Hargreaves (2011)

Source Details

Hargreaves (2011)
Title:	Digital Opportunity: A Review of Intellectual Property and Growth
Author(s):	Hargreaves, I.
Year:	2011
Citation:	Hargreaves, I. (2011). Digital Opportunity. A Review of Intellectual Property and Growth,
Link(s):	Definitive , Open Access
Key Related Studies:	Gowers (2006) Greenhalgh, Phillips, Pitkethly, Rogers and Tomalin (2010)
Discipline:	A1: General Economics
Linked by:	Brassell and Goodyer (2015), Camerani, Grassano, Chavarro and Tang (2013), EIFL (2013), Erickson and Kretschmer (2018), European Commission (2013), Favale, Homberg, Kretschmer, Mendis and Secchi (2013), Flaherty (2020), Frosio (2017), Hooper and Lynch (2012a), Hooper and Lynch (2012b), Intellectual Property Office (2015b), Intellectual Property Office (2018), Kantar Media (2015), Korn (2009), Kretschmer (2011), Kretschmer and Towse (2013), Ofcom-Kantar (2013), Searle (2011), Stannard (2015), United States Copyright Office (2011), United States Copyright Office (2013b)

About the Data
Data Description:
Data Type:	Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:	Quantitative Collection Methods Qualitative Collection Methods
Data Analysis Methods:	Quantitative Analysis Methods Qualitative Analysis Methods
Industry(ies):	Publishing of books, periodicals and other publishing Software publishing (including video games) Film and motion pictures Television programmes Sound recording and music publishing Programming and broadcasting Computer programming Specialised design Photographic activities Translation and interpretation Cultural education Creative, arts and entertainment
Country(ies):	UK
Cross Country Study?:	No
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	Yes
Time Period(s) of Collection:	2010-2011 Pre-2011
Funder(s):	HM Treasury

Abstract

When the Prime Minister commissioned this review in November 2010, he did so in terms which some considered provocative. The Review was needed, the PM said, because of the risk that the current intellectual property framework might not be sufficiently well designed to promote innovation and growth in the UK economy.

In the five months we have had to compile the Review, we have sought never to lose sight of David Cameron’s “exam question”. Could it be true that laws designed more than three centuries ago with the express purpose of creating economic incentives for innovation by protecting creators’ rights are today obstructing innovation and economic growth?

The short answer is: yes. We have found that the UK’s intellectual property framework, especially with regard to copyright, is falling behind what is needed. Copyright, once the exclusive concern of authors and their publishers, is today preventing medical researchers studying data and text in pursuit of new treatments. Copying has become basic to numerous industrial processes, as well as to a burgeoning service economy based upon the internet. The UK cannot afford to let a legal framework designed around artists impede vigorous participation in these emerging business sectors.

This does not mean, however, that we must put our hugely important creative industries at risk. Indeed, these businesses too need change, in the form of more open, contestable and effective global markets in digital content and a setting in which enforcement of copyright becomes effective once more.

The Review sets out how this can be achieved. We have focused upon the main issues, at the risk of ignoring important points of detail, and have tried to set out a clear, strategic argument, supported with just ten recommendations. We are also making available online a number of documents which explore the available evidence and submissions made to the Review. If the Review’s recommendations are followed, the result will be more innovation and more economic growth.

Our intellectual property framework will face further significant pressure to adapt in the coming years, as we make our way into the third decade of the commercial internet. We urge Government to ensure that in future, policy on Intellectual Property issues is constructed on the basis of evidence, rather than weight of lobbying, and to ensure that the institutions upon which we depend to deliver intellectual property policy have clear mandates and adaptive capability. Without that, the pile of IP reviews on the Government’s doorstep – four in the last six years – will continue to accumulate.

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)