Background
                    Findings
Average author and copyright




       Copyright and
structure of authors’ earnings

                 Eckhard Hö ner


  Copyright, Contracts and Creativity




           Eckhard Höffner     Structure of authors’ earnings
Background
                                              Reasons for the study
                                   Findings
                                              Statistical base
               Average author and copyright


Economic assumptions


     Intellectual property rights o er an incentive for the production
     of knowledge and other public goods.

     Exclusive rights result in higher authors’ earnings, hence more
     new books written and published.

     A theory which is not at least in some extent re ected in reality is
     worthless how evident the theory may appear.

     A comparison between a system with and without IPR is missing.




                          Eckhard Höffner     Structure of authors’ earnings
Background
                                              Reasons for the study
                                   Findings
                                              Statistical base
               Average author and copyright


Economic assumptions


     Intellectual property rights o er an incentive for the production
     of knowledge and other public goods.

     Exclusive rights result in higher authors’ earnings, hence more
     new books written and published.

     A theory which is not at least in some extent re ected in reality is
     worthless how evident the theory may appear.

     A comparison between a system with and without IPR is missing.




                          Eckhard Höffner     Structure of authors’ earnings
Background
                                              Reasons for the study
                                   Findings
                                              Statistical base
               Average author and copyright


Economic assumptions


     Intellectual property rights o er an incentive for the production
     of knowledge and other public goods.

     Exclusive rights result in higher authors’ earnings, hence more
     new books written and published.

     A theory which is not at least in some extent re ected in reality is
     worthless how evident the theory may appear.

     A comparison between a system with and without IPR is missing.




                          Eckhard Höffner     Structure of authors’ earnings
Background
                                              Reasons for the study
                                   Findings
                                              Statistical base
               Average author and copyright


Economic assumptions


     Intellectual property rights o er an incentive for the production
     of knowledge and other public goods.

     Exclusive rights result in higher authors’ earnings, hence more
     new books written and published.

     A theory which is not at least in some extent re ected in reality is
     worthless how evident the theory may appear.

     A comparison between a system with and without IPR is missing.




                          Eckhard Höffner     Structure of authors’ earnings
Background
                                                  Reasons for the study
                                     Findings
                                                  Statistical base
                 Average author and copyright


Systems with and without e ective IPR
  Great Britain
            – Statute of Anne:          /       years copyright from the time of the
        rst publication.
            –   e e ect of Statute of Anne was extended to Ireland.
            – Prolongation of copyright duration to                         years or lifetime
       of the author.

  Germany
         e Holy Roman Empire of the German Nation was divided in
       over    states (having legislative power).
            – Napoleonic Wars.
            – German Confederation consisting of                          states. No wars for
       half a century.
       Pirate publishing was virtually allowed.
                            Eckhard Höffner       Structure of authors’ earnings
Background
                                                  Reasons for the study
                                     Findings
                                                  Statistical base
                 Average author and copyright


Systems with and without e ective IPR
  Great Britain
            – Statute of Anne:          /       years copyright from the time of the
        rst publication.
            –   e e ect of Statute of Anne was extended to Ireland.
            – Prolongation of copyright duration to                         years or lifetime
       of the author.

  Germany
         e Holy Roman Empire of the German Nation was divided in
       over    states (having legislative power).
            – Napoleonic Wars.
            – German Confederation consisting of                          states. No wars for
       half a century.
       Pirate publishing was virtually allowed.
                            Eckhard Höffner       Structure of authors’ earnings
Background
                                                Reasons for the study
                                     Findings
                                                Statistical base
                 Average author and copyright


Population
  Great Britain (wealthy country)
            – . millions
            –   millions (             living in towns)
           –    millions (incl. Ireland)

  Germany (poor country)
            –   millions
            –    millions (             living in towns)
           –    millions

  Ability to buy and read books.
  Despite a larger population it is not obvious, that in Germany more
  people (in numbers) could a ord books than in Great Britain.
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Reasons for the study
                                     Findings
                                                Statistical base
                 Average author and copyright


