Property:Has plain-text proposition
From Copyright EVIDENCE
This is a property of type Text.
G
"The Review found the current system to be broadly performing satisfactorily. However, there are a number of areas where reform is necessary to improve the system for all its users. The Review therefore sets out a range of pragmatic recommendations, which can be grouped around three themes: first, stronger enforcement of rights; second, lower costs for business; and finally, balanced and flexible rights."From these conclusions the review makes a considerable number of policy recommendations which can be found below. +
B
"We observe an increase in American movies sales for younger consumers, relative to older ones, associated with HADOPI enforcement. The increase in the consumption of American movies is decreasing with age. Compared to consumers between 50 and 80 years of age, and compared to the sales of French movies, the increase in American movie sales following HADOPI is approximately 19% (statistically significant at the 1% level) for consumers between 10 and 29 years old and is twice the value of the increase for consumers between 30 and 49 years old, which is approximately 10%. A test confirms that β1 is statistically different from β2 at the 1% level. This is consistent with illegal media consumption on the Internet decreasing with age (see Hadopi (2011))." "The coefficients η1 and η2 are negative and indicate that sales of French movies to younger consumers decreased after the introduction of the HADOPI law. It confirms the substitution effect of the anti-piracy law to the benefit of American movies. The fact that 2 × η1 + β1, 2 × η2 + β2, and 2 × η1 + 2 × η2 + β1 + β2 are slightly negative provides evidence of a strong substitution effect between American and French films without growth in total demand." "The anti-piracy law has modified the behavior of young consumers who are subscribed to an unlimited access card to movies." "We find that all analyses converge to show an increase in the U.S. market share of approximately 9%." Towns with higher levels of online piracy, characterized by a greater broadband Internet penetration, experienced a significant increase in American movie admissions and a corresponding decrease in admissions for French movies after introducing the HADOPI law. There is weak statistical evidence suggesting a market expansion effect associated with the HADOPI law, indicating potential growth in total admissions. However, the results are not conclusive due to significant standard errors and variations in effect sizes across different specifications. American movie sales saw an increase among younger consumers who were more likely to engage in illegal downloading, compared to French movies and older consumers. The findings ruled out supply reactions from U.S. film distributors in response to the HADOPI law, as there were no significant changes in terms of quantity, quality, or release speed of American movies in France. The findings imply that the HADOPI law had an impact on consumer behaviour, particularly among the younger demographic. The HADOPI law may also have led to a business-stealing effect, where consumers shifted from illegally downloading American movies to legally watching them in theatres. This, in turn, led to a reduction in theatre attendance for other (non-American) movies. it also hints at the concept of mental accounting, where consumers allocate budgets for different categories of expenses and adjust their behavior accordingly. The overall industry profit appears to have been redistributed in favour of American movies.
O
# Lack of legal protection for intellectual labor does not entail a market failure by necessity, as social norms may induce creativity.
# The rules governing a particular creative practice affect not only how much material is created, but also its kind.
# Comedians' IP norms system emerged over the past half century as technological change increased the benefit of having property rights in jokes and concomitantly reduced the costs of enforcing those rights.
# Stand-up's norms system recognizes only a limited set of forms of ownership and transfer, driven by the fact that effective enforcement requires that ownership be clear to the community.
# Social norms offer a way to regulate creative practices that do not sit well within IP law's one-size-fits-all mold, without imposing on society the costs of disuniformity in the formal law, including legal complexity and industry-driven lobbying.
