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1.
This paper presents an economic analysis of the Visual Artist's Rights Act of 1990 (VARA) which provides attribution and integrity rights, commonly called moral rights, for defined types of artistic works. The paper shows that these laws may actually harm artists by adding contracting and transaction costs in the art market. For most works, these costs will be trivial because collectors have a strong self-interest in preserving works in good condition. These costs are more likely to be significant, however, for works subject to destruction or alteration in the future, such as site-specific works and works installed in buildings, because purchasers will require waivers rather than risk violating the Act. The paper also examines the few cases that have been litigated under VARA. Consistent with the economic model, these cases involve large-scale works by relatively unknown artists that have been destroyed by building projects. Finally, the paper presents an empirical analysis of state moral rights laws. Nine states enacted these laws prior to VARA. These laws had no significant effect on artist earnings but a positive and significant effect on the number of artists living and working in the state.  相似文献   

2.
Intellectual property and optimal copyright protection   总被引：1，自引：1，他引：0  
Copyright protection, or more generally, intellectual property rights, can be regarded as a means for the stimulation of production of information goods. This paper analyses the basic problem of production and dissemination of information and the role of copyright protection as an incentive for the producers of creative works. Using a simple model, it is shown that not only a cause for limiting the extent of copyright protection does exist, but that also an argument for a minimum level of protection can be found. Even optimal copyright protection, given the restriction that production and dissemination of information goods has to be co-ordinated by a market mechanism, however, does not lead to a first-best (allocatively efficient) solution. Hence, the judgment that copyright protection is the best solution to the basic problem can be grounded only on a comparative institutional approach.Indeed, one has ample reason to despair of finding a legal tenet that governs the rights of authors and artists. There exists no legal principle by which the state is forced to grant to authors a right in their creation. They cannot claim any right thereupon. This is not to say that the state shall not award such a right. On the contrary, there is every reason to treat them like the most favoured workers, as they deliver a work that is more robust than ashlar, and bring food that does not decay...  相似文献   

3.
This article compares and contrasts Adler and Rosen’s theories regarding the stardom and popularity of musical artists through the impact of local linguistic policies on consumers’ decisions to buy recorded music (CDs). Spain, with local linguistic policies implemented in Catalonia and the Basque Country, serves as an ideal quasi ‘natural experiment’ for testing these theories. The authors’ predictions are addressed within a multilevel regression framework, with two main results: first, contrary to Rosen’s predictions, the impact of local linguistic policies on the probability of buying music CDs is positive; second, local linguistic policies seem to contribute to increasing the production of music CDs in local languages, increasing the popularity of local artists with their audiences.  相似文献   

4.
The Moral Rights of Artists: Droit Moral ou Droit Pécuniaire?   总被引：1，自引：1，他引：0  
An artist's moral rights consist of the right to be identified as the creator of a work (Attribution), the right to decide when and whether to publish the work (Disclosure), the right to withdraw a work from circulation (Withdrawal), and the right to preserve the integrity of the work (Integrity). As there are two main schools of thought on the monetary aspects of copyright, so are there two schools on moral rights. Canada embodies two legal traditions, and so provides an interesting case study of moral rights legislation. The main interests for economists studying moral rights are (i) the extent to which moral rights should be tied to monetary rights, and (ii) the extent to which moral rights should be alienable.  相似文献   

5.
Why has cultural economics ignored copyright?   总被引：1，自引：1，他引：0  
My stance is that copyright policy should be viewed as part of cultural policy; cultural economists have had a great deal to say about subsidy and cultural policy but very little about copyright, though cultural economics is well placed to analyse copyright as an incentive to creativity in the creative industries because of its understanding of cultural policy and of artists’ labour markets. The article contrasts subsidy and copyright as policy tools and briefly discusses two current policy problems in relation to copyright—regulating copyright collection societies and the so-called ‘copyright levy’—arguing that these are the sort of issues cultural economists could (and should) be dealing with.
Ruth TowseEmail:
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6.
The purpose of this contribution is to move the study of performing rights forward and away from discussion of matters of principle to matters of implementation. Our procedure is to identify the chronological steps which have to be taken by composers or their representatives in ensuring that their property right can be exploited, resulting in payment for performances. At each step we shall attempt to offer observations, based principally but by no means solely on UK experience, on both the economic and legal issues that arise. The first stage in the exploitation of copyright is to create a work in a discernible form. In music this has traditionally taken the form of a score. However, today most popular music will take the form of a taped performance. This is followed by critical discussion of the term of copyright protection and whether a monopoly is created in respect of performing rights. In addition to performing rights, account has also to be taken of performers' rights, raising issues of where copyright protection ends and performers' rights begin. The second stage of exploitation is publication, promotion and performance of the work, a matter so complex that it has necessitated the establishment of collective organisations of authors and publishers to be effective. Policy issues arise about the relations between the members of such organisationsinter se, and between the organisations and users, and these are illustrated by a number of examples from the history of the British Performing Right Society. Disputes led to the establishment of specialist tribunals in the UK and elsewhere, and there have also been investigations of collecting societies by the British and EC competition authorities. The global market for music means that such issues transcend national frontiers, and there is some discussion of how performing rights are enforced internationally. The paper concludes by identifying a number of major issues: whether or not collecting societies operate against the consumer interest (it is suggested, generally not); the extent to which serious music is or should be subsidised by diversion of the income of the collecting societies in its support; and the possible extension of collective copyright administration into other fields, against the background of ever-increasing cross-border activity in cultural matters generally.  相似文献   

