By Zoetanya Sujon
The LSE Media Policy Project’s first policy brief, entitled ‘Creative Destruction and Copyright Protection’, was successfully launched last week on the eve of the judicial review for the Digital Economy Act (DEA) began a few days later on March 23. The report authors, Bart Cammaerts and Bingchun Meng advocate file-sharing as an important activity in participatory culture responsible for fostering creativity and innovation; rather than as a criminal activity requiring often repressive copyright enforcement measures.
The brief is hosted on Scribd and has been categorized as a “must read” by Michael Geist. As of this morning, the brief has been viewed a phenomenal 10 547 times and has been downloaded 901 times. Also as of this morning, the brief has been viewed 1 556 times on our blog.
So what have people been saying?
Overall, the report has been welcomed, particularly by those who have long been calling for a shift in the negative tone framing file-sharing, as defined by the recording and media industries. Many have picked up the evidence-based critique of the music industry’s declining revenue and made links to related studies strengthening the case against the DEA and for more positive policies on file-sharing.
Dwayne Winseck, a professor at the School of Journalism and Communication in Carleton University, writes an insightful blog post outlining similarities across between copyright measures and media industries in several countries. Winseck claims that although governments should not be protecting “business models,” the fact that they do “is also evident in Canada.” Winseck suggests that although Cammaerts and Meng should take a more critical view of “IPFI’s data,” he strongly agrees and elaborates upon their argument that the music industry is actually thriving:
“taking into account all sources of income, the music industry has not contracted, but expanded greatly since the late-1990s, precisely alongside the massive popularization of the Internet.”
Cory Doctorow, co-editor of popular technology blog Boing Boing, Electronic Frontier Foundation (EFF) Fellow and journalist, claims the report is “an eye-opening look at the economics of file-sharing and music.” Like others, Doctorow picks up on the report’s critique of the record industry’s flawed claims that file-sharing is responsible for declining profits. Julie Samuels, an EFF attorney focusing on intellectual property, welcomed the report’s review of the evidence. Samuels also discussed another recent report which found that “unauthorized file-sharing in some developing economies has actually created opportunities” especially in emerging economies.
Asher Moses, Australian journalist for The Age and The New Sydney Herald, refers to the music industry as “frequently dishonest with the public about the impact of piracy.” Moses points to a January 2011 paper by University of Minnesota economist, Joel Waldfogel, who concludes that in the decade since Napster, there has been “no evidence that the quantity of new recorded music or artists had been affected by file-sharing over the past decade” – further supporting Cammaerts and Meng’s argument that the music industry is doing a lot better than it claims.
All of these studies support the argument that file-sharing is not threatening creative growth; rather it appears to be opening new opportunities for creative growth in and out of the music industry.
Matthew Lasar, an Ars Technica journalist, takes a broader view of the LSE report, focusing on three key points related to:
- The “inappropriate and disproportionate” measures proposed by the DEA,
- The “downward economic pressure” influencing change – rather than all around decline – in the music industry’s revenues, and
- The increasingly central role of innovation and “not-so-marginal” file-sharing activities by emerging musicians and artists.
Lasar also points to studies by Felix Oberholzer-Gee and Koleman Strumpf, one of which analysed the (non) correlation between “actual downloads of music files” and the “decline in legal sales of music” (2007).
Jag Bahra and Eugenio Quintieri who have been blogging for the Open Rights Group on the 4 day judicial review brought by Talk Talk and BT provide a detailed day-by-day overview. While Judgement from the judicial review of the DEA is expected “as soon as reasonably practicable,” it is also expected that there will be at least a year long delay in implementing the DEA.
Let’s hope that this delay is a sign that government and policy makers are able to take into account this evidence and, as Meng hopes, drastically “reconsider their approach toward file-sharing.”