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E
• The commercial success of parodies are negatively correlated with the risk of takedown, suggesting that commercial substitutability is not a factor in determining removal. Similarly, videos which have higher production values are less likely to be removed.• Videos which demonstrate a clear parodic intent are less likely to be removed. This suggests that rightsholders are less concerned about risks of reputational damage, or derogatory treatment, provided there is a clear “target” of attack.• Pop, hip hop, and electronic music parody videos are more likely to be subject to takedown requests (as opposed to more traditional, or rock genres of music).• Videos which are guised as parodies, with lack of clear parodic intent, are more likely to be removed. This includes verbatim copying of original tracks, and karaoke covers. Such videos are also correlated with lower production values. +
D
• "Streaming has undoubtedly helped save the music industry following two decades of digital piracy but it is clear that what has been saved does not work for everyone. The issues ostensibly created by streaming simply reflect more fundamental, structural problems within the recorded music industry. Streaming needs a complete reset." <br>• "The major music companies and independent record labels have consistently asserted that music streaming is straightforwardly ‘making available’, and therefore performers should be remunerated as though it was a sale. However, this classification does not consider the complexities of streaming that sets it apart from other modes of consumption." <br>• "Despite being an important part in the music creation and music streaming process, song rightsholders are not effectively remunerated for their work.” <br>• "Metadata issues compound the poor terms on which creators are remunerated. Whilst there is a significant challenge, it is not insurmountable." <br>• "The Government must make sure that UK law is not enabling the outcome of market dominance. This means that independent labels must be supported to challenge the majors’ dominance and creators must be empowered to offset the disparity in negotiating power when signing with music companies." <br>•"As long as the major record labels also dominate the market for song rights through their publishing operations, it is hard to see whether the song will be valued fairly as a result." +
• Access to digital surrogates of works of art is not equal. The study finds that experienced academics and professionals can more readily navigate permissions and access digital surrogates than early career scholars. Similarly, those working with e.g. public domain images can more readily make them available than works still in copyright, possibly creating a bias in what is being represented in scholarly research. Resultingly, 82% of academics surveyed had to alter their work because they were unable to illustrate their statements with reference to the appropriate image. <br> • GLAM workers find the legal framework regarding image reproductions unclear, opaque, and time and labour intensive. The study suggests a correlation between this restrictive legal framework, and the absence of French publications in the international art history market. +
K
• Adopting open access policies has the potential to increase awareness of a GLAM institutions brand, offering new marketing and licensing opportunities for existing business models. <br> • There are also risks associated with the adoption of an open access policy, such as increased demand on staff resources and technical infrastructure, loss of revenues from e.g. image licensing, and loss of intellectual control. <br> • Restrictive use policies may have the counterintuitive effect of reducing revenues by decreasing funding opportunities, particularly as many foundations now make open access part of the conditions of their grant (such is the case with, e.g., the Bill & Melinda Gates Foundation). +
S
• After first publication, new book sales decline steeply between year 3 and year 13 (80%), and lose an average of 12% of their value each year. Nonetheless, books still have a ‘useful’ lifespan of approx. 50 years.<br> • Classic books that are outwith their copyright term cost approx. 75% of the average price of a classic books within its copyright term. +
M
• Based on data of movie release dates, on average, the global distribution of Hollywood movies in foreign countries lags by approximately 3 months. However, films with bigger budgets, bigger stars, and a bigger US box-office tend to diffuse quicker than this average. <br> • Moderate levels of copyright protection have the most beneficial impact on increasing the speed of diffusion of movies. By contrast, weaker or stronger protection reduces the speed of diffusion in foreign markets. +
D
• Blocking websites does greatly reduce the number of visits to that website; the study observes a nearly 90% reduction to those blocked websites (from 86,735 visits in the pre-block period, to 10,474 visits in the post-block period) and a 22% reduction in visits to piracy sites across all treated segments. However, the study notes that uses of VPNs may be a factor in ongoing access to blocked sites - the study finds that for every 10 additional visits to a site prior to blocking, this increases visits to VPN sites post-block by 30%. <br> • Blocking websites does not necessarily increase uptake in usage of other unblocked piracy websites. The study suggests this is due to users being unable to find a trustworthy source to replace the blocked website. Instead, the study finds an increase in the number of uses to ad-supported legal streaming sites and paid legal services post-block. +
