Report on the Conference “The Reference as Part of the Art Form: A Turning Point in Copyright Law?”

The conference “The Reference as Part of the Art Form: A Turning Point in Copyright Law?”, organized by Subproject B07 “Media Practices and Copyright Law – Social and Legal Frameworks for Cooperative and Derivative Creation on the Internet” of the Collaborative Research Center 1187 “Media of Cooperation” in collaboration with the Institute for Media and Communications Law (IMKR), brought together scholars from the fields of law and media studies from across Europe at the University of Siegen. To highlight the discrepancies between current cultural practices and their legal treatment, the symposium was structured around two main sections: on the one hand, contributions from music, cultural, and media studies, and on the other, legal perspectives. The speakers highlighted that derivative creative practices represent an important form of contemporary communication, using examples from various areas of pop culture, such as mash-ups, video essays, and fan fiction.

From a legal perspective, the symposium examined the legitimacy of copyright law, the issue of artistic freedom, and the search for “best practices.” The aesthetic autonomy of derivative works, a lack of transparency, and, above all, the legal uncertainty faced by all groups of stakeholders served as a key link between the disciplines. The question of what a modern copyright law – one that is in harmony with today’s understanding of artistic creation – should entail was subsequently discussed during a panel discussion with the panelists, including Prof. Rösler and Advisory Board member Prof. Dr. Klass from the Institute for Media and Communications Law. The event was moderated by Prof. Dr. Hoffmann, Prof. Dr. Klass, and Dr. Reißmann.