7.
We conduct an empirical analysis of the effect on the auction price of a Canadian painting of the age of the painter at the time of creation of the painting. We consider over two hundred artists, active over the entire history of Canadian art, who are pooled in the estimation of a hedonic regression in which a polynomial function in age enters as a regressor along with several other control variables. We consider the possibility that the age–price relationship has changed over time by: (a) estimating separate age–price functions for three generational groups of artists—those born before 1880, between 1880 and 1920, and after 1920 and thus coming of age in the world of post-war ‘contemporary art’ and (b) estimating a parameterization where the shape of the age–price profile is permitted to change continuously depending on the year of birth of the artist. Our principal result is that artists born more recently tend to ‘peak’ earlier in their careers than those of previous generations.  相似文献   

8.
This paper examines the economic accomplishments of individual members in a Performing Rights Organization (PRO), sometimes referred to as a Performing Rights Society. Today, there is the growing importance of intellectual property and copyright protection for authors and creators of literary, dramatic, musical, artistic and other intellectual works. The digital age has placed added pressure on songwriters, lyricists and composers in their ability to derive economic benefits from their intellectual creativity in the form of a copyright. Copyright laws protect and enable the creation of music by allowing authors and composers to license the control and use of their creations, and receive compensation in the form of royalty payments for their work. The PROs license, collect and distribute royalty payments for non-dramatic public performances of copyrighted musical works created and owned by its members or affiliates. In this paper, skewness and heavy tail of returns in the form of member royalty payments are estimated using the skew-normal and skew-t distributions in a parametric approach. We found strong evidence of the so-called ‘superstar effect’ in which the average royalty payment made by a PRO is still dominated by extreme outcomes, and relatively few members earned a substantial share of royalty payments from blockbuster hits that have endured over time. There is little evidence of smaller niche members dominating or replacing the ‘superstars.’ Economists and others will benefit from this empirical study which emphasizes a new understanding of the music industry from a PRO, member royalty payment and performance copyright perspective.  相似文献   

9.
The paper is concerned with the issue of whether international copyright legislation is effective in curbing audio software counterfeiting. The paper finds that copyright conventions have not been effective in reducing audio counterfeiting to comparatively low levels. This result holds even when allowances are made for the duration of copyright convention membership and the specificity of the articles of the convention. Economic development is found to be the main determinant of low counterfeit levels. This would tend to support anecdotal evidence which indicates that economic development is a necessary condition for the active recognition of audio property rights by the general public, judiciary and police. It is also consistent with a view that pirate audio software, being an inferior good, has a more buoyant market in less developed economies. From a policy perspective the research would seem to suggest that the extensive efforts and copious attention to detail by legal experts has made little impact on counterfeit activity and is secondary in importance to the socio-economic environment in which these laws are being applied.  相似文献   

