Re:Create Recap- November 15, 2018

Re:Create Members Promote Importance Of New Creative Economy In IPEC Filings. As the U.S. Intellectual Property Enforcement Coordinator (IPEC) formulates its Joint Strategic Plan for 2019-2021, the Re:Create Coalition and a number of its members filed comments about the importance of balancing the interests of rights holders with innovation and the creative economy. See here for filing highlights.

RSVP: CTA Hosts Panel On EU Copyright Directive. The Consumer Technology Association (CTA) will host a panel on Tuesday, November 27 to discuss the controversial Copyright Directive that recently passed in the EU. Representatives from CTA, R Street Institute, Engine, Patreon and Google will be speaking on the Directive’s “lasting impacts on freedom of expression and creativity online.” RSVP to attend here.

Doin’ It For The ‘Gram. With more than 1 billion Instagram users worldwide, Axios reported on the rise of an entire secondary market around creating Instagram visual content. Even Instagram stories are now a source of revenue with the development of apps like Unfold, which is on target to bring $2.6 million in revenue this year. Additionally, pop-ups like New York’s Rosé Mansion or the Museum of Ice Cream charge an entry fee for “well-lit, aesthetically-pleasing rooms with props – a perfect recipe for candid photos on social media.” One survey found that 68% of people are more interested in brands featured in Instagram stories.

YouTube CEO Warns EU Copyright Directive Is Unrealistic. In an op-ed in the Financial Times, YouTube CEO Susan Wojcicki warned of the EU’s copyright directive’s unintended results: “The consequences of article 13 go beyond financial losses. EU residents are at risk of being cut off from videos that, in just the past month, they viewed more than 90bn times.” Wojcicki also cautioned, “The parliament’s approach is unrealistic in many cases because copyright owners often disagree over who owns what rights. If the owners cannot agree, it is impossible to expect the open platforms that host this content to make the correct rights decisions.” She closed with an offer to work with policymakers and the industry to craft a solution “that protects rights holders while also allowing the creative economy to thrive.”

Court Rules Cheese Is An Idea That Should Be Spread. On Tuesday, the Court of Justice of the European Union ruled that Dutch company Levola could not claim exclusive rights to its spreadable cheese finding that taste is “an idea” and not an “expression of an original intellectual creation.” The Washington Post reported that Levola found that “something didn’t smell right” when its rival company Smilde created a similar spread with many of the same ingredients and a similar name. Levola accused Smilde of copying its product. European intellectual property lawyer Joshua Marshall agreed with the ruling stating, “Copyright isn’t supposed to be used to stop the spread and use of ideas…The taste of a leek-and-garlic cheese is really an idea.”