Khaosaeng (2019)
Contents
Source Details
Khaosaeng (2019) | |
Title: | The Conflicts between Copyright and the Norms of Online Re-Creations: An Empirical Analysis |
Author(s): | Khaosaeng, K. |
Year: | 2019 |
Citation: | Khaosaeng, K. (2019) The Conflicts between Copyright and the Norms of Online Re-Creations: An Empirical Analysis. ASEAN Journal of Legal Studies, 2(1) |
Link(s): | Open Access |
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About the Data | |
Data Description: | The study uses two methods of data collection: • A survey with global reach, totalling 302 respondents, and; • Interviews with a total of 23 creators and re-creators, conducted at three pop culture conventions in London and Washington state. |
Data Type: | Primary data |
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Country(ies): | |
Cross Country Study?: | Yes |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
Time Period(s) of Collection: |
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Abstract
“As a fundamental principle, by granting exclusive rights, copyright provides economic incentives to encourage authors and artists to express their ideas, and in that process, create a new work. As a general rule, when using a protected work, a person needs permission from the copyright holder of such work. However, this article finds that: economic interests provided by copyright are not the primary incentives for authors to create a work; and due to some obstacles, people cannot conform to the copyright rule that permission to use a copyright work is required. These conclusions are supported by an original empirical study on the social norms concerning the practice of online re-creations.”
Main Results of the Study
The study finds that copyright is not the core incentive of creation. The majority of participants reported that they re-create for enjoyment, fun and a love of the underlying work it. By contrast, monetary motivations do not play a significant role (with only 3% of respondents confirming that this is a motivating factor).
Whilst many participants would like to ask permission to re-use work (46%), in practice none have ever been able to do so due to practical obstacles. These include difficulties in communicating and negotiating with primary creators, which may result in an unwillingness to authorise or cost-prohibitive licence to re-use.
Where copying is direct, most re-creators (55%) think that payment should only be made to the primary creator where they are using the re-creation commercially and earning money from it. Where the copying is indirect, many participants (40%) think that payment is not necessary.
Policy Implications as Stated By Author
Whilst the study does not make any explicit policy suggestions, it concludes that:
• the law should be in alignment with the empirical nature of human creativity, and;
• efforts should be made to make obtaining permission more practicable.
Coverage of Study
Datasets
Sample size: | 304 |
Level of aggregation: | Individual |
Period of material under study: | October 2014 - September 2015 |
Sample size: | 23 |
Level of aggregation: | Creators |
Period of material under study: | October 2014 - September 2015 |