wipo-scips training program on intellectual property for small and medium-sized enterprises geneva,...
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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
Defining Creative Industries
WIPO Creative Industries Agenda
Copyright and Creative Industries
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
Creative Industries
- Relatively new- Closely linked to cultural industries. Sometimes used interchangeably- Broader than cultural industries. Goes beyond
• performing arts and • handicrafts
Defining Creative Industries contd.
From Cultural to Creative Industries
-1944 Adorno & Horkheimer
- 1970s and 1980s. A positive view different from UNESCO
- 1990s-current. Wide use of term creative industries
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.
UK Creative Industries
Advertising; Architecture; Art and Antiques Market; Crafts; Design; Designer Fashion; Film & Video; Interactive Leisure Software; Music; Performing Arts; Publishing; Software and Computer Services; Television & Radio
Defining Creative Industries contd.
Creative IndustriesDefinitions
- Australia- Austria- Hong Kong- New Zealand- Singapore- USA (core copyright industries)
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.• Core Copyright
IndustriesCore Copyright
Industries
Interdependent Copyright Industries
Interdependent Copyright Industries
Partial Copyright Industries
Partial Copyright Industries
Non-Dedicated Support IndustriesNon-Dedicated
Support Industries
1. Legislative & Data Review
1. Legislative & Data Review
4. Numerical Methods4. Numerical Methods
3. Interviews3. Interviews
2. Industry Survey
2. Industry Survey
Economic Contribution•Output•Value Added•Employment•Foreign Trade
Economic Contribution•Output•Value Added•Employment•Foreign Trade
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.
Country % Contr. to GDP
% Employment
USA (2002) 11.97 8.41
Singapore (2001)
5.67 5.80
Canada (2002)
5.38 6.87
Latvia (2000) 4.00 4.40
Hungary (2002)
6.67 7.10
Copyright and Measurement of CIs contd.
0
2
4
6
8
10
12
USA Canada Hungary
GDP
Employment
Singapore Latvia
%
Copyright and Measurement of CIs contd.
Country % Contr. to GDP
% Employment
Philippines (1999)
4.82 11.10
Mexico (2003) 8.07 11.01
Bulgaria (2005)
2.81 4.31
Jamaica (2005) 4.80 3.03
Lebanon (2005)
4.75 4.48Studies at different stages: Croatia, Romania, Russia, Ukraine, Brazil, Colombia, Peru, China, Malaysia, Pakistan, Morocco, Sudan, Kenya, Tanzania,
Copyright and Measurement of CIs contd.
0
2
4
6
8
10
12
Philippines Bulgaria Lebanon
GDPEmployment
Mexico Jamaica
Copyright and Measurement of CIs contd.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
advertising
cr collecting societies
Photography
visual and graphic arts
motion pidcture and video
Music, theatrical productions andopera
radio and tv
software
press and literature
Contribution to GDP by Industry
Copyright and Measurement of CIs contd.
0%
20%
40%
60%
80%
100%
LATVIA HUNGARY PHILIPPINES MEXICO J AMAICA BULGARIA LEBANON CROATIA UKRAINE PERU
advertising
cr collecting societies
Photography
visual and graphic arts
motion pidcture and video
Music, theatricalproductions and operaradio and tv
software
press and literature
Contribution to Employment by Industry
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