Fauchart and Hippel (2006)

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

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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

Fauchart and Hippel (2008)
Title: Norms-Based Intellectual Property Systems: The Case of French Chefs
Author(s): Fauchart, E., von Hippel, E.
Year: 2008
Citation: Fauchart, E., & Von Hippel, E. (2008). Norms-based intellectual property systems: The case of French chefs. Organization Science, 19(2), 187-201.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: Loshin (2007)
About the Data
Data Description: A quantitative, questionnaire-based study answered by 94 chefs was used for data.

Interviews were also conducted with 10 chefs for additional data.

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:
  • 2006
Funder(s):
  • None stated

Abstract

"In this paper we propose that “norms-based” intellectual property systems exist today, and are an important complement to or substitute for law-based intellectual property systems. Norms-based IP systems, as we define them, operate entirely upon the basis of implicit social norms that are held in common by members of a given community. Within that community, they offer functionality “similar to” contemporary law-based IP systems with respect to both the nature of rights protected and the effectiveness of protection provided.

We document the existence of a norms-based IP system among a sample of accomplished French chefs. These chefs consider recipes they develop to be a very valuable form of intellectual property. At the same time, recipes are not a form of innovation that is effectively covered by law-based intellectual property systems. Via grounded research, we identify three strong implicit social norms related to the protection of recipe IP. Via quantitative research, we find that accomplished chefs enforce these norms, and apply them in ways that enhance their private economic returns from their recipe-related IP.

In our discussion, we compare the attributes of norms-based and law-based IP systems, arguing that each has different advantages and drawbacks. We also point out that the existence of norms-based IP systems means that many “information commons” may prove to be criss-crossed by norms-based fences, with community access controlled by community IP owners."

Main Results of the Study

The authors identified three major social norms followed by Chefs:

  • First norm – ‘Anticopy norm’: Chefs consider copying another chef’s recipe to be very wrong.
  • Second norm: Although it is not generally explicitly asked of a chef, when he/she has been given proprietary information by a colleague, he/she will not pass it on to others without permission (this only applies to information that can be kept as trade secrets).
  • Third norm: Right to be acknowledged as the author of the recipe. The function of this norm is similar to the ‘moral rights’ of authors.

Two matters are explored in the study: (1) whether the norms identified via grounded research are actually being enforced by chefs, and (2) whether chefs are enforcing the norms in a way likely to increase their private innovation-related profits.

  • When they think that requesters are likely to violate the three identified norms, IP holders are significantly more likely to deny passing on secret IP and more so when the information requested is of high value. The decision to provide or withhold IP rests with the chef who holds that IP and relates to the perception he/she has of the attributes of the information seekers (not the actual attributes of that person).
  • The authors found that chefs who selectively reveal recipe-related information to a colleague seem to be engaging in informal information trading rather than altruism. They also find that Chefs were more likely to freely reveal high-value recipe information in a public forum and significantly more likely to freely reveal low-value information in a person-to-person context.
  • When asked why they would reveal some of their recipes to the public at large, the chefs tended to agree with the motives listed that clearly involved direct personal gain in the form of increased restaurant sales and enhanced personal reputations.
  • Having documented that accomplished French chefs both espouse and enforce IP-related norms, the authors conclude that a norms-based IP system exists among French chefs.
  • Although norms-based IP systems are effective and common in today’s economies, the authors conclude that more research is needed. They note that studying norm-based IP system would be useful to learn how the latter can be effectively applied in order to benefit innovators and society.

Policy Implications as Stated By Author

Policy implications: The study does not make any explicit policy recommendations



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)
Green-tick.png
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: 94
Level of aggregation: Chefs
Period of material under study: 2006


Sample size: 10
Level of aggregation: Chefs
Period of material under study: 2006