Cultivating Copyright: How Creators and Creative Industries Can Harness Intellectual Property to Survive the Digital Age

Description

Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing. Cover Half Title Series Title Copyright Contents Introduction and Road Map Introduction The Road Map 1 What Is the Problem: Copyright and Creativity in Crisis 1.1 The Germination of Copyright 1.2 The Economic Justifications for Copyright: The Appropriability Problem; The Production, Structural, and Expressive Functions of Copyright 1.3 The Varied Nature of IP Regimes: High-IP Regimes, Low-IP Regimes, and Hybrid IP-Regimes 1.4 Creators versus Creative Intermediaries 2 What Is Causing the Problem: Disruptive Innovation 2.1 How Disruptive Innovation Works 2.2 How Disruptive Innovation Impacts Rights in Digital Creative Works 2.3 How Disruptive Innovation Transforms Markets and Business Models in Digital Creative Works 2.4 How Disruptive Innovation Enables Piracy and Radically Undermines Markets in Creative Works 2.5 How Disruptive Innovation Affects the Nature of Creative Content 3 What Are Creative Industries Afraid Of: Known Risks 3.1 Introduction 3.2 Unfair Skewing of the “Innovation Lottery” 3.3 High Fixed Costs of Production 3.4 Devaluation of Content 3.5 Devaluation of Intermediaries 3.6 Devaluation of Credentialization 3.7 Loss of Traditional Sources of Revenue 3.8 Competing With Free 3.9 Competing With Almost-Free 3.10 Ability or Inability to Price Discriminate 3.11 Struggling for First-Mover Advantage and Marketplace Position 3.12 Limitations of Technologically Driven Strategies to Thwart Copying and Piracy 3.13 Limitations of Anti-Copying Strategies 4 What Should the Content Industries Be Afraid of, But May Not Be Aware Of?: Unseen Risks 4.1 Social Norms in Creative Ecosystems: Origins in Guilds and Modern Guild-Like Systems 4.2 Breakdown of the Norms of Social Capital, Reputational Capital and Cultural Recognition 4.3 Breakdown of the Norm of Attribution 4.4 Breakdown of the Norm of Apprenticeship 4.5 Breakdown of Economies of Prestige 4.6 Breakdown of Norms of Knowledge Exchange and Collaboration 4.7 Breakdown of Commons 4.8 Threat to Negative Spaces 4.9 Undermining of “Negative Space” in Fields Where IP Has Not Traditionally Been Called Upon to Keep Productivity Robust 4.10 Loss of Flexibility That Non-IP or Low-IP Spaces May Afford 4.11 Breakdown of Norms: Stealing Versus Sharing 4.12 Potential Repercussions of Propertization on the Public Domain 4.13 Possible Negative Effects on Creative Content 5 What Doesn’t Work: Focusing Exclusively on Business- or IP-Based Solutions 5.1 What Can Changing the Business Model Do? 5.2 What Does Changing the Business Model NOT Do? 5.3 What Are the Relative Advantages and Disadvantages to Changing the Business Model versus Changing the IP Model? 5.4 What Can IP Do? 5.5 What Can More IP Do? 5.6 What’s Wrong With Just More IP? 5.7 What About Eliminating IP? 6 What Does Work: Tailoring 6.1 Introduction to the Tailoring Framework 6.2 The Four-Factors Test: Weighing Legal, Business, Technological, and Behavioral/Normative Factors 7 Tailoring Business Models and Strategies 7.1 Introduction to Business Issues 7.2 How Resilient and Adaptable Is Your Business Model? 7.3 Can You Change Your Profitability Paradigm? 7.4 Do You Still Rely on Intermediaries? 7.5 How Do You Remunerate Your Labor? 8 Tailoring Legal Policies and Practices 8.1 Introduction to Legal Issues 8.2 How Do You Maximize Your IP Protection? 8.3 Do You Use IP Rights to Retain and Reward Your Employees? 8.4 If You Are Seeking to Implement or Enhance Your IP Protection, How Much Transaction Costs Would Change Incur? 8.5 How Important to You are Licensing Rights Vs. Ownership Rights? 8.6 Have You Implemented Collective Rights Management? 8.7 If You Are a Low-IP or Negative Space: Is IP Good for Your Industry, Is Copying Good for Your Industry, or Is a Hybridized Model Good for Your Industry? 9 Tailoring Technological Measures 9.1 Introduction to Technological Issues 9.2 What Technological Protection Do You Have in Place and How Effective Is It? 9.3 How Much Do You Value Interoperability? 9.4 What Kind of Positive Externalities Do You Have? 10 Tailoring Cultural and Normative Features 10.1 Introduction to Cultural Issues 10.2 Do You Have the Features of a Constructed Commons or Guild? 10.3 Do You Have Cultural Features That Substitute for or Supplement a Formalized Legal IP System? 10.4 How Much Room Is There for Open-Source Production? Do You Benefit From Open-Source Production? 10.5 How Many Spillover and Network Effects Can Your Industry Produce? 11 What Is Exacerbating the Problem: Big Tech: The Thumb on the Scales 11.1 Introduction 11.2 Pipelines 11.3 Pricing 11.4 Policing 11.5 Populism 12 What to Do When Tailoring Doesn’t Suffice: Countervailing Strategies 12.1 Introduction: Finding Strategies or Workarounds When Big Tech Skews the Field 12.2 Scaling Up: Mergers and Acquisitions 12.3 Strategic Alliances With Big Tech 12.4 Creating a Global Media Company 12.5 Taking Control of Content Development, Content Production, and Delivery Systems 12.6 Keeping Content Fresh, Interactive, and Engaging 12.7 Conclusion: Taking Control 13 Copyright, Democracy, and Art 13.1 The Democracy Paradox: How Protecting Copyright Enhances Democratic Flourishing Index