Category Empirical Research

Submission to Nigerian Copyright Office: Consultation on Copyright Amendment Bill

[Sean Flynn and Dick Kawooya] We are grateful for the opportunity to participate in Nigeria’s consultation on its copyright bill. Below, we present some of our research findings from PIJIP’s Project on the Right to Research in International Copyright relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). TDM is a critical element of numerous machine learning and “artificial intelligence” intelligence applications. Our research supports the adoption of the proposed open fair dealing exception for “research.” Our research also supports consideration of an additional specific exception for uses of works in TDM to supplement the proposed general fair dealing exception.

Introducing the Copyright Anxiety Scale

[Amanda Wakaruk, Céline Gareau-Brennan and Matthew Pietrosanu] Abstract: Navigating copyright issues can be frustrating to the point of causing anxiety, potentially discouraging or inhibiting legitimate uses of copyright-protected materials. A lack of data about the extent and impact of these phenomena, known as copyright anxiety and copyright chill, respectively, motivated the authors to create the Copyright Anxiety Scale (CAS). This article provides an overview of the CAS’s development and validity testing. Results of an initial survey deployment drawing from a broad cross-section of respondents living in Canada and the United States (n = 521) establishes that the phenomenon of copyright anxiety is prevalent and likely associated with copyright chill.

Submission to Canadian Government Consultation on a Modern Copyright Framework for AI and the Internet of Things

[Sean Flynn, Lucie Guibault, Christian Handke, Joan-Josep Vallbé, Michael Palmedo, Carys J. Craig, Michael Geist, and João Quintais] We are grateful for the opportunity to participate in the Canadian Government’s consultation on a modern copyright framework for AI and the Internet of Things. Below, we present some of our research findings relating to the importance of flexibility in copyright law to permit text and data mining (“TDM”). As the consultation paper recognizes, TDM is a critical element of artificial intelligence. Our research supports the adoption of a specific exception for uses of works in TDM to supplement Canada’s existing general fair dealing exception.

Promotion of TRIPS-Plus Intellectual Property Provisions Through the Special 301 Review: How Did It Change During the COVID-19 Pandemic?

[Mike Palmedo] This post introduces my chapter the Special 301 Report in the newly-published book Intellectual Property and Access to Medicines.  The chapter, titled “Unilateral Norm Setting Using Special 301” focuses on Special 301 listings from 2009 to 2020 related to intellectual property policies that can be used to access generic medicines. This post will also describe the Special 301 listings in the 2021 Special 301 Report, which was released after the Covid-19 pandemic had taken hold. There were some differences in the 2021 Report pertaining to specific TRIPS flexibilities useful in the fight against Covid-19. However, much of the 2021 Report was similar to the reports released before the pandemic – the Report still criticized countries for policies that could help the fight against Covid-19.

Call for Proposals: Global Congress on Intellectual Property and the Public Interest #IPWeek2021

From July 26 to September 10, the call for proposals will be open for the collaborative agenda of #IPWeek2021, Intellectual Property Week, the Public Interest, and COVID-19: learnings, discoveries, and challenges. This new version of Intellectual Property, Public Interest and COVID-19 Week will address the lessons and discoveries that the COVID-19 pandemic left to society, and future challenges in the post-pandemic period, in the relationship framework between intellectual property and the public interest.

Who is terminating their copyrights? New research and open access datasets from the Author’s Interest Project

[Joshua Yuvaraj] ...This research examines Copyright Office records created each time someone files a notice of termination under §§ 203 or 304 of the Copyright Act. Those sections grant authors and their heirs inalienable rights to end copyright grants and reclaim their rights 35 years after transfer. They were designed to give authors a ‘second bite’ of the cherry, giving some redress in situations like that involving the co-creators of Superman (who sold their rights for just $130 in 1938). We constructed new open access datasets that contain all the termination notices we could locate in the catalog. Our research also analyses who is filing such notices and for what types of work, and how publishers, record companies, and other intermediaries respond when notices are filed against them.

