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Book part
Publication date: 21 December 2013

Juan D. Montoro-Pons and Manuel Cuadrado-García

Purpose – Despite an abundance of literature on the effects of copyright infringement on music consumption, empirical evidence remains ambiguous. The aim of this…

Abstract

Purpose – Despite an abundance of literature on the effects of copyright infringement on music consumption, empirical evidence remains ambiguous. The aim of this chapter is to quantify the effect of copyright infringement on recorded music purchases and live music attendance for Spanish frequent music consumers, and to measure its effect on participation for all music consumers.

Design/methodology approach – We rely on survey data for the Spanish population as our main information source and use propensity score matching to estimate the average effect of copyright infringement on music consumption. In order to do so, the methodology aims at estimating the difference between actual outcomes (record purchases or attendance to live concerts) for copyright infringers and the (counterfactual) outcome would they had not been infringers.

Findings – Two findings stand out. First, and with regards to recorded music consumption, we find a net positive effect of copyright infringement on full album purchases although a nonsignificant one for tracks. Second, there is a positive and significant effect on live attendance, which is consistent with an indirect appropriation effect across products. These results are robust when participation is considered, but some interesting differences arise between recorded music purchasers and live concerts attenders.

Originality/value – First, the use of a counterfactual control group provides an additional approach to the assessment of copyright infringement. Second, within the same framework we investigate the effects of copyright infringement on recorded and live music, an approach that sheds some light on the degree of complementarity between both markets.

Book part
Publication date: 16 September 2022

Katerina Toshevska-Trpchevska, Irena Kikerkova, Elena Makrevska Disoska and Ljuben Kocev

Trade in counterfeit products has been expanding continuously. The emergence of the internet, the process of globalisation as well as the increase of digitalisation have enabled…

Abstract

Trade in counterfeit products has been expanding continuously. The emergence of the internet, the process of globalisation as well as the increase of digitalisation have enabled counterfeit products to infiltrate legitimate supply chains, causing harm not only to national economies but also to holders of intellectual property rights (IPR). In this chapter, we analyse the possible solutions that holders of IP rights and their legal representatives have in their fight against the online sale of counterfeit products. To elaborate on this issue, first, we explain the legislation on an international level for IPR protection and its specific characteristics. We explain the conventions on the protection of IPR that are governed by the World Intellectual Protection Organisation (WIPO) and the provisions of the TRIPS (Trade-Related Intellectual Property Rights) Agreement governed by the World Trade Organisation (WTO). We also analyse the national legislative procedure of protecting and enforcing IPR in North Macedonia to explain a possible solution to fight online counterfeit trade. As a case study of this chapter, we explain the work of the Online Enforcement Programme of REACT as a not-for-profit organisation with over 30 years of experience in the fight against counterfeit trade and the challenges that they have in fighting against the online sale of counterfeit products. Since IP law is territorial in its nature as a conclusion, we suggest that a more centralised approach is needed in the fight against the online sale of counterfeit products.

Details

Counterfeiting and Fraud in Supply Chains
Type: Book
ISBN: 978-1-80117-574-6

Keywords

Abstract

Details

Acceptability of Transport Pricing Strategies
Type: Book
ISBN: 978-0-08-044199-3

Book part
Publication date: 26 February 2008

Louise Hallenborg, Marco Ceccagnoli and Meadow Clendenin

This chapter provides an overview of five modes of intellectual property (IP) protection – patents, designs, copyrights, trademarks, and trade secrets – available in the United…

Abstract

This chapter provides an overview of five modes of intellectual property (IP) protection – patents, designs, copyrights, trademarks, and trade secrets – available in the United States, the European Union, and Japan. After describing the purposes of and principal differences among the five types of IP protection and outlining the advantages of each form, the chapter provides country- and region-specific information. The authors highlight the aspects of IP law in which international harmonization has, or has not yet, occurred, and offer insights into the relative advantages of various national and regional IP protection systems.

Details

Technological Innovation: Generating Economic Results
Type: Book
ISBN: 978-1-84950-532-1

Book part
Publication date: 14 August 2015

Peter K. Yu

Copyright law has been oft-criticized for its unintended consequences. This paper retells three “tales of the unintended” concerning the 1976 Copyright Act, the present U.S…

Abstract

Copyright law has been oft-criticized for its unintended consequences. This paper retells three “tales of the unintended” concerning the 1976 Copyright Act, the present U.S. copyright statute. The first tale focuses on fair use, the second on statutory damages, and the third on formalities. From these three tales, the paper draws five different morals that provide insights into the ongoing process of copyright reform. These insights will enable policymakers and commentators to rethink the ongoing and future development of copyright law.

