Towse (2018)

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

Towse (2018)
Title: Copyright Reversion in The Creative Industries: Economics and Fair Remuneration
Author(s): Towse, R.
Year: 2018
Citation: Towse (2018) Copyright Reversion in The Creative Industries: Economics and Fair Remuneration. 41 Colum J.L. & Arts 467
Link(s): Open Access
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About the Data
Data Description: The study consists of a literature review of recent economic research on labour markets in the creative industries and the economics of contracts.
Data Type: Secondary data
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Cross Country Study?: No
Comparative Study?: No
Literature review?: Yes
Government or policy study?: No
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Abstract

“The European Commission proposal to harmonize fair remuneration in Member States in EC “on copyright in the Digital Single Market” included the proposal to harmonize a right to contract reversion. Fair remuneration is an ambiguous concept for economists: some EC documents imply the policy is required fo efficiency purposes, and in others, purely for equity reasons. Copyright to an extent attempts to deal with both and also at times confuses the two. This article tries to disentangle these issues.

Research commissioned by the European Union (the “EU”) prior to the proposal concentrated on the legal aspects rather than on the impact on markets. It would have benefitted from recent work in law and economics and in economics on reversionary rights as well as to a well-established body of research in cultural economics on labour markets of authors and performers in the cultural and media industries. That work shows both the variety of influences on motivation, incentives and contracts for creators, as well as exposing the difficulties of empirical research in this area.

The article discusses work that has been done in economics dealing with copyright contracts and with reversion and considers the contribution studies on labour markets in the creative industries could make to the policy proposals on fair remuneration for creators and performers.

Main Results of the Study

• Most markets operate with a ‘take-it-or-leave-it’ set of terms and conditions, with royalty rates being offered by the industry side to the author or performer.

• Copyright law may not be best suited to resolving the problem of fair remuneration (perhaps competition), given the lack of evidence on how copyright impacts the terms of contracts.

• Whilst reversion rights may improve availability of works, this does not appear to improve efficiency or motivate creators to increase their efforts in making new or better works. Instead, increasing evidence emphasises the intrinsic motivations of authors, who may not be incentivised by the prospect of financial award.

Policy Implications as Stated By Author

The study does not make any explicit policy suggestions, but instead queries whether copyright law alone can make contracts fairer by altering incentives (i.e. through fair remuneration).


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)?
Green-tick.png
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)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Green-tick.png
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

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