Property:Has intervention-response
From Copyright EVIDENCE
This is a property of type Text.
C
"Any decision to extend term should be based on stronger evidence than one to keep term at its current level."
"Secondly, the prudent policy-maker faced with uncertainty should prefer a course of inaction so as to keep options open and await better and more precise data. Thus, the case for an extension would have to be especially compelling to make it preferable to keeping term at its current length. This, combined with our conclusion that the case for term extension is, in fact, weak, it would be particularly inadvisable, given our present state of knowledge, for a rational policy-maker to extend the term of copyright in sound recordings." +
D
"For policy-makers, our results may have important implications in other countries that are considering passing similar graduated response laws, as well as in France where a number of parties oppose the continued existence of the law. Likewise, our results may inform industry practice in some countries, like the United States, that have seen the voluntary agreement between the music industry and Internet Service Providers on the application of a graduated response system.""Additionally, other industries may benefit from HADOPI. For example, to the degree that the motion picture and publishing industries suffer losses caused by filesharing, HADOPI may positively impact revenues in those industries. The study does not quantify the entire effect of HADOPI on producer surplus in the media industries, but indicates that for one industry (music) in one channel (iTunes), the law appears to have had a large and statistically significant effect." +
H
"From a policy perspective, curriculums can be developed to reduce the association with digital piracy peers, positive attitudes toward digital piracy, and the attractiveness of digital piracy, thereby reducing the individual propensity." +
"Having established what is wrong and right with current copyright licensing and where it is and is not fit for purpose for the digital age, both at the market segment/industry sector level and at the level of the creative industries taken together, the work now moves to Phase 2 – Seeking Solutions.
Solutions should ideally:
• Be industry-led and industry-funded
• Be cross-sector and international in focus
• Be voluntary but with clever use of available incentives to take part
• Be clear, open and freely accessible
• Not necessarily require primary legislation (the IPO’s parallel consultation may require legislation)
• Reduce copyright infringement and the incentives to infringe copyright
• Increase competition where appropriate by getting the right balance between the benefits of one-stop shops and the disadvantages of monopolies
• Increase overall size of market, drive economic growth and innovation
• Meet the needs of consumers and citizens; ie maximise wider social benefits
• Be trusted, authoritative, confidence-giving and flexible
• Create new value, not just concern themselves with fixing what is wrong.
• Build on existing IT standards that the industry has and is developing
• Build on the large IT investments that the industry has already made
• Build on existing DCEs and DCE-like systems and not indulge in NIH (Not Invented Here)
• Fill gaps and solve real problems rather than duplicate and reinvent the wheel
• Focus solutions on those parts of the creative industries where it is agreed that there are real cases for improvement and modernisation in copyright licensing for the digital age
• Be aware of and protect the rights of creators, and recognise and protect the investment in content" +
Z
"Notwithstanding the fact that the Copyright Act itself is set to undergo another statutory review beginning in 2022, there appears to be some momentum behind the government’s continued interest in copyright reform and the education community should be prepared to respond both to the next review as well as to any future calls to operationalize Recommendations 16 and 17. In preparation for these future consultations, it is imperative that the education community develop a cohesive advocacy strategy that goes beyond data and justification and engages directly with the public interest aspect of its positions and the user groups that it represents." "We suggest educational organizations expand their advocacy efforts beyond government consultation and consider the approaches employed by creator groups, including publishing op-eds in well-known newspapers and developing social media and marketing campaigns that speak to a broader public audience. We also encourage the higher education community to engage in further advocacy and policy conversations with more confidence. Entering into the 2017 review, many libraries and higher education institutions were on the defensive, urging the INDU Committee to protect the additional user rights enacted in 2012. Despite most submissions from this community failing to argue for an expansion of fair dealing, the INDU Committee signaled its support for such a measure, indicating its receptiveness to expansive user rights and serving as a reminder to our community to operate more offensively in the future. Finally, we caution against reading the INDU Report too optimistically and believe that educational institutions should continue to prepare for further debate regarding both the legitimacy of their fair dealing guidelines and the perceived harm that institutional copying has on the Canadian creative fields." +
G
"Online music technologies are fundamentally altering the landscape of the music business. While consumers clearly stand to gain from these opportunities, the music industry can also reap significant benefits via effective strategies. Music as an artistic expression transcends economics and the bottom‐line revenues of the music industry. Indeed, as stated by Van Morrison, “Music is spiritual; the music business is not”. Nevertheless, fundamentally sound business models are critical for enabling the social, artistic, and spiritual dimensions of music to flourish." +
T
"Property rights must clearly be defined and enforceable for markets to work...How much is earned is, however, a market outcome and the division of revenues is governed by complex interaction of economic incentives and administrative arrangements. Any attempt to regulate these outcomes must take account of the underlying economic logic of the organisation of the industries concerned and recognise that regulation may impose costs, not only on those directly involved, but also on society at large." +
I
"The nature of the measure means the impact in the initial years will be fairly limited, but will continue to grow over time. This is because only a small number of recordings are covered by the directive (as of 2017 only recordings from 1963 to 1967), however, by 2033 there will be a 20 year period over which recordings will be covered by the directive. As a result, the full impact and consequences of the directive will not fully be established until then." +
S
"This study of 15-25 year olds shows that 75 percent do not consider the fact that file sharing of copyright protected material is illegal, as a reason strong enough to abstain. Almost as many state that more stringent legislation will not stop them from downloading."
