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4 Data Infrastructure for an Empirical Approach to Copyright Policy Research
Pages 45-62

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From page 45...
... There was no paucity of theory, but the difficulty of subjecting these theories to systematic and detailed empirical analysis meant that the debates went largely unresolved. There was even widespread skepticism that empirical research was feasible, let alone useful.
From page 46...
... A robust empirical research agenda in the copyright area will require data associated with the activities of very different stakeholders -- originating artists, performers, companies that publish and disseminate copyrighted works -- as well as much more detailed user data that capture patterns of digitized material consumption and distribution across population groups. The availability of systematic data and the emergence of a community of investigators able to identify the strength and weaknesses of particular data sources for addressing particular issues were keys to an empirically oriented understanding of the patent system that has clearly influenced policy making in the area.
From page 47...
... OPPORTUNITIES AND CHALLENGES ARISING FROM DIGITAL TECHNOLOGY Copyright policy is most contentious and in flux in the digital realm. The introduction of CDs, DVDs, MP3 files, UGC websites, web-based content aggregators, and now streaming music and radio have all created challenges for the interpretation and enforcement of copyright law not only in the music industry but also in other copyright-intensive industries such as newspapers, software, and film.
From page 48...
... This section highlights the practical and conceptual challenges inherent in the collection of digital copyrightrelated data and its use in carefully designed research. Incentives of Data Owners Data collection can be costly.
From page 49...
... Challenges of Research Design Even if some of the adverse data-sharing incentives of data owners could be negotiated, credible research requires well-conceived research designs. The ideal approach is to experimentally subject a treatment group to a particular policy while leaving another, similar "control" group untouched, then to estimate the impact of the policy using relevant outcome variables.
From page 50...
... This mismatch in the quantity of digital output and its mis-measurement in copyright-relevant industries makes empirical analysis extremely hard to implement. Despite the formidable challenges of measuring the value of free goods, their increasing importance in many digital contexts requires that new research methods be developed and implemented.
From page 51...
... For example, the recently issued 360-page National Broadband Plan contains information from only a few statistical studies authored by neutral third-parties, primarily academics. It contains little in the way of statistical analysis of the consequences of various policy options.
From page 52...
... To study the role of each agent in the digital economy -- creator, marketer, distributor, and consumer -- three categories of data are needed. These include data that are currently available to the public but not extensively studied in the context of digital technology; data that exist but for whatever reason are not available to the general public; and data that do not currently exist but can be created.
From page 53...
... This report includes data on broadband and wireless penetration as well as the percentage of Internet users who carry out certain activities online such as reading the news or playing games. Together, the Federal Communications Commission and Pew reports describe some aspects of the user dynamics of the digital world and have the potential to model different aspects of consumer behavior online.
From page 54...
... Original artistic • information on the careers, • information on the productions activities, and income of consumption of art by originating artists including museums, collectors, galleries, fine artists, architects, corporations and the general designers, sculptors, etc. public Scientific • data on scientific • data on use of prior research papers and researchers by scientific researchers, by research reports • data on the activities professional practitioners who and finances of scientific rely on scientific findings publishers (e.g., physicians)
From page 55...
... A private firm, Lex Machina, is preparing copyright litigation data in a form that should be useful to researchers. We have also identified data in the private sector that can advance our understanding of the impact of copyright laws.
From page 56...
... 56 COPYRIGHT IN THE DIGITAL ERA TABLE 4-2  Existing Data Sources and Stakeholders Agents Database Name Source Frequency Consumers A2/M2 Nielsen Quarterly Consumers The Diverse and IDC One-time Exploding Digital Universe Consumers The Digital IDC One-time Universe Decade Consumers High-speed FCC Semi-annual services for Internet access Consumers Survey data Pew Internet Annual Consumers Soundscan Social Nielsen Ongoing Media Report Television Report Creators Copyright records U.S. Copyright Ongoing Office Creators Copyright Stanford One-time renewal database University Distributors 10-K and 10-Q Media Annually and reports distribution quarterly companies Copiers Digital Music IFPI Annual Report 2010 Regulators Music Consumer RIAA Annual Profile
From page 57...
... Contains information on renewing entity, renewal date, and registration date. • http://collections.stanford.edu/copyrightrenewals • Includes financial data such as net income, revenue, and cost of goods sold.
From page 58...
... Digital Music Report 2010 estimates the revenues lost due to music infringement in select countries around the world. Estimates include global revenues for games, music, films, newspapers, and magazines.
From page 59...
... In the Internet realm, with little control and regulation, the data collection process presents many technological challenges. Examples of such data of interest include systematic measures of copyright enforcement, radio playlists for all stations, and licensed use of musical works in television and movies.
From page 60...
... The Bureau of Economic Affairs of the Commerce Department has very limited resources to acquire the types of business data described above that could be extremely useful in understanding the landscape of intangible assets. The committee proposes a more ambitious approach.
From page 61...
... The Bureau or the National Science Foundation would issue periodic reports of aggregated data, but detailed data would be available to qualified licensed researchers on the same basis as other business confidential information, through the Census data centers. Such survey data could never provide data to answer all of the research questions we pose in Chapter 3 but would be a considerable advance on the status quo, greatly contributing to our ongoing efforts to better understand the stock and flow of intangible assets in the economy.


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