End-User Flexibilities in Digital Copyright Law – An Empirical Analysis of End-user License Agreements

[Péter Mezei and István Harkai] Abstract: In the platform age, copyright protected contents are primarily disseminated over the internet. This model poses various challenges to the copyright regime that was mainly designed in and for the analogue age. One of these challenges is related to the fair balance between the interests of rightholders and other members of the society. Copyright norms try to guarantee this balance by granting a high level of protection for rightholders and preserving some flexibility for end-users. Regulation by platforms’ end-user license agreements might also be relevant to preserve that balance. The present paper focused on how these private norms allow for or diminish the exercise of user flexibilities. We collected, analysed and compared seventeen private ordering practices of service providers grouped in four main categories.

New Paper Shows Data Exclusivity Linked to Higher Prices of Pharmaceutical Imports

[Mike Palmedo] Some studies that estimating the impact that trade agreements have had on medicine prices have found it to be small, as the effects take a long time to become fully apparent. Studies that have instead studied the effect of TRIPS-Plus rules required by trade agreements – such as patent term extensions, rules on the protection of test data – have often found significant impacts on prices or availability of medicines. Many of the existing studies have focused on one country, and/or on a few drugs. In a new working paper, I take another approach by focusing on one TRIPS-plus provision required by all US trade agreements and demonstrating that the provision has been associated with faster inflation of imported pharmaceutical import prices in a set of 42 countries. Specifically, the price of drug imports rose on average between 2.4 and 4.5 percentage points faster in the countries that had implemented data exclusivity than in those without it.

Call for Research Proposals

The Academic Network on the Right to Research in International Copyright is calling for research relevant to the development of global norms on copyright policy in its application to research. Text and data mining research, for example, is contributing insights to respond to urgent social problems, from combatting COVID to monitoring hate speech and disinformation on social media. Other technologies make it possible to access the materials of libraries, archives and museums from afar - an especially necessary activity during the COVID pandemic. But these and other research activities may require reproduction and sharing of copyright protected works, including across borders. There is a lack of global norms for such activities, which may contribute to uncertainty and apprehension, inhibiting research projects and collaborations. We seek to partner with researchers interested in exploring the means and ends of recognizing a “right to research” in international copyright law. In our initial conception, there are at least three overlapping dimensions to the concept.

Fair Use in Practice: South Korean Film Directors’ Copyright Understanding

[Yoonmo Sang, Patricia Aufderheide, Minjeong Kim] Abstract: This study, based on a survey of 100 South Korean film directors, investigates their understanding and employment of fair use. South Korean film directors are largely unaware of this law that could improve their capacity to create work more effectively and at lower cost. Furthermore, they engage in self-censorship, which can limit their creative choices. Many such choices inhibit the exploration of South Korea’s vigorous popular culture and its history. These obstacles largely lie not with the law, but with knowledge and norms in the field.

Copyright and Economic Viability: Evidence from the Music Industry

[Kristelia Garcia, James Hicks and Justin McCrary] Abstract: Copyright provides a long term of legal excludability, ostensibly to encourage the production of new creative works. How long this term should last, and the extent to which current law aligns with the economic incentives of copyright owners, has been the subject of vigorous theoretical debate. We investigate the economic viability of content in a major creative industry—commercial music—using a novel longitudinal dataset of weekly sales and streaming counts. We find that the typical sound recording has an extremely short commercial half-life—on the order of months, rather than years or decades—but also see evidence that subscription streaming services extend the period of economic viability.

The Copyright Tax

[Glynn Lunney] Abstract: In 1841, Lord Babington described copyright “as a tax on readers for the purpose of giving a bounty to writers.” In this article, I take that description literally. Treating copyright as a tax-and-subsidy system, I use a novel data set to estimate the amount of the copyright tax and to demonstrate that the copyright tax has increased significantly for books and music with the transition from analog to digital distribution. I then explore who pays it. Finally, I use the rise-and-fall of the sound recording copyright as a natural experiment to explore what, if anything, taxpayers have received in return for paying their copyright taxes.