Review of Economic Research on Copyright Issues, Vol. 7, No. 1, 67-81, 2010
I examine the effect that radio airplay has on the sale of digital music in New Zealand. This effect is also likely to influence the behavior of various music industry participants, including the record companies, radio industry and listeners. I find that on an industry level, radio airplay has no significant effect on the sale of digital music. However, on average, an increase in radio airplay of a given song is predicted to increase sales of that song, which is the so-called exposure effect. The discrepancy between the aggregate and individual effects is explained by the existence of the fallacy of composition: An increase in the airplay of a particular song usually happens at the expense of another song's airplay, and so if more airplay does give greater sales of a given song, so less airplay will reduce the sales of competing songs, leading to ambiguous aggregate effects. It is also true that while individual songs compete with other songs for airplay, the radio industry competes with other activities and products consumed by listeners. Increases in the total airplay may not increase total sales, as the listener's decision regarding digital single purchase is now made with consideration of their non-music consumption goods, and budget and time constraints.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 9, No. 2, pp. 31-54, 2012, Illinois Public Law Research Paper No. 11-23
Paul J. Heald , Peibei Shi, Jeffrey Stoiber and Qingyao Zheng
A previous empirical study suggested that as copyrighted songs transitioned into the public domain they were used just as frequently in movie soundtracks as when they were still legally protected.That study, however, did not account for the number people who viewedeach movie in the theater. Since the debate over copyright term extension centers on the continuing "availability" of works as they fall into the public domain, a better measure of the availability of songs in movies would account for the relative box office success of the movies in which the songs appear. The present study collects box office data for hundreds of movies from 1968-2008 in which appeared hundreds of songs and concludes that public domain songs were heard by just as many people in movie theaters before and after they fell into the public domain.Click to read more.
Review of Economic Research on Copyright Issues, 13(1), 1-28, 2016
Alain Marciano and Nathalie Moureau
The law concerning the reproduction of works of art is unambiguous: the owner of the physical item does not own the right to copy and reproduce it. The copyright or right to reproduce a work of art either belongs to the artist and his/her heirs, or to everybody when the work is in the public domain. However, a large number of museums use their property rights to assume a copyright, i.e. a right to reproduce works of art. These illegal practices are the result of choosing a business model based on the desire to cross-subsidise the upstream market of the services provided to the public with the benefits obtained by monopolising the "downstream" market of the copies or reproductions of works of art. The objective of this paper is to show that this is not efficient. We argue that this strategy conflicts with the mission upheld by museums and prevents certain externalities from circulating in the society.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 4, No. 2, 51-64, 2007
The optimal level for copyright has been a matter for extensive debate over the last decade. Using a parsimonious theoretical model this paper contributes several new results of relevance to this debate. In particular we demonstrate that (a) optimal copyright is likely to fall as the production costs of 'originals' decline (for example as a result of digitization) (b) technological change which reduces costs of production may imply an increase or a decrease in optimal levels of protection (this contrasts with a large number of commentators, particularly in the copyright industries, who have argued that such change necessitates increases in protection) (c) the optimal level of copyright will, in general, fall over time as the stock of work increases.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 2, No. 2, 53-67, 2005
Joelle Farchy and Heritiana Ranaivoson
DRMS are often described as essential in the development of the legal online supply of content, notably of music (In this paper, we do not study the cases of sites that sell pre-recorded music, such as Amazon). That is why they are becoming a crucial stake for the whole recovering music industry. In the first section, we will precise the strategic role of DRMS. The market for DRMS in the online music supply is a very recent one, but it is expected to grow rather fast. Moreover, DRMS are becoming the heart of the online music value chain. The aim of this paper is to study the technological competition between the firms that try to impose their standard on the growing market of DRMS. Because this competition relies on the lack of interoperability and on a possible monopolization, we find that the results of this competition may not benefit the content industries.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 3, No. 2, 67-82, 2006
This paper will examine the Sony Playstation litigation in Australia where Sony claimed the device it used in its Playstation consoles was a technological protection measure ('TPM'). The outcome of the High Court of Australia decision is somewhat different from similar litigation run by Sony in other countries. Section 3 of this paper will examine the economics of TPMs and in particular, the device which Sony claimed in its Australian litigation was a TPM. It will reveal that copyright owners such as Sony already possess strong market incentives to implement TPMs and that the level of competition is inversely related to the incentive to protect works through TPMs. Section 4 of the paper will introduce the competition law landscape in Australia and it will analyse, within the context of Australia's competition laws, the device used by Sony which it claimed was a TPM. It will demonstrate that the use of the device by Sony is arguably conduct in breach of s46 of the Trade Practices Act 1974. Section 5 will examine the role of the law in Australia in terms of incentivising the use of TPMs.Click to read more.
