Heald (2008)

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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

Heald (2008b)
Title: Testing the Over- and Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) and Their Use in Cinema (1968-2007)
Author(s): Heald, P. J.
Year: 2008
Citation: Heald, P. J. (2008). Testing the Over- and Under-Exploitation Hypotheses: Bestselling Musical Compositions (1913-32) and Their Use in Cinema (1968-2007). U of Chicago, Public Law Working Paper, (234).
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by: Buccafusco and Heald (2012), Flynn, Giblin and Petitjean (2019), Heald (2014a), Heald (2014b), Heald, Shi, Stoiber and Zheng (2012a), MacGarvie, McKeon and Watson (2018), Reimers (2019)
About the Data
Data Description: Identified the 1294 most popular musical compositions from 1913-32 and focuses on the 74 most enduringly valuable of those compositions. The years 1968-2007 were chosen because the compositions from 1913-22 began to fall into the public domain in1988, the mid-point in that timeline.

Songs (full list) were then tracked in the Internet Movie Database (www.imdb.com).

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?:
Government or policy study?:
Time Period(s) of Collection:
  • 1913-32 and 1968-2007
Funder(s):

Abstract

Some economists assert that as valuable works transition from copyrighted status and fall into the public domain they will be underexploited and their value dissipated. Others insist instead that without an owner to control their use, valuable public domain works will be overexploited or otherwise debased. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true as it applies to the exploitation of songs in movies from 1968-2007. When compositions fall into the public domain, they are more likely to be exploited in movies, suggesting no under-exploitation. And the rate of exploitation of these public domain songs is no greater than that of copyrighted songs, indicating no congestion externality. The absence of market failure is likely due to producer and consumer self-regulation.

Main Results of the Study

Songs that were in the public domain appeared more in movies without controlling for popularity of books or period effects. Controlling for both there was no effect of copyright status on the probability of a song appearing in movies.

The paper concludes that the market works just as efficiently before the copyright extension act as it did before the extension,.

Suggesting that the extension was redundant in terms of avoiding under and over exploitation of works.

The author also finds it very unlikely that a work would be debased when when in the public domain

Policy Implications as Stated By Author

Place the burden of proof on those who predict valuable works in the public domain will suffer from serious market failure.

Legislative response should be very specifically targeted to a very narrow set of work.

Blanket term extensions cannot be justified by handful of narrow unproven hypothesis.

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)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
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