Professor Martin Kretschmer’s research into private copying and fair compensation is at the centre of a discussion at an Intellectual Property Office event next week.
‘Informing Copyright Policy in the UK’ takes place on Wednesday 19 October, in partnership with The Big Innovation Centre.
It is an opportunity for copyright owners, technology companies, consumers, academics and policy makers to discuss exactly what Kretschmer’s findings mean for UK policy making.
The influential research paper, entitled ‘Private Copying and Fair Compensation: A comparative study of copyright levies inEurope’, offers the first independent empirical assessment of the European levy system.
The research consolidates evidence on levy setting and collection, as well as reviewing the scope of consumer permissions associated with levy payments. Professor Kretschmer reports the results of three product level studies – printer / scanners, portable music / video / game devices and tablet computers – and analyses the relationship between VAT, levy tariffs and retail prices in 20 levy and non-levy countries.
The other paper up for discussion is ‘Changing Business Models in the Creative Industries: The Cases of Television, Computer Games and Music, by Dr Nicola Searle from theUniversityofAbertay,Dundee.
More information at the event can be found here.
Professor Kretschmer’s key findings:
– There are dramatic differences between countries in the methodology used for identifying leviable media and devices, setting tariffs, and allocating beneficiaries of the levy. These variations cannot be explained by an underlying concept of economic harm to right holders from private copying.
– The scope of consumer permissions under the statutory exceptions for private copying within the EU does not match with what consumers ordinarily understand as private activities.
– In levy countries, the costs of levies as an indirect tax are not always passed on to the consumer. In competitive markets, such as those for printers, manufacturers of levied goods appear to absorb the levy. There appears to be a pan-European retail price range for many consumer devices regardless of levy schemes (with the exception ofScandinavia).
– In non-levy countries, such as theUK, a certain amount of private copying is already priced into retail purchases. For example, right holders have either explicitly permitted acts of format shifting, or decided not to enforce their exclusive rights. Commercial practice will not change as a result of introducing a narrowly conceived private copying exception.
– A more widely conceived exception that would cover private activities that take place in digital networks (such as downloading for personal use, or noncommercial adaptation and distribution within networks of friends) may be best understood not as an exception but as a statutory licence. Such a licence could include state regulated payments with levy characteristics as part of a wider overhaul of the copyright system, facilitating the growth of new digital services.
Links
Professor Martin Kretschmer’s academic profile
The first closing date for the current round of the BU Fusion Fund competition is 1 November 2011.
The role of a university has been debated since the nineteenth century. In 1852 Cardinal Newman wrote that the sole function of a university was to teach universal knowledge, embodying the idea of ‘the learning university’. Newman believed that knowledge is valuable and important for its own sake and not just for its perceived use to society (this is very different from the current thinking on the importance of research impact, public accountability and the value of research findings to society at large, issues which I imagine Newman would have thought of as irrelevant!). There was not a great deal in Newman’s work about the importance of research in a university, but research was beginning to play the starring role in mainland Europe where Prussian education minister Wilhelm von Humboldt wrote of the concept of ‘the research university’ and eventually set up the Humboldt University of Berlin. After the Napoleonic Wars, von Humboldt’s view was that the research university was a tool for national rebuilding through the prioritisation of graduate research over undergraduate teaching. This model soon became the blueprint for the rest of Europe, the United States and Japan. Arguably the Russell Group universities are today still structured in a similar way to that envisaged by von Humboldt two hundred years ago.
Moving into the twentieth century and we come across American educationalist Abraham Flexner who wrote of ‘the modern university’. In Flexner’s view universities had a responsibility to pursue excellence, with academic staff being able to seamlessly move from the research lab to the classroom and back again. The pursuit of excellence features in many universities strategies, and sounds very similar to the message conveyed by the REF team as part of the REF2014 guidance. The union of research and education also sounds similar to the current structure of many UK universities.
The creation and sharing of new knowledge and new ideas has become the principal purpose of many modern universities. In Northern and Western Europe and North America the university has become the key producer of knowledge (through research) and the key sharer of knowledge (through teaching). The University of Bristol’s Vice-Chancellor Professor Eric Thomas claims that universities are the knowledge engines of our society having produced the vast majority of society’s breakthroughs and innovations, such as: the computer, the web, the structure of DNA, Dolly the Sheep, and the fibre optic cable. Where would we be without these breakthroughs, and would they have come about so quickly without university research?

A couple of months ago we ran a blog post about the amazing research into prosopagnosia (face blindness) being undertaken at Bournemouth University by 






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