Researcher

My Expertise

Intellectual Property, Copyright, Media & Communications, Technology and Innovation, Globalisation and domestic law reform, Indigenous Rights Law, Cultural policy

Fields of Research (FoR)

Intellectual property law, Law and humanities, Law and society and socio-legal research, History of empires, imperialism and colonialism, Aboriginal and Torres Strait Islander peoples and the law

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Biography

Dr Kathy Bowrey FASSA is a Professor in the Faculty of Law and Justice, UNSW, Sydney. She researches and teaches in intellectual property, drawing out the political, cultural and social contexts of legal power that impact the vibrancy of the culture industries and higher education. Her work is informed by an understanding of media and technology history. 

Her current research project ARC DP260100770 (2026-2029),  'Artists and Generative AI:...view more

Dr Kathy Bowrey FASSA is a Professor in the Faculty of Law and Justice, UNSW, Sydney. She researches and teaches in intellectual property, drawing out the political, cultural and social contexts of legal power that impact the vibrancy of the culture industries and higher education. Her work is informed by an understanding of media and technology history. 

Her current research project ARC DP260100770 (2026-2029),  'Artists and Generative AI: Copyright and the Private Regulation of Creativity' (Prof Kathy Bowrey, UNSW; Assoc Prof Oliver Bown, UNSW; Dr Marie Hadley, UoN; Dr Louise Buckingham, CEO, Arts Law Centre of Australia) explores the significant power imbalance between artists and tech giants in the age of Generative AI that undermines the value of copyright to creators. We will investigate the connection between licensing terms attached to the digital tools, apps, and platforms used by visual artists and intensification of economic and cultural disruption in the arts. Project innovation flows from mapping artist's views about their incorporation into AI-data markets to tech and platform licensing terms that facilitate extraction of value from creative labour. We hope recommendations will help promote more equitable industry-artist partnerships to facilitate growth of a vibrant digital arts sector through improving education and legal advice to artists.

She was lead CI on ARC DP200110578 (2020-2024),  'Producing, Managing and Owning Knowledge in the 21st Century University’ (Prof Kathy Bowrey, UNSW; Em Prof Tom Cochrane (QUT); Dr Marie Hadley (UoN ); Em Prof Jill McKeough (UTS); Dr Kylie Pappalardo (QUT); Professor Irene Watson ( UniSA); Prof Kimberlee Weatherall (Sydney). This project mapped the Australian research policy terrain, with an eye toward harmonization and coherence to better advance public goals by improving open research and with a view to enhancing Australian research impact and engagement. Further information can be found here. The project led to an Academy of Social Sciences Roundtable, 'An Australian Roadmap for Open Research', held in Canberra June 2024 which resulted in the establishment of the National Open Science Taskforce (NOST). Established in 2024 - with membership drawn from Australian research academies, research funders and expert bodies engaged in the production, management and use of publicly funded research - NOST provides expert and informed advice on issues of Open Science.

Professor Bowrey is a foundation member of the International Society for the History and Theory of Intellectual Property established in 2008 and served as Co-Director in 2019-2023. This organisation sprang from international interest across law, humanities and the sciences to foster intellectual property research and better communication across national and disciplinary boundaries. She was a Visiting Scholar at the State Library of New South Wales (2021-22) and was a Research Fellow at the Museum of Applied Arts and Sciences (2021), Australia. She was a member of the Australian Research Council College of Experts (2018-2021).

 


My Grants

2019 - 2022 Prof Kathy Bowrey; Prof Kimberlee Weatherall; Dr Kylie Pappalardo; Prof Irene Watson; Prof Jill McKeough; Em/Prof Thomas Cochrane, Australian Research Council Discovery Project Grant DP200101578 Producing, managing and owning knowledge in the 21st century university

2014 - 2016    Prof Kathy Bowrey, Dr Catherine Bond, Australian Research Council Discovery Project Grant DP140100172, Australian Made: A History of Australian Copyright Law and Creator Success 1868-1968

2009 - 2011 Prof Kathy Bowrey, Mr Michael Handler, Australian Research Council Discovery Project Grant DP 0985948, Entertainment Rights in the Age of the Franchise: A reappraisal of personality rights under Australian Intellectual Property Laws

2011 Social Sciences and Humanities Research Council, Canada- Partnership Development  Grant. Partners: IP Osgoode, Canadian IP Office, Copyright Board of Canada, Canadian Heritage, IBM Inc, Ontario Centre for Excellence, Codex- Stanford Centre for Legal Informatics, UNSW Faculty of Law, Drake University Law School, Law, Business, Entrepreneurship program University of Washington Law School of Law. Triggering Innovation: Transnational Partnership for the Mobilization of Intellectual Property Policy and Practices.  

