Oliar and Matich (2014)

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

Oliar and Matich (2014)
Title: Copyright Preregistration:Evidence and Lessons from the First Seven Years, 2005-2012
Author(s): Oliar, D., Matich, N
Year: 2014
Citation: Oliar, D., & Matich, N. (2014). Copyright Preregistration: Evidence and Lessons from the First Seven Years, 2005-2012.
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by: Oliar, Pattison and Powell (2014)
About the Data
Data Description: We retrieved the preregistrations of all 6,086 works dated from the launch of the system in November of 2005 through December 31, 2012. Of these, 2,525 were later registered, and we retrieved all of these subsequent registrations as well.
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:
  • 2005-2012
Funder(s):

Abstract

In this Article, we study how the preregistration system was formed and then used in its first years. The analysis of the system’s use is informed, first, by a quantitative analysis of preregistration records. We retrieved the preregistrations of all 6,086 works dated from the launch of the system in November of 2005 through December 31, 2012. Of these, 2,525 were later registered, and we retrieved all of these subsequent registrations as well. We report various preregistration and subsequent registration statistics broken down by year, category of work, and type of preregistrant, and discuss several notable patterns in the data. Our analysis is also informed by interviews with lawyers and preregistrants, which we quote from throughout the Article, conducted in order to get insiders’ views of the system and to augment and help make sense of the quantitative data.

Main Results of the Study

The Article recommends that: * the duration of preregistrations should be limited; * preregistration (and other copyright) fees should vary with entity size. It offers lessons for formalities and copyright reform: * Digital-age formalities may not give rise to the distributional concerns that characterized old formalities; * newly minted formalities may limit, rather than expand, access to expressive works; * the rates of subsequent registration of preregistered works vary across categories and can inform copyright lawmaking; * the Copyright Office’s views may be affected by its institutional interest.The study recommended the desirability of limiting the duration of preregistrations and of varying preregistrations fees according to entity size. More generally, the study suggested that formalities may not necessarily entail an adverse distributive effect, nor a necessary beneficial effect on access to expressive works. Preregistration data provide valuable information concerning works’ effective commercial life that can help policymaking on copyright duration. The Copyright Office was suggested to have had an agency role in the creation of the preregistration system.

Policy Implications as Stated By Author

Our findings could also be used to reform copyright filing fees and better understand their effect. Landes and Posner’s “most interesting result” in their regression analysis was that registrations are highly sensitive to increase in fees.They thus suspect that many works have negligible expected value. Our data and interviews further suggest that the fee elasticity of preregistration likely changes with the type of preregistrant.



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: 6086
Level of aggregation: Preregistrations
Period of material under study: 2005-2012