The Role and Contribution of the Copyright Industry for Economic

Growth and Development

Dr Susan Isiko Štrba Consultant (IP, Trade and Development)

National Intellectual Policy (IP) Workshop: The

Strategic Use of IP for Technological Capacity Building, Economic Growth and Development

Mbabane, 19 -20 May 2014

outline

• Some definitions

• Measuring the role and contribution of copyright to economic growth and development: Objectives

• Methodological challenges

• Some sampled findings

• Why it matters

• Cautionary notes

• Conclusions

What is copyright and how can we relate to it

• One of the branches of IP , applies to • Every production in literary and artistic works,

examples – Books, music, plays, choreography, films, paintings,

sculptures, computer programs and databases

• Basic rules on what to be protected outlined by international instruments agreed to, BUT

• Specific items protected vary according to national legislation, priorities, but there are minimum international expectations (Non-discrimination)

Objectives

• Quantify the economic contribution of CR and RR-based industries in the a country by estimating their contribution to e.g: – GDP

– share of national employment, and

– revenue generated from foreign trade

• Analyse and elaborate on selected CR and RR-based industries of importance to a country. Might include: – their national market structure

– value chain

– demand and supply chain patterns

Objectives (2)

– Labour market – Policy framework – Support from public and civil sector including the role of collective

management organizations and other CR-related organizations – Financing mechanisms – Implications of the digital environment

• Identify comparative advantages of the CR-based industries with regard to other industry sectors and with regard to major trade partners, and

• Propose policy, strategic and institutional interventions for encouraging the growth and development of CR-based industries in a country (eg adjusting national legislative practices or adapting trade and economic and public policies to the results

Methodological challenges

• A bad start? – Historical origins of exercise (studies as early as 1970s) – Developed country consequently leading to

• Some definitional challenges for less economically advanced countries, such as – Copyright industry, creative industry, cultural industry – Economic growth, economic development – Data available – limitations (diverse levels of poverty), thus

• Mistrust, criticism even resentment, but • Since 2001, 5 WIPO Commissioned studies in 5 developing

countries (Argentina, Brazil, Chile, Paraguay, Uruguay) • Have existing guidelines, the most popular being • WIPO Guide on the Surveying the Economic Contribution of

Copyright-Based Industries (2003)

The WIPO Guide – some highlights

• Based on then existing studies (until 2002), including 5 developing countries

• Provides Guidelines (not in stone), eg – Types and categories of copyright-based industries

– Common economic indicators for measuring contribution

– Comparing with other countries (self-examination)

– Data collection, etc

• Still heavily criticized

Categories of copyright industries

• Core copyright-based industries: These are industries which are wholly engaged in creation, production and manufacturing, performance, broadcast, communication and exhibition, or distribution and sales of works and other protected subject matter.

• Interdependent copyright-based industries: These are industries that are engaged in production, manufacture and sale of equipment whose function is wholly or primarily to facilitate the creation, production or use of works and other protected subject matter.

• Partial copyright-based industries: These are industries in which a portion of the activities is related to works and other protected subject matter and may involve creation, production and manufacturing, performance, broadcast, communication and exhibition or distribution and sales.

• Non-dedicated support industries (NDSI): These industries are those in which a portion of the activities is related to facilitating broadcast, communication, distribution or sales of works and other protected subject

• matter, and whose activities have not been included in the core copyright industries.

Some examples of “core” copyright industries

(a) press and literature; (b) music, theatrical productions, operas; (c) motion picture and video; (d) radio and television; (e) photography; (f) software and databases; (g) visual and graphic arts; (h) advertising services; and (i) copyright collective management societies.

Some examples of “core” copyright industries

(a) press and literature • authors, writers, translators • newspapers • news and feature agencies • magazines/periodicals • book publishing, • cards and maps • directories and other published materials • pre-press, printing, and post-press of books, magazines, newspapers, • advertising materials • wholesale and retail of press and literature (book stores, news stands),

and • libraries.

