Introducing Copyright Evidence
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Copyright Evidence is a digital resource developed by CREATe at the University of Glasgow. The purpose of the Wiki is to categorise existing empirical studies on copyright to inform public debate and policy based on rigorous evidence. Among others, the evidence is catalogued by country, industry and research method, offering an in-depth view of existing findings. The evidence from empirical studies can be complemented with new results from CREATe research databases, such as those related to online consumption behaviour ( OMeBa), litigation of IP cases ( Litigation Explorer) and real-time infringement on file sharing networks ( IPWatchr).
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More about Copyright Evidence
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Copyright Evidence intends to establish a body of evidence that allows better decision making in a contested policy field. Competing claims can be assessed and challenged transparently using underlying data and methods. Robustness and limitations of findings are carefully collected and are available here for all to reference.
This project is a form of dynamic literature review in a rapidly changing technological, business and socio-legal landscape. Only very recently, new research methods in combination with the development of big data techniques, which are richer both in size and in depth, have allowed researchers to test empirically key theoretical propositions and forced them to build theories which are consistent with observation. This generated the need to evaluate political decisions and design policy interventions based on evidence.
This open online platform builds on an innovative research philosophy and examines copyright from an interdisciplinary perspective, while it also facilitates bringing evidence to the debate from studies in fields that were previously overlooked. Relevant empirical work spreads across conventional methodological and disciplinary boundaries and it does not need to have "copyright" in the title.
A crucial dimension of the existing evidence examines different stages of production (e.g. creation, innovation, diffusion, distribution), in various creative industries (e.g. music, film and motion pictures, TV programmes, computer software, books), and estimates the effects of copyright on diverse agents in each sector, such as creators, investors, distributors, users or society as a whole. The fact that the impact of copyright law differs across various actors, industries and demographic groups, implies the need for more specific policies (for instance, even though the Ofcom (2011) survey provides evidence of heterogeneous consumption patterns, this remains an understudied aspect in most of the existing studies).
The transition to a global digital economy is associated with new challenges for enforcement authorities, for copyright law and for new business models. Imaginative use of the increasing volume of data is crucial for the design of more effective policies at the national and international level. Importantly, the effects of copyright protection and infringement for welfare, creativity and innovation require that policy decision making be consistent with rigorous empirical analysis.
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I. Fundamental issues about the copyright incentive
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1. Relationship between protection and economic performance (452)
This field includes studies that examine the connection between copyright protection (e.g. subject matter, term, scope) and economic performance (e.g. supply, economic growth, welfare). Papers in this category often link different legal and institutional settings to economic performance (e.g. through historical counterfactuals) and also may examine non-IP markets (e.g. recipes, jokes, formats, fashion).
2. Relationship between creative process, incentives and legal rules (168)
This field includes studies that focus on what motivates creators (e.g. attribution, control, remuneration, time allocation, intrinsic and extrinsic motivation). Among others, the papers included under this category connect to the literature on labour markets and earnings, and the production of culture literature (e.g. linking rules on adaptation, sampling, co-authorship to aesthetic outcomes).
3. Contracts, harmony and conflict of interests between creators and investors (71)
This field includes studies that examine the common assumption of a harmony of interests between creators (e.g. authors, performers) and investors (e.g. publishers, producers), a simplifying hypothesis that facilitates analytical solutions, which however finds weak empirical support. Papers included under this category also examine collecting societies and relate to the area of contract theory.
4. Effects of protection on industry structure (264)
This field includes studies that examine the connection between copyright protection, competition and industry structure. Among others, the papers included under this category focus on monopolies, oligopolies, the economics of superstars, new business models, technology adoption and relate to the fields of industrial organisation and competition law.
5. Understanding consumption and use (489)
This field includes studies that examine human behaviour and in particular consumption and use. Among others, the papers included under this category focus on the determinants of unlawful behaviour and changing forms of consumption and use (e.g. user-generated content, social media, streaming) and relate to the areas of behavioural economics and consumer theory.
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II. Copyright policy issues
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A. Nature and scope of exclusive rights (215)
This field includes papers that examine policy issues related to the types of works that are eligible for copyright protection and the extent of the protection offered by exclusive rights and moral rights. Among others, the papers included under this category focus on the originality threshold, derivative works, hyperlinking, news aggregation, retransmission and resale.
B. Exceptions (153)
This field includes papers that examine policy issues related to whether materials which otherwise are subject to exclusive copyright protection should be available for justifiable use without seeking permission and whether existing exceptions and limitations facilitate creative and scientific progress. Among others, the papers included under this category distinguish exceptions and limitations for the purposes of innovation or public policy, open-ended provisions from closed lists, commercial and non-commercial uses.
C. Mass digitisation / orphan works (78)
This field includes papers that examine policy issues related to the process that enable mass digitisation of copyright protected content. Among others, the papers included under this category focus on potential solutions for orphan works and non-use of cultural works (e.g. exceptions, licensing schemes and extended collective licensing).
D. Licensing and business models (288)
This field includes papers that examine policy issues related to strategies and licensing solutions in the exploitation of copyright protected materials, and how legal markets attempt to match production to consumption. Among others, the papers included under this category examine collecting societies, metadata, copyright exchanges and hubs, windowing and crossborder access.
E. Fair remuneration (136)
This field includes papers that examine policy issues related to creators’ earnings. Among others, the papers included under this category focus on the sources of artistic income, royalty flows, copyright contracts and levies.
F. Enforcement (463)
This field includes papers that examine policy issues related to the optimal way to enforce the private right of copyright. Among others, the papers included under this category focus on quantifying infringement, technological measures of protection, intermediary liability, graduated responses, notice and takedowns, criminal sanctions, litigation and court data, copyright education and awareness.
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Example Visualisation
This network graph illustrates citation links between key related studies contained in the Evidence Wiki.
Create your own visualisations:
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Featured Study
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Steinmetz and Tunnell (2013)
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Steinmetz, K. F., & Tunnell, K. D. (2013). Under the pixelated Jolly Roger: A study of on-line pirates. Deviant Behavior, 34(1), 53-67.
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Semantic Drilldown
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This feature allows users to browse all studies in the Wiki. See all studies categorised by country, industry, research method, and more. Click here to try it.
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Methodology (Analysis)
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