Luke McDonaghLuke McDonagh

Email: l.t.mcdonagh@lse.ac.uk
Room: New Academic Building 5.11
Tel. 020-7106-1159

Luke holds a PhD from Queen Mary, University of London (2011), an LLM from the London School of Economics (2006-7) and a BCL degree from NUI, Galway (2002-05). He has previously taught in the areas of Public Law, Administrative Law and EU Law at Queen Mary as well as Constitutional Law and Tort Law at NUI Galway.
 

Research interests

Intellectual Property Law, Public Law, Cultural Property and Heritage Law, Information Technology Law

   

External Activities

Luke is a regular contributor to the Kluwer Copyright Blog http://kluwercopyrightblog.com/2011/06/18/uk-examining-the-hargreaves-review-of-intellectual-property-by-luke-mcdonagh/

Luke has previously written opinion pieces for the online edition of Dissent http://dissentmagazine.org/online.php?id=431 and for The Guardian ‘Comment Is Free’ section http://www.guardian.co.uk/commentisfree/2009/jan/28/recession-politics

 

Teaching

Selected articles
and chapters in books		  

'Is Creative use of Musical Works without a licence acceptable under Copyright?' International Review of Intellectual Property and Competition Law (IIC) 3  [2012] [FORTHCOMING]

'Rearranging the Roles of the Performer and the Composer in the Music Industry – the Potential Significance of Fisher v Brooker,' Intellectual Property Quarterly 1 (2012), 64-76

With Jonathan Griffiths, “Fundamental Rights and European Intellectual Property Law - The Case of Art 17(2) of the EU Charter,” in Constructing European IP: Achievements and New Perspectives (Christoph Geiger ed.) (Edward Elgar, 2012) [FORTHCOMING]

The enhanced status of the rules and jurisprudence of fundamental rights law under the Lisbon arrangements is likely to have an impact in a number of different areas of EU intellectual property law. In this chapter, we on one particularly interesting aspect of the relationship between these two bodies of law. Art 17(2) of the EU Charter grants intellectual property fundamental status, providing that: ‘Intellectual property shall be protected.’ The intention and effect of this provision are uncertain. Nevertheless, it has already been referred to on a number of occasions within the EU’s intellectual property system. In this chapter, we seek to address some of the uncertainty concerning the aim and scope of Art 17(2) by exploring the interpretation of its historical antecedents. In so doing, we hope to dispel a number of misconceived claims that have been made about its supposed effects.

click here for paper [SSRN]

Case Comment - ‘Headlines and hyperlinks: UK copyright law post-Infopaq,’ Queen Mary Journal of Intellectual Property 1 (2) (2011), 184–187

'Linguistic Diversity in the UK and Ireland – Does the Meaning of Equality Get Lost in Translation?' in Equality, Inequalities and Diversity (Healy, Noon & Kirton eds.) (Palgrave MacMillan, 2010)

Law Home Page