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1.
The paper argues that the paradigmatic shift from the sale of printed music to exploiting and managing musical rights that took place in music publishing during the early years of the twentieth century was due to the changing market rather than to changes in copyright law. On the one hand, copyright law was ineffectual in controlling piracy throughout the nineteenth century, and on the other hand, performing rights were ignored by music publishers for over 70 years; these points suggest that copyright was not the main reason behind the success of the industry. Rather than leading entrepreneurially (the current view of dynamism in the creative industries), publishers ‘followed the money’ and adapted their business models only when new streams of income from new forms of exploitation through sound recording, broadcasting and film became available as a result of exogenous technical progress. Publishers were locked-in to sales revenue as their business model, though when switching to the new business model of rights management took place, the costs seem not to have been greatly significant. The paper takes an historical approach to the development of music publishing viewed through the lens of present-day issues. The research has resonance for the transition from sales to licensing digital works that is taking place in the creative industries today and puts into perspective the relative significance of market forces and copyright law in the process.  相似文献   

2.
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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3.
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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4.
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   

5.
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   

6.
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   

7.
Abstract

China's entry into the global networked society has raised considerable debate over what is derived from the development and expansion of information and communication technologies (ICTs). One of the hotly debated issues is Internet copyright piracy, which is critical to the credibility and stability of China's membership to the global networked society. This paper examines Chinese users’ online discussion about Internet software piracy as local resistance to global copyright enforcement exercised through globalization processes. The study uses Mittelman and Chin's (2005) framework of Polanyi's (1957) counter-hegemony and Gramsci's (1971) counter-movements as a heuristic device to conceptualize the resistance points to globalization located within the dominant discourse on intellectual property rights, specifically Internet software piracy, by Chinese Internet users. Gee's (2002) discourse analysis framework is applied to produce seven recurring themes within online postings: cost, convenience, software companies, foreign developed countries, China's development, Chinese culture, and moral dilemma. The analysis on these dominant themes illustrates the cultural models held by Chinese users towards the issues of Internet software piracy: Internet as a public domain, socialist market economy, patriotism, and Chinese culture. These cultural models represent different types of resistance in Mittelman and Chin's (2005) framework. Meanwhile, these resistance positions are integrated under the notion of Chinese nationalism to constitute a complete set of counter-discourses to global software copyright enforcement.  相似文献   

8.
The paper conducts a statistical analysis of the dynamics of the sale of new music (product differentiation innovation) in the record industry. In pursuing this goal the paper generates new data and analyses a previously unutilized data set. The paper finds that there is a strong correlation between new music innovation in the audio singles and albums market. This is found to be mainly concurrent in the same quarter and to have a reasonably short product life. The paper discovers that these features also characterise the dynamics of record company performance. The research indicates that record companies are willing to sell singles at a loss due to advertising rather than learning externalities. At the industry level, the paper finds that new music innovation does not effect market size significantly and mainly causes business stealing effects between record companies, with exceptional cases of multiplier effects.  相似文献   

9.
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10.
The paper attempts to formulate concrete proposals for a change in laws of intellectual property, based on a communication-oriented theoretical analysis of the issue. The particular role of collection societies is investigated. The proposals arrived at suggest a strengthening of non-negotiable, non-hereditary authors' rights, and a refinancing fee collected for copies of works of art with classical status and distributed to members of currently active art circles.  相似文献   

11.
The paper examines whether intellectual property rights in art should be extended to the entire world. In earlier papers, the economics of patent rights have been examined and the argument made that world welfare is likely to fall if patent rights are extended to the entire world. This argument is recapitulated here with special attention to the assumptions that are needed for its validity. These assumptions are then reexamined in the context of markets for art to see whether the argument carries over. It is found that while most of the assumptions do carry over well enough to justify the argument, there are also certain circumstances that may require greater geographic extension of intellectual property rights in some cases.Paper prepared for a conference on The Economics of Intellectual Property Rights, International Center for Art Economics, University of Venice, October 6–8, 1994.  相似文献   

12.
From a representative survey of 2,000 individuals, we study whether consumption of music through streaming services, like Spotify or YouTube, is a substitute or a complement to physical music consumption modes, such as CDs and live music. Controlling for the taste for music, various socio-demographic characteristics and the usual determinants of music consumption either offline (radio, TV, friends/relatives) or online (online recommendations, social networks), our results show that free music streaming (where the consumer does not possess the music but only has access to it) has no significant effect on CD sales and affects positively live music attendance, but only for national or international artists who are more likely to be available on streaming services.  相似文献   

13.
Our paper analyzes the conduct of German public performing arts institutions in terms of non-market decision making or public choice. Apart from consumers of performing arts managers of performing arts institutions and public donors are main agents. A manager of a performing arts institution will not assume that the number of visitors is independent of his institution's programme or the ticket prices. By the same reasoning he will regard the amount of public subsidies not as exogenous, but dependent on his own policy. If future grants depend on present and past success (however defined), this will feed back into managerial decisions, along with expectations about demand. Data for the Federal Republic of Germany serve to empirically support the theoretical argument.  相似文献   

14.
Conclusions Palestinian teachers at the pre-collegiate level who participate in the CEEPAT programme will, it is hoped, learn to place new emphasis on enhancement of their students' analytical skills and discourage an identification of knowledge with memorisation. For their part, Palestinian professors who have been trained to teach in the programme will presumably constitute a growing reservoir of talent which may be expected to raise the quality of Palestinian university education. Plans are now under way to give all Palestinians teaching under the auspices of CEEPAT an opportunity to attend an annual, three-week winter seminar in Gaza and/or a summer seminar in the United States, both of which will focus on issues of pedagogy and methodology. Such professors can be expected to pass on their new understanding of teaching via discussion to their colleagues and to their university students, thereby spreading an important pedagogical method to other segments of the Palestinian... community. 7 CEEPAT clearly has the potential to make a significant contribution to the elevation of educational standards in Palestine at a time of major historical change.In Palestine, higher education of quality is obviously a very serious business. It is understood that it underlies any possibility of individual betterment, economic development, or the evolution of an independent Palestinian state. If ever the Israeli occupation is completely terminated and the present financial crisis of the universities is solved, Palestinian university and post-baccalaureate training may reasonably be expected to become fully competitive on an international scale.  相似文献   

15.
Beginning in 1979, certain states extended extra copyright protection, known as “moral rights” protection, to visual artists. Moral rights protection, which was incorporated into U.S. copyright law in 1990, ensures that works cannot be altered in a manner that would negatively impact the reputation of the artist. Using difference-in-differences regression strategies, we compare artists and non-artists in states with moral rights laws to those in states without these laws, before and after the laws are enacted. This enables us to test the impact of the laws on the behavior of artists, consumers, and policy makers. Our analysis reveals that the average artist’s income falls by around $4000 per year as a result of moral rights legislation, but we find no impact of the laws on artists’ choices of residence or on state-level public spending on the arts.  相似文献   

16.
This study investigates the impact of cultural differences on trade decision and trade volume of cultural goods, using the data of traded music compact discs (CDs). According to ethnomusicological and civilization classifications, we classify countries into several groups and make novel variables that properly represent the cultural differences. We use the gravity model of trade proposed in Helpman et al. (The Quarterly Journal of Economics 123(2):441–487, 2008), which is utilized to avoid selection and endogeneity biases of estimation. In addition, we exploit an identifying assumption on the types of consumers, so that one of the cultural variables can satisfy the exclusion restriction in our two-stage estimation procedure. Our empirical hypothesis is that the trade volume of music is larger between two countries with greater cultural familiarity. The empirical results show that cultural differences have significant influences on the trading decision and volume of music traded in addition to the traditional determinants of trade. This finding supports our hypothesis that cultural familiarity promotes the cultural goods trade.  相似文献   

17.
This article provides estimates of price and income elasticities of demand for German public theatre, using a large and reliable data set for 178 theatres over 40 years (1965–2004). It is posited that the consumption of the performing arts is a time-intensive activity for which both a theatre ticket and leisure time are necessary. Thus, the impacts of ‘full-income’ (‘leisure time income’ added to disposable income) and the price of leisure time on theatre attendance are examined. The findings indicate that the demand for the performing arts is own-price inelastic. The disposable income elasticity is significant, positive and equals approximately one. In contrast, the full-income elasticity is well above one and greater than usual income elasticity indicating that the performing arts are a luxury good when leisure time income is included in the consumer’s budget. The positive full-income effect is, however, offset by the negative price of leisure effect indicating that leisure time is a complement for the performing arts. Additionally, three objective quality characteristics of theatrical productions which can positively influence theatre demand are examined.
Marta ZiebaEmail:
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18.
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   

19.
This paper, adapted from a conference presentation in Venice, links the history of intellectual property protection to two important trends in this field: (1) the shifting baseline, from a presumption of no property rights and open competition, to the presumption that all intellectual effort deserves the award of a property right; and (2) growing awareness of the political economy of these rights, which legislators can create and strengthen with little direct effect on government budgets. The paper also considers a shift in the scholarly emphasis, from the brand question of the overall worth of intellectual property to defailed consideration of individual doctrines and rules.  相似文献   

20.
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   

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