Review of Economic Research on Copyright Issues, Vol. 9, No. 1, 93-121, 2012
Maryam Dilmaghani and Jim Engle-Warnick
Droit de suite entitles visual artists to a percentage share of the resale price every time their works are resold over a given time span. The legal systems of the world do not universally accept the concept of droit de suite, and its economic efficiency has been a matter of debate for a few decades. In this paper, we model a work of art as a lottery to investigate experimentally the impact of this right on the art market. We find evidence that a number of known behavioral biases in decisions under uncertainty affect a seller’s willingness to accept. In light of our results, we conclude that the interaction of these biases and droit de suite can reduce the number of transactions in the art market to a larger extent than previously suggested in the literature.Click to read more.
Review of Economic Research on Copyright Issues, 13(2), 25-65, 2016
Jin-Hyuk Kim and Michael Waldman
Digital Rights Management (DRM) is employed by firms as a way of reducing illegal copying. In this paper we investigate the idea that it can also be associated with an increase in market power in the hardware market. In our main analysis content and hardware are complementary goods, where there are multiple hardware sellers and one of the hardware sellers owns a DRM technology that can be developed into a DRM system that makes legal content incompatible with hardware that does not employ the system. Our primary result is that the hardware producer who initially owns the DRM technology may employ closed DRM to gain market power in the hardware market because this is an efficient way to monetize its initial ownership of the technology. We also show that, depending on whether or not the content developer has positive bargaining power, the introduction of DRM may or may not result in an increase in content development. In addition to investigating these ideas in a number of related theoretical settings, we also consider the social welfare aspects of the argument and discuss its relevance for understanding the early history of Apple's iPod.Click to read more.
Review of Economic Research on Copyright Issues, 12(1/2), 16-25, 2015
T. Randolph Beard, George S. Ford and Michael L. Stern
In the regulatory setting of rates for statutory-licensed music services, the question of value-based versus cost-based rate setting for the component-rights of a musical performance arises. In this article, we have demonstrated this value-or-cost question is a distinction without a difference. Starting with the value-based concept of second-best (or Ramsey) prices, we end with a result prescribing that cost differences should be fully reflected in compensation across the inputs to the music recording. Each price is set so that the costs are covered, no more and no less.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 7, No. 1, 1-6, 2010
This paper is the introduction to the symposium "Copyright in Academic Publishing".Click to read more.
Review of Economic Research on Copyright Issues, Vol. 2, No. 1, 5-17, 2005
Stan J. Liebowitz
Although it was once considered inevitable that unauthorized copying would harm copyright owners, it is now understood that this is not necessarily the case. The concept of indirect appropriability played an important role in shaping this newer understanding. In recent years, however, many economists seem to have taken the message from this new understanding too far, seeing gains to the copyright owners from unauthorized copying in every nook and cranny of the economy, when in reality the instances of such gains are likely to be rather limited. The current literature on this subject, which consists mainly of theoretical models, seems to be badly out of kilter. In this paper I attempt to explain some of the problems and try to provide the outlines of what I believe to be a more balanced and nuanced view of copying. It emphasizes the importance of examining various institutional and behavioral details of individual markets, which are often overlooked by researchers.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 7, No. 2, 39-55, 2010
Michael Y. Yuan
Many countries have yet to decide whether extend copyright duration. Technological changes were cited by a U.S. Senate report to support duration extension. This study adds to the assessment of the validity of the technological argument by simulating the effect on optimal copyright duration of increased price discrimination caused by digital technology. Simulation of a model of information product market indicates that increase of price discrimination on high-end market calls for shorter copyright duration; that on low-end market may support extension, if the discrimination benefits consumers, and otherwise work against it. It further suggests price discrimination on low-end market increases welfare and supply of original information products but that on the high-end market may either increase or decrease them.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 1, No. 1, 27-40, 2004
Robert Picard and Timo Toivonen
This article explores methods and issues in measuring the contributions of copyright industries to national economies. It reveals the importance of copyright value creation, identifies copyright industries and activities that make economic contributions, discusses problems of measurement, compares methods used and reveals difficulties in comparability of existing research, and provides suggestions for improving and undertaking future research.Click to read more.
Review of Economic Research on Copyright Issues, 10(1), 36-73, 2013
Collective performing rights licensing agencies are private enterprises and their files are thus not public. Thus, the possibilities to carry out scientific research regarding the effects of performing right fees have been limited. This paper is based on new unique data provided by the Swedish Performing Rights Society (STIM) which has provided data for a large share of Swedish composers of art music with mandates from them for this study as legal requisites. The point of departure for the analysis is the basic monetary incentive theory which holds that the prospect of revenues will result in more output. Another question is whether royalty income plays a substantial role in the total incomes of composers or not. Furthermore, three factors, which are generally considered to be influential when it comes to the size of composer incomes in Sweden, are also analysed: gender, level of education and choice of domicile. Female composers are found to earn substantially less than males. Whereas in most professions higher levels of education increase income this seems to be less important for composers. Finally, the expectation is that a composer living in the national capital, Stockholm, will earn more than others is not substantiated.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 8, No. 1, 51-97, 2011
Essential inputs are an important topic of debate for economics. One common essential input is intellectual property, in the form of either patents or copyrights, which the producers of goods and services for final consumption must necessarily purchase from the input supplier. The ensuing monopoly power of the input supplier leads in many cases to controversial outcomes, in which social inefficiencies can occur. In much of the literature on the economics of intellectual property, it is assumed that the right holder is remunerated either by a fixed payment or by a payment that amounts to an additional marginal cost to the user, or both. However, in some significant instances in the real-world, right holders are constrained to use (or may choose to use) a compensation scheme that involves revenue sharing. That is, the right holder takes as remuneration a part of the user's revenue. In essence, the remuneration is set as a tax on the user's revenue. This paper analysis such remuneration mechanisms, establishing and analysing the optimal tax rate, and also the Nash equilibrium tax rate that would emerge from a fair and unconstrained bargaining problem. The second option provides a rate that may be useful for regulatory authorities. The model is calibrated against a (hypothetical) scenario in which the copyright holders in music are paid a regulated share of the revenue of music radio stations, a topic that is presently at the fore-front of the economics of copyright pricing.Click to read more.
