Heald (2014a)

Source Details

Heald (2014a)
Title:	How Copyright Keeps Works Disappeared
Author(s):	Heald, P. J.
Year:	2014
Citation:	Heald, P. J. (2014). How Copyright Keeps Works Disappeared. Journal of Empirical Legal Studies, 11(4), 829-866.
Link(s):	Definitive,Definitive , Open Access
Key Related Studies:	Heald (2008) Buccafusco and Heald (2013)
Discipline:	D23: Organizational Behavior • Transaction Costs • Property Rights D42: Monopoly K00: General O31: Innovation and Invention: Processes and Incentives O34: Intellectual Property and Intellectual Capital
Linked by:	Heald (2015), Heald (2017a), Heald (2020a), Heald (2020b)

About the Data
Data Description:	The book study used a random sampling technique designed to collect information on representative new fiction books in the Amazon category “Literature and Fiction.” Only data on new books for sale by Amazon (no used books or books for sale by affiliates) were collected. The final sample included 2266 titles. Two samples of music were collected: (1) 134 movies sampled randomly from BoxOfficeMojo to produce 1078 identifiable soundtrack songs; (2) the top 100 highest-grossing movies of all time from BoxOfficeMojo to produce 836 identifiable soundtrack songs.
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Quantitative Collection Methods Quantitative data/text mining Qualitative Collection Methods Qualitative content/text mining
Data Analysis Methods:	Quantitative Analysis Methods Descriptive statistics (counting; means reporting; cross-tabulation) Quantitative content analysis (e.g. text or data mining) Qualitative Analysis Methods Ethnographic/narrative analysis Legal Analysis
Industry(ies):	Publishing of books, periodicals and other publishing Sound recording and music publishing
Country(ies):	United States
Cross Country Study?:	No
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	No
Time Period(s) of Collection:	Not specified
Funder(s):	Not stated

Abstract

A random sample of new books for sale on Amazon.com shows more books for sale from the 1880’s than the 1980’s. Why? This paper presents new data on how copyright stifles the reappearance of works. First, a random sample of more than 2000 new books for sale on Amazon.com is analyzed along with a random sample of almost 2000 songs available on new DVD’s. Copyright status correlates highly with absence from the Amazon shelf. Together with publishing business models, copyright law seems to deter distribution and diminish access. Further analysis of eBook markets, used books on Abebooks.com, and the Chicago Public library collection suggests that no alternative marketplace for out-of-print books has yet developed. Data from iTunes and YouTube, however, tell a different story for older hit songs. The much wider availability of old music in digital form may be explained by the differing holdings in two important cases Boosey & Hawkes v. Disney (music) and Random House v. Rosetta Stone (books).

Main Results of the Study

• Editions of books now in the public domain (published before 1923) constitute 72% of the total while editions of titles under copyright constitute 28%.

• Public domain books averaged 4 times more editions per title than the copyrighted books.

• The effect of copyright law on the availability of music as it appears on new DVDs sold by Amazon is also negative, but not as negative as books.

• Three times as many 60 to 80 year-old public domain songs were used in movies than those in the same category still protected by copyright.

Policy Implications as Stated By Author

• Copyright term extensions have clearly prevented the development of a market for re-printing the massive number of “missing” works from the 20th century. If availability matters, then further attempts to extend the copyright term should be resisted, not encouraged.

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

Sample size:	2266
Level of aggregation:	book titles
Period of material under study:	Not stated

Sample size:	1914
Level of aggregation:	songs
Period of material under study:	Not stated