Heald (2020b)

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 (2020b)
Title: The Effect of Copyright Term Length on South African Book Markets (With Reference to the Google Book Project)
Author(s): Heald, P. J.
Year: 2020
Citation: Heald, P. J. (2020) The Effect of Copyright Term Length on South African Book Markets (With Reference to the Google Book Project). South African Journal of Intellectual Property Law, Forthcoming
Link(s): Open Access
Key Related Studies:
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About the Data
Data Description: The dataset consists of 1066 novels and short story collections written by each of the 123 authors listed in the “List of South African Authors” Wikipedia page. Information was gathered on the author’s date of birth and death, title, date of publication, copyright status of the book, availability of the ebook on Amazon or Takealot, availability of bound volumes on Takealot, and the number of used copies available from South African book shops selling on Abesbooks.com.
Of the 1066 books, 46 (4.3%) were in the public domain. As such, the study confirms their availability on Google Books. The author also cautions that the low number of public domain books may dampen the significance of some findings.
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
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Abstract

“Research on the effect of copyright term extension in the United States demonstrates the negative effect of protection on the availability of new bound editions, ebooks, and audiobook editions of older works. Among the most popular titles, copyright protection also is associated strongly with higher prices in the US. Another recent study documents the negative effect of copyright term extension on titles available for e-lending in the US, Australia, New Zealand, and Canada. The present study measures the effect of copyright on the availability of bound volumes and ebooks in South Africa, a jurisdiction currently under pressure to extend its term of copyright beyond the current life-plus-fifty. Monopoly pricing effects in ebook markets in South Africa, and by analogy to other life-plus-fifty jurisdictions, are also shown. Finally, the paper measures the extent to which the Google Books Project improves the availability of books in South Africa.”

Main Results of the Study

Public domain status is associated with higher availability of book titles, with public domain fiction titles before 1960 in print at a 55% rate. This availability increases even further (to 78%) when free availability via Google Books is factored in.

Copyrighted books are more expensive than their public domain counterparts, with an approx $.013 difference per page in bound books, and a differential of $.015 - $.039 for ebooks.

Books which have benefitted from a reversion right are more available (33%) than those non-reverted books (23%).

Policy Implications as Stated By Author

The study suggests that copyright term extension in South Africa may lead to fewer book titles in print and higher prices. However, some mitigating factors, such as the availability of public domain books on Google Books, may mitigate this effect.



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: 1066
Level of aggregation: Books
Period of material under study: