Copyright in the Digital Era Building Evidence for Policy (2013) / Chapter Skim
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This debate is poorly informed by independent empirical research. 1The recent report of an informal group of copyright legal scholars and private practitio ners used much stronger language, characterizing public discussion of copyright as exhibiting "rhetorical excess," a "climate of recrimination," and "an unwillingness to engage in rational discourse." Pamela Samuelson, "The Copyright Principles Project: Directions for Reform," Berkeley Technology Law Journal 25: 2010, http://papers.ssrn.com/sol3/papers.
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With respect to changing incentives for creators, distributors, and users, research could help determine • how the expenses involved in creative expression and distribu tion differ across sectors and the role of copyright in generating revenues to offset those expenses; • under what circumstances sources of monetary and/or non-mon etary motivation outside of that provided by copyright are effec tive in motivating creative activity; • the motivations of various types of users and potential users of creative works, including both infringers and lawful users; the effects of enhanced enforcement remedies on promoting creativ ity, technological innovation, and freedom of expression; and • how the costs of distributing creative content are affected by social media and other new technologies. With respect to the enablers of and impediments to voluntary licensing transactions in copyrighted works, research would help determine • the significance of transaction costs as barriers to utilization of copyrighted works; • the extent of problems involving orphan works (whose owners
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In assessing the balance between copyright protection and the statutory exceptions and limitations to copyright research could help determine • the costs and benefits of copyright exceptions and limitations in terms of the economic outputs and welfare effects of those indi viduals, businesses, educational institutions, and other entities that rely on them; • how copyright and the various categories of limits and exceptions interact with innovative and/or disruptive technologies and plat forms; and • what adverse effects, if any, exceptions and limitations have on copyright holders and their potential to generate economic out puts and welfare effects. Eventually, research will help inform decisions about key aspects of copyright policy, including
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The first task of public and private grantmaking organizations should be to cooperate in building a copyright data infrastructure by negotiating access to privately held high priority datasets, and financing their acquisition costs, where necessary. The federal government can incrementally improve data collection from businesses and consumers by adding copyright-related questions to the regular surveys conducted by the Bureau of Labor Statistics and Census Bureau and by encouraging donations, for example to the Bureau of Economic Affairs, of private sector business data.
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The robust empirical research undertaking envisioned by this report should identify both the costs and benefits of different types and levels of copyright and other forms of intellectual property, and carefully distinguish the various impacts of policy options on different stakeholder groups -- creators, developers, distributors, and consumers.
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