| Introduction and Road Map |
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1 | (1) |
| Introduction |
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1 | (3) |
| The Road Map |
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4 | (6) |
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1 What Is the Problem: Copyright and Creativity in Crisis |
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10 | (10) |
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1.1 The Germination of Copyright |
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10 | (1) |
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1.2 The Economic Justifications for Copyright: The Appropriability Problem; The Production, Structural, and Expressive Functions of Copyright |
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11 | (5) |
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1.3 The Varied Nature of IP Regimes: High-IP Regimes, Low-IP Regimes, and Hybrid IP-Regimes |
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16 | (1) |
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1.4 Creatorsversus Creative Intermediaries |
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17 | (3) |
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2 What Is Causing the Problem: Disruptive Innovation |
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20 | (15) |
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2.1 How Disruptive Innovation Works |
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20 | (3) |
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2.2 How Disruptive Innovation Impacts Rights in Digital Creative Works |
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23 | (4) |
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2.3 How Disruptive Innovation Transforms Markets and Business Models in Digital Creative Works |
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27 | (1) |
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2.4 How Disruptive Innovation Enables Piracy and Radically Undermines Markets in Creative Works |
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28 | (5) |
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2.5 How Disruptive Innovation Affects the Nature of Creative Content |
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33 | (2) |
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3 What Are Creative Industries Afraid Of: Known Risks |
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35 | (25) |
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35 | (3) |
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3.2 Unfair Skewing of the "Innovation Lottery" |
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38 | (1) |
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3.3 High Fixed Costs of Production |
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39 | (3) |
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3.4 Devaluation of Content |
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42 | (3) |
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3.5 Devaluation of Intermediaries |
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45 | (1) |
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3.6 Devaluation of Credentialization |
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46 | (3) |
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3.7 Loss of Traditional Sources of Revenue |
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49 | (1) |
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50 | (2) |
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3.9 Competing With Almost-Free |
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52 | (1) |
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3.10 Ability or Inability to Price Discriminate |
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52 | (2) |
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3.11 Struggling for First-Mover Advantage and Marketplace Position |
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54 | (3) |
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3.12 Limitations of Technologically Driven Strategies to Thwart Copying and Piracy |
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57 | (1) |
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3.13 Limitations of Anti-Copying Strategies |
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58 | (2) |
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4 What Should the Content Industries Be Afraid of, But May Not Be Aware Of?: Unseen Risks |
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60 | (25) |
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4.1 Social Norms in Creative Ecosystems: Origins in Guilds and Modern Guild-Like Systems |
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60 | (1) |
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4.2 Breakdown of the Norms of Social Capital, Reputational Capital and Cultural Recognition |
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61 | (2) |
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4.3 Breakdown of the Norm of Attribution |
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63 | (2) |
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4.4 Breakdown of the Norm of Apprenticeship |
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65 | (2) |
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4.5 Breakdown of Economies of Prestige |
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67 | (1) |
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4.6 Breakdown of Norms of Knowledge Exchange and Collaboration |
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68 | (1) |
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69 | (4) |
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4.8 Threat to Negative Spaces |
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73 | (2) |
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4.9 Undermining of "Negative Space" in Fields Where IP Has Not Traditionally Been Called Upon to Keep Productivity Robust |
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75 | (1) |
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4.10 Loss of Flexibility That Non-IP or Low-IP Spaces May Afford |
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76 | (2) |
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4.11 Breakdown of Norms: Stealing Versus Sharing |
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78 | (3) |
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4.12 Potential Repercussions of Propertization on the Public Domain |
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81 | (2) |
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4.13 Possible Negative Effects on Creative Content |
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83 | (2) |
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5 What Doesn't Work: Focusing Exclusively on Business- or IP-Based Solutions |
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85 | (29) |
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5.1 What Can Changing the Business Model Do ? |
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85 | (5) |
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5.2 What Does Changing the Business Model NOT Do ? |
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90 | (5) |
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5.3 What Are the Relative Advantages and Disadvantages to Changing the Business Model versus Changing the IP Model? |
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95 | (3) |
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98 | (3) |
