首页 | 本学科首页   官方微博 | 高级检索  
相似文献
 共查询到20条相似文献，搜索用时 500 毫秒
1.
The Moral Rights of Artists: Droit Moral ou Droit Pécuniaire?   总被引：1，自引：1，他引：0  
An artist's moral rights consist of the right to be identified as the creator of a work (Attribution), the right to decide when and whether to publish the work (Disclosure), the right to withdraw a work from circulation (Withdrawal), and the right to preserve the integrity of the work (Integrity). As there are two main schools of thought on the monetary aspects of copyright, so are there two schools on moral rights. Canada embodies two legal traditions, and so provides an interesting case study of moral rights legislation. The main interests for economists studying moral rights are (i) the extent to which moral rights should be tied to monetary rights, and (ii) the extent to which moral rights should be alienable.  相似文献   

2.
The purpose of this contribution is to move the study of performing rights forward and away from discussion of matters of principle to matters of implementation. Our procedure is to identify the chronological steps which have to be taken by composers or their representatives in ensuring that their property right can be exploited, resulting in payment for performances. At each step we shall attempt to offer observations, based principally but by no means solely on UK experience, on both the economic and legal issues that arise. The first stage in the exploitation of copyright is to create a work in a discernible form. In music this has traditionally taken the form of a score. However, today most popular music will take the form of a taped performance. This is followed by critical discussion of the term of copyright protection and whether a monopoly is created in respect of performing rights. In addition to performing rights, account has also to be taken of performers' rights, raising issues of where copyright protection ends and performers' rights begin. The second stage of exploitation is publication, promotion and performance of the work, a matter so complex that it has necessitated the establishment of collective organisations of authors and publishers to be effective. Policy issues arise about the relations between the members of such organisationsinter se, and between the organisations and users, and these are illustrated by a number of examples from the history of the British Performing Right Society. Disputes led to the establishment of specialist tribunals in the UK and elsewhere, and there have also been investigations of collecting societies by the British and EC competition authorities. The global market for music means that such issues transcend national frontiers, and there is some discussion of how performing rights are enforced internationally. The paper concludes by identifying a number of major issues: whether or not collecting societies operate against the consumer interest (it is suggested, generally not); the extent to which serious music is or should be subsidised by diversion of the income of the collecting societies in its support; and the possible extension of collective copyright administration into other fields, against the background of ever-increasing cross-border activity in cultural matters generally.  相似文献   

3.
Trade in information goods is particularly sensitive to the strength of intellectual property rights (IPR) and encounters an apparently different pattern of imitation threat compared with manufacturing trade, but the information goods trade–IPR nexus is less systematically investigated. This article analyzes whether and how U.S. information goods exports are sensitive to national differences in IPR protection and the degree of threat-of-imitation from the dynamic perspective. Employing the technique of instrumental variables for a dynamic panel model to consider the hysteretic effect and controlling the endogeneity problem, the empirical results show that the strength of the importing country’s IPR protection overall exhibits a trade-enhancing effect, supporting the standpoint that stronger IPR protection will induce more trade. Moreover, we adopt the piracy rate as a proxy for threat-of-imitation to examine its role on the information goods trade–IPR nexus. Empirical findings validate the prevalence of the market expansion effect wherever the degree of imitation threat of importing countries is high or low, because the technology level and production cost of reproduction are very low. It implies that the existing theory on threat-of-imitation may not apply to the information goods trade.
Yi-Ju HuangEmail:
  相似文献   

4.
Beginning in 1979, certain states extended extra copyright protection, known as “moral rights” protection, to visual artists. Moral rights protection, which was incorporated into U.S. copyright law in 1990, ensures that works cannot be altered in a manner that would negatively impact the reputation of the artist. Using difference-in-differences regression strategies, we compare artists and non-artists in states with moral rights laws to those in states without these laws, before and after the laws are enacted. This enables us to test the impact of the laws on the behavior of artists, consumers, and policy makers. Our analysis reveals that the average artist’s income falls by around $4000 per year as a result of moral rights legislation, but we find no impact of the laws on artists’ choices of residence or on state-level public spending on the arts.  相似文献   

