A formal definition of cultural industries is developed following four distinct features of cultural goods: (a) oversupply, (b) quality uncertainty, (c) network effects and (d) demand reversal. Drawing on economic and socio‐psychological notions of ‘network’, increasing returns and social contagion effects are distinguished. Increasing returns may govern the adoption of standards when choices are binary, social contagion explains the diffusion of cultural goods when choices are multiple. Together, the four structural features delineating cultural industries account for curious competitive dynamics prevalent in cultural markets, such as the notorious 10 : 90 proportionality (under which 10% of cultural goods account for 90% of the market), causal ambiguity about the reasons for success, and the formation of fashions. Six managerial recommendations are advanced, focusing on a criticial circulation point triggering self‐sustaining diffusion patterns. Finally ‘project‐based enterprises’ and ‘network forms of governance’ are identified as the organizational forms most suited to the dynamics of the cultural markets.
Music plays an important, and sometimes overlooked part in the transformation of communication and distribution channels. With a global market volume exceeding US$40 billion, music is not only one of the primary entertainment goods in its own right. Since music is easily personalized and transmitted, it also permeates many other services across cultural borders, anticipating social and economic trends. This article presents one of the first detailed empirical studies on the impact of internet technologies on a specific industry. Drawing on more than 100 interviews conducted between 1996 and 2000 with multinational and independent music companies in 10 markets, strategies of the major players, current business models, future scenarios and regulatory responses to the online distribution of music files are identified and evaluated. The data suggest that changes in the music industry will indeed be far-reaching, but disintermediation is not the likely outcome.
Digital technologies are often said (1) to enable a qualitatively new engagement with already existing cultural materials (for example through sampling and adaptation); and, (2) to offer a new disintermediated distribution channel to the creator. A review of secondary data on music artists' earnings and eight in-depth interviews conducted in 2003-04 in Britain and Germany indicate that both ambitions have remained largely unfulfilled. The article discusses to what extent the structure of copyright law is to blame, and sets out a research agenda.
A comparative review of seven jurisdictions and a rights clearance simulationIntellectual Property Office is an operating name of the Patent Office 2013/31Research commissioned by the Intellectual Property Office, and carried out by:Marcella Favale, Fabian Homberg, Martin Kretschmer, Dinusha Mendis and Davide Secchi This is an independent report commissioned by the Intellectual Property Office (IPO). Findings and opinions are those of the researchers, not necessarily the views of the IPO or the Government. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. © Crown copyright 2013Any enquiries regarding this publication should be sent to:The Authors are cited in alphabetical order.The Hargreaves Review stated: "The problem of orphan works -works to which access is effectively barred because the copyright holder cannot be traced -represents the starkest failure of the copyright framework to adapt." (Digital Opportunity: A Review of Intellectual Property and Growth; London: Intellectual Property Office; p. 38) This report was commissioned by the Intellectual Property Office to support the implementation of the Hargreaves Review. It aims to offer a clearer understanding of how orphan works are regulated and priced in other jurisdictions, and how a pricing system could be structured to ensure that "parents" are fairly remunerated if they re-appear, and users are incentivised to access and exploit registered orphan works. 'Orphan works' are works in which copyright still subsists, but where the rightholder, whether it be the creator of the work or successor in title, cannot be located. ContentsThis report was commissioned to assist the UK government in evaluating policy options in the implementation of the Hargreaves Review of Intellectual Property & Growth (2011) to enable and price the use of orphan works.The research proceeded in two stages. Study I undertook a comparative international review of actual or proposed orphan works legislation, and identified key characteristics of orphan works licensing schemes. Study II investigated the potential effects of such schemes by conducting a simulated rights clearance exercise for six scenarios (establishing licence terms and fees for specific commercial and non-commercial uses), and analysing the resulting dataset for effects of the characteristics identified in Study I. I. Comparative ReviewThe comparative review relied on a close scrutiny of actual or proposed legislation and considered government reports, draft bills, publications and other commentaries on the orphan works issue. The countries reviewed included jurisdictions with operational orphan works regulations: Canada, Denmark, Hungary, India, and Japan; as well as provisions at the EU level and in the US (draft legislation and current practice). The purpose of the review was to identify key features of legal regimes with respect to factors such as -(i) categories of works covered; (ii) standards of diligent search; (iii) t...
See Pollock, supra note 4, at 3 ("One of the first printed texts of which we have record is a copy of the Buddhist Diamond Sutra, produced in China around 868AD. In it can be found the dedication: 'for universal free distribution'. Clearly, the idea of public domain, that is, open access to knowledge, has been present since humanity first began to formally transmit and share ideas."); FROSIO, supra note 9, at 12 (offering anecdotes about the reappearance of works by Freud, Vierne, and Capra due to their public domain status). 12. See Arden Rowell, Partial Valuation in Cost-Benefit Analysis, 64 ADMIN. L. REV. 723, 733-35 (2012) (arguing that partial or minimal valuations provide useful data for decision-makers, even when full valuations are impractical or impossible).
Mucus is a self‐healing gel that lubricates the moist epithelium and provides protection against viruses by binding to viruses smaller than the gel's mesh size and removing them from the mucosal surface by active mucus turnover. As the primary nonaqueous components of mucus (≈0.2%–5%, wt/v), mucins are critical to this function because the dense arrangement of mucin glycans allows multivalence of binding. Following nature's example, bovine submaxillary mucins (BSMs) are assembled into “mucus‐like” gels (5%, wt/v) by dynamic covalent crosslinking reactions. The gels exhibit transient liquefaction under high shear strain and immediate self‐healing behavior. This study shows that these material properties are essential to provide lubricity. The gels efficiently reduce human immunodeficiency virus type 1 (HIV‐1) and genital herpes virus type 2 (HSV‐2) infectivity for various types of cells. In contrast, simple mucin solutions, which lack the structural makeup, inhibit HIV‐1 significantly less and do not inhibit HSV‐2. Mechanistically, the prophylaxis of HIV‐1 infection by BSM gels is found to be that the gels trap HIV‐1 by binding to the envelope glycoprotein gp120 and suppress cytokine production during viral exposure. Therefore, the authors believe the gels are promising for further development as personal lubricants that can limit viral transmission.
This article reports the results of a major study, conducted between 1996 and 1999, examining the impact of de-regulation and digital technologies on the global music industry. We analyse four negotiations in the process of bringing music to the world market: commodification, globalisation, delivery, and royalty management. We show that the location of intellectual property rights in this process depends on the mutual bargaining power of the parties involved, within a statutory frame vesting music copyright initially in the author. We describe the forces which have led to the appropriation of rights accounting for 80% of global publishing and recording revenues by only five companies: EMI (UK), Bertelsmann (Germany), Warner (US), Sony (Japan) and Universal (Canada). We predict that this regime will not last and consider the likely future location of intellectual property rights in music.globalization, information society, intellectual property, music copyright, royalty, vertical integration,
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