Copyright Issues in Creative Industry Christopher Kalanje, Counsellor, Creative Industries Division, wipo

WIPO-SCIPS TRAINING PROGRAM ON INTELLECTUAL PROPERTY FOR SMALL AND MEDIUM-SIZED ENTERPRISES Geneva, November 25 to 28, 2008

• Copyright Issues in Creative Industry

• Christopher Kalanje, Counsellor, Creative Industries Division, WIPO

• November 28, 2008

Road Map

Creativity and Creative Industries

• Competition is intensive

• To be competitive a company need to be creative

• Creativity is therefore at the core of business survival

Creativity and Creative Industries

• Not all companies can be categorized as creative industries

• Beverage
• footwear
• Transport equipment (Motor vehicles)
• e.t.c

Defining Creative Industries

Defining Creative Industries contd.

Defining Creative Industries contd.

• Late 1990s UK department for culture, media and sports (DCMS) established creative industries unit and task force

• UK definition “those industries that have their origin in individual creativity, skill and talent and which have a potential for wealth and job creation through the generation and exploitation of intellectual property”*
• * Creative industries mapping document 2001

Defining Creative Industries contd.

Defining Creative Industries contd.

Copyright and Measurement of CIs

• Growing interest towards economic contribution of creativity:

• Is creativity a driver in the knowledge economy?
• Can creativity bring more development?
• Can nations capitalize on creative assets?

• specific policy objectives leading to specific measurement tools

• variety of approaches - social, economic and cultural

Copyright and Measurement of CIs contd.

• There is a need to measure CIs

• difficulties
• how to measure the non-economic returns from creativity

• a possible approach of studying creativity is through the types of impacts that it produces

Copyright and Measurement of CIs contd.

• Clarity is needed on concept, definition and criteria of creative industries at,

• International level
• National level

• Important to focus on specific local, national and regional context

• Importance of IP in the development and success of creative industries should be highlighted

Copyright and Measurement of CIs Contd.

• Creativity poses definitional problems

• Copyright is a well defined concept

• a set of economic and moral rights
• a balance between individual and public interests
• a financial mechanism to reward creators

Copyright and Measurement of CIs contd.

• serves as the basis of huge industries
• enhances and enriches cultural heritage and cultural life
• can be used a tool to estimate
• employment, value added, export e.t.c.

Copyright and Measurement of CIs contd.

• Objective

• Through
• linking copyright to quantifiable indicators
• developing practical guidelines for measurements
• providing consistency of approach
• Enable
• positioning of the creative sector in the national economy
• international and cross-sectoral comparisons
• identification of competitive advantages

Copyright and Measurement of CIs contd.

• Objective

• Provide
• input for policy formulation
• adjustment of national policies and practices

Copyright and Measurement of CIs contd.

• A reinforced perspective on IP and copyright

• Relating copyright to business activities

• A new definition of the copyright-based industries following the extent of use of copyright material

Copyright and Measurement of CIs contd.

• A more transparent link to statistical reporting

• A step-by-step methodology

• A set of measurement techniques

Copyright and Measurement of CIs contd.

Copyright and Measurement of CIs contd.

• Core

• Press & Literature; Music, Theatrical Productions & Operas; Motion Picture & Video; Radio & TV; Photography; Software & Databases; Visual & Graphic Arts; Advertising Services; Copyright Collecting societies

• Interdependent

• TV sets, Radio, VCRs, CD Players, DVD Players, Cassette Players, Electronic Game Equipment and Other Similar Equipment; Computers & Equipment; Musical Instruments; Photographic & Cinematographic Instruments; Photocopiers; Blank Recording Material; Paper

Copyright and Measurement of CIs contd.

• Partial

• Apparel, Textiles and Footwear; Jewelry & Coins; Other Crafts; Furniture; Household Goods, China and Glass; Wall Coverings and Carpets; Toys and Games; Architecture, Engineering, Surveying; Interior Design; Museums

• Non-Dedicated

• General Wholesale and Retailing, General Transportation, Telephony and Internet

Copyright and Measurement of CIs contd.

Copyright and Measurement of CIs contd.

Copyright and Measurement of CIs contd.

Copyright and Measurement of CIs contd.

Copyright and Measurement of CIs contd.

Copyright and Measurement of CIs contd.

Copyright and Measurement of CIs contd.

• indicative of structural changes in the economy

• useful in identifying

• competitive advantages
• drivers
• problem areas

Copyright and Measurement of CIs contd.

• Feedback,

• Growing interest from Member-States, IGOs and NGOs
• Policy and professional interest and support
• Becomes an element of the copyright profile
• Indicators are generally acceptable
• results are not a function of the overall economic development level of the country
• strong influence of economic cycles and classification system

Copyright and Measurement of CIs contd.

• Challenges

• Relation between an industrial approach and individual creative activities (adjustments to data collection)
• It is a production, not consumption based approach
• underdeveloped statistical framework adds to the cost of the studies

Copyright and Measurement of CIs contd.

• copyright is limited to what is protectable
• some creative expressions are not covered
• the grey economy is not surveyed
• copyright is shaped by policymakers, not necessarily by creators
• anti - IP movement

WIPO Creative Industries Agenda

• Expand and improve surveys of the economic contribution

• Produce guidelines on estimating copyright piracy

• Launching a new generation of studies

• more focus on the qualitative side of creativity, on social and cultural impact of IP

WIPO Creative Industries Agenda contd.

• Data collection on cultural industries

• joint project with UNESCO, UIS, UNIDO, UNDP

• Participation in multi agency efforts on developing

• better cultural indicators
• satellite accounts for culture

WIPO Creative Industries Agenda contd.

• Produce practical guides on management of IP and creative enterprises

• Managing IP in the Book Publishing Industry
• Rights, Camera, Action! IP Rights and the Film-Making Process
• Managing Creative Enterprises
• How to Make a Living from Music

Finally