Paul J Heald Herbert Smith Fellow amp Affiliated Lecturer Cambridge University Professor of Law University of Illinois Professorial Fellow CIPPM Bournemouth University Papersssrncomsol3 ID: 590411
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Slide1
How Copyright Makes Works Disappear (Study 1) and How Secondary Liability Rules Enable YouTube Help the Problem for Music (Study 2)
Paul J. Heald
Herbert Smith Fellow &
Affiliated
Lecturer, Cambridge University
Professor of Law, University of Illinois
Professorial Fellow, CIPPM, Bournemouth
University
Papers.ssrn.com/sol3/
papers.cfm?abstract_id
=2290181Slide2
Study #1: How Copyright Makes Works Disappear . . .
Random sample of 7000 fiction books on Amazon
Only new books available from Amazon [no used titles or titles from Amazon “affiliates”]
Gathered via a random ISBN number generator
2317 of 7000 titles located in the Library of Congress catalog
Date of earliest LOC edition used as proxy for initial publication date of title [note this biases dates upward chronologically]Slide3
We might expect to see this . . .Slide4
Or this . . .Slide5
What Professor Landes Would Expect to See . . .Slide6Slide7Slide8Slide9Slide10
Copyright Distortion?Slide11
What About Music?
Brooks (2006) shows only 14% of famous old tunes digitized, so I Tunes or Amazon CD’s would be age-biased.
So, collected data from two movie soundtrack samples
Top 100 grossing movies of all-time from
www.boxofficemojo.com
134 randomly selected movies from
www.boxofficemojo.com
All from
DVD’s currently
on sale at
AmazonSlide12Slide13Slide14Slide15
Why So Many Fewer PD Songs in the Randomly Picked Movies?
Unlikely that directors of big budget blockbusters are more price sensitive.
But Median release date
of
100 highest grossing
movies is
1977
and the median release data of the
134 random movies
is
2002
[Box Office Mojo skews to newer movies]
Oldest random movie was released in 1981.Slide16
But why should relatively newer movies have fewer PD songs?
Due to copyright term extensions (e.g. 1976), newer movies are farther removed from the public domain reservoir of songs.
HYPOTHESIS:
The half of the Top Grossing films released before 1977 will rely on more PD songs than the half released after 1977
.Slide17Slide18Slide19
Study #2: Uploading Hits on YouTube: How Notice and Takedown Rules Facilitate the Availability of Music
Collected the
N
umber One Songs in Brazil and France, from 1930-1960 and from US from 1930-68..
Searched for each song on YouTube and charted the first 10 uploads containing a version of the song.
Tracked
4 types
:
recorded songs
with only a picture of the album or CD cover or a picture of the artist;
amateurs
performing
the song;
custom videos
with the song in the background; and television and movies
clips
.
N
oted
uploader
identity. # of views, date of upload, monetized or not.Slide20
Why is this Non-Monetized?Slide21
Preliminaries
Almost all of the uploads are unauthorized.
Much outright infringement is tolerated –remains up and not monetized.
Many uploads are monetized.
Average upload date is July ‘09 for non-monetized uploads and September ‘09 for monetized uploads
.Slide22Slide23Slide24Slide25
Who can take down uploads?
C
ustom videos and new amateur performances: Owner of the composition copyright.
R
ecorded songs: Owner of composition
OR
sound recording copyright.
T
elevision or movie clips: Owner of composition
OR
video copyright.
YouTube requires proof of ownership of
all components
to monetize!Slide26
Questions about U.S. Market
Does a
coordination effect
hamper the ability of to monetized uploads where owners of compositions and videos must cooperate?
Do better post-1968 contracts increase the monetization rate?
Why do composers tolerate
so much
infringement
in the context of television and movies clips?
How bad is the problem of lost television episodes, specials, and newscasts?Slide27
France and Brazil in ComparisonSlide28Slide29Slide30
Tentative Overall Conclusions
Traditional book and music publishing models demonstrate how copyright stands in between works and the consuming public
.
Non-owners play a very important role in maintaining the availability of public domain and copyrighted works.
YouTube, lowers transaction costs, providing valuable information, and facilitating both availability to consumers and revenue streams to owners.
Current secondary liability rules look efficient!