Heald (2014a)
Contents
Source Details
Heald (2014a) | |
Title: | How Copyright Keeps Works Disappeared |
Author(s): | Heald, P. J. |
Year: | 2014 |
Citation: | Heald, P. J. (2014). How Copyright Keeps Works Disappeared. Journal of Empirical Legal Studies, 11(4), 829-866. |
Link(s): | Definitive,Definitive , Open Access |
Key Related Studies: | |
Discipline: | |
Linked by: | Heald (2015), Heald (2017a), Heald (2020a), Heald (2020b) |
About the Data | |
Data Description: | The book study used a random sampling technique designed to collect information on representative new fiction books in the Amazon category “Literature and Fiction.” Only data on new books for sale by Amazon (no used books or books for sale by affiliates) were collected. The final sample included 2266 titles.
Two samples of music were collected: (1) 134 movies sampled randomly from BoxOfficeMojo to produce 1078 identifiable soundtrack songs; (2) the top 100 highest-grossing movies of all time from BoxOfficeMojo to produce 836 identifiable soundtrack songs. |
Data Type: | Primary data |
Secondary Data Sources: | |
Data Collection Methods: | |
Data Analysis Methods: | |
Industry(ies): | |
Country(ies): | |
Cross Country Study?: | No |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
Time Period(s) of Collection: |
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Funder(s): |
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Abstract
A random sample of new books for sale on Amazon.com shows more books for sale from the 1880’s than the 1980’s. Why? This paper presents new data on how copyright stifles the reappearance of works. First, a random sample of more than 2000 new books for sale on Amazon.com is analyzed along with a random sample of almost 2000 songs available on new DVD’s. Copyright status correlates highly with absence from the Amazon shelf. Together with publishing business models, copyright law seems to deter distribution and diminish access. Further analysis of eBook markets, used books on Abebooks.com, and the Chicago Public library collection suggests that no alternative marketplace for out-of-print books has yet developed. Data from iTunes and YouTube, however, tell a different story for older hit songs. The much wider availability of old music in digital form may be explained by the differing holdings in two important cases Boosey & Hawkes v. Disney (music) and Random House v. Rosetta Stone (books).
Main Results of the Study
- Editions of books now in the public domain (published before 1923) constitute 72% of the total while editions of titles under copyright constitute 28%.
- Public domain books averaged 4 times more editions per title than the copyrighted books.
- The effect of copyright law on the availability of music as it appears on new DVDs sold by Amazon is also negative, but not as negative as books.
- Three times as many 60 to 80 year-old public domain songs were used in movies than those in the same category still protected by copyright.
Policy Implications as Stated By Author
- Copyright term extensions have clearly prevented the development of a market for re-printing the massive number of “missing” works from the 20th century. If availability matters, then further attempts to extend the copyright term should be resisted, not encouraged.
Coverage of Study
Datasets
Sample size: | 2266 |
Level of aggregation: | book titles |
Period of material under study: | Not stated |
Sample size: | 1914 |
Level of aggregation: | songs |
Period of material under study: | Not stated |