The SCRIPT centre at the University of Edinburgh (of which I’m a member) is now posting on a regular basis on its new Twitter feed, @SCRIPTCentre. The feed is curated by current students and by research associate Andrew Black. The project is led by Judith Rauhofer.
Posts cover news, cases and other useful information in IP, IT and media law.
I’m happy to announce the online release of my article ‘Principles for a second century of film legislation‘, as online “early view” in advance of later publication in print. It’s in the journal Legal Studies (website). Open access versions will appear in due course.
Following a century of legislation about film and the film industry in the UK, and the latest in a series of reports on ‘film policy’, this paper investigates the relationship between law, policy and film. Case studies on the definition of ‘film’ in a time of technological and cultural change consider the privileged position of the cinema in terms of censorship and tax, including the new phenomenon of ‘alternative content’; that is, live relays of theatrical performances. Institutional change is assessed and criticised, particularly the abolition of the UK Film Council and the steady move from statute to executive action. The paper sets out a case for the role of the state to be set out in legislation and the cultural consequences of legal definitions to be taken more seriously.
Normally I would just put up the link and a blurb. But given how this article developed, and how the publication process is something I’m asked about by students and colleagues a lot, I thought it was a good opportunity to say something more about how these things go. I’ve tried to be careful not to do anything that compromises the peer review process here, and to be honest about my experience of it.
I presented a first version of the paper at the Society of Legal Scholars (annual conference) in September 2010. I had been working on it during the summer, bringing together my interests in film history and in media regulation. It was fun to write, although much of that version didn’t end up in the article. Also, no-one came to hear me present it, other than a colleague from UEA. Oops. But the ‘second century’ idea came at that stage, provoked by the Cinematograph Act 1909 having had its birthday the previous year.
The next stage was a different paper at the MECCSA annual conference in Manchester, in January 2011. This also wasn’t a smooth road as I broke my arm a few weeks before the conference and ended up giving the paper from a handwritten text (and also navigating my way around the conference rather awkwardly). It was one of that I attended and I met some fantastic people who have kept in touch – but there was only so much I could do.
So in summer 2011 – having caught up on the various things that had been shifted around on account of the injury – I was able to return to the two source papers, merge them, and come up with a draft journal article. This was where the core arguments started to take shape. And I decided that I was going to aim to submit it to Legal Studies. This meant two things: writing for a ‘generalist’ audience, and adapting to the journal’s style guide. (The first was more difficult).
At this point I started to have people read it in full (at the end of the summer). Some of the comments were contradictory, but the crucial bit was having readers from different backgrounds – a terrific film historian who knows his way around technology (and who I went on to work with on other projects), a personal friend who is interested in both law and film and is a particularly good writer, and some colleagues in my then School – from different areas of law. And I rewrote the paper a few more times, start to finish, that autumn. And in November I took a section of it to a film studies workshop, where I talked about ‘alternative content’ or ‘livecasts’ alongside one of the giants of film studies, Martin Barker (this ended up as a key point in the article).
In November 2011, I submitted it to Legal Studies for the first time. The editors thought that the original arguments were stacked at the end of the paper and the earlier sections were quite textbook-like. A remark in the email telling me this (which was obviously a bit of a disappointment in some ways) turned out to be important in terms of restructuring. Anyway, I put this down for second semester (post-January) work.
Then in January 2012, the Government intervened by publishing the report of a new review of film policy. Oops. This, and the need to rethink the focus of the piece, meant a full rewrite, letting go of some whole sections in particular. This was painful as they had been sections that took a long time to assemble – but the new question was how each paragraph or section contributed to the overall arguments, which had crystallised as being about coherence. But as is often the way, I had already planned out what I was going to write and it took a while longer to get to something I was happy with. I framed it as a discussion of the relationship between law and policy using the film sector as an illustration. Most of this research and writing was done in April/May.
In August 2012, having finished working on it while also changing job and moving north of the border, I crossed my fingers and submitted the article to Legal Studies. On this occasion, the editors accepted it for review and sent it out to three (!) peer reviewers. Legal Studies operates a three-month review period and, as expected, I got the decision in December 2012…days before going on honeymoon. The reports were mixed. Two reviewers liked it, one giving minor comments and another giving positive comments which would mean a bit of new work. A third thought that the piece didn’t work as it was and that there was, in essence, too much going on (and various other criticisms). The editors decided to classify it as ‘revise and resubmit’.
