Dr Eleonora Rosati

Project

The proliferation of mobile devices which allow users to access the internet poses challenges and opens up new opportunities for a wide range of cultural heritage institutions. Visitors to museums and galleries, and readers in libraries and archives increasingly expect to interact with the contents of these institutions through their mobile phones and tablets, both in situ and at a distance. Mobile access to the internet makes it easier to reunite objects separated in space and time – to explore digital images from museum collections in New York while visiting an art gallery in Cambridge, to retrieve documents from archives in Germany while studying manuscripts in London, to watch film histories of public artworks at the same time as viewing them in real life.

The combination of these new devices with widely-diffused social media tools can encourage users to act as producers of online content, rather than simply consumers. For cultural heritage institutions seeking new ways to engage with and build their audiences, the potential for interactivity offers exciting possibilities. However, it also has the potential to disrupt conventional relationships between visitors and curators, readers and librarians, lay audiences and experts: in other words, between consumers and producers of knowledge.

Mobilecollections brings together a team of researchers and practitioners from research centres, museums and libraries across Cambridge to explore these themes through a series of knowledge exchange activities during 2013.

The project will

  • Research the complex legal issues associated with mobility and digital cultural collections, including those concerning protection of intellectual property, in particular copyright. These shall be addressed in the context of both constant technological evolution and what is currently a rapidly changing legal scenario. This is particularly the case as regards copyright and the regulation of, amongst others: orphan works; licensing (including extended collective licensing); nature and scope of exclusive rights, ie right of communication to the public, and right of reproduction (including linking); exceptions and limitations to copyright, with new exceptions being introduced into UK law shortly and Directive 2001/29/EC (so called “InfoSoc” Directive) being currently revised at the EU level; user-generated content (UGC); private international law issues arising from infringements carried out in online environments.
  • Map current developments in mobile access to aggregated data across different institutions in the cultural heritage sector through a series of case studies. Some of these will explore the develop of mobile/tablet apps such as those which link objects in different museums and countries; link objects with published research and unpublished archives, and/or enrich audiences’ engagement with objects by connecting them with performances, experiences and perspectives by artists, researchers and curators. Others will examine cases where institutions have opted for web-based mobile access to online collections.
  • Stimulate debate, challenge assumptions, and encourage new collaborations between researchers and practitioners across the cultural heritage sector by organising a series of workshops and seminars to explore how mobile access to digital collections is changing relationships between Performers/producers/curators and Audiences/users/visitors. Cutting across disciplinary and professional boundaries, we will attempt to refine sets of questions which others can use to examine and challenge their own assumptions about what they are aiming to achieve through the development of mobile access to digital collections in the cultural heritage sector.

This project is funded by the Arts and Humanities Research Council (AHRC) with Creative Economy Knowledge Exchange funding.

About

Currently a Research Associate at the University of Cambridge, Eleonora Rosati is an Italian-qualified lawyer with a few years’ experience in the field of IP having worked, among other things, in the IP departments of Bird&Bird LLP in Milan and London. A law graduate from the University of Florence, Eleonora holds an LLM from the University of Cambridge and a PhD in EU copyright law from the European University Institute, Florence. 

Eleonora has written extensively in the field of copyright, and a revised and extended version of her PhD dissertation was recently published by Edward Elgar with the title Originality in EU Copyright. Full Harmonization through Case Law.

A Deputy Editor of the Journal of Intellectual Property Law & Practice, Eleonora is also a regular contributor to highly-reputed The 1709 Blog and IPKat weblogs.

Publications

Existing Publications

Books

  • E Rosati, Originality in EU Copyright. Full Harmonization Through Case Law (Edward Elgar Publishing:2013) ISBN 978 1 78254 893 5

