Difference between revisions of "Aguilar (2019)"

From Copyright EVIDENCE
(Created page with "{{MainSource |Source={{Source |Name of Study=Aguilar (2019) |Author=Ananay Aguilar |Title=We want Artists to be Fully and Fairly Paid for their Work’: Discourses on Fairness...")
 
 
(One intermediate revision by the same user not shown)
Line 8: Line 8:
 
|Abstract=“Elaborating on the President of the European Commission Jean-Claude Juncker’s agenda, EC Vice-President and Commissioner for the Digital Single Market Andrus Ansip wrote on his blog on 18th November 2015, “we want artists to be fully and fairly paid for their work”—the phrase that serves as the title to this article and that has reappeared in different guises throughout the process of EU copyright reform. By examining a case study on the Fair Internet for Performers Campaign—a campaign advanced in the context of the ongoing European copyright reform—I shed light on the powerful discourses on fairness that have dominated and shaped the reform process. Using discourse analysis, I found the concept of fairness to be mostly dependent on the stakeholders’ relative bargaining power and framed by hegemonic neo-liberal thought. Drawing on interviews, fieldwork, media, and the documentation produced by the European Union’s government throughout the process, the case study also illustrates the contested nature of copyright reform today.”
 
|Abstract=“Elaborating on the President of the European Commission Jean-Claude Juncker’s agenda, EC Vice-President and Commissioner for the Digital Single Market Andrus Ansip wrote on his blog on 18th November 2015, “we want artists to be fully and fairly paid for their work”—the phrase that serves as the title to this article and that has reappeared in different guises throughout the process of EU copyright reform. By examining a case study on the Fair Internet for Performers Campaign—a campaign advanced in the context of the ongoing European copyright reform—I shed light on the powerful discourses on fairness that have dominated and shaped the reform process. Using discourse analysis, I found the concept of fairness to be mostly dependent on the stakeholders’ relative bargaining power and framed by hegemonic neo-liberal thought. Drawing on interviews, fieldwork, media, and the documentation produced by the European Union’s government throughout the process, the case study also illustrates the contested nature of copyright reform today.”
 
|Link=https://www.jipitec.eu/issues/jipitec-9-2-2018/4731/?searchterm=aguilar
 
|Link=https://www.jipitec.eu/issues/jipitec-9-2-2018/4731/?searchterm=aguilar
|Reference=Rawls (2001); Kretschmer and Kawohl (2004); Kretschmer (2005); Vetulani-Cęgiel (2015); Aguilar (2018);
+
|Reference=Rawls (2001);Kretschmer and Kawohl (2004);Kretschmer (2005);Vetulani-Cęgiel (2015);Aguilar (2018)
|Plain Text Proposition=In relation to fair remuneration, the concept of ‘fair’ is fragmented amongst stakeholders, and is related to their respective bargaining power. The study finds that debates regarding fair remuneration in the Copyright in the Digital Single Market Directive were dominated by neoliberal thought, characterised by a desire for strong private property rights, free markets, free trade and maximising reach and frequency of market transactions (if necessary by state interference). The study finds that the prevalence of such discourses are largely unsurprising, as ideal neoliberal market conditions often coincide when a majority of artists have very low bargaining power (e.g. in winner takes all markets such as the music industry).
+
|Plain Text Proposition=In relation to fair remuneration, the concept of ‘fair’ is fragmented amongst stakeholders, and is related to their respective bargaining power. The study finds that debates regarding fair remuneration in the Copyright in the Digital Single Market Directive were dominated by neoliberal thought, characterised by a desire for strong private property rights, free markets, free trade and maximising reach and frequency of market transactions (if necessary by state interference). The study finds that the prevalence of such discourses are largely unsurprising, as ideal neoliberal market conditions often coincide when a majority of artists have very low bargaining power (e.g. in winner takes all markets such as the music industry).The study finds three concepts of fairness when discussing fair remuneration:• Fairness is tied to an unwaivable, equitable fair remuneration right. This position is most frequently forwarded by those with the least bargaining power (performers, less successful artists, performer CMOs and consumers).• Fairness requires preservation of the status quo. This position is more frequently forwarded by those with very high bargaining power, including record companies, highly successful artists and digital service providers.• Fairness requires artists’ individual freedom to decide whether to monetise their creations or not (an ideological stance). This position is most frequently forwarded by parties critical of the reform, including the Pirate Party.
 
+
|FundamentalIssue=1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
The study finds three concepts of fairness when discussing fair remuneration:
+
|EvidenceBasedPolicy=E. Fair remuneration (levies; copyright contracts)
 
 
• Fairness is tied to an unwaivable, equitable fair remuneration right. This position is most frequently forwarded by those with the least bargaining power (performers, less successful artists, performer CMOs and consumers).
 
