Kim (2007)

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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

Kim (2007)
Title: The Creative Commons and Copyright Protection in the Digital Era: Uses of Creative Commons Licenses
Author(s): Kim, M.
Year: 2007
Citation: Kim, M. (2007). The Creative Commons and Copyright Protection in the Digital Era: Uses of Creative Commons Licenses. Journal of Computer‐Mediated Communication, 13(1), 187-209.
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: Surveys conducted from February 9, 2005 to March 6, 2005. 4 in-depth interviews conducted on March 16 in New York City and on March 18, 2005 in Washington D.C.

280 licensors participated in the survey. 1000 web pages used for content analysis.

The population for the content analysis consists of all CC-licensed work, while the population for the web-based survey consists of all CC licensors.Description of Data: Here, please describe the type and quantity of data used. E.g. face-to-face survey of consumers intention to purchase for various electronics goods, gathered from 645 consumers in April 2013.

Data Type: Primary 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, 2013
Funder(s):

Abstract

As digital technology thrusts complexity upon copyright law, conflict has escalated between copyright holders desperate to institute a vigorous enforcement mechanism against copying in order to protect their ownership and others who underscore the importance of public interests in accessing and using copyrighted works. This study explores whether Creative Commons (CC) licenses are a viable solution for copyright protection in the digital era. Through a mixed-methods approach involving a webbased survey of CC licensors, a content analysis of CC-licensed works, and interviews, the study characterizes CC licensors, the ways that CC licensors produce creative works, the private interests that CC licenses serve, and the public interests that CC licenses serve. The findings suggest that the Creative Commons can alleviate some of the problems caused by the copyright conflict.

Main Results of the Study

The study explores whether Creative Commons (CC) licenses are a viable solution for copyright protection in the digital era. Three findings from the surveys

  1. Single authorship was dominant form of CC license creation (90% were inividually created), Creators appreciated being able to use others work.
  2. CC licensors identified diverse private interests and were satisfied how CC addressed them, such as, reputation building and economic interests
  3. CC has served the public interest by providing a pool of cultural works that everyone can use and thus facilitating later creation Studies results contradict assumptions about copyright,such as...
  • More protection is always better In fact many CC licensors acknowledged their intellectual debt to other authors and allowing later authors to make derivative works was more important than exercising full control over their IP
  • People who hold IP in commercially valuable IP would not use CC licenses. CC licenses are used to build reputation and used to market commercially valuable works.
  • “Build your own IP” allowed by CC was always available through individual contracts and licenses under copyright. CC made using other copyright easier and clearer than with copyright.

Policy Implications as Stated By Author

Promoting CC licensing could be an efficient way to increase social welfare

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)?
Green-tick.png
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)
Green-tick.png
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)
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)
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: 280
Level of aggregation: Individual
Period of material under study: 2013