Sinclair and Green (2016)

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

Sinclair and Green (2016)
Title: Download or stream? Steal or buy? Developing a typology of today's music consumer.
Author(s): Sinclair, G., Todd Green
Year: 2016
Citation: Sinclair, G and Green, T (2018) Download or stream? Steal or buy? Developing a typology of today's music consumer. Journal of Consumer Behaviour, 15(1), pp 3 - 14
Link(s): Definitive
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About the Data
Data Description: The study consists of a series of 35 interviews, initially with respondents who were known to have a significant level of interest in music, and thereafter (following a snowball sampling method) further participants were identified. Data from these interviews was then codified to create a typology of music consumers. The authors use piracy as a lens through which to create this typology, and consumers are placed on a continuum based on their preference to illegally consume music.
Data Type: Primary data
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Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
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Abstract

[[Has abstract::"This paper explores the impact that recent transformations in digital music technology (e.g. the increasing popularity of legal streaming platforms) have had on the consumer experience. Following 35 in-depth qualitative interviews, we have identified four key segments of contemporary music consumers (steadfast pirates, ex-downloaders, mixed tapes and the old schoolers [the disengaged]) based on a continuum of their preference for illegal music piracy. Examining key themes (e.g. morality, format, value and identity investment) to distinguish each segment, we contribute to a fragmented music piracy literature in particular through the identification of the 'ex-downloaders' and 'mixed tape' segments. Previous literature has tended to frame music piracy in very simplistic terms, failing to acknowledge a large number of consumers who are conflicted about their actions and rationalise their piracy in complicated and inconsistent ways related to the broader industry and their own sense of identity as a music consumer. Additionally, the discussion of the ex-downloader segment provides significant evidence that for a large number of consumers, a policy of participation, in the shape of providing superior alternatives for legal digital music consumption, can be much more beneficial in tackling the problem of piracy than previous strategies of policing and coercion. Managerial and future research implications are discussed."]]

Main Results of the Study

The study identifies four types of music consumers based on a continuum of preference for illegally consuming music: steadfast pirates; ex-downloaders; mixed tapes, and; old schoolers. Each type of consumer is distinguished based on e.g. levels of piracy, technological literacy, moral/guilt positions on piracy, preference for digital consumption etc. Of most significance (and in challenging dichotomies between e.g. “steadfast pirates” and “old schoolers”), the authors note that the “mixed tape” consumers (who use both a mix of legal and illegal consumption methods) are a new product of the contemporary music market, and are most likely to experience high levels of conflict and guilt. They may support small artists, but demonstrate disdain for mainstream music, leading to complex and inconsistent behaviours. Only a small minority of music consumers are responsive to fear and guilt appeals by the music industry, or legal threats (namely “old schoolers”). Instead, “mixed tapes” and “ex-downloaders” have migrated from piracy due to e.g. ease of access and the low-cost of digital platforms (such as Spotify). Justifications for continuing piracy are mainly on the basis of the lack-of-affordability of music, or a moral view of a “right” to access music. Other types, such as “mixed tapes” may justify their illegal consumption of music downloads by “making up for it” through e.g. gig attendance, or the purchase of merchandise.

Policy Implications as Stated By Author

The authors note that the very existence of an “ex-downloader” category of consumer supports the use of legal alternatives in an effort to reduce piracy. They note that criminalisation and stigmatisation (in the form of legal threats) only significantly influences the behaviour of “old schoolers”, with other groups being more responsive to moral obligations (e.g. to smaller artists). “Mixed tape” and “steadfast pirate” types, who demonstrate distrust of the mainstream music industry, may benefit from improved engagement with this industry, or encouragement to move to low-cost digital platforms such as Spotify (though the authors note some groups have concerns over the royalty scheme employed by these platforms, and the mistreatment of artists). Overall, the authors recommend a “policy of participation” rather than prosecution (e.g. by improving consumer experience rather than threatening them).



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)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
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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)
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)
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Datasets

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