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
Copyright and Creative Industries
WIPO Creative Industries Agenda
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.
- Australia
Creative Industries
Definitions
- 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
Industries
Interdependent
Copyright
Industries
Partial
Copyright
Industries
Non-Dedicated
Support Industries
1. Legislative &
Data Review
4. Numerical Methods
Economic Contribution
•Output
•Value Added
•Employment
•Foreign Trade
3. Interviews
2. Industry
Survey
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)
Canada (2002)
5.67
5.80
5.38
6.87
Latvia (2000)
4.00
4.40
Hungary (2002) 6.67
7.10
Copyright and Measurement of CIs
contd.
% 12
10
8
GDP
6
Employment
4
2
0
USA Singapore Canada
Latvia Hungary
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
4.48
Studies at different stages: Croatia, Romania, Russia,
Ukraine, Brazil, Colombia, Peru, China, Malaysia, Pakistan,
Morocco, Sudan, Kenya, Tanzania,
Copyright and Measurement of CIs
contd.
12
10
8
GDP
Employment
6
4
2
0
Philippines Mexico Bulgaria Jamaica Lebanon
Copyright and Measurement of CIs
contd.
Contribution to
GDP by Industry
100%
90%
80%
advertising
70%
cr collecting societies
60%
Photography
visual and graphic arts
50%
motion pidcture and video
40%
Music, theatrical productions and
opera
30%
radio and tv
20%
software
10%
press and literature
U
R
PE
O
JA
M
AI
C
A
BU
LG
AR
IA
LE
B
AN
O
N
C
R
O
A
TI
A
U
KR
A
IN
E
M
A
LA
YS
IA
XI
C
M
E
ES
Y
R
G
A
N
IL
IP
PI
N
PH
IA
LA
TV
U
H
SI
N
G
AP
O
R
E
0%
Copyright and Measurement of CIs
contd.
100%
80%
advertising
60%
cr collecting societies
Photography
visual and graphic arts
40%
motion pidcture and video
Music, theatrical
productions and opera
radio and tv
20%
software
press and literature
0%
LATVIA
HUNGARY
PHILIPPINES
MEXICO
JAMAICA
BULGARIA
LEBANON
CROATIA
UKRAINE
PERU
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
Christopher.kalanje@wipo.int