0
Solving themarket supplyfailure oflawful digitalcontentTASK FORCE ON COPYRIGHT IN THE EUDIGITAL SINGLE MARKET
Agenda›EVIDENCE OF MARKET SUPPLY FAILURE›PUBLIC POLICY ISSUES›CONCLUSIONSDIGITAL CONTENT PROMOTION | Public | © Ericsson A...
The PROSPECT OF DSM?                                                               Source: http://www.guardian.co.uk/film/...
The prospect of DSM?                                                                                Downloaded movie      ...
SWEDEN: Spotify covers 85% of allreleased recorded music, Netflix (5%)and Via-PLAY (12%) of Film released aYear ago       ...
The market supply failureof lawful digital content                                                                        ...
Drivers: On-demandcontent                          MORE LAWFUL DIGITAL CHOICEBASE: Core 7 markets (US, UK, Sweden, Germany...
Barriers: On-demandContent Source: Ericsson ConsumerLab TV Video Consumer trends 2012DIGITAL CONTENT PROMOTION | Public | ...
Displace “free” with lawfuldigital services – address theroot cause of the problem!DIGITAL CONTENT PROMOTION | Public | © ...
economists have researchedand most would agree*“copyright has a moral hazard effect on incumbent firms by encouraging them...
Agenda›EVIDENCE OF MARKET SUPPLY FAILURE›PUBLIC POLICY ISSUES›CONCLUSIONSDIGITAL CONTENT PROMOTION | Public | © Ericsson A...
Content ACCESS BARRIERS – copyright a barrier› Access barriers are barriers to unhindered consumption of  content, the pre...
But there are other barrierstoo - Film State AID Rules – howabout other Member States ?› The theatrical release requiremen...
Copyright: root causes tomarket supply failure         1. Deliberate limited availability of            digital content, f...
Increase AvailabilityDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 15
FIRST RELEASE WINDOW MUST TOO GO DIGITAL      CLOSING THE ANALOGUE CULUTRAL EXCLUSIONDIGITAL CONTENT PROMOTION | Public | ...
DIMENSIONS OF availability› Territoriality > Timed availability across  nations› Territoriality and place shifting > Follo...
Technology                                              Neutral CopyrightDIGITAL CONTENT PROMOTION | Public | © Ericsson A...
Any screen – remunerationin digital world› Remuneration based on actual, identifiable consumption  based on ;      – Downl...
The Overlap betweenreproduction right and rightof communication to public› A technology specific approach inevitably leads...
Ultimately we end up withthe question of exhaustion› Exhaustion principle applying only to physical media – "original of  ...
Agenda›EVIDENCE OF MARKET SUPPLY FAILURE›PUBLIC POLICY ISSUES›CONCLUSIONSDIGITAL CONTENT PROMOTION | Public | © Ericsson A...
We think: Key Copyrightreform objectives   Promote open and competitive markets in licensed digital   content that promote...
Ceps task force on copyright in the eu digital single market 14 nov 2012
Upcoming SlideShare
Loading in...5
×

Ceps task force on copyright in the eu digital single market 14 nov 2012

194

Published on

0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
194
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
8
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide

Transcript of "Ceps task force on copyright in the eu digital single market 14 nov 2012"