So come January 2013, I picked it up again and tried to put some manners on it. I abandoned the law/policy point of entry and tried to find a way of justifying the focus on film in its own terms. I came up with a better way of thinking about ‘definitions’ and wrote a few new sections; as I was already at the limits of the word count, other things had to go. I wrote a whole new conclusion (I always struggle with conclusions) and I had another go at trying to explain the technological dimension (which was the most fun bit of the rewrite). At the start of March I crossed my fingers again and resubmitted. Back out it went to reviewers. Come June, the decision came, and this time it was positive, accepted without further changes required. A few rounds with a lovely copy-editor (who also explained the history of the distinction between first- and third-person writing in academic journals) and here we are.
My point in explaining all this is, in particular for those who have articles knocked back, is that it takes time. I certainly thought of abandoning it more than once. And the paper can end up as a different thing. And rewriting to address an audience is really tricky. And things happen, like broken arms and honeymoons. And the Legal Studies editors were very supportive – which made a big difference.
Anyway, between all of these steps it took me about three years to write (which is about as long as it took me to do my PhD, although obviously I have been doing other things in this period), so I hope you enjoy the result.
This is a good opportunity for postgraduate students. A bright, crisp winter’s day(*) in beautiful Edinburgh, and a chance to talk about your work with fellow students in a supportive setting. Two great keynote speakers, too. But the deadline is very soon, so please tear yourself away from the long summer (*) nights and send your abstract to the organisers. Here’s the full CFP, with the submission details highlighted.
* May not reflect actual weather.
Call for Papers: Edinburgh Postgraduate Law Conference 2013
Abstracts are invited for the Edinburgh Postgraduate Law Conference, to be held December 2-3, 2013 at the University of Edinburgh, UK. The conference aims to provide a forum for postgraduate students to present and receive feedback on their work and to network with other researchers working in their area.
The theme of the conference is “Law, Individual, Community”. We invite papers from all areas of law and related fields, including but not limited to commercial law, constitutional law, criminal law, critical approaches to law, human rights, intellectual property law, international law, legal theory, and medical law. Possible topics of investigation include:
§ Liberalism versus communitarianism,
§ Problematizing the subject of law (the collective subject, sub-state subjects in international law etc.),
§ Rights and responsibilities, including group rights and indigenous peoples’ rights,
§ Law and the excluded,
§ Community and the welfare state,
§ The role and position of shareholders against the corporation,
§ Corporate social responsibility and corporate governance,
§ The principle of self-determination and sub-state territorial autonomy,
§ The rise of global governance,
§ Community interests and the protection of the environment,
§ Biobanking and participation in medical research,
§ Intellectual property rights and access to medicines.
The keynote speakers for this year’s conference will be Martin Loughlin, Professor of Public Law at LSE, and John Harris, Sir David Alliance Professor of Bioethics at the University of Manchester.
The conference will include three training sessions, seeking to offer participants advice on managing their PhDs, on publishing as early career researchers and on finding their niche in the academic job market.
Prizes will be awarded for the best paper submitted and best presentation at the conference.
Abstracts of no more than 300 words and 3-5 keywords are to be submitted to EdLawPhDConference@gmail.com, together with a short biographical note (approx. 100 words) on the author. The deadline for submitting abstracts is August 15, 2013. Selected participants will be notified by early September.
More information on the conference can be found on our website.
Just a note to plug this year’s Policy Forum at the Society for Computers and Law. Prof. Chris Reed is the chair, and the title is “The Shock of the New or How we are losing (and gaining) control over data”. Further information here. The event encompasses a free lecture by Dr. Ian Brown (more information here). The event takes place in London on 12-13 September 2013.
I’m speaking on an a panel with a promising description:
Smartphones, tablets and glasses: taking the Internet with you
Portable, personal devices are rapidly becoming the default way to access, generate and process information. Because they travel with their user, their interactions with other devices (fixed and mobile) generates rich metadata which links to the user. Because they are in some sense “owned” by the user, they potentially upset the current legal settlement for rights in and control over information. “Bring your own device” is making significant inroads in large organisations.
- Chair: Judith Rauhofer, Lecturer in IT Law, University of Edinburgh
- Portable devices and the internet of things, George Roussos, Department of Computer Science, Birkbeck
- Human rights and the omnipresent network, Dr Daithí Mac Sithigh, Lecturer in Digital Media Law, University of Edinburgh.
- Pick a law, any law: property v IP v contract, Olivier Haas, Of Counsel, Herbert Smith Freehills
If you are still reading this blog through Google Reader (a couple of hundred of you, potentially), you’re probably aware that Google Reader is about to be withdrawn. There are a number of services that may be suitable replacements (I am using Feedly), but the purpose of this post is to say that you can also subscribe to this blog by email. Just fill in your email address in the box in the right column.