Population
  Great Britain (wealthy country)
            – . millions
            –   millions (             living in towns)
           –    millions (incl. Ireland)

  Germany (poor country)
            –   millions
            –    millions (             living in towns)
           –    millions

  Ability to buy and read books.
  Despite a larger population it is not obvious, that in Germany more
  people (in numbers) could a ord books than in Great Britain.
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Reasons for the study
                                     Findings
                                                Statistical base
                 Average author and copyright


Population
  Great Britain (wealthy country)
            – . millions
            –   millions (             living in towns)
           –    millions (incl. Ireland)

  Germany (poor country)
            –   millions
            –    millions (             living in towns)
           –    millions

  Ability to buy and read books.
  Despite a larger population it is not obvious, that in Germany more
  people (in numbers) could a ord books than in Great Britain.
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Reasons for the study
                                     Findings
                                                Statistical base
                 Average author and copyright


New released titles
   13000
   12000
   11000
   10000
    9000
                                                German book fairs
    8000
    7000
    6000
                 Estimates
    5000
    4000
    3000
    2000
                                                                                   Great Britain
    1000
            70


                     80


                                0

                                         00


                                                  10


                                                           20


                                                                      30


                                                                                   40


                                                                                         50


                                                                                                   60
                                9
           17


                  17


                             17


                                       18


                                                18


                                                         18


                                                                    18


                                                                                 18


                                                                                        18


                                                                                              18
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Reasons for the study
                                     Findings
                                                Statistical base
                 Average author and copyright


Obvious discrepancy

  Great Britain
      Wealthy and most advanced country.
      Low numbers of new titles.
      Regressive development.

  Germany
      Poor country with a high numbers of new titles.
      Dynamic development.

  Without IPR more new books were published.
  What can be said about authors’ earnings?


                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Reasons for the study
                                     Findings
                                                Statistical base
                 Average author and copyright


Obvious discrepancy

  Great Britain
      Wealthy and most advanced country.
      Low numbers of new titles.
      Regressive development.

  Germany
      Poor country with a high numbers of new titles.
      Dynamic development.

  Without IPR more new books were published.
  What can be said about authors’ earnings?


                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Reasons for the study
                                     Findings
                                                Statistical base
                 Average author and copyright


Obvious discrepancy

  Great Britain
      Wealthy and most advanced country.
      Low numbers of new titles.
      Regressive development.

  Germany
      Poor country with a high numbers of new titles.
      Dynamic development.

  Without IPR more new books were published.
  What can be said about authors’ earnings?


                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                    Types of contracts
                                     Findings
                                                    Earnings
                 Average author and copyright


Di erent contract types
  Great Britain
      Outright sale of rights (most common, esp. Grub Street authors)
      Commission (o en since                    )
      Sale of rights by edition (seldom)
      Pro t sharing (seldom)
      Self-Publication, Subscription (academic books)

  Germany
            – Payment by sheet (buy out).
            – Self-Publication (with and without subscription).
            –     – Payment by sheet and edition.
      Bestsellers were reprinted by several publishers (only one was
      paying the author).
                            Eckhard Höffner         Structure of authors’ earnings
Background
                                                    Types of contracts
                                     Findings
                                                    Earnings
                 Average author and copyright


Di erent contract types
  Great Britain
      Outright sale of rights (most common, esp. Grub Street authors)
      Commission (o en since                    )
      Sale of rights by edition (seldom)
      Pro t sharing (seldom)
      Self-Publication, Subscription (academic books)

  Germany
            – Payment by sheet (buy out).
            – Self-Publication (with and without subscription).
            –     – Payment by sheet and edition.
      Bestsellers were reprinted by several publishers (only one was
      paying the author).
                            Eckhard Höffner         Structure of authors’ earnings
Background
                                                Types of contracts
                                     Findings
                                                Earnings
                 Average author and copyright


Average incomes per year


  Great Britain
         –      – subsistence:             –
                – academic middle class:                   –
                – academic middle class:                      –
                – academic middle class:                      –

  Germany
         –      – subsistence:           –      Taler
                – academic middle class:                  –          Taler
         –      – academic middle class:                  –           Taler