 
 
• Fairness requires preservation of the status quo. This position is more frequently forwarded by those with very high bargaining power, including record companies, highly successful artists and digital service providers.
 
 
 
• Fairness requires artists’ individual freedom to decide whether to monetise their creations or not (an ideological stance). This position is most frequently forwarded by parties critical of the reform, including the Pirate Party.
 
|FundamentalIssue=1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare,
 
|EvidenceBasedPolicy=E. Fair remuneration (levies; copyright contracts),
 
 
|Discipline=O34: Intellectual Property and Intellectual Capital
 
|Discipline=O34: Intellectual Property and Intellectual Capital
 
|Intervention-Response=Whilst the study does not make any explicit policy recommendations, the author notes that the current language of articles 14-16 (regarding fair remuneration) is weak and short-sighted, and unlikely to address the immediate needs of the majority of authors.
 
|Intervention-Response=Whilst the study does not make any explicit policy recommendations, the author notes that the current language of articles 14-16 (regarding fair remuneration) is weak and short-sighted, and unlikely to address the immediate needs of the majority of authors.
Line 28: Line 20:
 
|Method of Analysis=Qualitative Analysis Methods, Discourse Analysis
 
|Method of Analysis=Qualitative Analysis Methods, Discourse Analysis
 
|Industry=Sound recording and music publishing;
 
|Industry=Sound recording and music publishing;
|Country=EU;
+
|Country=EU
 
|Cross-country=No
 
|Cross-country=No
 
|Comparative=No
 
|Comparative=No
Line 35: Line 27:
 
|Funded By=The Leverhulme Trust;
 
|Funded By=The Leverhulme Trust;
 
}}
 
}}
|Dataset=
 
 
}}
 
}}

Latest revision as of 12:44, 5 November 2019

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

Aguilar (2019)
Title: We want Artists to be Fully and Fairly Paid for their Work’: Discourses on Fairness in the Neoliberal European Copyright Reform
Author(s): Ananay Aguilar
Year: 2019
Citation: Aguilar, A. (2019) We want Artists to be Fully and Fairly Paid for their Work’: Discourses on Fairness in the Neoliberal European Copyright Reform. JIPITEC 9 (2)
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by: Aguilar (2019a)
About the Data
Data Description: Data were obtained from a case study of the ‘Fair Internet for Performers Campaign’, consisting of 15 interviews with representatives of nine stakeholder groups (including CMOs, record companies and authors), two political parties and one European civil servant. These interviews were supplemented through fieldwork in the record industry and at government events, as well as an analysis of primary literature.
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:
  • 2016 - 2017
Funder(s):
  • The Leverhulme Trust

Abstract

“Elaborating on the President of the European Commission Jean-Claude Juncker’s agenda, EC Vice-President and Commissioner for the Digital Single Market Andrus Ansip wrote on his blog on 18th November 2015, “we want artists to be fully and fairly paid for their work”—the phrase that serves as the title to this article and that has reappeared in different guises throughout the process of EU copyright reform. By examining a case study on the Fair Internet for Performers Campaign—a campaign advanced in the context of the ongoing European copyright reform—I shed light on the powerful discourses on fairness that have dominated and shaped the reform process. Using discourse analysis, I found the concept of fairness to be mostly dependent on the stakeholders’ relative bargaining power and framed by hegemonic neo-liberal thought. Drawing on interviews, fieldwork, media, and the documentation produced by the European Union’s government throughout the process, the case study also illustrates the contested nature of copyright reform today.”

Main Results of the Study

In relation to fair remuneration, the concept of ‘fair’ is fragmented amongst stakeholders, and is related to their respective bargaining power. The study finds that debates regarding fair remuneration in the Copyright in the Digital Single Market Directive were dominated by neoliberal thought, characterised by a desire for strong private property rights, free markets, free trade and maximising reach and frequency of market transactions (if necessary by state interference). The study finds that the prevalence of such discourses are largely unsurprising, as ideal neoliberal market conditions often coincide when a majority of artists have very low bargaining power (e.g. in winner takes all markets such as the music industry).The study finds three concepts of fairness when discussing fair remuneration:• Fairness is tied to an unwaivable, equitable fair remuneration right. This position is most frequently forwarded by those with the least bargaining power (performers, less successful artists, performer CMOs and consumers).• Fairness requires preservation of the status quo. This position is more frequently forwarded by those with very high bargaining power, including record companies, highly successful artists and digital service providers.• Fairness requires artists’ individual freedom to decide whether to monetise their creations or not (an ideological stance). This position is most frequently forwarded by parties critical of the reform, including the Pirate Party.

Policy Implications as Stated By Author

Whilst the study does not make any explicit policy recommendations, the author notes that the current language of articles 14-16 (regarding fair remuneration) is weak and short-sighted, and unlikely to address the immediate needs of the majority of authors.



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)
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

{{{Dataset}}}