Brooks (2005)

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

Brooks (2005)
Title: Survey of Reissues of U.S. Recordings
Author(s): Brooks
Year: 2005
Citation: Brooks, T. (2005). Survey of reissues of US recordings. Council on Library and Information Resources.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Centre for Intellectual Property and Information Law (2006), Gowers (2006)
About the Data
Data Description: The study is based on a random sample of 1,500 recordings commercially released in the United States between 1890 and 1964.
Data Type: Primary data
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?: Yes
Time Period(s) of Collection:
  • 1890 to 1964
Funder(s):
  • Comissioned for and sponsored by the National Recording Preservation Board, Library of Congress

Abstract

The purpose of this study was to determine the legal accessibility of sound recordings published in the United States. The survey was designed to quantify the degree to which rights holders of historical sound recordings have made available, either directly or through licensees, past recordings that they control. It is premised on certain key assumptions:

  • the availability of past creative works is essential to learning and the growth of knowledge;
  • access to historical recordings has benefits both for the public—researchers, students, collectors, and enthusiasts—and for creators and copyright holders;
  • distribution of created works plays a crucial role in the preservation of those works, for one of the most reliable guarantees of preservation is the widespread dissemination of copies to interested individuals and archives.

Main Results of the Study

Evidence uncovered in this analysis suggests that a significant portion of historic recordings is not easily accessible to scholars, students, and the general public for noncommercial purposes.

There are many reasons for this, but the primary one appears to be a convergence of two factors…

The first is that the physical barriers created by recording technologies change often and have rendered most such recordings accessible only through obsolescent technologies usually found only in special institutions…

Second, copyright law allows only rights holders to make these recordings accessible in current technologies, yet the rights holders appear to have few real-world commercial incentives to reissue many of their most significant recordings. The law has severely reduced the possibility of such recordings entering into the public domain, at least until 2067.

This study indicates that there is an active and hardy network of foreign and small domestic companies, associations, and individuals willing to make historic recordings available; indeed, some do this in spite of laws that force them underground or overseas.

These circumstances create a complex policy environment. The time for sorting out these matters grows short as the recording formats become more difficult to maintain.

Policy Implications as Stated By Author

Term extension for sound recordings

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)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
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)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 1500
Level of aggregation: Sound recordings
Period of material under study: 1890 and 1964