5.
The paper is concerned with the issue of whether international copyright legislation is effective in curbing audio software counterfeiting. The paper finds that copyright conventions have not been effective in reducing audio counterfeiting to comparatively low levels. This result holds even when allowances are made for the duration of copyright convention membership and the specificity of the articles of the convention. Economic development is found to be the main determinant of low counterfeit levels. This would tend to support anecdotal evidence which indicates that economic development is a necessary condition for the active recognition of audio property rights by the general public, judiciary and police. It is also consistent with a view that pirate audio software, being an inferior good, has a more buoyant market in less developed economies. From a policy perspective the research would seem to suggest that the extensive efforts and copious attention to detail by legal experts has made little impact on counterfeit activity and is secondary in importance to the socio-economic environment in which these laws are being applied.  相似文献   

6.
The paper argues that the paradigmatic shift from the sale of printed music to exploiting and managing musical rights that took place in music publishing during the early years of the twentieth century was due to the changing market rather than to changes in copyright law. On the one hand, copyright law was ineffectual in controlling piracy throughout the nineteenth century, and on the other hand, performing rights were ignored by music publishers for over 70 years; these points suggest that copyright was not the main reason behind the success of the industry. Rather than leading entrepreneurially (the current view of dynamism in the creative industries), publishers ‘followed the money’ and adapted their business models only when new streams of income from new forms of exploitation through sound recording, broadcasting and film became available as a result of exogenous technical progress. Publishers were locked-in to sales revenue as their business model, though when switching to the new business model of rights management took place, the costs seem not to have been greatly significant. The paper takes an historical approach to the development of music publishing viewed through the lens of present-day issues. The research has resonance for the transition from sales to licensing digital works that is taking place in the creative industries today and puts into perspective the relative significance of market forces and copyright law in the process.  相似文献   

7.
As a general and effective protection measure for copyright violations, which occur with the use of digital technologies including peer-to-peer (P2P) networks, copyright owners from the cultural sector often use Digital Rights Management (DRM) systems and digital watermarking techniques so as to encrypt copyright information to the cultural content. In other cases, copyright owners restrict or even block access to the digital cultural content through the Internet and the P2P infrastructure. This chapter claims that DRM and P2P can be quite complementary. Specifically, a P2P infrastructure is presented which allows broad digital cultural content exchange while on the same time supports copyright protection and management through watermarking technologies for digital images.  相似文献   

8.
Copyright holders of major manga and anime in Japan have been ignoring copyright infringement by $d{\bar{o}}jinshi$ (or doujinshi), a Japanese word referring to self-published works created predominately by amateurs. Many of $d{\bar{o}}jinshi$ are derivative works of popular anime or manga but are sold without official permissions from the copyright holders. Thus, it is highly possible that the activity of $d{\bar{o}}jinshi$ creators violates Article 28 of the Copyright Law of Japan, which states the rights of original authors in the situation of exploitation by derivative works. We demonstrate that ignoring copyright infringement by a derivative creator can be optimal for the copyright holder based on an economic model that incorporates both positive and negative externalities of derivative work. We also demonstrate that when unauthorized use of the copyrighted work is optimal for the copyright holder, it is also optimal for social welfare although the opposite is not necessarily true.  相似文献   

9.
This paper considers the communitarian critique of the method of economics, especially in regard to its methodological individualism, with reference in particular to cultural economics. It asks whether cultural goods can be modelled in a meaningful way under the usual assumptions in neoclassical economics about individual economic agents. Special attention is paid to Charles Taylor's critique of 'atomism', and his suggestion that some goods are 'irreducibly social'. The implications of the critique for (1) public funding of the arts, and (2) copyright policy, are considered.  相似文献   

10.
Legislation creating or reinforcing resale royalties for visual artists retains substantial political popularity – particularly in the European Union – despite the often skeptical attitude toward those rights in the economics literature. In this essay, we probe more deeply the affirmative arguments that can be made for a resale royalty right, in either a mandatory or a discretionary form. We also compare the rationale for visual artists' resale royalties with the potential rationales for the now-well-established systems of royalty rights for authors and composers. This comparison has particular interest both because some of the principal arguments made against visual artists' resale royalties also apply to authors' royalties, and because the economic rationale for compensating authors with royalties has itself not been well explored. We also discuss briefly the related subject of display rights for visual artists. We conclude with some general implications for policy.  相似文献   

