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DIME Working Papers series on Intellectual Property Rights 41 - 45

WP41: Evolving networks and the finest in jazz

David Grandadam, BETA

Creativity is commonly viewed as a collective process involving the co- ordination of a variety of individuals who interact in a dense network and in uence one another through time. In this paper, we study the evolution of the network of collaboration among artists in the particular case of the Blue Note jazz label. By analyzing the extent to which the collaboration structure relies on a star production model and the extent to which it relies on integrated and cohesive groups, we examine how the label combined creativity and the market for creative ideas so as to guarantee its economic viability. We suggest that the di erent artists and styles should not be con- sidered as independent from each other, but rather should be considered as having emerged from an interconnected core. The Blue Note label has therefore been able to put forth simultaneously creative talents as well as established artists, which have all contributed in their own way to shape the evolution of jazz.

WP42: Testing the over- and under- exploitation hypotheses: bestselling musical compositions (1913-32) and their use in cinema

Paul J. Heald, University of Georgia

Some economists assert that as valuable works transition from copyrighted status and fall into the public domain they will be underexploited and their value dissipated. Others insist instead that without an owner to control their use, valuable public domain works will be overexploited or otherwise debased. This study of the most valuable musical compositions from 1913-32 demonstrates that neither hypothesis is true as it applies to the exploitation of songs in movies from 1968-2007. When compositions fall into the public domain, they are more likely to be exploited in movies, suggesting no under-exploitation. And the rate of exploitation of these public domain songs is no greater than that of copyrighted songs, indicating no congestion externality. The absence of market failure is likely due to producer and consumer self-regulation.

WP43: Game is not over yet: software patents and their impact on video game industry in Europe

Huang Yan, National University of Singapore

The paper conducts a review of patent protection of video game software, such as computer game engine, game methods and game concept. The paper compares the software patent protection schemes between the US and the EU, and points out that strong software patent protection for video games may intrude virtual world and stifle innovation. The paper believes that property rights in virtual worlds are really about social relations. Only when Europe has recognized the missions of patent protection and the features of the video game business, can it make its own satisfied legal arrangements of the social relations in the real-world, and achieve the goals set by itself in the political and cultural strategies.

WP44: Creativity and intellectual property in advertising industry. A case study from Turkey.

Ozlem Kacar Akman, Istanbul Bilgi University
Burhan Can Karahasan, Istanbul Bilgi University

Evolution of the unique place of innovation and invention is complemented by the recent discussions regarding the significance of creativity. While the industrialization process of nations and the endogenous growth theorists underline the need for the protection and subsidization of the innovation, we find it necessary to include the output of creativity into the process. The increasing role of creative industries both at the economical level and also at the social level, underlines the significance of intangible inputs of the process mainly the creator. Advertising sector, as one of the core sectors of the creative industry class, needs a distinct attention. Throughout the paper, the advertising sector in Turkey will be evaluated. In line with the legislative and institutional environment of Turkey, the protection of the creative ideas and the creators of advertising work will be discussed. While recent developments remark an improvement, we find it necessary to augment the discussion, by proposing more plain definitions in the legislative framework,

WP45: Swarm creativity. The legal and organizational challenges of open content film production

Irene Cassarino, Politecnico di Torino
Wolf Richter, University of Oxford

While the creation of software under the FLOSS paradigm is a well-established and recognized mode of production, the peer collaborative production of Open Content Film is a fairly new phenomenon. The two approaches share several common features: both are characterized by the massive collaboration of actors in a shared creative space and both are enabled by Information and Communication Technologies, in particular the Internet. But technology itself is not sufficient to create and maintain a shared creative space. A governance structure resting on a legal framework and a set of control and incentive mechanisms regulates the transactions between the collaborators and is designed to ensure coordination. In this paper we will outline the legal and organizational challenges faced by the first major Open Content Film production ‘A Swarm of Angels’ (ASOA) in creating and maintaining a shared space for collaborative film making. We will pay particular attention to the differences with the practices of the FLOSS community. The study will be based on a series of interviews with ASOA founder Matt Hanson and the major contributors to his project, the analysis of the discussion threads about the appropriate organizational and legal structure for this Open Film project, taken from the community’s online discussion forum, and the available legal documents governing membership in the ‘Swarm’. The discussion of the legal and organizational aspects is pivotal in the debate about whether a peer collaborative production model could be applied to other industries than software production, in particular to industries which involve not purely informational goods and hence rely on significant funding. The technology seems to be ready. The governance capabilities to take advantage of it maybe not.

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