Ford (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

Ford (2014)
Title: What is the effect of file sharing on the creation of new music? A critical review of 'A case study of file sharing and music output'
Author(s): Ford, G. S.
Year: 2014
Citation: Ford, G. S. (2014). What is the effect of file sharing on the creation of new music? A critical review of 'A case study of file sharing and music output'. Phoenix Center for Advanced Legal & Economic Public Policy Studies. Available at SSRN 2407145.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: This article is a review of the study 'A case study of file sharing and music output' (Lunney, 2014).
Data Type: Secondary 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?: No
Time Period(s) of Collection:
  • 2014
Funder(s):
  • Not stated

Abstract

In a recent and unpublished study — Empirical Copyright: A Case Study of File Sharing and Music Output — Tulane University Law Professor Glynn Lunney, Jr., concludes that “file sharing has not reduced the creation of new original music.” The claim is based on the correlation of music sales over time to the appearance of “new artists”, narrowly defined, appearing at the top of BILLBOARD’s Hot 100 chart. In this PERSPECTIVE, I provide a review of Dr. Lunney’s paper. Unfortunately, the empirical analysis in Dr. Lunney’s paper is some of the weakest in this area, and the defects in the analysis are many and varied. Put plainly, his statistical analysis is inexpertly performed; the empirical model is poorly motivated, poorly designed, and improperly estimated. Moreover, contrary to his claim, his results do not support his theory. Alternative and more plausible interpretations of Professor Lunney’s results suggest piracy has the expected negative consequences on the creative industries.

Main Results of the Study

  • As the copyright review debate heats up, so will the amount of academic research on the effects of copyright, piracy, fair use, and other relevant concepts. Given the importance of intellectual property, it is vital that any research used to formulate policy be subjected to close scrutiny.
  • In this perspective, this study reviews a recent paper on the effects of piracy on the music industry by Professor Glynn Lunney which purports to show that “file sharing has not reduced the creation of new original music.”
  • The author claims that, not only is Professor Lunney's unsupported, but her analysis suffers from defects so severe as to render it useless for guiding public policy.
  • Furthermore, copyright is established in the U.S. Constitution on the theory that one obtains more goods and services when one pays for them. Those opposed to copyright on whatever grounds, the author claims, surely bear a substantial burden in making their case.


Policy Implications as Stated By Author

Despite some improvement in recent year for revenue stability, piracy remains a significant problem for the music, film, and print industries. Contrary Lunney's (2014) claims, more aggressive enforcement of copyright and legal alternatives is needed.


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)?
Green-tick.png
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

Sample size: 1
Level of aggregation: Academic article
Period of material under study: 2014