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

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


• Competition is intensive

• To be competitive a company need to be creative

• Creativity is therefore at the core of business survival


• 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


• 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


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


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


• 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


– 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


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


• 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


• 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


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


0

2

4

6

8

10

12

USA Canada Hungary

GDP

Employment

Singapore Latvia

%


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,


0

2

4

6

8

10

12

Philippines Bulgaria Lebanon

GDPEmployment

Mexico Jamaica


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


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


• indicative of structural changes in the economy

• useful in identifying – competitive advantages– drivers– problem areas


• 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


• 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 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

[email protected]

Documents

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