Greenhalgh, Phillips, Pitkethly, Rogers and Tomalin (2010)

From Copyright Evidence
Jump to: navigation, search

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

Greenhalgh, Phillips, Pitkethly, Rogers and Tomalin (2010)
Title: Intellectual Property Enforcement in Smaller UK Firms
Author(s): Greenhalgh, C., Phillips, J., Pitkethly, R., Rogers, M., Tomalin, J.
Year: 2010
Citation: Greenhalgh, C., Philips, J., Pitkethly, R., Rogers, M., & Tomalin, J. (2010). Intellectual Property Enforcement in Smaller UK Firms. Report for the Strategy Advisory Board for Intellectual Property Policy (SABIP).
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: In total, 1,858 micro firms (0-9 employees) and SMEs (10-249 employees) were contacted in the online survey and this received 170 responses, representing a 9.1% response rate, which is normal for such research. The combined response rate was raised to 20.1% through the addition of 225 responses to the follow-up telephone survey, asking whether the firm had ‘experienced an IP dispute in the last five years’.

Specific to Copyright and Design 18 interviews, involving nine micro firms and nine SMEs were conducted.

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:
  • 2009
Funder(s):
  • SABIP

Abstract

This report details research into the enforcement of intellectual property (IP). It considers the attitudes and practices of small and medium-sized enterprises (SMEs) and micro firms as well as the cost implications of the present IP enforcement system in the UK.

According to an earlier report for SABIP, by Weatherall et al. 2009, in the Gowers Review of Intellectual Property questions of enforcement were largely addressed through assertion, rather than empirical research. This report aims to provide such research. Our study included both an online survey and a phone survey. These concentrated on SMEs and micro firms rather than being a comparative study with large firms. Further work obtained information on Patents and Registered Design cases listed for hearings in the Patents Court from 2003 to 2009. The analysis of this data provides some evidence that complements the results of the survey.

Main Results of the Study

This study covers all aspects of IP. The following findings were relevant to copyright:

  • The cost of enforcement using legal routes is prohibitively high.
  • Legal, financial and social contexts all influence a firm’s intellectual property strategy.
  • Copyright and design right infringement has major disruption effects on some sectors within the creative industries.
  • There is a problem enforcing copyrights and design rights internationally.
  • Digital technology, especially the internet, poses a large problem for the enforcement of copyright.
  • Monitoring strategies and associated costs and importance differ widely between sectors.
  • Many firms felt that there was inadequate information available for both themselves and potential users of their copyright.

Policy Implications as Stated By Author

  • The message for small firm-related IP policy would therefore seem to be first, that every attempt should be made to lower the transaction costs of disputes by changing court procedure or improving access to legal advice.
  • From its application for an IPR, a firm needs to plan and treat its limited resources entrepreneurially and creatively, in order to make the most of those resources when resolving IP disputes."
  • Small firms should be as concerned with learning how to use their IPRs strategically as with becoming aware of the basics of the law that creates and defines them."


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)
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)
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: 170
Level of aggregation: Company
Period of material under study: 2003-2009


Sample size: 225
Level of aggregation: Individual
Period of material under study: 2003-2009