Gi-Kuen Jacob Li (2018)

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Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Gi-Kuen Jacob Li (2018)
Title: How copyright shaped the music industry: a comparative and empirical assessment on copyright enforcement in the PRC and the ROC
Author(s): Gi-Kuen Jabob Li
Year: (2017)
Citation: Gi-Kuen Jacob Li (2017) How copyright shaped the music industry: a comparative and empirical assessment on copyright enforcement in the PRC and the ROC, Voice and Speech Review, 11:2, 196-215, DOI: 10.1080/23268263.2017.1383485
Link(s): Definitive
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
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Abstract

Since 2000, the revenue of the music industry has plummeted worldwide. Meanwhile, the advancement of technology has created many changes that has transformed the copyright law system, raising doubts about the effectiveness and necessity of copyright law system. This article conducts comparative and qualitative research on the music industry of mainland China and Taiwan, to study the effect of copyright law enforcement to the music industry. In mainland China, the laws, enforcement campaigns, and judicial decisions did not create significant impact on average citizens nor the creative industries. On the contrary, through copyright law legislation and amendments, enforcement, judicial decisions, unspoken rules, and business practices, the notion to respect copyright have been embedded in most people’s minds in Taiwan. It was believed that copyright, manifests in its various of forms, is the keystone to the environment that attracted talent all over the Greater China region to Taiwan.

Main Results of the Study

Policy Implications as Stated By Author

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets