Haveman and Kluttz (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

Haveman and Kluttz (2014)
Title: Property in Print: Copyright Law and the American Magazine Industry
Author(s): Daniel N. Klutzz, Heather A. Haveman
Year: 2014
Citation: Daniel N. Kluttz, Heather A. Haveman, 'Copyright Law and the American Magazine Industry' (February 1, 2014). Available at: http://irle.berkeley.edu/property-in-print-copyright-law-and-the-american-magazine-industry/
Link(s): Open Access,Open Access
Key Related Studies:
Discipline:
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About the Data
Data Description: Haveman and Kluttz use data, which was collected by Haveman during a study in 2004. To assess the impact of copyright law on the magazine industry, they analyze data on over 5,000 American magazines published between 1741, when the industry began, and 1860, the eve of the Civil War. Magazines are chosen over books, because they were the primary forum for literary expression in this era.
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?: No
Government or policy study?: No
Time Period(s) of Collection:
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Abstract

Kluttz and Haveman study copyright law and its relationship with cultural conceptions of authorship and technical constraints on the economics of publishing in the US. Because American copyright law was first developed in the eighteenth and nineteenth centuries, they focus on that time period. And because magazines were the primary forum for literary expression in America during this time, thy study the magazine industry. Both technical and cultural factors created opportunities for magazines and imposed constraints on them, but most effects of copyright law were mediated by cultural, not technical, factors. Lack of copyright protection for foreign authors allowed magazines reprint foreign authors’ work for free. However, copyright law was not used by magazines to protect domestic work: very few claimed copyright over the original material they published and none of those claims were adjudicated by courts. Therefore, magazines reprinted work from domestic sources, including other magazines. Nevertheless, copyright law had constitutive effects on the literary market: it spurred the emergence of a cultural conception of the author-as-paid-professional; in turn, this cultural shift fostered the market for literature, as magazines began to pay authors for their work and compete intensely over the work of the most popular authors.

Main Results of the Study

  • The development of copyright law was an enabling and a disabling device for American magazines and the American market for literature in the first 120 years of the industry’s history.
  • The strongest effects of copyright law on the literature market between 1741 and 1860, were cultural rather than technical.
  • The lack of copyright protection for foreign authors did allow magazines to appeal to broad audiences by reprinting the work of foreign authors.
  • Even copyright protection for domestic works was rarely used. Few filed claims were often not adjudicated.
  • Copyright seems to have partialy influenced the shift from a 'non-revenue seeking gentleman-scholar' to a 'market orientated professional author'.
  • The practice of reprinting previously published work continues to the present. Modern-print magazines pay for reprinting, while newer online-medias often avoid paying for reprinting.


Policy Implications as Stated By Author


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
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)
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)
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: 5000
Level of aggregation: Magazines
Period of material under study: 1741-1860