Review of Economic Research on Copyright Issues, 11(1), 9-31, 2014
In recent years economic literature has deeply analyzed piracy and copyright violation. Nevertheless most of the contributions focus on the study of digital markets and monopoly. In this paper we concentrate on the effect the entry of a pirate may have in a vertically differentiated duopoly where originally two firms compete producing a high quality and a low quality good. We show that, under general conditions payoffs of firms might increase with piracy, since piracy may support collusion between the two firms producing the original goods and the collusive profits of the firms in presence of piracy may be bigger than the profits of Nash without piracy. This result may explain the reason why in some markets, like the fashion market, where the producers of the original brands basically control the supply chain of the sector, piracy and production of high quality fakes is huge.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. 5, No. 2, 127-148, 2008
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.
Review of Economic Research on Copyright Issues, 14(1/2), 1-38, 2017
Brett M. Frischmann
Courts, commentators, and even casebooks mistakenly assume that intellectual property laws are fundamentally utilitarian and thus the relevant objective for intellectual property laws is maximizing social welfare. Economic theories of intellectual property dominate while rights-based theories and other alternatives struggle to remain relevant in the discourse. This essay accepts that intellectual property laws are consequentialist, but it mounts a challenge to the utilitarian theories that dominate. Following the path set by Amartya Sen in the area of development economics and borrowing heavily from the Sen's analytical and normative framework - the Capabilities Approach, this essay begins to develop a human flourishing theory for intellectual property.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, 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. 1, No. 2, 29-53, 2004
This paper addresses two popular arguments against a compulsory license of software interface, using risk analysis methodology. These concerns are the non-recovery of sunk costs and the threats posed by free riders. My argument is that while both concerns are legitimate, they are remediable. The purpose of the law is not to allow the incumbent to recover its 'sunk costs', but to give sufficient incentives for it to innovate. These two incentives are the monetary incentives (finding fair access fees and stimulating cooperation with the entrants after the license) and the time incentive (finding a period during which refusal to license is acceptable). With respect to the fair amount of access fees, it is better to provide a mechanism so that the licensor and the licensee can negotiate the fees themselves, rather than to impose a strict method of fee calculation. If the monetary incentives alone are sufficient to generate motivation for innovation, the time incentive should not be used.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 4, No. 1, 47-61, 2007
Heli A. Koski
Private-collective business models that involve both private investment incentives and the production of public goods are not well understood. This empirically oriented research uses a unique data from the software industries of five European countries (Finland, Germany, Italy, Portugal and Spain) to illuminate the patterns of private, entrepreneurial provision of software placed in the public domain. The estimation results strongly suggest that the highly restrictive GPL works as an efficient coordination mechanism for the (leading) developers of the OSS community and spreads particularly via the firms that have participated in the OSS development projects. The software companies supplying the OSS, instead, tend not to aim at using the GPL to coordinate the further development of their own OSS. Rather the firms are the origin of more flexibly licensed OSS products though generally the software firms' OSS business strategies relate to the restrictive licensing strategy choices.Click to read more.
Review of Economic Research on Copyright Issues, Vol. 1, No. 2, 11-27, 2004
Many countries are revisiting their Copyright law in the light of new communication and information technologies, which make possible the generalized digitization of copyrighted material and in so doing hallenge the protection and enforcement of copyrights. As the laws are modified to adapt to this new environment, the foundations of copyright have been questioned. I claim here that the affirmation and protection of a strong and transparent copyright framework is a second best efficient institutional arrangement to foster cultural development and diversity and promote the emergence of new market-like institutions reducing the costs of transactions between creators and users.Click to read more.