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Review of Economic Research on Copyright Issues (RERCI)

RERCI Articles

Some Challenges for Copyright-Related Quantification

Review of Economic Research on Copyright Issues, Vol. 1, No. 1, 41-50, 2004

Jeremy Thorpe

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Abstract

Drawing on personal experience, this note outlines a number of the methodological challenges that exist when trying to provide some quantification of the economic impacts and contributions related to copyright law and policy (See The Allen Consulting Group, 2003a, The Allen Consulting Group,2001, and The Allen Consulting Group, 2003b).

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Intellectual Property Regulation and Software Piracy: A Dynamic Approach

Review of Economic Research on Copyright Issues, 2018, 15(1), 38-64

Michael D'Rosario

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Abstract

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.

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Indefinitely Renewable Copyright and the Current Copyright System: A Two Country Setting Comparison

Review of Economic Research on Copyright Issues, Vol. 8, No. 2, 35-54, 2011

Michael Y. Yuan and Koji Domon

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Abstract

As an alternative to the current copyright system (FLC), indefinitely renewable copyright (IRC) has not been compared to the current system in international settings. We compare them in a two country setting. We find that optimally configured IRC does not necessarily lead to higher national or global welfare than an optimally configured FLC.

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The Use of Vertical Market Prices in Setting Copyright Tariffs and Rates

Review of Economic Research on Copyright Issues, 13(2), 66-82, 2016

Gerry Wall and Bernie Lefebvre

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Abstract

With the lack of direct markets to examine, copyright setting agencies often adopt a total proxy approach whereby other markets are used to formulate benchmark prices. In this paper, we utilize a "downstream" market to estimate the value to a commercial "rights user" of distant television signals. This "partial proxy" approach has two advantages: it uses data drawn from the distant signal market (i.e. vertical market information) and it uses actual market pricing data from buyers and sellers of programming content.
Using this data, we derive estimates of the wholesale market value of distant TV signals. Based on our analysis we find that the current per signal payment to distant signal rights-holders (as certified by the Copyright Board of Canada) is less than the actual market value of those signals.

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Should Different Information Economies Have the Same Duration of Copyright?

Review of Economic Research on Copyright Issues, Vol. 6, No. 1, 13-33, 2009

Michael Y. Yuan

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Abstract

Copyright has been increasingly internationalized and, recently, more and more harmonized. However, there has been little theoretical study of international copyright. This paper develops and analyzes a non-cooperative two-country model of copyright, where two countries trade in information goods and each with an open and competitive information goods industry sets copyright policy to pursue self-national interest. The model suggests that an increase in demand for information goods in a country calls for longer copyright protection in this country and shorter protection in its trading partner; decreases in fixed or per-product creative costs in a country with lower such costs call for marginally shorter protection; and an improvement in the economies of creative scale in a country with better economies of creative scale calls for marginally longer protection. Understanding these rational responses of nations to changes in creative technologies and markets should be helpful for international copyright-policy making.

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Truce in the Copyright War? The Pros and Cons of Copyright Compensation Systems for Digital Use

Review of Economic Research on Copyright Issues, 2018, 15(2), 23-56

Christian W. Handke, João Quintais and Balázs Bodó

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Abstract

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.

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Language, Copyright and Geographic Segmentation in the EU Digital, Single Market for Music and Film

Review of Economic Research on Copyright Issues, 2018, 15(1), 20-37

Estrella Gomez Herrera and Bertin Martens

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Abstract

The EU seeks to create a seamless online Digital Single Market for media products such as digital music and film. The territoriality of the copyright regime is often perceived as an obstacle that induces geographical segmentation. This paper provides empirical evidence on the extent of market segmentation in the EU on the supply side and measures the contribution of several drivers of this segmentation. We use data from the Apple iTunes country stores in 27 EU Member States. We find that availability of EU media products across country stores in the EU is hovering around 80 per cent for music and 40 per cent for films. Recent industry initiatives to reduce the transaction costs of making digital music available across borders have resulted in a reasonably wide availability though still short of the 100 per cent mark. Supply side factors including copyright-related trade costs probably still play a role in music though we can only infer this indirectly in the absence of data on copyright licensing arrangements at product level. Commercial strategies and territorial restrictions in distribution agreements reduce film availability, more so than copyright issues. We also find evidence of price differentiation across iTunes EU country stores.

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Bestselling Musical Compositions (1913-32) and Their Use in Cinema (1968-2007)

Review of Economic Research on Copyright Issues, Vol. 6, No. 2, 31-60, 2009

Paul J. Heald

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Abstract

Some economists assert that as valuable works transition from copyrighted status and fall into the public domain they will be underexploited and their value dissipated. Others insist instead that without an owner to control their use, valuable public domain works will be overexploited or otherwise debased. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true as it applies to the exploitation of songs in movies from 1968-2007. When compositions fall into the public domain, they are just as likely to be exploited in movies, suggesting no under-exploitation. And the rate of exploitation of these public domain songs is no greater than that of copyrighted songs, indicating no congestion externality. The absence of market failure is likely due to producer and consumer self-regulation.