Some examples

(b) music, theatrical productions, operas; • composers, lyricists, arrangers, choreographers,

directors, • performers and other personnel; • printing and publishing of music; • production/manufacturing of recorded music; • wholesale and retail of recorded music (sale and

rental); • artistic and literary creation and interpretation; and • performances and allied agencies (booking agencies,

ticket agencies)

Examples cont’d

(c) motion picture and video;

• writers, directors, actors etc.;

• motion picture and video production and distribution;

• motion picture exhibition;

• video rentals and sales including video on demand; and

• allied services

Examples

(d) radio and television

• national radio and television broadcasting companies;

• other radio and television broadcasters;

• independent producers;

• cable television (systems and channels);

• satellite television; and

• allied services.

Examples cont’d

(e) Photography • studios and commercial photography; and • photo agencies and libraries (photo-finishing labs

should not be included). (f) Software and databases • programming, development and design; • manufacturing, wholesale and retail prepackaged

software (business programs, • video games, educational programs etc.); and • database processing and publishing

Examples cont’d

(g) Visual and graphic arts

• artists;

• art galleries and other wholesale and retail;

• picture framing and other allied services; and

• graphic design.

(h) Advertising services

• agencies, buying services (the price of advertising should not be included).

(i) Copyright Collective Management Societies

Common Economic indicators

• Value added – Percentage of GDP attributable to copyright and

related rights industries

• Job creation – Ratio of industries’ employment to the total

employment

• Export volume (International trade – imports and exports) • Volume in relation to other industries in the economy

• Others (remuneration, labour productivity, etc)

Sampled findings: overview of main findings

• About 40 studies conducted based on WIPO Guide (means there are many more studies), in developed and developing.

• The copyright industry contributes significantly to economic growth and development – The US copyright based industries contributed 7.75% to

the US GDP and 5.9% of the total workforce in 2001 – A survey of 15 EU countries shows that CR-based

industries contributed between 1.5% to 7% to the GDP and 2% to 4.3% of the total workforce

– In Africa, at least three countries have conducted surveys on the impact of the copyright based industries (South Africa, Kenya and Malawi)

Contribution of Copyright-Based Industries in 2008

Source: Survey of Contribution of Copyright-based Industry by Sought Africa 2011

Sample contribution (3)

– A 2013 survey CR-based industries in Malawi contributed 3.46% to GDP, (ranking 8th in country) and 3.35% to total employment

– In 2007, 5.3% to GDP in Kenya

• Take home: Importance varies, depending on many factors including type of industry and level of development, but at there is contribution

Why it matters?

• Boost up recognition of the copyright industries – Create better understanding and overview on performance

of the copyright industry and related rights – Better understanding and overview of economic

contribution of CR and RR industries in comparison to other developed and developing countries

• Raise awareness among national policy and decision makers about the economic importance of CR, resulting in

• Effective, country-specific policies to promote growth and development of CR and RR industries (or kill them if necessary)

Coming home – role and economic contribution of CR in Swaziland

• Copyright sector is area of IP with greatest potential for country. Well known for cultural industry – Incwala ceremony, – Annual Umhlanga Reed Dance – Handcraft industry. Formalized HC businesses employed 2500 pple (TechnoServe Swaziland

Handcrafts Impact Study) – Music (Ras Mellow – Reggae, Ncandweni Christ Ambassadors – reggae, KRTC – Hip-hop) – Choreography/Music (Mshikishi)

• Not only protection, but also evaluation for taking strategic decisions nationally, just like any industry – About investment, protection, etc

• Strategic reason with trading partners – EU/US strong and well established CR industries, thus trade and IP closely linked, many not be

the same for Swaziland – SACU, SADC, COMESA etc members with varying interests in IP

• Will guide making of IP policy and strategies

Cautionary notes

• Presentation has focused on economic contribution, but not the only type of contribution

• Should not get lost in methodology, rather focus on purpose

• WIPO or any methodology need to be adjusted • Important each country to carry out its own study or

analysis, and do so periodically (no one size fits all) – Eg categories of CR may differ in importance for each country

(eg software, ICT vs publishing) – Adjust policy and priorities – At international level, changes are taking place as well

• Part of continuous policy making, and can be (is often) influenced by developments at international level

Conclusions

• Copyright has a potential to contribute to economic growth and development of Swaziland

• It is in the interest of Swaziland to carry out a study on role and economic contribution of CR to country, so

• To design appropriate IP policies and strategies

Thank You!

isikos@hotmail.com