                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Types of contracts
                                     Findings
                                                Earnings
                 Average author and copyright


Average incomes per year


  Great Britain
         –      – subsistence:             –
                – academic middle class:                   –
                – academic middle class:                      –
                – academic middle class:                      –

  Germany
         –      – subsistence:           –      Taler
                – academic middle class:                  –          Taler
         –      – academic middle class:                  –           Taler



                            Eckhard Höffner     Structure of authors’ earnings
Background
                                              Types of contracts
                                   Findings
                                              Earnings
               Average author and copyright


Germany



  Germany
     Until     – Authors’ earnings have been poor.
          – Reprinting era: Honoraries were increasing from day to
     day (J. G               ,  ).
         – ere are so many poor books, because authors can live
     from writing (A. . K   ).
         – Some booksellers from Leipzig have raised payments six
     times more than it was the average (J. G. H        ).




                          Eckhard Höffner     Structure of authors’ earnings
Background
                                                Types of contracts
                                     Findings
                                                Earnings
                 Average author and copyright


Earnings of authors
  Great Britain
      Bestsellers (less than         ) could earn a fortune.
       A slightly larger group (e.g. Wordsworth or Austen) did receive
       an income similar to a gentleman for a book (not on the long
       term).
       For an average author an honorary of                     was already a nancial
       success.

  Germany
       Due to the strong competition during the reprinting era
       (    – ), an e cient book industry was established with
       increasing author fees, a variety of novelties, e cient sales and
       low priced current books.
            –         e increase of average payments was smaller.
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                Types of contracts
                                     Findings
                                                Earnings
                 Average author and copyright


Earnings of authors
  Great Britain
      Bestsellers (less than         ) could earn a fortune.
       A slightly larger group (e.g. Wordsworth or Austen) did receive
       an income similar to a gentleman for a book (not on the long
       term).
       For an average author an honorary of                     was already a nancial
       success.

  Germany
       Due to the strong competition during the reprinting era
       (    – ), an e cient book industry was established with
       increasing author fees, a variety of novelties, e cient sales and
       low priced current books.
            –         e increase of average payments was smaller.
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                                 Types of contracts
                                      Findings
                                                 Earnings
                  Average author and copyright


Strahan and Cadell (example)

  Great Britain
                  Author                               Date             Honorary
         total       books (Strahan)                 –            approx.
                  William Robertson                  ,
                  William Buchan
                  Henry Mackenzie                    –
                  John Hawkesworth
                  Lord Kames
                  Adam Smith                         –                       (–       ?)
                  Adam Ferguson
                  Robert Watson
                  Hugh Blair
                  Robert Henry
         rest     approx.    authors                                              ,


                             Eckhard Höffner     Structure of authors’ earnings
Background
                                              Types of contracts
                                   Findings
                                              Earnings
               Average author and copyright


Germany


  Germany – Payment per sheet
             Date                 One edition
             until            books, ½– Taler
                 –                     – Taler
                                       -½ Taler          known authors
                                       – Taler           average
                 –                   – , Taler           average
                 –                   – Taler             known authors
                 –                    – Taler            average
                 –                    – Taler            known authors




                          Eckhard Höffner     Structure of authors’ earnings
Background
                                     Findings
                 Average author and copyright


Comparison


  Great Britain                                  Germany
         e average payment for a                             e average payment for a
      book was about a tenth of                           book was about a quarter
      the yearly income of an                             up to an half of the yearly
      academic member of the                              income of an academic
      middle class.                                       member of the middle
      Very few books were                                 class.
      published and written                               Many books on any topics
      (mostly classical canon and                         were written, published
      novels).                                            and paid.
      Copyright was not trivial,
      but harmed the average
      author.
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                     Findings
                 Average author and copyright


