Erickson, Kretschmer and Mendis (2019)

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

Erickson, Kretschmer and Mendis (2019)
Title: An Empirical Approach to the Public Domain
Author(s): Erickson, K., Kretschmer, M., Mendis, D.
Year: 2019
Citation: Erickson, K., Kretschmer, M. and Mendis, D. (2019) “An Empirical Approach to the Public Domain” in Drexl, J. and Kamperman, J. Sanders (Eds.) The Innovation Society and Intellectual Property, Cheltenham: Edward Elgar
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The study provides an overview of three related projects:


• Project 1: Interviews with 22 creative businesses that used public domain materials to create commercial products.
• Project 2: Quantitative analysis of 1,933 Kickstarter projects from January - April 2014.
• Project 3: Analysis of 1,700 Wikipedia pages to determine the presence and impact of public domain images.

Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: Yes
Government or policy study?: No
Time Period(s) of Collection:
Funder(s):

Abstract

“In this chapter, we consider the location of the boundary between creative expressions protected by copyright and those in the public domain. Contrary to some legal theory, we adopt a user-centric definition of the public domain focused on the behaviours permitted to the end user. Our definition includes four categories of public domain works: (1) Copyright works that are out of term of protection: namely, literary and artistic works created by authors who died prior to 1944; (2) Materials that were never protected by copyright: namely, works from antiquity and folklore; (3) Underlying ideas not being substantial expression: namely, inspiration taken from preexisting works, including genre, plot or ideas; (4) Works offered to the public domain by their creator: namely, certain free and open-licensed works without restrictions. The chapter then outlines a methodology to study empirically the uptake and use of public domain materials. This enables us to identify and quantify the contribution of the public domain to innovation and creative enterprise.”

Main Results of the Study

• Project 1: Whilst the use of public domain materials allows certain types of business models to flourish, businesses report struggling to find high-quality sources of public domain materials, making them difficult to commercialise.

• Project 2: Projects which incorporate public domain materials are significantly more likely to be successful compared to ‘original’ projects.

• Project 3: The public domain availability of images makes a significant difference to their inclusion on Wikipedia; despite the increased uptake in camera technologies in the twentieth century, biographies for authors born prior to 1880 are more likely to be accompanied by an image than those after.

• The study also offers a nuanced definition of the public domain for future empirical work, which includes e.g. commercial and noncommercial uses, and is not restricted to one aspect of the public domain (e.g. works whose term has expired).

Policy Implications as Stated By Author

The study does not offer any explicit policy recommendations.



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)
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)
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: 22
Level of aggregation: Creative businesses
Period of material under study:


Sample size: 1,933
Level of aggregation: Kickstarter projects
Period of material under study: January - April 2014


Sample size: 1,700
Level of aggregation: Wikipedia pages
Period of material under study: