IPA at LBF24: Charles Clark Memorial Lecture 2024

Charles Clark (1933- 2006) spent much of his career focusing his critical mind on the intersection of copyright and technology. This year's memorial lecture did just that with 'Perspective on AI and IP' featuring Dr Hayleigh Bosher (Brunel University London) and Eleonora Rosati (Stockholm University) in conversation with the Publishers Association's Catriona Stevenson.

The queue for the Memorial Lecture was a long one and not everyone made it in. The appetite for AI discussions at London Book Fair was high, with a number of sessions taking place on various stages across the three days. It was standing room only (for the second year in a row) for this particular AI discussion and Stevenson congratuled the attendees who had braved the queue on coming to the best one.

Jumping straight into the topic, Professor Rosati gave a whistlestop tour of worldwide evolutions around TDM exceptions and the uncertaintiesthat continue. Dr Bosher summarised the UK discussions around TDM exceptions and her perception of polarisation at a policy level between the tech sector and the creative industries.

The conversation drifted to the GettyImagesvs StabilityAIcasein the USand questions over user liability, facilitation of infringement, temporary copying, jurisdiction. Regarding jurisdiction,Dr Bosher suggested the key question is: Where does the damage occur?

Considering legislative solutions, Professor Rosati cautioned against the idea that new legislation would be needed with every new piece of technology. Existing principles need to be applied. Ambiguity can be part of good law making, with specific cases being left to the courts to resolve.

The speakers also considered transparency as part of the next steps, with questions from the audience over whether a defence around trade secrets could be used to avoid any transparency requirements.

The Charles ClarkMemorial Lecture is a cooperation between the IPA, FEP, the Publishers Association, the CLA and PLS. This year was the 15th lecture with the first taking place in 2008.

Previous Charles Clark Memorial Lectures :

2023 : Dr Andres Guadamuz, Reader in IP Law, University of Sussex

2022 : Professor Mark D. Cole, Media law specialist, University of Luxembourg

2021 : Judge Kathleen O'Malley (United States Court of Appeals for the Federal Circuit) and Dr Tom Chatfield (British author and tech philosopher), moderated by Florian Koempel (online)

2020 : -

2019 : Professor Daniel Gervais, Director of Vanderbilt IP Program, Vanderbilt Law School

2018 : Andrus Ansip, European Commissioner for Digital Single Market and Vice President of the European Commission

2017 : Judge Pierre Leval (United States Circuit Judge of the U.S. Court of Appeals for the Second Circuit) and Jon Baumgarten (former General Counsel of the United States Copyright Office)

2016 : Professor Michael Fraser, Professor of Law at the University of Technology Sydney

2015 : Professor Lionel Bently, Herchel Smith Professor of Intellectual Property Law at the University of Cambridge

2014: Shira Perlmutter, Chief Policy Officer & Director for International Affairs at the USPTO

2013: Richard Hooper, Chairman of the Copyright Hub Launch Group

2012: Maria Martin-Prat, Head of the Copyright Unit, Internal Market Directorate General, European Commission

2011: Dr Francis Gurry, Director General, World Intellectual Property Organisation

2010: -

2009: Mary-Beth Peters, US Register of Copyrights

2008: Jukka Liedes, Chairman of WIPO (World Intellectual Property Organisation) Standing Committee on Copyright and Related Rights