Alternative Compensation Models for Large-Scale Non-Commercial Online Uses

 Posted by on July 5, 2015  Comments Off on Alternative Compensation Models for Large-Scale Non-Commercial Online Uses
Jul 052015
 

5Author: João Pedro Quintais

Abstract: This paper briefly discusses an alternative legal model to assure remuneration for non-commercial mass online uses by individuals, covered by the exclusive rights of reproduction and communication/making available to the public in Directive 2001/29/EC. Alternative compensation systems (ACS) are legal mechanisms that forsake the need for direct authorization of end-user acts under the aforementioned rights – downloading, uploading, sharing, modifying – while simultaneously ensuring compensation to creators (i.e. authors and performers) or all rights holders of works included in the scheme. Continue reading »

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Legal Innovation in International Intellectual Property Relations: Revisiting Twenty-One Years of the TRIPS Agreement

 Posted by on April 13, 2015  Comments Off on Legal Innovation in International Intellectual Property Relations: Revisiting Twenty-One Years of the TRIPS Agreement
Apr 132015
 

okediji-ruthAuthor: Ruth Okediji

Abstract: An explicit goal of the 1994 TRIPS Agreement was to secure export markets for a wide variety of knowledge goods in which industrialized countries had long held a competitive advantage. In more fundamental terms, however, the TRIPS Agreement sought to reshape the conditions of future global competition, particularly the extent to which developing countries could use intellectual property (IP) as a form of industrial policy in pursuit of strategic development objectives. Continue reading »

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The Author’s Place in the Future of Copyright

 Posted by on March 9, 2015  Comments Off on The Author’s Place in the Future of Copyright
Mar 092015
 

ginsburgAuthor: Jane C. Ginsburg

Abstract: Two encroachments, one long-standing, the other a product of the digital era, cramp the author’s place in copyright today. First, most authors lack bargaining power; the real economic actors in the copyright system have long been the publishers and other exploiters to whom authors cede their rights. These actors may advance the figure of the author for the moral lustre it lends their appeals to lawmakers, but then may promptly despoil the creators of whatever increased protections they may have garnered. Continue reading »

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Intellectual Property Strategy and the Long Tail: Evidence from the Recorded Music Industry

 Posted by on October 30, 2014  Comments Off on Intellectual Property Strategy and the Long Tail: Evidence from the Recorded Music Industry
Oct 302014
 

laurina-zhang-croppedAuthor: Laurina Zhang

Abstract: Digitization has impacted firm profitability in many media industries by lowering the cost of copying and sharing creative works. I examine the impact of digital rights management (DRM) – a prevalent strategy used by firms in media industries to address piracy concerns – on music sales. I exploit a natural experiment, where different labels remove DRM from their entire catalogue of music at different times, to examine whether relaxing an album’s sharing restrictions increases sales. Using a large sample of albums from all four major record labels, I find that removing DRM increases digital music sales by 10% but relaxing sharing restrictions does not impact all albums equally. It increases the sales of lower-selling albums (i.e., the “long tail”) significantly (30%) but does not benefit top-selling albums. These results suggest that the optimal strength of copyright depends on the distribution of products in firms’ portfolio.

Click here for the full paper on SSRN.

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Piracy and New Product Creation: A Bollywood Story

 Posted by on August 19, 2014  Comments Off on Piracy and New Product Creation: A Bollywood Story
Aug 192014
 

telang-waldfogelAuthors: Rahul Telang and Joel Waldfogel

Abstract: While copyright research in the decade following Napster focused mostly on whether file sharing undermines demand, research has more recently asked how piracy and other aspects of digitization affect the supply of new products. Although revenue has declined sharply, evidence that weakened effective copyright protection undermines creation has been elusive. Continue reading »

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Jun 192014
 
Photo by Ito (CC-BY-2.0)

Photo by Ito (CC-BY-2.0)

PIJIP Reesearch Paper 2014-01

ABSTRACT: Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Continue reading »

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Jan 222014
 

ajstidWe invite participants of the combined 3rd Global Congress on IP and the Public Interest and Open A.I.R. Conference on Innovation and IP in Africa to submit their papers for a special issue of the African Journal for Science, Technology, Innovation and Development. The best papers presented and submitted at the Open A.I.R. Conference and Global Congress will be reviewed, and may be selected for publication.