2011 Scientific Participant, Exploratory Workshop, International Trade in Indigenous Cultural Heritage, International Communications and Art Law, University of Lucerne, 2011.

 2006 - 2008 Core Participant, Arts and Humanities Council Research Network: New Directions on Copyright, Birkbeck College, University of London, 2006-2008.  

2005 - 2007 Prof GW Greenleaf; Prof MD Pendleton; Dr K Bowrey; Dr M Rimmer; Mr BC Mercurio; Prof BF Fitzgerald; Prof JP McKeough; Prof P Griffith; Mr P Chung; Prof J Dalziel;  Mr I Oi; Mr PM Crisp, Australian Research Council Linkage Project (2005-2007) Unlocking IP - Expanding public rights and the public domain in Australian copyright (LP0562485). 

 


My Qualifications

Doctor of Juridical Studies (SJD), University of Sydney 1994. Dissertation Title: Don't Fence Me In. The Many Histories of Copyright.

BA LLB Macquarie University 1988; Admitted as a Solicitor, Supreme Court of NSW, 1989.


My Awards

 

Copyright, Creativity, Big Media & Cultural Value (Routledge, 2021)
Winner 2022 ANZLHS Book Prize; Honourable Mention, Penny Pether Book Prize, Law, Literature & Humanities Association of Australasia 2021.

Research Fellow, Museum of Applied Arts and Sciences, Australia, 2021. 

Visiting Scholar, State Library of NSW, 2021. 

Herchel Smith Visitor, Centre for Intellectual Property and Information Law/Faculty of Law, University of Cambridge, 2016. 

Research Visitor, Faculty of Law, Kent University, 2015.


My Research Activities

Professor Bowrey is the author of two recent monographs.

Copyright, Creativity, Big Media and Cultural Value. Incorporating the Author (Routledge, 2021) address big questions about how copyright generated income and how distributions of profits were allocated in the publishing, film and music industries across the 20th century. Authors and artists discussed include Hugh Conway, Fergus Hume, Arthur Conan Doyle, Hall Caine, Dame Nellie Melba, Margaret Atwood, Radiohead and Banksy. The commentary includes discussion of the creation of new formats, the interplay between old media and new technologies, the rise of Hollywood and the implications for playwrights, international copyright reform and cross-industry relations.

Adventures in Childhood. Intellectual Property, Imagination and The Business of Play, co-authored with Dr Jose Bellido,  (Cambridge University Press, 2023), traces the commercial empires that have grown up around Alice in Wonderland, Peter Rabbit, Meccano, Felix the Cat, Mickey Mouse, Peter Pan, Eagle Magazine, Davy Crockett, Mr Men, Dr Who, The Magic Roundabout and the Wombles, amongst many others. We consider law as a creative force, an enabler of business, showing how playful conduct came to be overlaid with reference to authorised and unauthorised activity and rights were imagined and reimagined to create the most distinctive features of intellectual property: merchandising and licensing.

Other recent research projects include: 

  • David Unaipon and the culture of invention. How did Unaipon exercise his intellectual property rights at a time when there were so few local role models for intellectual property commercialization? How were his efforts impacted by his status as an Aboriginal Australian given the restrictions in civil and political rights in this period? This project is supported by an appointment as a Visiting Scholar (2021) State Library of NSW and Research Fellow at the Museum of Applied Arts and Sciences, Australia.
  • Festschrift in Honour of Professor Jill McKeough. Feminist Perspectives on Law, Law Schools and Law Reform: Intellectual Property & Beyond  (Federation Press, 2021).
  • Producing, managing and owning knowledge in the 21st century university (2019-2022). (ARC DP200101578): Lead CI Bowrey; Prof Kimberlee Weatherall; Dr Kylie Pappalardo; Prof Irene Watson; Prof Jill McKeough; Em/Prof Thomas Cochrane. The use, creation and dissemination of the products of research is a core function of Australian universities, and critical if research is to have impact in the real world. It is regulated by intellectual property laws, sector-wide grant conditions, licensing agreements with libraries and university policies on intellectual property ownership, authorship, open access and engagement. International law and practice creates another layer of regulation. Navigating this terrain is the responsibility of every academic and manager, but it is a complex, incoherent framework. Mapping it with an eye toward harmonization and coherence will better advance public goals, in particular improve access to research for impact and engagement.

 


My Research Supervision


Areas of supervision

Intellectual property, cultural history, open research


Currently supervising

 

Jeremy Thorpe, An Empirical View of Copyright Litigation in Australia

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Location


The Law Building
University of New South Wales
UNSW Kensington Campus
Sydney NSW 2052
Australia
(Access via Gate 2 off High Street)

Contact

+61 2 9385 9625
+61 2 9385 1175