Kariithi (2011)

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

Kariithi (2011)
Title: Is the Devil in the Data? A Literature Review of Piracy Around the World
Author(s): Nixon K. Kariithi
Year: 2011
Citation: Kariithi, Nixon K. Is the devil in the data? A literature review of piracy around the world. The Journal of World Intellectual Property 14.2 (2011): 133-154.
Link(s): Definitive
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: No original data. This study utilises a literature review of 120 studies, comparing the difference between studies that use the Business Software Alliance statistics on software piracy and those studies that do not accept the BSA statistics as valid data.
Data Type:
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: Yes
Literature review?: Yes
Government or policy study?: No
Time Period(s) of Collection:
Funder(s):
  • This research was part of the multicountry research project 'Towards a Detente in Media Piracy' undertaken by the Association for Progressive Communications (ACP) and supported bu the Social Science Research Council (SSRC), New York

Abstract

This article examines the scholarly literature pertaining to music, film and software piracy around the world, with special attention to data sources, research scope and general findings. The article finds that the conspicuous absence of methodologies utilizing critical theory in this broad literature has constricted the world view of piracy, resulting in monolithic explanations of the causes and correlates of piracy. It further identifies systematic biases relating to the unjustified use of data published by the industry watchdog Business Software Alliance (BSA).

Main Results of the Study

  • The existing literature on piracy, while in general all focusing on piracy in the music, software or film industries, is disparate and not robust in its findings.
  • Too often the research assumes that actions of pirates and non-pirates are mutually exclusive.
  • There is too much reliance on the piracy statistics produced by the Business Software Alliance, a US industry body who are not impartial on the subject of piracy.

Policy Implications as Stated By Author

  • Studying shifts in the perception of society towards piracy is important for policy makers in determining effective policy.
  • Piracy has complex effects on the industry and these need to be understood so as to ensure any increase in social welfare is not lost by engaging in anti-piracy measures.

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)
Green-tick.png
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)
Green-tick.png

Datasets