Dholakiya et al. (2014)

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

Dholakiya et al. (2014)
Title: A Micro-Level Examination of Content Takedown’s Consequences
Author(s): Dholakiya, K., Mustapha, N., Niu, B., Yang, A.
Year: 2014
Citation: Dholakiya, K., Mustapha, N., Niu, B. And Yang, A. (2014) A Micro-Level Examination of Content Takedown’s Consequences. CSCW 14 February 15-19, Baltimore, Maryland, USA.
Link(s): Open Access
Key Related Studies:
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About the Data
Data Description: This qualitative study consisted of interviews with 6 video-content creators that had experienced a takedown of their content from an online platform.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
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Abstract

“This research involved conducting interviews of varying length, with individuals, specifically video content-creators who had inconvenient and upsetting content takedown experiences across Internet platforms like YouTube, Facebook, Twitter, YouKu, and Douyin. The results were used to analyze the relationship between the users’ experience and understanding based on the interviews, and the true extent of policy, ownership, and recourse available to them officially. We found that there is a notable knowledge gap between what the users understand and believe and what is actually true of the platforms’ policy and recourse. A sense of intimidation and defeat among users was also found as a result of this gap. Such knowledge gaps and feelings also seemed to vary across platforms, potentially due to different policies.”

Main Results of the Study

The study has three main findings:• First, there is a consistent “knowledge gap” between the user’s expectations and understanding of a platform’s policy, and the actual policy. Often, layperson understandings of copyright law do not always align with legal definitions.• Second, there is a sense of either intimidation of the user by the platform and/or a defeatist perspective from the user. This may be exacerbated by the large size of the platform and use of legalese. Conversely, some users exhibit empathy towards platforms where they perceive the takedown to be a natural, and acceptable response to their behaviour. • Third, users tended to perceive different platforms as having different standards of leniency/strictness, and recourse for creators whose material was removed. Some platforms may be preferred depending on the type of content concerned, or perceptions of “fairness” and accessibility.

Policy Implications as Stated By Author

Whilst the authors do not provide any explicit policy recommendations, they do caution on the “ethical imperative” to close the identified knowledge gap in user expectations and reality (which may be causing “chilling effects” on freedom of expression). Creating “human layers” of accessibility to algorithm information may assist in closing this gap, as well as reducing the noted feelings of intimidation and fear.



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)
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)
Green-tick.png

Datasets

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