Media Policy Project Brief 1: Press and blog links
- ‘Against the Digital Economy Bill,’ Facebook page http://www.facebook.com/againstthedigitaleconomyact
- Ashton, Robert. 2011. ‘LSE Critical of DEA on eve of Judicial Review’ Music Week, March 22 [date accessed March 23, 2011] http://www.musicweek.com/story.asp?sectioncode=1&storycode=1044652&c=1
- Bettinson, Mat. 2011. ‘LSE report slams Digital Economy Act’ PCR. March 22 [date accessed March 24, 2011] http://www.pcr-online.biz/news/36004/LSE-report-slams-Digital-Economy-Act
- Darlington, Roger. 2011. ‘LSE report challenges music industry on filesharing’ CommsWatch: Roger Darlington’s professional blog, March 21. [date accessed March 23, 2011] http://www.rogerdarlington.me.uk/commswatch/?p=2552
- Doctorow, Cory. 2011. ‘LSE Economists: File sharing isn’t killing music industry, but copyright enforcement will’ Boing Boing. March 23 [date accessed March 26, 2011] http://www.boingboing.net/2011/03/23/lse-economists-file.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+boingboing%2FiBag+%28Boing+Boing%29
- Geist, Michael. 2011. ‘LSE Study Says P2P Should Be Encouraged to Promote Innovation’ Michael Geist’s Blog: Must Reads Archive, March 22 [date accessed March 22, 2011] http://www.michaelgeist.ca/content/view/5699/196/
- Hunt, John. 2011. ‘DEA Regulation will be delayed until at least spring 2012’ Think Broadband News Archive, March 21, [date accessed: March 22, 2011] http://www.thinkbroadband.com/news/4614-dea-regulation-will-be-delayed-until-at-least-spring-2012.html
- Killock, Jim. 2011. ‘Website blocking will not solve copyright concerns’ The Guardian, March 29 [date accessed March 30, 2011] http://www.guardian.co.uk/commentisfree/2011/mar/29/website-blocking-copyright-online
- It, Gaj. 2011. ‘London School of Economics says £40 billion losses from file-sharing are wrong’ The Broadcast: Internet/web radio and music news and views. March 25 [date accessed March 29, 2011] http://krykeywebradio.wordpress.com/2011/03/25/london-school-of-economics-says-40-billion-losses-from-file-sharing-are-wrong/
- Lasar, Matthew. 2011. ‘Did file-sharing cause recording industry collapse? Economists say no’ Ars Technica. March 24 [date accessed March 26, 2011] http://arstechnica.com/tech-policy/news/2011/03/is-file-sharing-the-global-future.ars
- LSE Press Office. 2011. ‘LSE experts question music industry claims on file-sharing,’ LSE News. March 21 [date accessed March 22, 2011] http://www2.lse.ac.uk/newsAndMedia/news/archives/2011/03/Media_policy_project.aspx
- Meyer, David. 2011. ‘LSE report attacks Digital Economy Act ahead of review’ ZDNet UK, March 22 [date accessed March 23, 2011] http://www.zdnet.co.uk/news/intellectual-property/2011/03/22/lse-report-attacks-digital-economy-act-ahead-of-review-40092227/
- Mitchell, Stewart. 2011. ‘LSE slams “wishful thinking” behind digital economy act,’ PC Pro Magazine. March 21 [date accessed March 22, 2011]. http://www.thinkbroadband.com/news/4614-dea-regulation-will-be-delayed-until-at-least-spring-2012.html (See also The Piracy Network )
- Moses, Asher. 2011. ‘Music Piracy War: are the big labels wasting their time’ The Age, March 28 [date accessed March 29, 2011] http://www.theage.com.au/technology/technology-news/music-piracy-war-are-the-big-labels-wasting-their-time-20110328-1ccrl.html
- Moya, Jared. 2011. ‘UK Study: P2P helps “stimulate creative industries”’ Zero Paid. March
25 [date accessed March 26, 2011] http://www.zeropaid.com/news/92914/uk-study-p2p-helps-stimulate-creative-industries/ - No author, 2011. ‘LSE report criticises Digital Economy Act ahead of judicial review’ IT Pro Portal, March 22 [date accessed March 22, 2011] http://www.itproportal.com/2011/03/22/lse-report-criticises-digital-economy-act-ahead-judicial-review/
- No author. 2011. ‘LSE experts question music industry claims on file-sharing’ Financial, March 22 [date accessed March 23, 2011] http://finchannel.com/Main_News/B_Schools/83632_LSE_experts_question_music_industry_claims_on_file-sharing/
- Orlowski, Andrew. 2011. ‘LSE media studies lecturers call for end to copyright enforcement’ The Register, March 23 [date accessed March 23, 2011] http://www.theregister.co.uk/2011/03/23/lse_media_studies/
