Copyright in the Digital Era Building Evidence for Policy (2013) / Chapter Skim
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3 Research Directions
3 Research Directions
Pages 35-44
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From page 35... ...
2. Enablers of and impediments to voluntary transactions A lthough granting rights initially to creators, copyright law allows creators to assign or license those rights to others -- potentially enhancing the value and public benefit of the copyrighted works by permitting broader use, dissemination, and subsequent creative activ ity.
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From page 36... ...
CHANGING INCENTIVES As explained above, the leading justification for copyright in the United States has always been to motivate and disseminate creative expression for the public benefit by providing creators and/or their agents with a degree of market power they would not otherwise enjoy. Although this market power can translate into supra-competitive prices for consumers of copyrighted works and into constraints on those who use them as the basis for subsequent creativity, copyright strives to limit these costs to those necessary to generate and disseminate the works upon which subsequent creativity depends.
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From page 37... ...
Some types of creative production may require investments that are difficult to recoup other than by exploiting copyright protection. Other creators may be motivated by alternative sources of monetary and/or non-monetary compensation -- ranging from sales of ancillary products and services, such as live concert performances, to reputational benefits to the simple pleasure that so many Internet uses seem to derive from creating and sharing their own creative expression online without any apparent expectation of exploiting their exclusive rights for monetary gain.
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From page 38... ...
With the data called for below regarding patterns of consumption of creative works, studies could be designed to better understand who falls in these various categories and why, and whether and how copyright influences their behavior. For example, it would be valuable to know more about how user motivations and behavior are affected by enforcement efforts -- including the extent to which effective enforcement encourages users of infringing copies to turn to legal alternatives.
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From page 39... ...
Other examples are promulgators of public licenses (e.g., Creative Commons and the Free Software Foundation) , universities that have adopted uniform practices for the licensing of faculty work, and funding entities that specify the terms on which the copyrighted scholarship they sponsor will be released and used.
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From page 40... ...
What roles can public and private institutions play in voluntary transactions? ENFORCEMENT COSTS AND BENEFITS Many recent policy debates have focused on copyright enforcement, with advocates of enhanced penalties, new enforcement mechanisms, and enhanced international enforcement coordination citing the cost and ineffectiveness of enforcement mechanisms available under current law and, in particular, the difficulty of preventing the infringing distribution of copyrighted works from websites located in jurisdictions that lack effective enforcement mechanisms.
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From page 41... ...
How are these costs and benefits distributed among copyright owners, developers and operators of platforms and technologies used for the dissemination of copyrighted works, public enforcement agencies, and other entities? How are distribution of costs and benefits shaped by the safe harbor provisions of the DMCA and related legal standards regarding secondary liability?
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From page 42... ...
have survived copyright challenges on the basis of fair use, for example; used book sellers and movie rental businesses that rely on the first sale doctrine; libraries that rely on fair use; publishers of books for which copyright has expired; and a variety of music outlets that rely on the complex scheme of limitations and compulsory licenses applicable to music copyrights. A variety of practices in the education and library contexts are also shaped by fair use, first sale, and other exceptions.
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From page 43... ...
, United Nations Educational, Scientific, and Cultural Organization (UNESCO) , and international scientific organizations can help address data access issues which are no doubt different than but possibly as challenging as they are in the United States.
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