L
• Books that are outwith copyright have a higher variance in prices than books that are within copyright, and are not overall cheaper than those books within copyright (though, accounting for raw sales weights, the price increase may be modest, approx. 15%). Instead, higher prices tend to be more positively correlated with higher numbers of pages, and e.g. cloth and perfect bindings. The study therefore concludes that copyright in itself has no ‘consistent positive impact on the price of books’. +
M
• Both Twitter and YouTube are key mediators in triggering and influencing discourse by their users. Once their official positions have been made known, this stimulates users to respond and support this on the platform itself. In the case of Article 13, Twitter and YouTube’s opposition and tone of criticism towards the legislation was extended and mirrored in an audience of more dispersed users. <br> • Twitter plays a key role for temporal ‘outbursts’ of activity which in are later (but quickly) absorbed by YouTube. The two platforms often have a reciprocal relationship, with many tweets referring to YouTube videos to indicate support or opposition of Article 13. By contrast, news media outlets take far longer to be influenced by this discourse. The study finds that discussion on Article 13 in news media is entirely absent before Google’s oppositional appeal. After this point, the news media pays lots of attention to Article 13, but is more critical of the mobilisation of users on Twitter and YouTube by downplaying emotive fears (e.g. #saveyourinternet). <br> • The tone of Twitter users is mainly critical of Article 13, media and music industries, and more generally European politics. Similar commonalities of opinion are apparent on YouTube, even where videos are dispersed across different genres (e.g. comedy, gaming, music) and influencers. As such, Article 13 takes centrality as an issue, rather than being explained by e.g. audience size of a particular genre or influencer. <br> • Overall, the main narrative of Twitter and YouTube users supports the platform’s own position of (often emotional) opposition to Article 13. +
I
• Consistently with previous years, the report finds that 15% of UK internet users (almost 7 million people) consumed online content illegally within the past three months. Infringing behaviour has primarily been driven by cost concerns (44% citing that they are motivated by the fact content is free) followed by convenience (41%). Despite these high figures, only 47 people were prosecuted under the Copyright Designs and Patent Act in 2017.• Certain intricacies are evident at industry level. The report finds a notable increase in illegal streamed television services, with 5 million using these (including an increase in the use of IPTV/kodi boxes). As a consequence, 830,000 users have cancelled a TV subscription. Elsewhere, downward trends are evident, with the BPI reporting a decrease in illegal music consumption by 33%, falling from 54 million downloads to 35 million.• China, Hong Kong, India, Pakistan and Turkey continue to be the predominant source of IPR infringing (counterfeiting) goods. +
S
• Copyright as a means of motivating and initiating creativity is largely superfluous, and is rarely considered by creators when embarking on a new project. Further, with the prevalence of the work-for-hire doctrine and transfer of ownership through employment contracts, this means that everyday creators do not experience copyright as belonging to them in any case. <br> • By contrast, copyright may be more important in the later stages of a work’s lifecycle. However, this may not correspond exactly to what is needed from creators, and may be over enforced (e.g. where reputation is at stake) or under enforced (e.g. in order to share with a community for feedback). As such, adaptability of copyright via contract remains an important tool for creators.<br> • Copyright as an economic driver is not a primary motivation of creators. Instead, motivations to create are much more diverse, including having the requisite time and space to complete work, an appreciative audience, the intellectual challenge, and having professional autonomy. Creators also repeatedly make more of an emotional attachment to the process of creation, describing their works as being analogous to children, and the process of raising a child. +
R
• Copyright concerns create a psychological burden for therapists, causing self-doubt, worry and anxiety as to whether therapists are doing the ‘right thing’ (complying with copyright law). <br> • Therapeutic needs of patients warrant the use of copyrighted music. Patients find copyrighted music more relatable, enjoyable, and help therapists build a rapport with patients. Copyrighted music is thus not substitutable with non-copyrighted music to the same therapeutic effect. <br> • Therapists’ perceptions vary on the permissible therapeutic practices using copyrighted music. Therapists are unsure, for example, whether music can be played in-person but not online, or whether therapists are permitted to edit lyrics (e.g., derivative works). <br> • Information about copyright law comes from various sources. Therapists lack appropriate training on how copyright works, with most information being shared second hand by peers. <br> • Clarity on how copyright works might reduce this psychological burden. Lack of enforcement against therapists is, in itself, not enough to relieve this. +