11.
Data Envelopment Analysis (DEA) is a widely applied tool in efficiency evaluation for public administration, yet has scarcely been put to use in the case of heritage institutions. The goal of the current paper is to evaluate the technical efficiency of a regional system of museums, the hypothesis being that these bodies represent one organization of productive resources (employment, equipment, art collections, and so on), aimed at providing various goods and services linked to their basic functions: conservation, exhibiting, research and dissemination of cultural heritage. Yet, given the diverse nature of this kind of institution, previous sorting and classification is required in order to obtain homogeneous clusters for the various elements. This research therefore merges multivariate statistical techniques to synthesise the initial information and DEA for efficiency evaluation. These findings may prove useful for management of these institutions, as well as for those responsible for public resource allocation policies in the area of cultural heritage. We apply this to a regional system of museums in Spain, which includes both rural and urban museums.  相似文献   

12.
  相似文献   

13.
This paper explores the implications of models of bargaining power for issues having to do with the droit de suite, a legal right of graphic artists to a share in capital gains when a work of art is resold by the first purchaser. It is found that, if both artists and art buyers are risk averse, a positive resale share will be the outcome of a bargaining process that is Pareto-optimal as between the bargainers. This does not depend on bargaining power but is a form of risk-sharing, and to the extent that art buyers are risk averse will be preferred to a zero shareby the buyers. Since resale royalties are not ordinarily a feature of art sale contracts in the absence of legislation, this appears anomalous, and the paper explores alternatives to the received bargaining theory such as might correspond better with casual empiricism.  相似文献   

14.
THE PROPER COPY     
Efforts to make (and keep) knowledge public have provided a powerful counter-model to the recent expansion of exclusive intellectual property rights in such arenas as information technology, digital media, biological research, and pharmaceutical access. While sympathetic to the impulse to counteract the new ‘enclosures’ with knowledge made public, this essay critically interrogates some of the constitutive limits – in fact, the constitutive outsides – to these counter formulations. Paying particular attention to how public domain initiatives, like their strict intellectual property counterparts, also police the line between the proper and the improper copy, I argue that mechanisms for keeping knowledge public do not just circle the wagons against the predations of the Monsantos and Microsofts of the world. In their rhetorical and normative commitments to the proper copy, they also risk reproducing some of the same constrictions and exclusions that we tend to associate with (privatized) acts of enclosure itself. I explore this argument first in reference to creative commons and copyright, which can reproduce a strong ideological commitment to improvement – ‘innovation’ or ‘creativity’ – against the mere copy. What is the cost, I ask, of making the idea of improvement the price of admission not just to intellectual property claims, but to participation in newly ‘democratic’ public and common spaces of knowledge production? Second, I look to global pharmaceutical politics – specifically, regulatory efforts to improve access to cheaper copied and generic drugs in Argentina – to raise questions about the public domain's normative place in the continued expansion and harmonization of intellectual property regimes in the so-called global South. Together, these discussions suggest how the public domain and the commons, like their IP counterparts, can rhetorically and normatively expand and be secured against the improper copy.  相似文献   

15.
Driven by the pressure to permanently release a large number of books, publishers have to allocate limited advertising budgets across the wide range of newly released books. As in many creative industries, publishers often focus their advertising activities on potential top sellers written by recent bestselling authors. Considering potential selection effects in choosing the “right” books for advertising, this paper investigates (1) whether selection effects exist and to what extent potential selection effects influence the relation between book advertising and book sales and (2) the boundary conditions under which book advertising leads to higher sales by focusing on the “star power” effects of authors. By applying propensity score matching to a dataset of 598 fiction books from the German book market, we identify substantial selection effects that lead to a serious overestimation of advertising effectiveness by up to 41 % (10,000 copies sold). Using group analyses, we find that sales of books written by recent bestselling authors are not significantly influenced by advertising activities of publishers; however, the sales of books written by lesser-known authors can be increased significantly if they are advertised. Our findings are highly relevant for publishers, indicating that a shift in the allocation of advertising budgets toward promising books by lesser-known authors is recommended to improve the overall advertising effectiveness.  相似文献   