Comparison


  Great Britain                                  Germany
         e average payment for a                             e average payment for a
      book was about a tenth of                           book was about a quarter
      the yearly income of an                             up to an half of the yearly
      academic member of the                              income of an academic
      middle class.                                       member of the middle
      Very few books were                                 class.
      published and written                               Many books on any topics
      (mostly classical canon and                         were written, published
      novels).                                            and paid.
      Copyright was not trivial,
      but harmed the average
      author.
                            Eckhard Höffner     Structure of authors’ earnings
Background
                                    Findings
                Average author and copyright


ere is no money in that

Great Britain
» ere is lifelong penury in it : starvation : suicide : a debtor’s prison :
hard and grinding work for miserable pay : a cruel task-master : work
done to order paid for by the yard. As for the wished-for life among
books, these unfortunate poets could not a ord to buy books : as for
freedom, quiet, ease, they never had any at all. Even the joy of
composition, which one would think could not be taken from them,
they could never enjoy, because they wrote to order and what they
were told to write : they were paid servants : they lived in a garret :
they never rose out of poverty and misery : they were buried in the
paupers’ corner.«
W        B        (founder and chairman from the S
A          in      till    ).

                           Eckhard Höffner     Structure of authors’ earnings

Copyright and structure of authors’ earnings

  • 1.
    Background Findings Average author and copyright Copyright and structure of authors’ earnings Eckhard Hö ner Copyright, Contracts and Creativity Eckhard Höffner Structure of authors’ earnings
  • 2.
    Background Reasons for the study Findings Statistical base Average author and copyright Economic assumptions Intellectual property rights o er an incentive for the production of knowledge and other public goods. Exclusive rights result in higher authors’ earnings, hence more new books written and published. A theory which is not at least in some extent re ected in reality is worthless how evident the theory may appear. A comparison between a system with and without IPR is missing. Eckhard Höffner Structure of authors’ earnings
  • 3.
    Background Reasons for the study Findings Statistical base Average author and copyright Economic assumptions Intellectual property rights o er an incentive for the production of knowledge and other public goods. Exclusive rights result in higher authors’ earnings, hence more new books written and published. A theory which is not at least in some extent re ected in reality is worthless how evident the theory may appear. A comparison between a system with and without IPR is missing. Eckhard Höffner Structure of authors’ earnings
  • 4.
    Background Reasons for the study Findings Statistical base Average author and copyright Economic assumptions Intellectual property rights o er an incentive for the production of knowledge and other public goods. Exclusive rights result in higher authors’ earnings, hence more new books written and published. A theory which is not at least in some extent re ected in reality is worthless how evident the theory may appear. A comparison between a system with and without IPR is missing. Eckhard Höffner Structure of authors’ earnings
  • 5.
    Background Reasons for the study Findings Statistical base Average author and copyright Economic assumptions Intellectual property rights o er an incentive for the production of knowledge and other public goods. Exclusive rights result in higher authors’ earnings, hence more new books written and published. A theory which is not at least in some extent re ected in reality is worthless how evident the theory may appear. A comparison between a system with and without IPR is missing. Eckhard Höffner Structure of authors’ earnings
  • 6.
    Background Reasons for the study Findings Statistical base Average author and copyright Systems with and without e ective IPR Great Britain – Statute of Anne: / years copyright from the time of the rst publication. – e e ect of Statute of Anne was extended to Ireland. – Prolongation of copyright duration to years or lifetime of the author. Germany e Holy Roman Empire of the German Nation was divided in over states (having legislative power). – Napoleonic Wars. – German Confederation consisting of states. No wars for half a century. Pirate publishing was virtually allowed. Eckhard Höffner Structure of authors’ earnings
  • 7.