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101 | (1) |
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5.6 What's Wrong With Just More IP? |
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102 | (9) |
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5.7 What About Eliminating IP? |
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111 | (3) |
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6 What Does Work: Tailoring |
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114 | (6) |
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6.1 Introduction to the Tailoring Framework |
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114 | (1) |
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6.2 The Four-Factors Test: Weighing Legal, Business, Technological, and Behavioral/Normative Factors |
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115 | (5) |
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7 Tailoring Business Models and Strategies |
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120 | (25) |
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7.1 Introduction to Business Issues |
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120 | (1) |
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7.2 How Resilient and Adaptable Is Your Business Model? |
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120 | (7) |
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7.3 Can You Change Your Profitability Paradigm? |
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127 | (7) |
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7.4 Do You Still Rely on Intermediaries? |
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134 | (3) |
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7.5 How Do You Remunerate Tour Labor? |
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137 | (8) |
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8 Tailoring Legal Policies and Practices |
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145 | (15) |
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8.1 Introduction to Legal Issues |
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145 | (2) |
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8.2 How Do You Maximize Tour IP Protection? |
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147 | (3) |
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8.3 Do You Use IP Rights to Retain and Reward Tour Employees? |
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150 | (2) |
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8.4 If You Are Seeking to Implement or Enhance Tour IP Protection, How Much Transaction Costs Would Change Incur? |
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152 | (1) |
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8.5 How Important to You are Licensing Rights Vs. Ownership Rights? |
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152 | (4) |
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8.6 Have You Implemented Collective Rights Management? |
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156 | (2) |
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8.7 If You Are a Low-IP or Negative Space: Is IP Good for Tour Industry, Is Copying Good for Tour Industry, or Is a Hybridized Model Good for Tour Industry? |
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158 | (2) |
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9 Tailoring Technological Measures |
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160 | (15) |
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9.1 Introduction to Technological Issues |
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160 | (1) |
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9.2 What Technological Protection Do You Have in Place and How Effective Is It? |
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160 | (2) |
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9.3 How Much Do You Value Interoperability? |
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162 | (2) |
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9.4 What Kind of Positive Externalities Do You Have? |
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164 | (11) |
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10 Tailoring Cultural and Normative Features |
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175 | (14) |
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10.1 Introduction to Cultural Issues |
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175 | (2) |
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10.2 Do You Have the Features of a Constructed Commons or Guild? |
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177 | (3) |
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10.3 Do You Have Cultural Features That Substitute for or Supplement a Formalized Legal IP System? |
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180 | (1) |
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10.4 How Much Room Is There for Open-Source Production? Do You Benefit From Open-Source Production? |
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181 | (2) |
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10.5 How Many Spillover and Network Effects Can Your Industry Produce? |
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183 | (6) |
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11 What Is Exacerbating the Problem: Big Tech: The Thumb on the Scales |
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189 | (23) |
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189 | (1) |
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190 | (11) |
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201 | (2) |
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203 | (6) |
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209 | (3) |
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12 What to Do When Tailoring Doesn't Suffice: Countervailing Strategies |
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212 | (15) |
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12.1 Introduction: Finding Strategies or Workarounds When Big Tech Skews the Field |
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212 | (1) |
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12.2 Scaling Up: Mergers and Acquisitions |
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213 | (2) |
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12.3 Strategic Alliances With Big Tech |
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215 | (2) |
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12.4 Creating a Global Media Company |
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217 | (1) |
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12.5 Taking Control of Content Development, Content Production, and Delivery Systems |
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218 | (5) |
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12.6 Keeping Content Fresh, Interactive, and Engaging |
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223 | (3) |
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12.7 Conclusion: Taking Control |
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226 | (1) |
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13 Copyright, Democracy, and Art |
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227 | (5) |
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13.1 The Democracy Paradox: How Protecting Copyright Enhances Democratic Flourishing |
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227 | (5) |
| Index |
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232 | |
Lisainfo e-raamatute kohta