Fiil-Flynn, Palmedo, and Izquierdo (2021)

Source Details

Fiil-Flynn, Palmedo, and Izquierdo (2021)
Title:	Research Exceptions in Comparative Copyright Law
Author(s):	Sean M. Fiil-Flynn, Michael Palmedo, Andrés Izquierdo
Year:	2021
Citation:	Flynn, Sean; Palmedo, Michael; Izquierdo, Andrés. "Research Exceptions in Comparative Copyright Law". (2021) PIJIP/TLS Research Paper Series no. 72.
Link(s):	Definitive , Open Access
Key Related Studies:
Discipline:	O34: Intellectual Property and Intellectual Capital
Linked by:

About the Data
Data Description:
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Document Research
Data Analysis Methods:	Textual Content Analysis Legal Analysis
Industry(ies):	Publishing of books, periodicals and other publishing Libraries, archives, museums and other cultural activities
Country(ies):	Worldwide
Cross Country Study?:	Yes
Comparative Study?:	Yes
Literature review?:	No
Government or policy study?:	No
Time Period(s) of Collection:
Funder(s):

Abstract

“Recent scholarship has highlighted the positive impact on scholarship of copyright exceptions for text and data mining and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. In this report, we release the results of the first such study. We show that every copyright law in the world has at least one exception to promote research uses of copyrighted works, but that such exceptions vary widely between countries. We conclude that the world’s exceptions for research can be categorized along a spectrum from the most open to (Green in our map) to the most closed (Red) to research uses. Only the green countries in our categorization have adequate limitations and exceptions to permit academic text and data mining research projects. This analysis may be useful to policy makers searching for models for domestic reform, to scholars looking for independent variables to use in impact analysis, and to international policy makers seeking to promote harmonization in research uses across countries.”

Main Results of the Study

Examines the scope of copyright exceptions for academic use by collecting respective laws, categorising, and mapping alleviation of copyright barriers globally

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
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)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

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