Peer-Reviewed Journal Articles, Chapters and Working Papers

  • E Rosati, The Orphan Works Provisions of the ERR Act: Are They Compatible with UK and EU Laws? (2013) 35(12) EIPR 724-740
  • E Rosati, The German ‘Google Tax’ Law: Groovy or Greedy? (Editorial) (2013) 8(7) JIPLP 497
  • E Rosati, Software Usato ed Esaurimento: Un Approccio poco Soft in UsedSoft (Used Software and Exhaustion: A Non-Soft Approach in UsedSoft) (2013) 84(1) Il Diritto di Autore 1-16
  • E Rosati, The Orphan Works Directive, or Throwing a Stone and Hiding the Hand (2013) 8(4) JIPLP 303-310
  • E Rosati, Towards an EU-Wide Copyright? (Judicial) Pride and (Legislative) Prejudice (2013) 1 IPQ 47-68
  • E Rosati – CM Rosati, Copyright in Diagnostic Tests: Not Yet the End for Fair Use (2012) 7(7) JIPLP 510-514
  • E Rosati – G Sartor, Social Networks e Responsabilità del Provider  (Social Networks and Providers’ Liability Regime) (2012) EUI Working Papers – LAW 2012/05
  • E Rosati, Originality in a Work, or a Work of Originality: The Effects of the Infopaq Decision (2011) 58(4) JCoprSocy 795-817, and 33(12) EIPR 746-755
  • E Rosati, The Hargreaves Report and Copyright Licensing: Can National Initiatives Work Per Se? (2011) 33(11) EIPR 673-676
  • E Rosati, Searching Responsibilities for Service Providers: Italian Courts and AGCOM Find (Too) Many Results (2011) 22(6) ELR 169-174
  • E Rosati, Trade Marks with a Reputation: A Flow-Chart Analysis of the Legal Scenario as Resulting from the Decisions in Intel and L'Oréal (2011) 6(3) JIPLP 155-160
  • E Rosati, The Wittem Group and the Project of a European Copyright Code (2010) 5(12) JIPLP 862-868
  • E Rosati, Originality in US and UK Copyright Experiences as a Springboard for an EU-Wide Reform Debate (2010) 5 IIC 524-543
  • E Rosati, La Nuova Disciplina delle Tecniche di Difesa nelle OPA Ostili (The New Legal Framework on Defensive Measures in Takeover Bids) (2009) 28(5) Le Società 567-574

Case Comments

  • E Rosati, US Supreme Court Holds First Sale Doctrine Applicable to Works Lawfully Made Abroad (2013) 8(8) JIPLP 590-591 (Kirtsaeng v John Wiley & Sons, Inc, 568 US __ (2013))
  • E Rosati, Amazon’s Use of Term “Appstore” is not Deceptive (2013) 8(7) JIPLP 511-512 (Apple Inc v Amazon.com Inc, No C 11-1327 PJH (N D Cal, Jan 2, 2013))
  • E Rosati, First Circuit Applies Idea/Expression Dichotomy and Originality to News Photographs (2013) 8(5) JIPLP 356-357 (Donald A Harney v Sony Pictures Television, Inc, and A&E Television Networks, LLC, No 11-1760 (1st Cir, Jan 7, 2013))
  • E Rosati, Exhaustion also Applies to First Sale of Downloaded Software (2012) 7(11) JIPLP 786-788 (Case C-128/11 UsedSoft GmbH v Oracle International Corp, 3 July 2012)
  • E Rosati, US District Court Explains Idea/Expression Dichotomy in Videogames (2012) 7(10) JIPLP 713-714 (Tetris Holding, LLC and The Tetris Company, LLC v Xio Interactive, LLC, USDC D New Jersey, 30 May 2012)
  • E Rosati, ECJ Interprets InfoSoc Exception for Ephemeral Recordings (2012) 7(8) JIPLP 557-559 (Case C-510/10 DR and TV2 Danmark v NCB, 26 April 2012)
  • E Rosati, On Netlog, ACTA and the Scope of IPR Injunctions in the EU (2012) 2(3) QMJIP 297-304 (Case C-360/10 SABAM v Netlog, 16 February 2012)
  • E Rosati, US Supreme Court Says Public Domain Works May Return to Copyright (2012) 7(4) JIPLP 238-239 (Golan v Holder, 565 US __ (2012))
  • E Rosati, Yahoo! Liable for Contributory Infringement by Display of Links to Infringing Websites (2011) 6(8) JIPLP 521-523 (Tribunale di Roma, PFA Films Srl v Google Italy, Microsoft Srl and Yahoo! Italia Srl, ordinanza 20 March 2011)
  • E Rosati, Relighting a Lamp: The CJEU on Revived Protection for Expired Design Rights (2011) 384 ITMA Review 14-16 (Case C-168/09 Flos v Semeraro Casa e Famiglia, 27 January 2011

Work Accepted or in Press

Peer-Reviewed Journal Articles, Chapters and Working Papers

  • E Rosati, The Idea/Expression Dichotomy: Friend or Foe? in R Watt (ed), Research Handbook on the Economics of Copyright (forthcoming) Edward Elgar Publishing

Case Comments

  • E Rosati, Google Books Library Project is fair use (forthcoming) JIPLP (The Authors Guild, Inc v Google Inc, USDC SDNY 05 Civ 8136 (DC), 14 November 2013)
  • E Rosati, CJEU interprets Brussels I Regulation for Online Copyright Infringement Cases and Rejects ‘Intention to Target’ Approach (forthcoming) JIPLP (Case C-170/12 Peter Pinckney v KDG Mediatech AG, 3 October 2013)
Position:

Research Associate Mobile Collections

Period:

January 2013 - December 2013

Email:

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