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32652points from the WIPO report 2013

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  • josephHarris
    Nov 28, 2013
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      http://www.wipo.int/export/sites/www/freepublications/en/copyright/893/wipo_pub_893.pdf
      The report is free. The extracts below are to whet your interest. There
      is a considerable amount in it and some will be of value to all. Most
      particularly it gives the lie direct to the majority of "it should be
      free" and similar charges, and t o any belief that it is a secondary
      matter. It will give arguments related to the new US Copyright Act, now
      under preparation. And it will arm those round the world in dealing with
      governments. WIPO has constructed an invaluable analysis and factual
      resource.

      Joseph Harris

      "Once
      perceived as an obscure legal concept, today copyright is increasingly
      relevant to the
      everyday lives of an unprecedented number of people. In the global
      economy, copyright
      protection creates the basis for entire industries such as those for
      music, publishing, film,
      broadcasting and software, and affects as well many other business
      activities. Thus
      copyright is a powerful source of economic growth, creating jobs and
      stimulating trade."

      Annex 1 give an amazing list of industries under the copyright umbrella.
      As well as partial and non-dedicated ones.

      "...showing how the
      principle of copyright protection had contributed to establishing
      significant sectors of the
      economy which were expanding more quickly than the rest of the economy...."

      "...while there is significant amount of literature on the
      economic effects of patents on economic growth, similar work has only
      relatively recently
      started on copyright...."

      ***"Copyright is a property right"***
      "Property rights are defined as “the
      ability of individuals to own, buy, sell and use their property in a
      market economy.”

      "Copyright is different from means of delivery"

      "73. First and foremost copyright law defines, recognizes and protects
      the copyright of
      original works. It outlines the scope of the goods to be marketed and
      sets out the general
      rules for their trade. In this way, copyright law becomes a prerequisite
      for market
      transactions as it enables trade with the access to the underlying
      intellectual property.
      Without copyright it would have been less profitable to trade in
      cultural creations since they
      would not have acquired the characteristics of economic goods.40"

      "76. Copyright law has also a number of important consequences of
      economic nature:
      Copyright protection increases the ability of the copyright holder (the
      supplier) to maximize
      his market position in at least two ways. Firstly, it allows him to set
      the market price at a
      “monopoly” rather than at a competitive level (though we refer here to a
      different type of
      monopoly),43 and secondly, it allows the supplier to price discriminate
      with regard to the
      other participants in the market according to different levels of access."

      "80. A number of conditions need to be met in order for copyright to
      perform its proper
      functions. Among those particular attention should be paid to
      appropriate monitoring and
      controlling misuse by consumers as well as the existence of appropriate
      valuation of
      copyright, which has to balance the true cost of production and
      efficient protection."

      "...creators
      must be sufficiently compensated, or they will find another employment...."

      "If the intellectual
      property is not protected it will be easily reproduced and some other
      delivery media will
      compete with the original on the market. This will undermine the profits
      and could imply
      insufficient compensation for the creator. Under a system of legal
      protection the marginal
      cost of reproduction will be increased and the market price will not
      fall so far as when
      originals and copies compete and creators can thus enjoy compensation.45"

      "3.4. Copyright in the Context of the National Economy
      (a) Multiple effects on the economy"

      "Effects are produced on the overall economy at all different stages –
      creation,
      production, distribution and consumption. It should be noted that these
      effects vastly vary,
      depending on the different categories of work, thus for example in
      respect of a book and a
      song – different materials are used, different formats are applied,
      different devices are
      needed to use the work, etc. Different works have different effect and
      in this Guide we
      focus only on the effect which has a direct economic bearing. The legal
      protection granted
      by copyright in a given country is crucial for specifying the categories
      of works to be
      included in the study."

      "(b) Economic organization and the role of the government"

      "85. Cultural markets are highly diversified and that leads to
      substantial differences of the
      various industries or copyright activity under review. The different
      industries have different
      media for distribution, rely on different technologies, and require
      different materials and in
      general different levels of investment. They often target different
      audiences and base their
      activity on different rights or set of rights. As earlier pointed out,
      in real life one transaction
      involves many rights. An important aspect of the cultural market is the
      financing available.
      Clearly, the media industries, which reach a broader audience, demand
      bigger investments"

      "Figure 1 Creative Industries55"

      "107. The statistical distinctions have two aspects – how to classify
      these industries and
      secondly, where to find data on them.
      108. Statistical distinctions often tend to follow the functional
      distinctions. Governments’
      statistics deliberately do not distinguish between production and
      distribution functions.
      The general trend is that form follows function and government
      statisticians follow what is
      proposed by the industrial organizations’ structure. At the corporate
      level, statistics are
      mostly compiled without distinction between production and distribution.
      Consequently
      the consolidated account statements reflect this and it leaves very
      difficult to distinguish
      between the two functions in statistical terms. If this is the way
      statistics are being kept
      and reported, there is no argument for reorganizing, disaggregating or
      separating them."

      "(a) Press and literature
      authors, writers, translators;60
      newspapers;
      news and feature agencies;
      magazines/periodicals;
      book publishing,
      cards61 and maps;
      directories and other published materials;
      pre-press, printing, and post-press of books, magazines, newspapers,
      advertising materials;
      wholesale and retail of press and literature (book stores, news
      stands62); and
      libraries.63"

      "5.2. What to Measure?
      145. The existing studies show a great deal of consistency among them in
      terms of what
      need to be studied. They focus consistently on three main indicators:
      (1) size of the copyright-based industries as a percentage of GDP;
      (2) employment; and
      (3) foreign trade (i.e., share of imports and exports)."