The AJSTID (http://www.ajstid.com) is an interdisciplinary and refereed international journal on science, technology, innovation and development in Africa and other low-income countries. It has been established to highlight the crucial role of science, technology and innovation for development and to promote research on the contribution of knowledge creation and diffusion to development in Africa. Continue reading »

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Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law

 Posted by on September 2, 2013  Comments Off on Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law
Sep 022013
 

Christopher Buccafusco and Jonathan MasurChristopher Buccafusco and Jonathan S. Masur
University of Chicago Law & Economics Working Paper
Excerpt from introduction:

This Article offers an economic analysis of the use of criminal liability in two areas of IP: copyright law and patent law. Our goal is to analyze the relative costs and benefits of criminal sanctions for IP violations. Economic analysis is particularly appropriate to this discussion for a number of reasons. Continue reading »

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PIJIP Res. Paper: Intellectual Property Reform in Colombia and ISP Liability

 Posted by on July 3, 2013  Comments Off on PIJIP Res. Paper: Intellectual Property Reform in Colombia and ISP Liability
Jul 032013
 

colombia flag - better croppingPIJIP Research Paper no. 2013-03

Authors: Glushko-Samuelson Intellectual Property Clinic in Collaboration with Andrés Izquierdo and Fundación Karisma

Introduction: In April 2011, Bill 201—known as “Ley Lleras 1.0”—was introduced by the Colombian legislature to implement certain provisions in the US-Colombia Free Trade Agreement (FTA).  The law placed strong burdens on Internet Service Providers (ISPs) to police the Internet and would have allowed ISPs to collect information about users, including which websites they frequent, what content they access or post, and with whom they communicate.  It also permitted ISPs to deactivate subscribers’ Internet access without a court order verifying that the subscriber had posted or accessed copyright-infringing material.

Fortunately, Ley Lleras 1.0 was archived in November 2011 after civil society groups harshly criticized it as shattering the notion of privacy and standing as a barrier to the free access of information.  However, this attempt to pass an overly restrictive ISP law reveals how the Colombian legislature has not fully considered the impact such laws could have on the fundamental rights to expression, information, privacy, and due process.  Public discussion and debate are necessary so that future ISP liability laws will not violate these precious rights for all Colombians. Continue reading »

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PIJIP Res. Paper: Intellectual Property Reform in Colombia

 Posted by on June 24, 2013  Comments Off on PIJIP Res. Paper: Intellectual Property Reform in Colombia
Jun 242013
 
Andrés Izquierdo

Andrés Izquierdo

PIJIP Research Paper no. 2013-02

Authors: Glushko-Samuelson Intellectual Property Clinic in Collaboration with Andrés Izquierdo and Fundación Karisma

Introduction: In January 2013, the Colombian Constitutional Court struck down on procedural grounds the controversial copyright law known as Ley Lleras 2.0, which presented Colombia with a tremendous new opportunity to draft balanced copyright legislation that meets the needs of its citizens. Continue reading »

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EC Working Paper – Digital Music Consumption on the Internet: Evidence from Clickstream Data

 Posted by on March 20, 2013  Comments Off on EC Working Paper – Digital Music Consumption on the Internet: Evidence from Clickstream Data
Mar 202013
 

EC Digital Music Study CoverAuthors:  Luis Aguiar and  Bertin Martens

Abstract:  The goal of this paper is to analyze the behavior of digital music consumers on the Internet. Using clickstream data on a panel of more than 16,000 European consumers, we estimate the effects of illegal downloading and legal streaming on the legal purchases of digital music. Our results suggest that Internet users do not view illegal downloading as a substitute to legal digital music. Although positive and significant, our estimated elasticities are essentially zero: a 10% increase in clicks on illegal downloading websites leads to a 0.2% increase in clicks on legal purchases websites. Online music streaming services are found to have a somewhat larger (but still small) effect on the purchases of digital sound recordings, suggesting complementarities between these two modes of music consumption. According to our results, a 10% increase in clicks on legal streaming websites lead to up to a 0.7% increase in clicks on legal digital purchases websites. We find important cross country difference in these effects. Continue reading »

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Beyond the Unrealistic Solution for Development Provided by the Appendix of the Berne Convention on Copyright

 Posted by on April 30, 2012  Comments Off on Beyond the Unrealistic Solution for Development Provided by the Appendix of the Berne Convention on Copyright
Apr 302012
 

PIJIP Research Paper no. 2012-08

Author: Aberto Cerda Silva

Abstract: The standards of copyright protection promoted by the Berne Convention are highly problematic for developing countries because these countries need to ensure a wide dissemination of works for teaching, scholarship, and research purposes. In order to accommodate these needs and to promote accession to this Convention, the 1971 Paris Act of the Berne Convention, included an Appendix that allowed developing countries to issue compulsory licenses for translating and/or reproducing foreign works into languages of general use in their territories. Unfortunately, the Appendix has not met the needs of developing countries, which, instead, have relied on idiosyncratic solutions. Additionally, the instrument does not provide solutions for other needs, such as those of linguistic and cultural minorities, and it is arguable whether the Appendix applies online. Continue reading »

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