Bently et al. (2017)

From Copyright EVIDENCE

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

Bently et al. (2017)
Title: Strengthening the Position of Press Publishers and Authors and Performers in the Copyright Directive
Author(s): Bently, L., Kretschmer, M., Dudenbostel, T., Moreno, M., Radauer, A.
Year: 2017
Citation: Bently, L., Kretschmer, M., Dudenbostel, T., Moreno, M. and Radauer, A. (2017) Strengthening the Position of Press Publishers and Authors and Performers in the Copyright Directive. Project Report. European Parliament, Brussels.
Link(s): Open Access
Key Related Studies:
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About the Data
Data Description: The study comprises two parts:
• In regards the press publishers right, data were collected from interviews with 9 editorial leads from the top 7 most visited online new services in Germany and Spain.
• In regards the new provisions on authors and performers contracts, the study conducts a comparative legal analysis of the national laws of seven Member States.
Data Type: Primary data
Secondary Data Sources:
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Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: No
Government or policy study?: Yes
Time Period(s) of Collection:
Funder(s):
  • European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs

Abstract

“This study was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI committee. It reviews Art 11 and Arts 14-16 of the proposed Directive on Copyright in the Digital Single Market. It outlines criticisms that have been made of the proposals, includes reports of research into the operation and effects of precursors of Article 11 in Germany and Spain, a summary of the cultural economics literature on legal regulation of authors’ contracts and analysis of the laws of 7 Member States to see in what way Arts 14-16 would “add value”.”

Main Results of the Study

In regards the new press publisher’s right:

• All interviewees agree that the press industry is undergoing dramatic changes. Sources of readers differ between quality press and smaller players; the former source readers directly through e.g. official apps, whereas the latter rely on traffic directed by third parties (such as e.g. Google).

• New revenues introduced by the right are likely to be insubstantial, and may not be able to adapt to a rapidly changing environment.

• The study also cautions that the new right may pose threats to the nature of news communication, innovation and new entries.

In regards the amendments proposed in draft articles 14-16 of the CDSM, the study concludes that they do ‘add some value’. However, of the Member States surveyed, many national laws are comparatively more ambitious in their attempts to strengthen the weak bargaining position of authors.

Policy Implications as Stated By Author

The study recommends that the press publishers’ right should be abandoned and replaced with a presumption that press publishers are entitled to copyright/use rights in the content of their publications. In regards the new modifications to authors and performers contracts, the study is largely welcoming, but cautions additional consideration of this at EU level, rather than causing potential disruption by amendment.

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)
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)
Green-tick.png
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)
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

Sample size:
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