16.
Abstract

China's entry into the global networked society has raised considerable debate over what is derived from the development and expansion of information and communication technologies (ICTs). One of the hotly debated issues is Internet copyright piracy, which is critical to the credibility and stability of China's membership to the global networked society. This paper examines Chinese users’ online discussion about Internet software piracy as local resistance to global copyright enforcement exercised through globalization processes. The study uses Mittelman and Chin's (2005) framework of Polanyi's (1957) counter-hegemony and Gramsci's (1971) counter-movements as a heuristic device to conceptualize the resistance points to globalization located within the dominant discourse on intellectual property rights, specifically Internet software piracy, by Chinese Internet users. Gee's (2002) discourse analysis framework is applied to produce seven recurring themes within online postings: cost, convenience, software companies, foreign developed countries, China's development, Chinese culture, and moral dilemma. The analysis on these dominant themes illustrates the cultural models held by Chinese users towards the issues of Internet software piracy: Internet as a public domain, socialist market economy, patriotism, and Chinese culture. These cultural models represent different types of resistance in Mittelman and Chin's (2005) framework. Meanwhile, these resistance positions are integrated under the notion of Chinese nationalism to constitute a complete set of counter-discourses to global software copyright enforcement.  相似文献   

17.
法律体系的构成要素是制定法,人才流动法律体系的形成及演变是由其要素的变动来反映的。对人才流动的法律规范的研究是认识和分析法律体系的基础。我国目前关于人才流动的法律规范位阶较低,系统性、协调性差,规范的刚性不足,人才权益的救济程序设计不合理,尚未形成涵盖人才及人才流动关系整体的相对完整的规范体系。  相似文献   

18.
Culture and Commerce   总被引：1，自引：0，他引：1  
The cost aspects of supplying cultural goods and services have raised many basic questions concerning the economic activity of cultural institutions. There is more or less a consensus that the same criteria that apply to the cost aspects of any business also apply to cultural institutions. The nature of the products supplied and the stress on revenues earned are different. A key question to be asked by each society is how to balance the product mix offered by its cultural institutions taking into consideration both the societal valuation of the public goods provided and the earning potential of the institution. This essay examines some of the questions that occur at this intersection of culture and commerce.  相似文献   

19.
江苏13座城市入选国家历史文化名城,体现了该地区深厚的文化历史积淀和优秀的城市精神内涵。地方立法作为一种法律保障,对加强历史名城保护、弘扬优秀传统文化、约束各类破坏行为起到重要作用。对江苏10座地级市的名城保护地方立法发展进行梳理,对各市立法名称、目的、体例、保护对象、保护措施、法律责任进行比较研究,提出修订和新增相关立法时可采用的思路和建议,可为丰富名城保护法治理论提供参考。  相似文献   

20.
How one copy of a film or a single is made illegal, while its identical twin is treated as legitimate? By drawing from the material collected in Russia on the illegal copying and distribution of video and musical contents, this paper moves beyond the definition of media piracy in legal terms, and instead examines practices of copying, the properties of copies, and the motivations that drive their circulation, color laws and their continuous application. It approaches the copy not as an isolated, individual unit but part of an assemblage, and demonstrates the existence of a specific culture of circulation which brings together its diverse components as one ‘catchment’. In Russia, the legal and pirate media markets do not stand in opposition to one another but co-exist and even enable each other. Media goods have social value that extends beyond commercial, and which is strongly associated with the cultural reproduction of audiences who are cosmopolitan in character and partake in the transnational circuits of culture. Finally, the very definition of what is ‘legal’ in Russian is an outcome of the unstable process of authentication in which experts test, guess and create material trails of evidence to stabilize elusive digital substances. On the basis of these findings, the paper problematizes the social imaginary around the digital copy and with it, the widely circulating notion of ‘piracy’.  相似文献   

设为首页 | 免责声明 | 关于勤云 | 加入收藏

Copyright©北京勤云科技发展有限公司  京ICP备09084417号