- Rambeau, Kyle. 2011. ‘A new argument on economics of file-sharing’ Biederman Blog. March 27 [date accessed March 28, 2011] http://biedermanblog.com/music/uk-paper-says-file-sharing-not-the-cause-for-crippling-music-industry/#more-1569
- Samuels, Julie. 2011. ‘It’s time for the recording industry to stop blaming piracy and start finding a new way’ Electronic Frontier Foundation, Deeplinks Blog. March 25 [date accessed March 26, 2011] https://www.eff.org/deeplinks/2011/03/it-s-time-recording-industry-stop-blaming-piracy
- Winseck, Dwayne. 2011. ‘Cassandra’s and Copyright: creative destruction and digital media industries’ Mediamorphis: Network Media Industries and the forces of change and conservation. March 22 [date accessed March 26, 2011] http://dwmw.wordpress.com/2011/03/22/cassandras-and-copyright-creative-destruction-and-digital-media-industries/
- Worth, Dan. 2011. ‘LSE report slams DEA as court hearing nears’ V3.CO.UK. March 21 [date accessed March 22, 2011] http://www.v3.co.uk/v3-uk/news/2035867/lse-report-slams-dea-court-hearing-nears
Related articles and research papers
- Anderson, Nate. 2010. ‘File-sharing has weakened copyright – and helped society’ Ars Technica. [date accessed March 28, 2011] http://arstechnica.com/tech-policy/news/2010/06/file-sharing-has-weakened-copyrightand-helped-society.ars
- Ernesto. 2011. ‘Report: Despite piracy, music is more alive than ever before’ TorrentFreak. March 25 [date accessed March 29, 2011] http://torrentfreak.com/report-despite-piracy-music-is-more-alive-than-ever-before-110325/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Torrentfreak+%28Torrentfreak%29
- Moses, Asher. 2011. ‘Piracy: are we being conned?’ The Sydney Morning Herald. March 22 [date accessed March 29, 2011] http://www.smh.com.au/technology/technology-news/piracy-are-we-being-conned-20110322-1c4cs.html?from=smh_sb
- Oberholzer-Gee, Felix; Strumpf, Koleman. 2010. ‘File-Sharing and Copyright’ Music Business Research. [date accessed March 29, 2011] http://musicbusinessresearch.files.wordpress.com/2010/06/paper-felix-oberholzer-gee.pdf
- Oberholzer-Gee, Felix; Strumpf, Koleman. 2007. ‘The Effect of File Sharing on Record Sales: An Empirical Analysis’ Journal of Political Economy, Vol 115, pp. 1-42 [date accessed March 29, 2011] http://papers.ssrn.com/sol3/papers.cfm?abstract_id=961830
- Waldfogel, Joel. 2011. ‘Bye, Bye, Miss American Pie? The supply of new recorded music since Napster’ Joel Waldfogel’s research page. [date accessed March 26, 2011] http://www.tc.umn.edu/~jwaldfog/pdfs/American_Pie_Waldfogel.pdf
On the DEA judicial review
- Bahra, Jagdeep. 2011. ‘DEA Judicial Review – Day 1’ Open Rights Group Blog. March 23 [date accessed March 29, 2011] http://www.openrightsgroup.org/blog/2011/dea-judicial-review-day-1
- Bahra, Jagdeep. 2011. ‘DEA Judicial Review – Day 2’ Open Rights Group Blog. March 24 [date accessed March 29, 2011] http://www.openrightsgroup.org/blog/2011/dea-judicial-review-day-2
- Bahra, Jagdeep. 2011. ‘DEA Judicial Review – Day 3’ Open Rights Group Blog. March 25 [date accessed March 29, 2011] http://www.openrightsgroup.org/blog/2011/dea-judicial-review-day-3
- Bahra, Jagdeep. 2011. ‘DEA Judicial Review – Day 2’ Open Rights Group Blog. March 28 [date accessed March 29, 2011] http://www.openrightsgroup.org/blog/2011/dea-judicial-review-day-4
- Goodhand, Emily. 2011. ‘The Hargreaves’ IP Review: a visit to the Intellectual Property Office’ Copyright For Education. February 24 [date accessed March 29, 2011] http://copyright4education.blogspot.com/
- Halliday, Josh. 2011. ‘Digital Economy Act: further delay to illegal downloading measures’ The Guardian, March 28 [date accessed March 29, 2011] http://www.guardian.co.uk/technology/2011/mar/28/digital-economy-act-illegal-downloading
- Tovey, Will. 2011. ‘The Future of the Digital Economy Act’ Pirate Party UK. March 28 [date accessed March 29, 2011] http://www.pirateparty.org.uk/blog/2011/mar/28/future-digital-economy-act/
- Tovey, Will. 2011. ‘The Digital Economy Act on Trial’ Legal Piracy: Musings on piracy issues and the law. March 28 [date accessed March 29, 2011] http://legalpiracy.wordpress.com/2011/03/28/the-digital-economy-act-on-trial/#more-108