Details

Special Issue: Thinking and Rethinking Intellectual Property
Type: Book
ISBN: 978-1-78441-881-6

Keywords

Book part
Publication date: 2 August 2016

Anne M. Rector, Bunny Sandefur, Marco Ceccagnoli, Meadow Clendenin and Louise Hallenborg

This chapter provides an overview of the five main modes of intellectual property (IP) protection – patents, copyrights, trademarks, trade secrets, and designs – available in the…

Abstract

This chapter provides an overview of the five main modes of intellectual property (IP) protection – patents, copyrights, trademarks, trade secrets, and designs – available in the United States, the European Union, and Japan. After describing the purposes of and principal differences among the five types of IP protection and outlining the advantages of each form, the chapter provides country- and region-specific information. The authors highlight the aspects of IP law in which international harmonization has, or has not yet, occurred, and offer insights into the relative advantages of various national and regional IP protection systems.

Details

Technological Innovation: Generating Economic Results
Type: Book
ISBN: 978-1-78635-238-5

Keywords

Book part
Publication date: 13 August 2007

Atul Nerkar, Srikanth Paruchuri and Mukti Khaire

This paper proposes that patents are real options that allow holders of patents the right but not the obligation to sue others. We suggest that the likelihood of a patent being…

Abstract

This paper proposes that patents are real options that allow holders of patents the right but not the obligation to sue others. We suggest that the likelihood of a patent being litigated is positively associated with value of the patent and the extent of disclosure (prior art cited) in the patent. However, under conditions of greater value, increases in disclosure reduce the likelihood of litigation of the focal patent. Similarly, under conditions of greater disclosure, increases in value reduce the likelihood of litigation of the focal patent. Rare events logit analyses of business method patents that were litigated, compared to patents that were not litigated, offer empirical evidence supporting the hypotheses.

Details

Real Options Theory
Type: Book
ISBN: 978-0-7623-1427-0

Book part
Publication date: 21 December 2013

Danwill D. Schwender

Purpose – This chapter explores the use of music and celebrity endorsements in political campaigns of the United States. It focuses on two aspects: (1) the…

Abstract

Purpose – This chapter explores the use of music and celebrity endorsements in political campaigns of the United States. It focuses on two aspects: (1) the legality of a political campaign’s use of music at rallies and in advertisements without authorization from the owner of the musical work and (2) a review of the literature on the potential effect of the use of music in political campaigns on voter behavior.

Design/methodology/approach – A brief history of the use of music in political campaigns precedes an examination of the expansion of copyright law protection for music and the legal claims musicians may raise against the unauthorized use of music by political campaigns. The chapter then reviews the potential effect of political campaigns’ use of music and celebrity endorsements on voter behavior.

Findings – A musician’s primary legal protection falls under copyright law, but the courts disagree on whether the unauthorized use of music at political rallies and in political campaign advertisements results in copyright infringement. Social research suggests music and celebrity endorsements affect voter behavior with a likely greater effect on first-time voters.

Originality/value of chapter – This chapter introduces the complicated application of copyright law to the unauthorized use of musical works by political campaigns. Additionally, it notes the limited research on the effect of music and celebrity endorsements on voter behavior even as political campaigns increasingly target niche demographics with specific music selections to motivate voters to vote.

Details

Music and Law
Type: Book
ISBN: 978-1-78350-036-9

Keywords

Book part
Publication date: 21 December 2013

Serona Elton

Purpose – In this chapter, I explore the graduated response approach to combatting online piracy, and examine the different ways in which this approach has been…

Abstract

Purpose – In this chapter, I explore the graduated response approach to combatting online piracy, and examine the different ways in which this approach has been implemented in the United States and around the world.

Design/methodology/approach – I discuss the legal, political, and industrial origins and current state of the graduated response programs in each country.

Findings – Overall, the most successfully launched graduated response programs have been the ones where a single entity is overseeing the program implementation, and the code of conduct has been well articulated.

Originality/value of chapter – Few scholars have examined the processes leading up to the implementation of graduated response programs and the mechanics of how they work in practice. This chapter does this by looking, chronologically, at the developments in each country as well as the choreography of its notice process.

Details

Music and Law
Type: Book
ISBN: 978-1-78350-036-9

Keywords

Book part
Publication date: 3 September 2003

Steven W Kopp and Ka Zeng

The People’s Republic of China has long craved advanced technologies, and has undertaken an overwhelming number of changes in its intellectual property laws in order to foster…

Abstract

The People’s Republic of China has long craved advanced technologies, and has undertaken an overwhelming number of changes in its intellectual property laws in order to foster domestic innovation and to encourage foreign investment. China implemented its first patent law in 1985. However, implementation and enforcement of this law and its amendments have been difficult, such that many foreign firms are reluctant to invest in Chinese markets. This paper describes the many changes that have been made to Chinese patent laws, and then illustrates patent activity in China as those changes have been implemented. Managerial issues are discussed in detail.

Details

Reviving Traditions in Research on International Market Entry
Type: Book
ISBN: 978-0-76231-044-9

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