Heald (2020a)

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

Heald (2020a)
Title: The Impact of Implementing a 25-Year Reversion/Termination Right in Canada
Author(s): Heald, P. J.
Year: 2020
Citation: Heald, P. J. (2020) The Impact of Implementing a 25-Year Reversion/Termination Right in Canada. Journal of Law, Technology & Policy, Forthcoming
Link(s): Definitive
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The study consists of a cost-benefit analysis of the reversion right, supplemented by data gathered from Canada, UK and US.
Data Type: Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
Funder(s):
  • Prepared at the request of Canadian Heritage/Canadian Government

Abstract

“Canada is actively considering legislation to limit the enforceable length of copyright transfers. Under current proposals, authors would either automatically get back their copyrights twenty-five years after a transfer or would have the opportunity to exercise an American-style termination right at year 25. This paper reports previously unpublished data from UK and Canadian book markets on the negative effect of term length on the in-print status of titles and also presents new data on the market effect of existing reversion rules deriving from the 1911 Imperial Copyright Act. Data on Canadian musicians who have used the US termination right to regain their US copyrights is also presented. The report concludes that some portion of consumer welfare losses caused by term extension in Canada may be offset by the adoption of a termination right. Although the report was prepared at the request of Canadian Heritage, a branch of the Canadian government, it represents only the views of the author.”

Main Results of the Study

The study summarises how term extension diminishes the availability of books and increases prices. For example, overall, public domain books are more available than copyrighted books, suggesting that this status contributes to the disappearance of twentieth century books.

Reversion rights may be useful in offsetting the public welfare loss caused by long copyright terms. The study finds that when termination rights are exercised by authors, book titles become more available, including titles that were previously out-of-print.

The study also suggests that publishers will not pay less for rights that last a shorter period of time, as most profits tend to be earned during the first 25 years of the life of a copyright.

Policy Implications as Stated By Author

The study recommends the adoption of a modified version of the INDU proposal, which may offer lower transaction costs. Amongst other recommendations, the recommended termination right should:
• “be non-assignable, non-waivable, and apply no earlier than 25 years after the transfer
• extinguish itself five years after it becomes available
• take effect no earlier than twelve months after the creator is notified of the intent to exercise the right
• require that notice be subject to registration
• require that termination can only be exercised by claimants holding 51% or more of the termination right
• and provide protection for a transferee who properly licensed the copyrighted work to create its own authorized original work of authorship.”



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)
Green-tick.png
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

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