S
• Copyright plays an initial, rather than an ongoing, role in a photographer’s business. By withholding a complete copyright transfer, this offers photographer’s initial leverage to prevent clients from reusing or reselling photographs, as well as enabling a charge per requested use or selected print. Similarly, where clients request a copyright transfer, this offers the photographer a bargaining chip to charge a higher price. The study concludes that copyright is used as a demarcation of control and has symbolic value reflective of a certain status and expertise in the area of photography. <br><br> • Due to increased competition in the digital environment, photographer’s leverage in negotiating one-to-one contracts has waned. As such, photographer’s highlight their professional status and experience in order to distinguish themselves as bring worthy of higher prices. <br><br> • For the most part, policing unauthorised uses of photographs is not perceived as worthwhile by professional photographers. Instead, the most attractive revenue opportunities come in the form of books, fine art prints and stock photography. +
M
• Creators find it difficult to re-use copyright protected content and secure permission from the appropriate rightsholder. Reported difficulties include: problems identifying and negotiating with rightsholders, high and inflexible licensing fees, and reliance on archives/intermediaries who may or may not have appropriate permissions to grant use of the materials sought. <br> • Creators are reluctant to rely on copyright exceptions in regards to protected work. Awareness of exceptions is limited, and are viewed as legally uncertain (particularly in interpretation - e.g. how to signal quotation of a visual work). Further, risk-adverse producers may also hamper the likelihood to rely on an exception where broad policies on the re-use of copyrighted content are applied. In lieu of exceptions, creators instead rely on the use of public domain materials and rights clearance (through e.g. the payment of a fee).<br> • Due to concerns about copyright clearance in other territories, creators often make decisions about their target markets up-front when making their work. Securing international, cross-territorial agreements for the re-use of copyright protected work is reportedly prohibitively expensive, with only limited insurance policies in place in case of any infringement. +
W
• Cultural institutions’ online policies are consistently ‘hidden’ from the user, are inconsistently labelled and difficult to access. <br> • Only 35 of the digital surrogate images contain information regarding what restrictions apply (or do not apply) to their use; 37 contained no data at all. Further, this metadata is often in conflict with the online policies for the cultural institution. <br> • The study identifies 4 levels of risk when reusing digital surrogate images: open/no risk, low risk, medium risk and high risk. Risk levels are associated with clear and broad policies permitting e.g. commercial use, and copyright status. +
S
• Designers’ motivation can be intrinsic (e.g. passionate about creating or creating for expressive purposes) and/or extrinsic (e.g. market or task orientated). Where designers are motivated extrinsically, they are less likely to seek or enforce protection for their designs, which is also attributed to low levels of awareness of IPR. These factors in turn create a negative influence on designers’ attitudes towards IPR. The study suggests that low levels of awareness are therefore correlated with low levels of protection, which in turn leads to enforcement issues.<br><br> • Awareness of IPR varies significantly across design professionals, but managers and designers in large companies usually have higher levels of awareness than those in smaller companies. This leads to the perspective amongst many managers’ that IPR only benefits large companies.<br><br> • Both design managers and designers themselves value imitation highly, which is considered distinct from plagiarism or infringement. Both also agree that IPR enforcement in China should be strengthened to better protect creative designs.<br><br> • Ethical beliefs and ethical climates help influence people’s attitudes towards IPR; in particular, managers’ beliefs are influential over their staff. The study also notes that Confucianism is epitomised as a core ethical belief amongst participants. +
P
• Even where tattoos can be protected by copyright, this protection is rejected by the tattoo artist community. The study frames the tattoo community as countercultural, with a strong scepticism of the legal system. For example, there are concerns within the community that if enforcement measures are pursued, this may draw unwanted attention from copyright owners of e.g., third party tattoo content.<br> • There is a strong norm in the community about the sanctity of a client’s body and their ownership of a tattoo, rather than a tattoo artist’s ownership. This norm does not apply when the tattoo is disconnected from the body and placed in other formats such as e.g., virtual games. <br> • Rules against copying in the tattoo industry are unclear. There is a strong norm against literal copying of custom designs, but an agreement that the borrowing of concepts and abstract ideas is acceptable. <br> • When intra-community norms are breached, the community responds through: inaction; direct communication with the copyist, or; negative gossip/public shaming/blacklisting of the copyist. +
