Difference between revisions of "Max Planck Institute (2013)"

From Copyright EVIDENCE
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|Title=Copyright, Competition and Development
 
|Title=Copyright, Competition and Development
 
|Year=2013
 
|Year=2013
|Full Citation=Copyright, Competition and Development, Max Planck Institute,
+
|Full Citation=Copyright, Competition and Development, Max Planck Institute (2013).
|Cross-country=No
+
|Abstract=The Report is motivated by the increasing economic importance of copyright-protected
 +
works, including most diverse subject‐matter of protection ranging from
 +
cultural content, media and information products to more technology‐based
 +
computer programs, including in emerging economies and developing countries.
 +
Growing populations in such countries provide a large basis of human resources for
 +
creativity and, at the same time, lead to large consumer markets. Copyright‐related
 +
activity therefore has to be recognised as an important factor of economic
 +
development around the world but also and particularly in emerging economies and
 +
developing countries.
 +
The objectives of the Report are basically threefold: (i) The Report aims at making
 +
accessible a large body of competition law practice around the world as guidance for
 +
competition law enforcers in other jurisdictions. (ii) It also tries to promote general
 +
knowledge and understanding of how competition law should be applied to
 +
copyright‐related markets. (iii) The Report is also meant to provide benefits for
 +
international copyright policy. With its market‐oriented analysis, competition law can
 +
provide new insights on how markets for authorised use.
 +
|FundamentalIssue=4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption),
 +
|EvidenceBasedPolicy=D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability),
 +
|Description of Data=The Report is based on two research methods, namely,  survey and traditional legal research on case‐law, done mainly by using available Internet resources. In addition, many contact persons, most at local universities, provided additional insights by answering the Questionnaire. The agencies of more experienced competition jurisdictions, where access to decisions is not a problem, did not receive the Questionnaire.
 +
|Data Year=September to December 2012
 +
|Country=Global;
 +
|Cross-country=Yes
 
|Comparative=No
 
|Comparative=No
 
|Government or policy=Yes
 
|Government or policy=Yes
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|Funded By=World Intellectual Property Office;
 
|Funded By=World Intellectual Property Office;
 
}}
 
}}
|Dataset={{Dataset}}
+
|Dataset={{Dataset}}{{Dataset
 +
|Data Material Year=2012
 +
}}
 
}}
 
}}

Revision as of 11:34, 23 August 2015

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education Libraries, archives, museums and other cultural activities

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing Video game publishing 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

Max Planck Institute (2013)
Title: Copyright, Competition and Development
Author(s): Max Planck Institute
Year: 2013
Citation: Copyright, Competition and Development, Max Planck Institute (2013).
Link(s): ,
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The Report is based on two research methods, namely, survey and traditional legal research on case‐law, done mainly by using available Internet resources. In addition, many contact persons, most at local universities, provided additional insights by answering the Questionnaire. The agencies of more experienced competition jurisdictions, where access to decisions is not a problem, did not receive the Questionnaire.
Data Type:
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: No
Literature review?: No
Government or policy study?: Yes
Time Period(s) of Collection:
  • September to December 2012
Funder(s):
  • World Intellectual Property Office

Abstract

The Report is motivated by the increasing economic importance of copyright-protected works, including most diverse subject‐matter of protection ranging from cultural content, media and information products to more technology‐based computer programs, including in emerging economies and developing countries. Growing populations in such countries provide a large basis of human resources for creativity and, at the same time, lead to large consumer markets. Copyright‐related activity therefore has to be recognised as an important factor of economic development around the world but also and particularly in emerging economies and developing countries. The objectives of the Report are basically threefold: (i) The Report aims at making accessible a large body of competition law practice around the world as guidance for competition law enforcers in other jurisdictions. (ii) It also tries to promote general knowledge and understanding of how competition law should be applied to copyright‐related markets. (iii) The Report is also meant to provide benefits for international copyright policy. With its market‐oriented analysis, competition law can provide new insights on how markets for authorised use.

Main Results of the Study

Policy Implications as Stated By Author

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)
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)
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)
Green-tick.png

Datasets

Sample size:
Level of aggregation:
Period of material under study:


Sample size:
Level of aggregation:
Period of material under study: 2012