Waelde and MacQueen (2004)

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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

Waelde and MacQueen (2004)
Title: From entertainment to education: the scope of copyright?
Author(s): Waelde C. and MacQueen H.
Year: 2004
Citation: Waelde C. and MacQueen H., From entertainment to education: the scope of copyright? (2004) Intellectual Property Quarterly
Link(s): Definitive , Open Access
Key Related Studies:
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About the Data
Data Description: This study contains no data.
Data Type:
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
Funder(s):
  • Intellectual Property Institute

Abstract

The paper considers the scope of copyright in the light of the so-called “digital (or Internet) revolution” of the last twenty years, and raises some issues about the present and future shape of the law which seem to require further investigation and reflection.

Main Results of the Study

Empirical research is essential to find out what is happening in the research, education, library and archival sectors in Europe with the implementation of the Infosoc Directive with particular focus on (1) the implementation of the optional copyright exceptions and limitations in the Member States of the EU, and the perceived impact of the choices made upon the education and research sectors; (2) the use and impact of digital and other technologically based protective devices with regard to the education and research sectors, including the contractual provisions deployed alongside the use of such devices; (3) the interaction between copyright exceptions and limitations, protective devices and associated contracts, and government regulation of the area. Only through such grounded empirical research will we be able to go beyond the rhetoric that has characterised so much of the discussion of legal development in this area, and begin to understand the true impact of the digital revolution on the research and education sectors and their attendant regulatory framework.

Policy Implications as Stated By Author

In order to be able to assess the impact of the introduction of the Info Soc Directive (2001) to Member States, empirical research is needed. Specifically there should be research done in order to analyse whether the treatment of copyright works is appropriate to all copyright works, and not just works in the arts and entertainment industries. In particular it is necessary to discover whether educational publishing and academic research are appropriately treated under the Info Soc Directive (2001).

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
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)
Green-tick.png
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
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)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Green-tick.png
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets