Cuntz (2020)

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

Cuntz (2020)
Title: Grand rights and opera reuse today
Author(s): Cuntz, A.
Year: 2020
Citation: Cuntz, A. (2020) Grand rights and opera reuse today. WIPO Economic Research Working Paper No.62
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Data were obtained from operabase.com, constituting details of 142,000 opera performances. The study focusses on a subset of works whose copyright status changes over the observation periods.
Data Type: Primary and Secondary 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:
  • 2012 – 2013
  • 2017 – 2018
Funder(s):

Abstract

“This article studies the economic role of grand rights in the incentives to stage and reuse works from the opera canon. It complements previous research on the incentives to create new opera (Giorcelli and Moser, 2020) in the way it looks at copyright taxing availability and follow-on creativity around works. Based on a unique dataset of global opera performances, we find that changes in copyright status increase the number of total performances individual works receive on stage once copyright expires. Moreover, we provide preliminary evidence on chilling, long-term effects of status around premiering operas and revivals at the beginning of the copyright term. Based on these findings, we discuss limitations of the study and novel options for copyright policy frameworks.”

Main Results of the Study

• Works under copyright are performed less frequently than works out of copyright (by approx. 10 – 15%). Even historical copyright status limits the diffusion of works across time. The study attributes this to the need for an opera house to secure the licensing rights to in copyright performance, making public domain works more attractive.
• In combination, these two factors limit the premiering of reused materials in new stage productions, which may reduce the diversity of content available at opera.

Policy Implications as Stated By Author

The study recommends that copyright should be aligned to account for incentives to create, and reconsider the effect of long copyright terms on reuse activities, particularly where this results in high transaction costs, and a lack of diversity in performances.


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)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
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)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 142,000
Level of aggregation: Performances
Period of material under study: 2012 – 2013, 2017 – 2018