  1. 1. Solving themarket supplyfailure oflawful digitalcontentTASK FORCE ON COPYRIGHT IN THE EUDIGITAL SINGLE MARKET
  2. 2. Agenda›EVIDENCE OF MARKET SUPPLY FAILURE›PUBLIC POLICY ISSUES›CONCLUSIONSDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 2
  3. 3. The PROSPECT OF DSM? Source: http://www.guardian.co.uk/film/2010/feb/17/european-cinemas-boycott-alice-in-wonderlandDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 3
  4. 4. The prospect of DSM? Downloaded movie prices are about 30% to 50% higher than buying an actual DVD. Thats if you can find the film online … more than half of the UK top 50 films of all time were NOT available as downloads Source: http://www.guardian.co.uk/technology/2011/nov /22/movie-fans-piracy-onlineDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 4
  5. 5. SWEDEN: Spotify covers 85% of allreleased recorded music, Netflix (5%)and Via-PLAY (12%) of Film released aYear ago Theatrical DVD Netflix Via Play Theatrical DVD Netflix Via Play Release Release Release ReleaseDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 5 Source: http://blogg.kritiker.se/sa-bra-utbud-har-netflix-och-viaplay-svart-pa-vitt/
  6. 6. The market supply failureof lawful digital content Source PWC Global Entertainment Outlook 2012DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 6
  7. 7. Drivers: On-demandcontent MORE LAWFUL DIGITAL CHOICEBASE: Core 7 markets (US, UK, Sweden, Germany, Spain, China and Taiwan) (Showing those who consider the service worth paying for)Source: Ericsson ConsumerLab TV Video Consumer trends 2011, 2012DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 7
  8. 8. Barriers: On-demandContent Source: Ericsson ConsumerLab TV Video Consumer trends 2012DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 8
  9. 9. Displace “free” with lawfuldigital services – address theroot cause of the problem!DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 9
  10. 10. economists have researchedand most would agree*“copyright has a moral hazard effect on incumbent firms by encouraging them to rely on enforcement of the law rather than adopt new technologies and business models to deal with new technologies" * Source: Ruth Towse, “what we know, what we don’t know and what policy makers would like us to know about the economics of copyright” Review of Economic Research on Copyright Issues, 2011, vol. 8(2), pp.101-120.DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 10
  11. 11. Agenda›EVIDENCE OF MARKET SUPPLY FAILURE›PUBLIC POLICY ISSUES›CONCLUSIONSDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 11
  12. 12. Content ACCESS BARRIERS – copyright a barrier› Access barriers are barriers to unhindered consumption of content, the presence of which often results in the personal consumption needs of consumers being unmet.› WIPO identified following access barriers: – Consumer barriers (affordability) – Content exclusivity and limited competition – Deliberate non-availability of content (windowing, territoriality) – Policy and regulatory barriers: › Content regulation World Intellectual Property Organization, Twentieth Session, Geneva June 21 to 24 2011, or DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 12 access: http://www.wipo.int/edocs/mdocs/copyright/en/sccr_20/sccr_20_2_rev.pdf
  13. 13. But there are other barrierstoo - Film State AID Rules – howabout other Member States ?› The theatrical release requirement removed in Swedish Film State Aid Funding RulesDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 13 Source: http://www.regeringen.se/content/1/c6/20/16/74/111b3287.pdf
  14. 14. Copyright: root causes tomarket supply failure 1. Deliberate limited availability of digital content, facilitated by copyright 2. Technology specificity of copyright 3. Unreasonable transaction costsDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 14
  15. 15. Increase AvailabilityDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 15
  16. 16. FIRST RELEASE WINDOW MUST TOO GO DIGITAL CLOSING THE ANALOGUE CULUTRAL EXCLUSIONDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 16
  17. 17. DIMENSIONS OF availability› Territoriality > Timed availability across nations› Territoriality and place shifting > Follow me› Territoriality and long tail – regional/global niches› Time and Timing > windowing and exclusive licensing› Time, place and format shifting – at home and on the go› Range of choice > depth and width of catalogue› A’ la carte > Freedom to choose (my content) and timing (my time) and screen (my screen)HOW ABOUT AN “AWATAD” RIGHT ? DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 17
  18. 18. Technology Neutral CopyrightDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 18
  19. 19. Any screen – remunerationin digital world› Remuneration based on actual, identifiable consumption based on ; – Download to Own – On-demand (time limited) – One time view› Irrespective of technology – Transmission Technologies – Delivery Networks – Devices – Screens It is unreasonable to potentially triple the cost of identical content, over multiple screens for same userDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 19
  20. 20. The Overlap betweenreproduction right and rightof communication to public› A technology specific approach inevitably leads to inconsistencies and uncertainties as formerly distinct classes of works, rights or media types converge.› The consequences of fragmentation of rights are disturbing in the digital age, as digital technology produces a breakdown and conflation of technology specific works/rights that were meaningful in the analogue era.› The transmission of audiovisual content on the Internet now involves making reproductions and communications to the public› These rights are strictly separated in most contracting situations and, add to the complexity of the system which leads to a gridlock of control that hinders development and frustrates business.DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 20
  21. 21. Ultimately we end up withthe question of exhaustion› Exhaustion principle applying only to physical media – "original of a work or copies") incorporating the protected work. Recitals 28 and 29 further explain that "the first sale principle of the original of a work or copies thereof by the right-holder or with his consent in the Community, exhausts the right to control the release in the Community of a work incorporated in a tangible tool".› This wording limits the principle of exhaustion to tangible goods only, excluding on-line services and intangible goods that incorporate digital content› The paradox of “tangible” exhaustions ; in a legislative measure such as the EU INFOSOC DIRECTIVE which was devoted to the online context, the only purpose of market integration was confined to the offline context.* * Source: EU Study, Legal Analysis of a Single Market for the Information Society October 2009DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 21
  22. 22. Agenda›EVIDENCE OF MARKET SUPPLY FAILURE›PUBLIC POLICY ISSUES›CONCLUSIONSDIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 22
  23. 23. We think: Key Copyrightreform objectives Promote open and competitive markets in licensed digital content that promote service innovation. With the aim to increase availability of more legitimate digital content at prices which appeal to consumers. Decrease technology specificity of copyright, e.g. exhaustion, exceptions, safe harbor*. Increase efficiency in licensing by decreasing transaction costs e.g. administrative complexity.DIGITAL CONTENT PROMOTION | Public | © Ericsson AB 2012 | 2012-11-12 | Page 23 * Not an issue in the EU and the US
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×