Review of Economic Research on Copyright Issues, 2018, 15(2), 23-56
Christian W. Handke, João Quintais and Balázs Bodó
This paper discusses copyright compensation systems (CCS) -- that provide licenses for downloading and non-commercial use of copyright works in return for a fee -- in the light of welfare economics and transaction cost economics. Recent empirical studies suggest that CCS could improve social welfare at least for recorded music. The general theme of the theoretical discussion in this paper is a simplicity-flexibility trade-off. On the one hand, CCS seek to reduce the costs of administering and trading copyrights online. On the other hand, standard copyright licenses distort the market mechanism. This paper discusses the costs and benefits of various CCS proposals compared to alternative ways of managing copyright online.Click to read more.
Review of Economic Research on Copyright Issues, 2018, 15(1), 38-64
Promoting Intellectual Property Rights (IPRs) is of particular importance to nations engaging in significant innovation. The existing literature relating to software piracy research is typified by the use qualitative methods to analyse the impact of IPRs on software piracy. Most concern themselves with a handful of important macroeconomic factors in an effort to identify whether they possess any explanatory power, employing qualitative frameworks for analysis. More contemporary research has given greater attention to the role of key regulatory variables on software piracy using econometric methods. In this paper, the relationship between foreign political pressure, IPR regulatory reforms and software piracy is considered. We estimate a model of software piracy as a function of bi-lateral pressure and investment (where US 301 reporting is the proxy for bilateral pressure, and capital investment the proxy for bi-lateral investment), Scientific investment, trade dependence and government effectiveness. The models are estimated using data from 80 countries over nine years. The study responds to the dearth of research employing dynamic panel estimations in estimating the impact of IPR reforms on software piracy. The findings suggest out of cycle review and US 301 reporting are pertinent factors potentially moderating software piracy.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 5, No. 1, 75-87, 2008
Ana Maria Tetrel
In the law and economics literature of copyright, the economic function of collecting societies has been principally treated as a way to diminish transaction costs. However, another possible function, the transfer of risk as a function of collective administration has been, relatively, ignored. Through risk analysis, an author will be able to determine which method of administration of protected rights is most beneficial to him. Due to information asymmetries, authors and users bear a number of risks. These risks can be transferred to a collecting society which is in a better position to bear them more efficiently and to better administer the protected rights.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 5, No. 2, 45-70, 2008
The quest for interoperability of interactive TV has been a major concern of the EU Institutions. Its policy foundations were built on the enabling role of open standards, whose peculiar standardization process should guarantee affordable and widespread intellectual property rights. After having received considerable public support and financial funds, the interactive TV roll-out appears disappointing, and the diffusion of the main concerned standard, the multimedia home platform, stagnates. We conduct a comprehensive analysis of the main market facts and passages of interactive TV policy, to derive a multifaceted assessment of its technological, economic and institutional drivers. Several important issues stand out. Besides the inner complexity of the policy, a few normative inconsistencies and conflicting aims adversely impacted its feasibility. Several logical ambiguities also dampened the correct choice of instruments. In particular, the existing literature clarifies two main points: open standards cannot be uncritically assimilated to open source software, and the role of open standards along the broadcasting value chain is largely unexplored. Consequently, their effects here might differ from those experienced in traditional information and communication technologies markets. Finally, a certain evidence of regulatory capture of the EU policy-maker emerges.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 2, No. 2, 95-109, 2005
Antonio M. Buainain and Cassia I. C. Mendes
This article discusses the implications of the intellectual property system as applied to software, especially the use of patents, for innovation in developing countries; it also assesses the possible consequences of the appearance of free software and a new intellectual property system in the innovation process in countries such as Brazil; finally, it attempts to analyse the new dimension of intellectual property as well as its context in the current debate on 'global patents' as opposed to a more flexible copyright system. Some of the questions discussed are: Is a more flexible copyright system an instrument to promote technological innovation? Does the reduction of the income of some software companies in developed countries point toward an exhaustion of the sales model of user licenses for software? What are the threats and opportunities for the new business model based on free software and copy left in Brazil? Can the motivations for the use and development of free software promote the Brazilian software industry?Click to read more.
Review of Economic Research on Copyright Issues, Vol. 5, No. 2, 127-148, 2005
Kit B. Chow
Started in November 2003, the study is the first in Asia to adopt the new comprehensive WIPO framework for measuring the economic magnitude of copyright-based industries. Singapore's copyright-based industries generated in 2001 an output of S$30.5 billion and value added of S$8.7 billion which was equivalent to 5.7% of GDP. The 29 copyright-based industries provided employment to 118,600 persons or 5.8% of Singapore's workforce in 2001. Through linkages with the rest of the economy, the combined nine core copyright industries are found to have greater-than-average impact on the economy as reflected in their higher output, value added and employment multipliers than that for the whole economy.Click to read more.