The valuation of unprotected works: a case study of public domain photographs on Wikipedia

What is the value of works in the public domain? We study the biographical Wikipedia pages of a large data set of authors, composers, and lyricists to determine whether the public domain status of available images leads to a higher rate of inclusion of illustrated supplementary material and whether such inclusion increases visitorship to individual pages. We attempt to objectively place a value on the body of public domain photographs and illustrations which are used in this global resource. We find that the most historically remote subjects are more likely to have images on their web pages because their biographical life-spans pre-date the existence of in-copyright imagery. We find that the large majority of photos and illustrations used on subject pages were obtained from the public domain, and we estimate their value in terms of costs saved to Wikipedia page builders and in terms of increased traffic corresponding to the inclusion of an image. Then, extrapolating from the characteristics of a random sample of a further 300 Wikipedia pages, we estimate a total value of public domain photographs on Wikipedia of between $246 to$270 million dollars per year

The valuation of unprotected works: a case study of public domain photographs on Wikipedia

What is the value of works in the public domain? We study the biographical Wikipedia pages of a large data set of authors, composers, and lyricists to determine whether the public domain status of available images leads to a higher rate of inclusion of illustrated supplementary material and whether such inclusion increases visitorship to individual pages. We attempt to objectively place a value on the body of public domain photographs and illustrations which are used in this global resource. We find that the most historically remote subjects are more likely to have images on their web pages because their biographical life-spans pre-date the existence of in-copyright imagery. We find that the large majority of photos and illustrations used on subject pages were obtained from the public domain, and we estimate their value in terms of costs saved to Wikipedia page builders and in terms of increased traffic corresponding to the inclusion of an image. Then, extrapolating from the characteristics of a random sample of a further 300 Wikipedia pages, we estimate a total value of public domain photographs on Wikipedia of between $246 to$270 million dollars per year

The European Commission's public consultation on the review of EU copyright rules: a response by the CREATe Centre

No abstract available

IP in the Generative AI multiverse

This paper considers the prospects for intellectual property law and regulation under conditions of the “multiverse”, a popular trope in science fiction. Using the “classical” many-worlds multiverse portrayed in the 2022 film, Everything, Everywhere, All At Once, we explore scenarios related to advances in Generative AI. While traveling to different worlds remains in the realm of science fiction, Gen AI might make possible a “simulated multiverse” in which a computer system operator could generate infinite innovative solutions, test and refine them. These multiverse scenarios are evaluated through the lens of two prevailing justifications for intellectual property: a utilitarian justification and a personality theory interpretation. Both justifications are challenged by multiverse conditions. The utilitarian justification is confronted by a radical oversupply of innovation. Information glut and congestion are exacerbated by intellectual property rights, as would-be licensees are encouraged to “generate around” owned solutions. Optimal solutions are buried under alternatives whose utilities are unknown a priori. Individualised solutions are likely to predominate over consensus standards, with welfare implications. Natural rights justifications for intellectual property connect innovation rewards to one’s innate personhood. The personhood-innovation link is broken by the multiverse, which permits the import of “invasive species”: innovations that did not originate locally and are orphaned from the socio-technical context of their creation. Possibilities for regulation of innovation in multiverse conditions are discussed. Law and policy must be attuned to unexpected power differentials and distorted incentives introduced by multiverse-like developments. Who gets to observe, how quickly and with what indexing capacity become key dimensions of inequality in a world where everything is available all at once

The European Commission's public consultation on the review of EU copyright rules: a response by the CREATe Centre

No abstract available

Priorities for Generative AI Regulation in the UK: CREATe response to the Digital Regulation Cooperation Forum (DRCF)

In July 2023 the UK Digital Regulation Cooperation Forum (DRCF) issued a request for comment on the status of generative AI and priority regulatory concerns. The DRCF is comprised of four of the UK’s major regulators: the Competition and Markets Authority (CMA), the Financial Conduct Authority (FCA), the Information Commissioner’s Office (ICO) and Ofcom. As a research centre with a focus on technology regulation and evidence-based policy making, CREATe is undertaking research that addresses the specific questions raised by the DRCF. As we lay out in our response, the challenges posed by generative AI will be complex, imposing a need for regulators to actively engage with evidence on these dynamic and multifaceted effects. This response addresses key questions raised by the DRCF. Notably, the anticipated direction of travel of innovation of GenAI in the near term, an assessment of what citizens and consumers are currently doing with GenAI, how regulated services are making use of GenAI, what gaps in regulation currently exist, and how future regulation can be balanced with competition, innovation, consumer wellbeing and people’s rights and freedoms. We suggest that addressing these issues requires an interdisciplinary approach. Regulatory responses will need to be cross-domain, adaptable, and scalable to confront these multi-faceted challenges. Research which takes a holistic view incorporating various legal and policy domains can contribute to supporting cross-domain regulatory initiatives

Can creative firms thrive without copyright? Value generation and capture from private-collective innovation

Accounts of the copyright industries in national reports suggest that strong intellectual property (IP) rights support creative firms. However, mounting evidence from sectors such as video game production and 3-D printing indicate that business models based on open IP can also be profitable. This study investigates the relationship between IP protection and value capture for creative industry firms engaged in collective/open innovation activities. A sample of 22 businesses interviewed in this study did not require exclusive ownership of creative materials but instead employed a range of strategies to compete and capture value. Benefits for some firms resemble those for participants in private-collective innovation (PCI), originally observed in open-source software development. Advantages of PCI include the ability to commercialize user improvements and a reduction in transaction costs related to seeking and obtaining permission to innovate existing ideas. Some creative firms in this study were able to generate and capture value from PCI in two directions: upstream and downstream. These dynamics offer a mechanism to understand and articulate the value of openness for creative industries policy and management of creative organizations

The EU copyright directive creates new legal uncertainties

This article provides commentary on the potential effects of CDSM Article 17 for innovation and user expression. It describes the shift away from the prevailing notice-and-takedown regime to one in which platforms must seek licenses from content owners

Empirical Investigations of Platform Creativity

This video-recorded presentation examines the incentives and constraints that shape user-led creativity in online platforms. Inspired by theory on private-collective innovation, my research seeks to identify the conditions under which creators will freely offer their work to be modified by others, or in turn will incorporate freely available inputs into their own creative production. I am further interested in how these dynamics differ between commercial platforms and commons-based platforms such as the Wikimedia Commons. My presentation draws primarily on two recent projects: a study of the risks and rewards of engaging in remix on the crowdfunding platform Kickstarter, and a study to estimate the value of imagery contained in the Wikimedia Commons. A key challenge of this work is developing methodologies to allow statistical analysis of subjective qualities of creativity. I hope to discuss some of those challenges and the strategies I have used to address them in this talk

Uptake and Exploitation of Public Domain Materials by UK Creative Firms

Video recording of a talk delivered by Dr. Kris Erickson summarising results of qualitative research with UK media firms as part of a study on the Public Domain. Interviews with 22 creative businesses in the UK explore managers' decisions to make use of material residing in the public domain. Results suggest that lack of excludability does not deter creative firms from working with PD material, but that copyright awareness and capabilities are a significant source of competitive advantage for firms. Firms that make use of PD material appear more likely to engage in other 'sharing economy' practices