Max Planck Institute (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

Max Planck Institute (2013)
Title: Copyright, Competition and Development
Author(s): Max Planck Institute
Year: 2013
Citation: Copyright, Competition and Development, Max Planck Institute (2013).
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The Report is based on two research methods, namely, survey and traditional legal research on case‐law, done mainly by using available Internet resources. In addition, many contact persons, most at local universities, provided additional insights by answering the Questionnaire. The agencies of more experienced competition jurisdictions, where access to decisions is not a problem, did not receive the Questionnaire. This Report refrains from specifying which country‐specific information contained within it is

more or less reliable. In any instance, due to the need to limit its volume, the Report can only present a selection of interesting and valuable cases. Hence, the gratitude of the Max Planck Institute goes to all the competition agencies that participated in the survey and the many scholars who helped to provide information, without mentioning these persons individually.

Data Type: Primary 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?: Yes
Time Period(s) of Collection:
  • September to December 2012
Funder(s):
  • World Intellectual Property Office

Abstract

The Report is motivated by the increasing economic importance of copyright-protected works, including most diverse subject‐matter of protection ranging from cultural content, media and information products to more technology‐based computer programs, including in emerging economies and developing countries. Growing populations in such countries provide a large basis of human resources for creativity and, at the same time, lead to large consumer markets. Copyright‐related activity therefore has to be recognised as an important factor of economic development around the world but also and particularly in emerging economies and developing countries. The objectives of the Report are basically threefold: (i) The Report aims at making accessible a large body of competition law practice around the world as guidance for competition law enforcers in other jurisdictions. (ii) It also tries to promote general knowledge and understanding of how competition law should be applied to copyright‐related markets. (iii) The Report is also meant to provide benefits for international copyright policy. With its market‐oriented analysis, competition law can provide new insights on how markets for authorised use.

Main Results of the Study

  • First, the survey has produced an amazingly large body of experience of many competition law jurisdictions around the world on copyright‐related markets from which other jurisdictions can benefit enormously. In particular, it is to be noted that especially in the larger emerging economies, which also represent younger competition law jurisdictions, practice on copyright‐related markets has virtually exploded during the last very few years.
  • Second, the Report also highlights the importance of media and entertainment markets for technological development in many countries.
  • Third, the Report also highlights the importance of competition law for the free flow of information and thereby can contribute significantly to the development of democracy in individual countries.
  • Finally, it is hoped that the Report can provide incentives for the future work agenda of

WIPO. In particular, the survey has produced a major need and interest of the agencies of especially younger and smaller competition law jurisdictions in building up competence and understanding of the challenges of copyright‐related markets.


Policy Implications as Stated By Author

National regulation and approaches to sector‐specific regulation differ considerably among jurisdictions, and more work on integrated approaches to regulating collective rights management, taking into account both copyright law and competition law, seems to be urgently needed.


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)?
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)
Green-tick.png

Datasets

Sample size: Not stated"Not stated" is not a number.
Level of aggregation: Competition agencies
Period of material under study: 2012