"If one chooses to ignore the gap that has arisen between the general legal consciousness and the judicial norms, one risks more than just sabotaging the chance to create a functioning market - additionally, there is an evident risk of hollowing out younger generations respect for the rule of law." +
O
"while blockchain is inherently disintermediating, it is also necessarily in need of legal enforcement of global rights and infomediary activities to ensure the promotion and more equitable payment of artists." +
D
• Include a new copyright exception to permit the use of fine art images for scholarly teaching and research. <br> • Create a new policy on copyright claims over public domain works. <br> • Agree a clearer definition of ‘non-commercial use’. +
S
• Promoting Chinese cultural values (e.g. Confucianism) helps develop internalised respect for IPR and enhances the effectiveness of IPR protection.<br><br> • Promoting awareness of IPR in general (e.g. through public awareness campaigns) may enhance overall attitudes towards IPR in the creative industries.<br><br> • More co-ordination is required between the central government and local governments, which is highlighted by diverging views of professionals across different regions. +
H
* Fair use, combined with the limitations on remedies approach, as proposed by the U.S. Copyright Office, and future looking changes that would reduce the number of orphan works going forward, would provide the U.S. with a workable and cohesive approach to the orphan works problem.
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M
* Given that individuals with a natural rights perspective were found to prefer stronger intellectual property protection than individuals with other bases, this may lead to a public perception that intellectual property rights should be stronger than they currently are.
* The results of this study indicate that the behavioral model of incentives on which the intellectual property system is based cannot function optimally because popular conceptions of intellectual property rights are not in accord with actual intellectual property law. This discord can destabilize the legitimacy and the effectiveness of intellectual property law.
*These public perceptions are also highly likely to influence juror, as well as some judicial and legislative, decision-making concerning intellectual property rights. The intellectual property system will remain hard-pressed to achieve its objectives given the widespread disconnect between the public psychology of intellectual property and the reality of intellectual property law.
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S
* Rights clearance of works on an individual, item by item basis is unworkable in the context of mass digitisation. At 4 hours per book it would take one researcher over 1,000 years to clear the rights in just 500,000 books* The current economic climate, in which funding for cultural and knowledge based services is highly limited, makes it even more important to find efficient ways of making public collections available. The material in these collections has, in a great many cases, been put on shelves and essentially forgotten about. To make it widely available in digital form is to increase understanding of our history, our traditions and the world within which we live. To limit this just to items that are clearly in the public domain through the lack of efficient rights clearance mechanisms would mean omitting the 20th century from this understanding. * The potential that a single automated diligent search (the Arrow system) is all that is needed to clear rights – a search for which a user need invest only minimal time in uploading records and reviewing responses – makes mass clearance of rights an achievable goal.* ARROW also has the potential to play a significant role in any legislative solution to orphan works, acting as a single registry through which cultural institutions could identify works they have digitised and rightsholders could claim any works to which they own the rights.
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V
* The authors offer different entry point to start research on open source project and orientate researchers in an environment that might be unfamiliar to them. For example:
*Where to find the projects (e.g. Sourceforge.net)
*Looking at the Geocrawler site to see the interactions among project members.
*Creating an “intellectual genealogy” for an open source development project at the early stage of the research.
*Taking into account private email, or direct communication between users as those can help study motives, incentives, community development, coordination, and technical decision-making in projects
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D
* The results underline the importance of the small everyday choices that people make about using or not using specific platform standards for accessing cultural and informational goods. The success of powerful economic actors aiming to establish platform standards depends on the attractiveness of their standards to large numbers of producers and consumers. If they ignore the day-to-day practices of such audiences they are likely to detract from the success of a standardization project.* Politics by ‘positive example’ typically has a low behavioural threshold for participation and can, once set in motion, produce considerable momentum by rapidly increasing the usage of a standard. Such network effects can be an effective lever through which civil society coalitions can increase their influence on transnational rule setting.* The authors argue that implementation politics of the kind undertaken by the fair use coalition have the potential to effect broader political debates through shifts in political identity, public debates and the emergence of new political actors.* The article suggests that scholars studying implementation politics under regime complexity would benefit from including transnational private standardization into their analysis.
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L
* A copyright regime that eradicates music piracy is not the only regime that can help the music industry.
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* A more complete view requires consideration of the responsiveness of creative efforts to marginal incentives and the function of ownership of intellectual property beyond the incentive to create. * A more nuanced view requires attention to the limitations in the exclusionary aspect of copyright law. * A more correct view requires an examination of empirical magnitudes that no one has fully undertaken.
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H
* A policy to decrease the amount of individual pirates there would decrease overall pirating in two ways. Since there would be less pirates there would be less downloads but also less people influencing people to pirate online.
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