Libson and Parchomovsky (2019)

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

Libson and Parchomovsky (2019)
Title: Toward the Personalization of Copyright Law
Author(s): Libson, A., Parchomovsky, G.
Year: 2019
Citation: Lisbon, A. and Parchomovsky, G. (2019), Toward the Personalization of Copyright Law, University of Chicago Law Review, Vol. 86 No. 2.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The analysed data contain demographic characteristics of consumers of copyrighted content as followed:

•Data from the Consumer Expenditure Survey of the Bureau of Labor Statistics, which provides a general picture of audio and video purchases. (2016); and
•Data from ComScore, which provides detailed information regarding the online consumption patterns of over eighty thousand households from various backgrounds and includes full demographic characteristics (2018). Data for two categories of online purchases were obtained: Purchase of Music (ComScore category twenty-two) and Purchase of Movies and Videos (ComScore category twenty-three). The dataset contains observations for 81,417 households (3,315 observations of audio content and 10,726 observations of video content).

Data Type: 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:
  • 2016
  • 2018
Funder(s):

Abstract

“In this Essay, we provide a blueprint for personalizing copyright law in order to reduce the deadweight loss that stems from its universal application to all users, including those who would not have paid for it. We demonstrate how big data can help identify inframarginal users, who would not pay for copyrighted content, and we explain how copyright liability and remedies should be modified in such cases.”

Main Results of the Study

The availability of personalized consumption data has the potential to transform copyright law in three different ways: First, it will reduce the deadweight loss associated with copyright protection. Second, it calls for the adoption of differential statutory damages categories that take into account users’ propensities to pay for copyrighted content. Finally, it provides a prima facie case for exempting users with certain characteristics from copyright liability.

Policy Implications as Stated By Author

In terms of policy implications, according to the authors, by enabling differential pricing of copyrighted content, personalized consumption data can reduce the deadweight loss associated with copyright protection. Moreover, they argue that some consumption patterns suggest that a more limited copyright regime should apply to certain population segments with a lower propensity to purchase copyrighted content. Finally, based on their findings, they propose that different sanctions should be imposed for unauthorized uses of copyrighted content taking into account users’ characteristics. They suggest that personalizing copyright protection based on certain characteristics of copyright users would not only enhance welfare, since it would increase the use of copyrighted content, but also allow a fairer and more efficient copyright enforcement regime.


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)
Green-tick.png

Datasets

Sample size: 81,417
Level of aggregation: Households
Period of material under study: 2016, 2018