Danbury (2016)

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

Danbury (2016)
Title: Is an EU publishers’ right a good idea? Final report on the AHRC project: Evaluating potential legal responses to threats to the production of news in a digital era
Author(s): Danbury, R.
Year: 2016
Citation: Danbury, R. (2016). Is an EU publishers’ right a good idea? Final report on the AHRC project: Evaluating potential legal responses to threats to the production of news in a digital era, https://www.cipil.law.cam.ac.uk/sites/www.law.cam.ac.uk/files/images/www.cipil.law.cam.ac.uk/documents/copyright_and_news/danbury_publishers_right_report.pdf
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Centre for Intellectual Property and Information Law (2016)
About the Data
Data Description: The dataset includes:
  • 35 semi-structured interviews with stakeholders;
  • Proceedings of private meetings, semi-public workshops and conference.
  • 15 copyright cases from 8 countries/territories
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: No
Literature review?: No
Government or policy study?: Yes
Time Period(s) of Collection:
  • 2003-2016
Funder(s):
  • Arts and Humanities Research Council

Abstract

This is a discussion about commercial news production, and copyright-related laws in Europe. It is a response to the consultation opened by the European Commission in March 2016 about whether to create an EU-wide neighbouring right, in the copyright family of intellectual property rights, that will benefit publishers. It examines four arguments for a news publishers’ right. These are:

  • it will provide a necessary incentive to the commercial production of news, an activity that is valuable to a democratic society.
  • commercial news publishers are treated unequally by EU copyright law, and a publishers’ right will resolve this.
  • online re-distributors of published news are free riding on the effort of commercial news publishers, and a publishers’ right can be expected to restrain this.
  • commercial news publishers have a natural right to the news they publish, and such rights are being breached by online re-distributors of news: a publishers’ right can be expected to protect them.

Main Results of the Study

The main findings of this study are as follows:

  • On balance, the commercial news industry can be seen as contributing to a healthy democracy in a valuable way, and there is insufficient reason to expect it to be replaced by something as useful if it fails. If many commercial news operators go bankrupt or withdraw from expensive but democratically important activities, this is likely to significantly impair communication valuable to our democratic states. This leads to the conclusion that an intervention would be useful and beneficial.
  • If many commercial news operators go bankrupt or withdraw from expensive but democratically important activities, this is likely to significantly impair communication valuable to our democratic states. This leads to the conclusion that an intervention would be useful and beneficial.
  • Also significant are the concerns that a publishers’ right may harm or damage others. The risk of this should be weighed in the balance against any benefits a publishers’ right might be expected to deliver to society. At present, this is difficult because we have no text to consider.

Policy Implications as Stated By Author

The report makes the following conclusion:

"On balance, intervention to benefit the commercial news industry is merited, but a publishers’ right has not been demonstrated to be an appropriate way to intervene to do so".

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)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
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)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 15
Level of aggregation: Copyright cases
Period of material under study: 2003-2013


Sample size: 35
Level of aggregation: Individual
Period of material under study: 2015, 2016