Public and Corporate Economic Consultants (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

Public and Corporate Economic Consultants (2013)
Title: Orphan Works in the UK and Overseas
Author(s): Public and Corporate Economic Consultants
Year: 2013
Citation: Orphan Works in the UK and Overseas, Public and Corporate Economic Consultants (2013), available at https://www.gov.uk/government/publications/orphan-works-in-the-uk-and-overseas.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Semi-structured interviews were conducted with 26 UK organisations and 26 international organsiations with an interest in orphan works legislation (Government agencies, Industry representative bodies, or collecting societies, with the remainder being a mix of education, community bodies, and museums/archives).
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?:
Government or policy study?:
Time Period(s) of Collection:
  • 2012-2013
Funder(s):
  • The Intellectual Property Office

Abstract

In March 2012 the Intellectual Property Office (IPO) appointed PACEC to carry out research on the potential introduction of an orphan works system in the UK. The research arose primarily from the recommendations of the Hargreaves Review which was quite explicit in pointing to orphan works as a major problem of untapped resources in the UK.

Within this context the aims of the study were to carry out some qualitative research in the UK with organisations that had an interest in orphan works and had previously been consulted by IPO. The main aim was to consult on the views of interested parties and in particular discuss the perceived benefits, disbenefits, and changes in use patterns from their perspective. In parallel with this research, IPO has commissioned further research on the use of orphan works schemes and pricing issues which has been carried out by Bournemouth University.

At the time of the research the details of potential proposals to be put forward by the Government for an orphan works scheme were not known in full, but there had been consultations as part of the Hargreaves Review and subsequently. Hence the results are qualified by this, and need to be viewed in this context.

Main Results of the Study

The interviews with organisations in the UK showed that by and large they supported the introduction of an orphan works system. The small group that did not, considered that it would be too costly to administer, and that the costs would outweigh the benefits. There were considered to be benefits in terms of the competitiveness of businesses, especially for the smaller ones (where the cost of accessing material would be reduced, coupled with an increase in the supply) and firms in the media, TV, film and publicity sectors. Hence, there could be wider economic benefits and some stimulation of growth. The main benefits to society were considered to be increased access to materials, training and educational benefits. The disbenefits were potentially that the system could be too complex and cumbersome, and licenses could take too long to be issued. It was considered that there would be an increase in demand for orphan work material.

The main economic benefits were considered to be increases in competitiveness, income and revenue, especially for the media sector. The main benefits to society were through the increase in access to material which improved education and training, and the choice of services for the public.

Overseas organisations did not identify many disbenefits. The main ones were that the process to obtain use could take too long, and the system could be complex. The issue of legal challenges was not raised as a disbenefit. The orphan works systems had increased the supply of useable materials primarily because of a reduced risk of copyright infringement, and greater certainty and confidence. There was very little difference in the perceived benefits and disbenefits of systems overseas, as compared to the potential UK system, based on the perceptions of the organisations in these countries.

Policy Implications as Stated By Author

As a result of its research, the Review found that the orphan work problem results in large quantities of copyright works being effectively unavailable for use, whether for cultural or commercial purposes. Therefore it was recommended that the government should legislate to enable licensing of orphan works. The government accepted this recommendation and as part of a potential solution, recognised the need for further research and views.

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)
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)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
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)

Datasets

Sample size: 52
Level of aggregation: Organisations
Period of material under study: 2012-2013