10.
The protection of copyrights in the music industry has been of paramount concern as the popularity of digital music players, personal websites, and file-sharing continues to grow, each of which subsequently contributes to the persistence of Internet music piracy. While the Recording Industry Association of America (RIAA) links file-sharing to copyright piracy, others argue that file-sharing allows maximum exposure of artists’ music which in turn increases its value. While this debate continues, little empirical research has specifically addressed the behavioral aspects of the consumer. In this paper, we use survey data on university students to study how attitudes toward copyright law along with economic and demographic factors affect the extent of music copyright violations. We find that while students are responsive to economic incentives and perceptions of risk, the extent of these incentives has not reversed the overall propensity to engage in file-sharing.
Djeto AssaneEmail:
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11.
In recent years questions concerning the impact of public research funding have become the preeminent site at which struggles over the meanings and value of science are played out. In this paper we explore the ‘politics of impact’ in contemporary UK science and research policy and, in particular, detail the ways in which UK research councils have responded to and reframed recent calls for the quantitative measurement of research impacts. Operating as ‘boundary organisations’ research councils are embroiled in what might be characterised as the ‘politics of demarcation’ in which competing understandings of the cultural values of science are traded, exchanged and contested. In this paper we focus on the way the UK’s ‘Engineering and Physical Sciences Research Council’ (EPSRC) has responded to contemporary policy discourses concerning the impacts of public research expenditure. We argue that, in response to the shifting terms of contemporary science policy, the EPSRC has adopted three distinct strategies. Firstly, in collaboration with other research councils the EPSRC have emphasised the intellectual and metrological challenge presented by attempts to quantify the economic impact of public research expenditure, emphasising instead the cumulative impacts of a broad portfolio of ‘basic science’. Secondly, the EPSRC has sought to widen the discursive meaning of research impacts – specifically to include societal and policy impacts in addition to economic ones. Thirdly, the EPSRC has introduced a new framing into the ‘impact agenda’, preferring to talk about ‘pathways to impact’ rather than research impacts per se. In responding to government priority setting, we argue that the EPSRC has sought to exploit both the technical fragility of auditing techniques and the discursive ambiguity of notions of impact.  相似文献   

12.
This paper is based on a global sample of the 214 most prominent modern visual artists born 1850–1945. Two analytical methods are used to analyse the age at which artists produce their best works—one based on year-of-birth cohorts of modern visual artists and the other on stylistic groups. The cohort-analysis shows that the career patterns develop similarly over time for artists working in the USA and Europe; over time the artists’ peak ages first increase, reach their maximum for artists born between 1890 and 1909, and then decrease again. The study of stylistic groups shows that artists associated with Fauvism, the Nabis and Post-Impressionism experience an early peak, whereas artists associated with Surrealism, Impressionism, Abstract Expressionism, Art Informel, Pop Art, Expressionism and Cubism peak later in their careers.
Christiane HellmanzikEmail:
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13.
In the following pages we discuss three historical cases of moral economies in science: Drosophila genetics, late twentieth century American astronomy, and collaborations between American drug companies and medical scientists in the interwar years. An examination of the most striking differences and similarities between these examples, and the conflicts internal to them, reveals constitutive features of moral economies, and the ways in which they are formed, negotiated, and altered. We critically evaluate these three examples through the filters of rational choice, utility, and American pragmatism, using the latter to support the conclusion that there is no single vision of moral economies in science and no single theory—moral, political, social—that will explain them. These filters may not be the only means through which to evaluate the moral economies examined, but aspects of each appear prominent in all three cases. In addition, explanations for decisions are often given in the language of these theories, both at the macro (policy) level and at the local level of the moral economies we discuss. In light of such factors, the use of these frameworks seems justified. We begin with an attempt to define the nature of moral economies, then move to a consideration of scientific communities as moral communities operating within material and other constraints which we relate to wider questions of political economy and societal accountabilities.
Cory FairleyEmail:
Dr Atkinson-Grosjean   is a Senior Research Associate in the WM Young Centre for Applied Ethics at the University of British Columbia where she leads several research projects focused on large-scale science and the ways in which novel institutional and organizational arrangements affect the production and translation of scientific knowledge. Current work focuses on the factors that affect scientists’ participation (or lack thereof) in the translational mandates attached to funding. The goal is to contribute to a more nuanced understanding within policy guidelines of what constitutes ‘translational science’. Cory Fairley   is a research assistant on Dr Atkinson-Grosjean’s translational science project and a PhD student in the Department of History at the University of British Columbia, where he also obtained a Masters degree in Philosophy. His current research focuses on the social history of technology, particularly upstream impacts of market forces on biotechnology in the historical context of twentieth century.  相似文献   

14.
The literature of cultural economics generally finds that an artistic education has no significant impact on artists’ income and careers in the arts. In artists’ labor markets, indefinable features such as talent and artistic creativity apparently contribute more to success or higher rates of payment than education and training. In this article, we will readdress this question by looking at the artists’ survival in the arts occupations. We find it reasonable to expect than an artistic education can have a significant impact on artists’ careers because of the importance of technical skills, networks and signaling effects. We analyze the question by using a unique longitudinal dataset for five different groups of artists in Denmark, using the Cox model to apply survival functions and semi-parametric analysis. The results show, among other things, that an artistic education has a significant impact on artists’ careers in the arts, and we find important industry differences.  相似文献   

