Stratton (2011)

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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

Stratton (2011)
Title: Seeking New Landscapes: A rights clearance study in the context of mass digitisation of 140 books published between 1870 and 2010
Author(s): Stratton, B
Year: 2011
Citation: Stratton, B. (2011). Seeking New Landscapes: A rights clearance study in the context of mass digitisation of 140 books published between 1870 and 2010. London: British Library/ARROW http://pressandpolicy. bl. uk/imagelibrary/downloadMedia. ashx.
Link(s): Definitive , Open Access
Key Related Studies:
Discipline:
Linked by: EIFL (2013), Stobo, Patterson, Erickson and Deazley (2018)
About the Data
Data Description:
Data Type:
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:
Funder(s):

Abstract

The purpose of the study was to examine the rights clearance process, rather than actually digitise. It used a random selection as possible of 140 books published between 1870 and 2010 – 10 per decade – from the collection of the British Library. The study sought to determine whether permission could be received to digitise them and to achieve the following goals: a. Identify the copyright status of the material and the proportion of ‘orphan works’ (those in-copyright works whose owners cannot be identified or located). ii. Measure and quantify the level of diligent search currently required to undertake mass digitisation of material from the last 140 years. iii. Understand the relationship between commercial activity of library collection items and wider availability. iv. Compare the outputs of a ‘manual’ diligent search for rights holders against the ‘automated’ ARROW system.

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
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)
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)
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: 140
Level of aggregation: Books
Period of material under study: Non-stated