    Background Reasons for the study Findings Statistical base Average author and copyright Systems with and without e ective IPR Great Britain – Statute of Anne: / years copyright from the time of the rst publication. – e e ect of Statute of Anne was extended to Ireland. – Prolongation of copyright duration to years or lifetime of the author. Germany e Holy Roman Empire of the German Nation was divided in over states (having legislative power). – Napoleonic Wars. – German Confederation consisting of states. No wars for half a century. Pirate publishing was virtually allowed. Eckhard Höffner Structure of authors’ earnings
  • 8.
    Background Reasons for the study Findings Statistical base Average author and copyright Population Great Britain (wealthy country) – . millions – millions ( living in towns) – millions (incl. Ireland) Germany (poor country) – millions – millions ( living in towns) – millions Ability to buy and read books. Despite a larger population it is not obvious, that in Germany more people (in numbers) could a ord books than in Great Britain. Eckhard Höffner Structure of authors’ earnings
  • 9.
    Background Reasons for the study Findings Statistical base Average author and copyright Population Great Britain (wealthy country) – . millions – millions ( living in towns) – millions (incl. Ireland) Germany (poor country) – millions – millions ( living in towns) – millions Ability to buy and read books. Despite a larger population it is not obvious, that in Germany more people (in numbers) could a ord books than in Great Britain. Eckhard Höffner Structure of authors’ earnings
  • 10.
    Background Reasons for the study Findings Statistical base Average author and copyright Population Great Britain (wealthy country) – . millions – millions ( living in towns) – millions (incl. Ireland) Germany (poor country) – millions – millions ( living in towns) – millions Ability to buy and read books. Despite a larger population it is not obvious, that in Germany more people (in numbers) could a ord books than in Great Britain. Eckhard Höffner Structure of authors’ earnings
  • 11.
    Background Reasons for the study Findings Statistical base Average author and copyright New released titles 13000 12000 11000 10000 9000 German book fairs 8000 7000 6000 Estimates 5000 4000 3000 2000 Great Britain 1000 70 80 0 00 10 20 30 40 50 60 9 17 17 17 18 18 18 18 18 18 18 Eckhard Höffner Structure of authors’ earnings
  • 12.
    Background Reasons for the study Findings Statistical base Average author and copyright Obvious discrepancy Great Britain Wealthy and most advanced country. Low numbers of new titles. Regressive development. Germany Poor country with a high numbers of new titles. Dynamic development. Without IPR more new books were published. What can be said about authors’ earnings? Eckhard Höffner Structure of authors’ earnings
  • 13.
    Background Reasons for the study Findings Statistical base Average author and copyright Obvious discrepancy Great Britain Wealthy and most advanced country. Low numbers of new titles. Regressive development. Germany Poor country with a high numbers of new titles. Dynamic development. Without IPR more new books were published. What can be said about authors’ earnings? Eckhard Höffner Structure of authors’ earnings
  • 14.
    Background Reasons for the study Findings Statistical base Average author and copyright Obvious discrepancy Great Britain Wealthy and most advanced country. Low numbers of new titles. Regressive development. Germany Poor country with a high numbers of new titles. Dynamic development. Without IPR more new books were published. What can be said about authors’ earnings? Eckhard Höffner Structure of authors’ earnings
  • 15.
    Background Types of contracts Findings Earnings Average author and copyright Di erent contract types Great Britain Outright sale of rights (most common, esp. Grub Street authors) Commission (o en since ) Sale of rights by edition (seldom) Pro t sharing (seldom) Self-Publication, Subscription (academic books) Germany – Payment by sheet (buy out). – Self-Publication (with and without subscription). – – Payment by sheet and edition. Bestsellers were reprinted by several publishers (only one was paying the author). Eckhard Höffner Structure of authors’ earnings
  • 16.
    Background Types of contracts Findings Earnings Average author and copyright Di erent contract types Great Britain Outright sale of rights (most common, esp. Grub Street authors) Commission (o en since ) Sale of rights by edition (seldom) Pro t sharing (seldom) Self-Publication, Subscription (academic books) Germany – Payment by sheet (buy out). – Self-Publication (with and without subscription). – – Payment by sheet and edition. Bestsellers were reprinted by several publishers (only one was paying the author). Eckhard Höffner Structure of authors’ earnings
  • 17.
    Background Types of contracts Findings Earnings Average author and copyright Average incomes per year Great Britain – – subsistence: – – academic middle class: – – academic middle class: – – academic middle class: – Germany – – subsistence: – Taler – academic middle class: – Taler – – academic middle class: – Taler Eckhard Höffner Structure of authors’ earnings
