Kretschmer and Towse (2013)

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

Kretschmer and Towse (2013)
Title: What Constitutes Evidence for Copyright Policy?
Author(s): Kretschmer, M., Towse, R., et al.
Year: 2012
Citation: Kretschmer, M. and Towse,R. (eds) (2013) What Constitutes Evidence for Copyright Policy? Digital proceedings of ESRC symposium www.copyrightevidence.org/create/esrc_evidence_symposium
Link(s): Definitive , Open Access
Key Related Studies:
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About the Data
Data Description: This is a report of a symposium, there is no data.
Data Type:
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • There is no data.
Funder(s):
  • CIPP
  • CREATe

Abstract

The Symposium ‘What constitutes evidence for copyright policy?’ held at Bournemouth University on 8 November, 2012 was part of the ESRC Festival of Social Science. It was organised by Professors Ruth Towse and Martin Kretschmer as a cooperative initiative between the Centre for IP Policy and Management at BU and CREATe, University of Glasgow with the aim of exploring the concept of evidence as employed in copyright policy making, and challenge the concept from a social science perspective. A web resource offers transcripts and short videos of the discussion, an introductory essay, and a bibliography. The aim was to produce an orientation point in the contested debate about ‘evidence-based’ copyright reform. The Symposium took the form of four panels with specific professional and disciplinary groups: policy-makers, stakeholders, social scientists and law professors with an open session to enable wider audience participation. Each panel speaker was asked to give a short opening statement, setting out what constitutes evidence from their disciplinary perspective, using the UK Intellectual Property Office’s guidance document on standards of evidence (‘clear, verifiable and able to be peer-reviewed’) as a starting point for their contribution.

Main Results of the Study

This is a report of a symposium held in 2010, the purpose of which was to scrutinise the ambition of evidence-based policy and consider its relevance to copyright policy. The organisers, Kretschmer and Towse, have emphasised the need for empirical evidence in their academic research and consultation on copyright, which has included the effects of copyright policy on creators’ and performers’ earnings, on the operation of the creative industries and on copyright institutions such as collecting societies.

Policy Implications as Stated By Author

The authors and contributors discuss what counts as evidence as required for evidence based policy.Two proposals to improve evidence-based policy making in the field of copyright emerged. First, a quality filter for evidence and second, a process design for collecting evidence that can can contribute to the quality and relativity of the evidence when used simultaneously.

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

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