Stobo, Patterson, Erickson and Deazley (2018)

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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

Stobo, Patterson, Erickson and Deazley (2018)
Title: ‘I should like you to see them some time': an empirical study of copyright clearance costs in the digitisation of Edwin Morgan's scrapbooks
Author(s): Victoria Stobo, Kerry Patterson, Kristofer Erickson, Ronan Deazley
Year: 2018
Citation: Stobo, V., Patterson, K., Erickson, K., and Deazley, R. (2018) ‘I should like you to see them some time': an empirical study of copyright clearance costs in the digitisation of Edwin Morgan's scrapbooks. Zenodo. http://doi.org/10.5281/zenodo.1305167
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by: Stobo, Erickson, Bertoni and Guerrieri (2018)
About the Data
Data Description: The study involved a live rights clearance simulation, which quantifies the time and monetary costs of obtaining copyright permissions in respect of the Edwin Morgan scrapbooks. This simulation was conducted by a qualified archivist, in respect of 432 literary and artistic works which were contained within the first 30 pages of volume 12 of the scrapbooks. Costs and labour estimates were based on the use of two legal instruments, namely the UK IPO Orphan Works Licensing Scheme, and the EU Orphan Works database.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • Spring 2014
Funder(s):
  • CREATe

Abstract

Purpose – The inability of cultural institutions to make available digital reproductions of collected material highlights a shortcoming with the existing copyright framework in a number of national jurisdictions. Overlapping efforts to remedy the situation were recently undertaken in the form of EU Directive 2012/28/EU, the ‘Orphan Works’ directive, and a new licensing scheme introduced by the UK Intellectual Property Office (UKIPO). This study empirically evaluates both the EU and UK policy approaches, drawing on data collected during a live rights clearance simulation.

Design/methodology/approach – The authors attempted to clear rights in a sample of 432 items contained in the mixed-media Edwin Morgan Scrapbooks collection held by the University of Glasgow Library. Data were collected on the resource costs incurred at each stage of the rights clearance process, from initial audit of the collection, through to compliance with diligent search requirements under EU Directive 2012/28/EU and the UKIPO licensing procedures.

Findings – Comparing results against the two current policy options for the use of orphan works, we find that the UKIPO licensing scheme offers a moderate degree of legal certainty but also the highest cost to institutions (the cost of diligent search in addition to licence fees). The EU exception to copyright provides less legal certainty in the case of rightsholder re- emergence, but also retains high diligent search costs. Both policy options may be suitable for institutions wishing to make use of a small number of high-risk works, but neither approach is currently suitable for mass digitisation.

Research limitations/implications – This rights clearance exercise is focused on a single case study with unique properties (with a high proportion of partial works embedded in a work of bricolage). Consequently, the results obtained in this study reflect differences from simulation studies on other types of orphan works. However, by adopting similar methodological and reporting standards to previous empirical studies, we can compare rights clearance costs between collections of different works.

Originality/value – This study is the first to empirically assess the 2014 UK orphan works licensing scheme from an institutional perspective. We hope that it will contribute to an understanding of how policy could more effectively assist libraries and archives in their digitisation efforts.”

Main Results of the Study

UK IPO Orphan Works Licensing Scheme: Obtaining rights in respect of a portion of the works contained in the scrapbooks would cost an estimated £4,448.62 in licensing fees. This would cost a further £39,860.92 in labour costs, totalling 1.8 years to complete all applications and clearances.

EU Orphan Works Directive/Database: In order to comply with the UK requirement of conducting a “diligent search” in respect of orphan works, an estimated 31.6 minutes is required per work (noting that the scrapbooks contained approximately 25,164 orphan works). Based on this, £142,931.52 would be required in labour costs, totalling around 6.4 years to achieve.

The sum total of digitising the scrapbook project would be an estimated £187,241.06, taking approximately 8.2 years. The authors conclude that this makes the digitisation process “unserviceable”. Nonetheless, portions of the scrapbooks have been made available online, under exceptions for non-commercial research, quotation, criticism, and review; the study concludes that “no takedown requests or complaints have been received in relation to the sample, as yet”.

Policy Implications as Stated By Author

Whilst the legal instruments examined here offer cultural heritage institutions more legal certainty, the administrative costs of obtaining copyright permissions remain high. In absence of any regulatory solution, the authors suggest (a) that copyright law should be made more understandable and accessible to cultural heritage workers vis a vis educational programs, and (b) that cultural heritage institutions should be provided with detailed case studies and guidance, particularly in relation to risk management when digitising copyrighted content.



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)
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)
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