  • 18.
    Background Types of contracts Findings Earnings Average author and copyright Average incomes per year Great Britain – – subsistence: – – academic middle class: – – academic middle class: – – academic middle class: – Germany – – subsistence: – Taler – academic middle class: – Taler – – academic middle class: – Taler Eckhard Höffner Structure of authors’ earnings
  • 19.
    Background Types of contracts Findings Earnings Average author and copyright Germany Germany Until – Authors’ earnings have been poor. – Reprinting era: Honoraries were increasing from day to day (J. G , ). – ere are so many poor books, because authors can live from writing (A. . K ). – Some booksellers from Leipzig have raised payments six times more than it was the average (J. G. H ). Eckhard Höffner Structure of authors’ earnings
  • 20.
    Background Types of contracts Findings Earnings Average author and copyright Earnings of authors Great Britain Bestsellers (less than ) could earn a fortune. A slightly larger group (e.g. Wordsworth or Austen) did receive an income similar to a gentleman for a book (not on the long term). For an average author an honorary of was already a nancial success. Germany Due to the strong competition during the reprinting era ( – ), an e cient book industry was established with increasing author fees, a variety of novelties, e cient sales and low priced current books. – e increase of average payments was smaller. Eckhard Höffner Structure of authors’ earnings
  • 21.
    Background Types of contracts Findings Earnings Average author and copyright Earnings of authors Great Britain Bestsellers (less than ) could earn a fortune. A slightly larger group (e.g. Wordsworth or Austen) did receive an income similar to a gentleman for a book (not on the long term). For an average author an honorary of was already a nancial success. Germany Due to the strong competition during the reprinting era ( – ), an e cient book industry was established with increasing author fees, a variety of novelties, e cient sales and low priced current books. – e increase of average payments was smaller. Eckhard Höffner Structure of authors’ earnings
  • 22.
    Background Types of contracts Findings Earnings Average author and copyright Strahan and Cadell (example) Great Britain Author Date Honorary total books (Strahan) – approx. William Robertson , William Buchan Henry Mackenzie – John Hawkesworth Lord Kames Adam Smith – (– ?) Adam Ferguson Robert Watson Hugh Blair Robert Henry rest approx. authors , Eckhard Höffner Structure of authors’ earnings
  • 23.
    Background Types of contracts Findings Earnings Average author and copyright Germany Germany – Payment per sheet Date One edition until books, ½– Taler – – Taler -½ Taler known authors – Taler average – – , Taler average – – Taler known authors – – Taler average – – Taler known authors Eckhard Höffner Structure of authors’ earnings
  • 24.
    Background Findings Average author and copyright Comparison Great Britain Germany e average payment for a e average payment for a book was about a tenth of book was about a quarter the yearly income of an up to an half of the yearly academic member of the income of an academic middle class. member of the middle Very few books were class. published and written Many books on any topics (mostly classical canon and were written, published novels). and paid. Copyright was not trivial, but harmed the average author. Eckhard Höffner Structure of authors’ earnings
  • 25.
    Background Findings Average author and copyright Comparison Great Britain Germany e average payment for a e average payment for a book was about a tenth of book was about a quarter the yearly income of an up to an half of the yearly academic member of the income of an academic middle class. member of the middle Very few books were class. published and written Many books on any topics (mostly classical canon and were written, published novels). and paid. Copyright was not trivial, but harmed the average author. Eckhard Höffner Structure of authors’ earnings
  • 26.
    Background Findings Average author and copyright ere is no money in that Great Britain » ere is lifelong penury in it : starvation : suicide : a debtor’s prison : hard and grinding work for miserable pay : a cruel task-master : work done to order paid for by the yard. As for the wished-for life among books, these unfortunate poets could not a ord to buy books : as for freedom, quiet, ease, they never had any at all. Even the joy of composition, which one would think could not be taken from them, they could never enjoy, because they wrote to order and what they were told to write : they were paid servants : they lived in a garret : they never rose out of poverty and misery : they were buried in the paupers’ corner.« W B (founder and chairman from the S A in till ). Eckhard Höffner Structure of authors’ earnings