15.
The is article analyses the two main approaches for artists’ selection in the recording industry: the direct model in which large major companies directly choose new artists from the supply market, and the agency model in which small independent labels realise the first choice and, subsequently, large organisations pick their new artists among those pre-selected by independents.An empirical analysis of chart sales reveals that artists selected through the agency model exhibit a longer presence on the chart due to repeated successes, while they are slower to reach heavy success once they have entered the chart. Conversely, the direct model leads to artists with a faster path to a strong success, but the same artists have a shorter presence on the chart due to the sporadic nature of their success. The profile of artists selected through these two models is also found to be different: big international soloist stars are more frequently selected through the direct model, while national bands are more frequently selected through the agency model.The insights suggest important implications for management in the cultural industries and especially in the recording industry. Jel Codes: L82; O32  相似文献   

16.
This article compiles original data relating to artists’ place of birth and work migration patterns using various art history dictionaries. The broad historic pattern, from the 13th to the 20th century, of the birth locations of prominent artists is examined, followed by a detailed study of the work migration patterns of prominent artists in two important situations, namely Renaissance Italy and France in part of the 19th century. The evidence indicates a marked clustering of activity of prominent artists, both arising from birth location and migration patterns. Some possible explanations for the observed patterns are briefly outlined.
John O’HaganEmail:
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17.
Trade in information goods is particularly sensitive to the strength of intellectual property rights (IPR) and encounters an apparently different pattern of imitation threat compared with manufacturing trade, but the information goods trade–IPR nexus is less systematically investigated. This article analyzes whether and how U.S. information goods exports are sensitive to national differences in IPR protection and the degree of threat-of-imitation from the dynamic perspective. Employing the technique of instrumental variables for a dynamic panel model to consider the hysteretic effect and controlling the endogeneity problem, the empirical results show that the strength of the importing country’s IPR protection overall exhibits a trade-enhancing effect, supporting the standpoint that stronger IPR protection will induce more trade. Moreover, we adopt the piracy rate as a proxy for threat-of-imitation to examine its role on the information goods trade–IPR nexus. Empirical findings validate the prevalence of the market expansion effect wherever the degree of imitation threat of importing countries is high or low, because the technology level and production cost of reproduction are very low. It implies that the existing theory on threat-of-imitation may not apply to the information goods trade.
Yi-Ju HuangEmail:
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18.
Copyright holders of major manga and anime in Japan have been ignoring copyright infringement by $d{\bar{o}}jinshi$ (or doujinshi), a Japanese word referring to self-published works created predominately by amateurs. Many of $d{\bar{o}}jinshi$ are derivative works of popular anime or manga but are sold without official permissions from the copyright holders. Thus, it is highly possible that the activity of $d{\bar{o}}jinshi$ creators violates Article 28 of the Copyright Law of Japan, which states the rights of original authors in the situation of exploitation by derivative works. We demonstrate that ignoring copyright infringement by a derivative creator can be optimal for the copyright holder based on an economic model that incorporates both positive and negative externalities of derivative work. We also demonstrate that when unauthorized use of the copyrighted work is optimal for the copyright holder, it is also optimal for social welfare although the opposite is not necessarily true.  相似文献   

19.
Legislation creating or reinforcing resale royalties for visual artists retains substantial political popularity – particularly in the European Union – despite the often skeptical attitude toward those rights in the economics literature. In this essay, we probe more deeply the affirmative arguments that can be made for a resale royalty right, in either a mandatory or a discretionary form. We also compare the rationale for visual artists' resale royalties with the potential rationales for the now-well-established systems of royalty rights for authors and composers. This comparison has particular interest both because some of the principal arguments made against visual artists' resale royalties also apply to authors' royalties, and because the economic rationale for compensating authors with royalties has itself not been well explored. We also discuss briefly the related subject of display rights for visual artists. We conclude with some general implications for policy.  相似文献   

20.
This paper provides an overview of the economic analysis of inalienability, here defined in the narrow sense of restrictions on whether and how ownership of a right may be transferred to someone else. It then considers three aspects of the laws relating to artists and their works that are subject to some inalienability restrictions: droit de suite, moralrights, and unconstitutional conditions. It is suggested that inalienability restrictions designed to achieve distributional goals are probably misguided, and that although in theory one could derive some efficiency arguments for inalienability rules, in practice it is not clear that they apply to these examples from the laws relating to artists.  相似文献   

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