Kate Galilee | Stockholm University (original) (raw)
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Papers by Kate Galilee
Stockholm Intellectual Property Law Review, 2019
This paper argues that the optional exception to copyright law contained in Article 5(3)(h) of Di... more This paper argues that the optional exception to copyright law contained in Article 5(3)(h) of Directive 2001/29/EC should be extended to clearly include commercial uses of copyrighted works, and should be made mandatory across the European Union. Copyright law must be clearly justifiable, requiring a balance between the private interest of right holders and the wider public interest. It is argued that the significant role of architecture in society is such that there is great public interest in the public being able to freely use copyrighted architectural works for commercial and non- commercial purposes, and that copyright law must therefore be reformed to reflect this. It is argued further that the distinction between commercial and non-commercial uses is unworkable following the digital revolution, and that an unharmonised panorama exception is incompatible with the European Union’s Digital Single Market Strategy and creates uncertainty amongst European citizens.
In this essay it will be argued that the legalization of prostitution is the sole legal framework... more In this essay it will be argued that the legalization of prostitution is the sole legal framework capable of responding appropriately to the spectrum of experiences found within the sex industry. The experiences of prostituted women cannot be divided into free and forced as the law of England and Wales suggests. Instead, we will argue that these experiences exist on a continuum of exploitation with violently trafficked women at the one end and free and empowered sex workers at the other. It will be argued that, instead of treating each extreme as representative of significant proportions of the sex industry, the law relating to prostitution should actively engage with women's lived realities, whether that involves coercion, the exercise of agency, or both. After defining certain terms to be used throughout this paper, we begin by arguing that the law's division of prostituted women into victims and criminals produces a criminal justice system which purports to protect women from sexual exploitation while rejecting any experience of exploitation that does not accord with a narrow trafficking narrative. We will then argue that this free-forced dichotomy fails to respect those instances where women do exercise agency and experience prostitution as a satisfying means of living independently. Leading on from this, we will argue that this diverse range of experiences cannot be divided into simplistic categories of victimhood and criminality. Instead, we will argue that these experiences are more appropriately positioned along a continuum from maximum to minimum exploitation. This will lead us to the final section of this essay in which we will defend the legislation of prostitution. We argue that only by legalising prostitution can the whole spectrum of experience within the sex industry be addressed, whether these experiences are coercive or non-coercive.
Stockholm Intellectual Property Law Review, 2019
This paper argues that the optional exception to copyright law contained in Article 5(3)(h) of Di... more This paper argues that the optional exception to copyright law contained in Article 5(3)(h) of Directive 2001/29/EC should be extended to clearly include commercial uses of copyrighted works, and should be made mandatory across the European Union. Copyright law must be clearly justifiable, requiring a balance between the private interest of right holders and the wider public interest. It is argued that the significant role of architecture in society is such that there is great public interest in the public being able to freely use copyrighted architectural works for commercial and non- commercial purposes, and that copyright law must therefore be reformed to reflect this. It is argued further that the distinction between commercial and non-commercial uses is unworkable following the digital revolution, and that an unharmonised panorama exception is incompatible with the European Union’s Digital Single Market Strategy and creates uncertainty amongst European citizens.
In this essay it will be argued that the legalization of prostitution is the sole legal framework... more In this essay it will be argued that the legalization of prostitution is the sole legal framework capable of responding appropriately to the spectrum of experiences found within the sex industry. The experiences of prostituted women cannot be divided into free and forced as the law of England and Wales suggests. Instead, we will argue that these experiences exist on a continuum of exploitation with violently trafficked women at the one end and free and empowered sex workers at the other. It will be argued that, instead of treating each extreme as representative of significant proportions of the sex industry, the law relating to prostitution should actively engage with women's lived realities, whether that involves coercion, the exercise of agency, or both. After defining certain terms to be used throughout this paper, we begin by arguing that the law's division of prostituted women into victims and criminals produces a criminal justice system which purports to protect women from sexual exploitation while rejecting any experience of exploitation that does not accord with a narrow trafficking narrative. We will then argue that this free-forced dichotomy fails to respect those instances where women do exercise agency and experience prostitution as a satisfying means of living independently. Leading on from this, we will argue that this diverse range of experiences cannot be divided into simplistic categories of victimhood and criminality. Instead, we will argue that these experiences are more appropriately positioned along a continuum from maximum to minimum exploitation. This will lead us to the final section of this essay in which we will defend the legislation of prostitution. We argue that only by legalising prostitution can the whole spectrum of experience within the sex industry be addressed, whether these experiences are coercive or non-coercive.