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Indirect Copyright Infringement Liability for an ISP: An Application of the Theory of the Economics of Contracts under Asymmetric Information

Review of Economic Research on Copyright Issues, 2018, 15(2), 57-79

Richard Watt and Frank Mueller-Langer

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Abstract

Under current copyright law in many countries, Internet Service Providers (ISPs) can be found liable for the traffic on the websites that they host. While the ISPs themselves are not undertaking acts that infringe copyright, indirect liability asserts that they either contribute to, or encourage in some way, infringing activities, and thus they are liable to claims of indirect involvement by the affected copyright holders. The present paper explores indirect liability in a standard principal-agent setting, where both moral hazard (the act of monitoring) and adverse selection (differential costs of monitoring over ISPs) are present. The model considers the kinds of contracts that could be signed between the copyright holders (acting through a collective) and the ISPs (acting individually). We specify the contracts that are self-selecting and incentive compatible for the set of feasible scenarios.

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The Relative Effectiveness of Global Anti-Piracy Policies

Review of Economic Research on Copyright Issues, 2018, 15(1), 1-19

Tylor Orme

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Abstract

In recent decades, the problem of illegal downloading of copyrighted material has emerged as a major concern for governments across the globe. Many countries have implemented policies to limit the impact of online piracy on revenues of creative industries. These policies, while important for a broad range of industries, have been particularly lobbied for and supported by the motion pictures industry. Film production and distribution companies have repeatedly asserted that effective anti-piracy policy is crucial to their continued success. This paper seeks to evaluate whether the anti-piracy regimes in OECD countries have been effective. It also seeks to determine whether there are patterns to the types of policies that have been especially effective or ineffective.

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Remarks to the SERCI Panel on Regulatory Copyright Tariff Setting

Review of Economic Research on Copyright Issues, 14(1/2), 45-54, 2017

Gerry Wall

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Abstract

This Panel concerns possible lessons for European copyright practitioners learned from the North American experience. I pose two key questions that arise from our existing copyright tariff setting processes: 1) do we need regulatory intervention to achieve appropriate prices?; and 2) how has the process worked so far and how can we make the process better?

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Book Review: The Economics of Copyright: Developments in Research and Analysis, by W. J. Gordon and R. Watt (Eds.)

Review of Economic Research on Copyright Issues, Vol. 1, No. 1, 173-175, 2004

Michael J. Rushton

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Abstract

The ten papers in this book were first presented at the SERCI annual congress in Madrid in 2002. In her introduction to the volume, co-editor Wendy Gordon notes that the technology that enables us to preserve and make reproductions of creative works changes the entire cultural landscape, as it provides authors with a means of earning income from the general public as consumers, and not just from patronage appointments. This shift in the source of income will change the kind of works that are created. Importantly, "it was to harness the extra value enabled by technology that copyright was invented" (p. xviii). It is therefore appropriate that much of this valuable volume of new research on the economics of copyright is concerned with the response of copyright policy and market contractual arrangements to changing technology.

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A Comment: The 'Copyright Factors'

Review of Economic Research on Copyright Issues, Vol. 1, No. 1, 71-78, 2004

Richard Watt

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Abstract

In this paper, I have suggested the possibility of a simple calculation that returns a lower bound on the total contribution of copyright to GDP, once the groupings between the core, and unrelated activities has been made, but independently of the exact weights that should be assigned to the activities that are not in either of these two groups (i.e. those that remain in the related group). On the other hand, in order to do this it was necessary to take a particular definition of exactly what particular activities should be included in the related group (activities that, without having a copyright factor of 1, are on average at least as dependent upon copyright as is the economy as a whole). Thus, with a relatively low level of effort, one can get what appears to be quite an accurate, but still only intended as a rough estimate, answer to the question of exactly what is the total contribution of copyright to GDP.

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The Economic Contribution of the Copyright-Based Sector in the Netherlands

Review of Economic Research on Copyright Issues, Vol. 1, No. 1, 65-69, 2004

Jules Theeuwes

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Abstract

It is hard if not impossible to quantify all the economic effects of press and publishing, arts, design, software and all other copyright-based sectors. Copyright sectors first of all produce value added and generate income; they create employment and contribute to the balance of payments. But the products and services have much wider implications and positive external effects on the economy than can be measured by adding up value added produced and employment generated. It is often tried to capture those more far reaching effects in general terms such as the 'knowledge economy' filled with 'creative workers' (see, for instance Florida, 2002). There is certainly truth in the general perception that creativity, which is the stuff, materialized in the goods and services produced by the copyright-based industry, can change the economy and have an influence on the well being of everybody. But it is impossible to capture this perception in hard numbers. Quite well doable however is to capture the measurable parts of the economic contribution in numbers. What I present in below is a measurement of value added and employment of the copyright-based industry in the Netherlands over the past decades. I will also briefly present numbers on the contribution of the copyright-based sector on imports and exports.

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Introduction to RERCI Vol 14(1/2)

Review of Economic Research on Copyright Issues, 14(1/2), 0, 2017

Richard Watt

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Abstract

Introductory comments to the present issue of the journal.

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