justice of the European Union (CJEU). The focus is on the domain of copyright law which has seen a dramatic escalation of preliminary references to the Court, indicating a normative void. Examining 170 documents relating to 42 cases re…
The role of openness in creative innovation
This study analyzes the performance of new creative products by firms that engage in inbound open innovation (IOI). Creative industries have been under-examined in the context of open innovation, which is counterintuitive given emerging practices of borrowing, remix and sharing introduced by digital technologies. A unique aspect of creative production is the importance of copyright as a form of Intellectual Property (IP) used by outward- and inwa…
Researching Regulatory Innovation
Copyright and Intellectual Property (11 works) · Political science (11 works) · Law (10 works) · Sociology (9 works) · Intellectual property (8 works) · Business (7 works) · Law and economics (7 works) · Digital Rights Management and Security (5 works) · Economics (5 works) · Copyright law (4 works)