An Economic Analysis of Copyright and Culture in the Information Age
Chapter 5: The Value of Performers’ Rights: An Economic Analysis (written with Millie Taylor)
CHAPTER 5 3/8/01 10:28 am Page 3 5. The value of performers’ rights: an economic analysis* With Millie Taylor 1. INTRODUCTION Copyright law provides the institutional framework within which the exchange of intellectual property takes place in the cultural sector of the economy. Since the Statute of Anne in 1709, copyright law has been adapted to accommodate changes in technology (which have influenced both the creation and the means of exploitation of ideas) and changes in social and economic organisation. This has been a two-way process, with changes in law being both cause and result of new forms of social and economic exchanges. Copyright is, in fact, a bundle of rights to prohibit and authorise a number of different acts and new rights have evolved over time to accommodate new acts. From an initial concern with publishing the written word, the principles of copyright law have been gradually extended to other media for the creation and dissemination of ideas. With the development of sound recording, film, broadcasting and electronic media, the protection of ‘authorship’ has been extended to include choreographers, film directors and performers (actors, dancers, musicians and so on), as well as record, film and broadcasting companies. Various changes to copyright have recently been made as part of the harmonisation programme of the European Union and these include new and extended rights for performers. These changes were brought about by Directives agreed by the EC Council of Ministers and member state governments to alter their existing law to...
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