Papers on the Size and Value of EU Public Domain

I’ve just posted two new papers on the size of and ‘value’ the EU Public Domain. These papers are based on the research done as part of the Public Domain in Europe (EUPD) Research Project (which has now been submitted).

  • Summary Slides Covering Size and Value of the Public Domain – Talk at COMMUNIA in Feb 2010
  • The Size of the EU Public Domain

    This paper reports results from a large recent study of the public domain in the European Union. Based on a combination of catalogue and survey data our figures for the number of items (and works) in the public domain extend across a variety of media and provide one of the first quantitative estimates of the ’size’ of the public domain in any jurisdiction. We find that for books and recordings the public domain is around 10-20% of published extant output and would consist of millions and hundreds of thousands of items respectively. For films the figure is dramatically lower (almost zero). We also establish some interesting figures relevant to the orphan works debate such as the number of catalogue entries without any identified author (approximately 10%).

  • The Value of the EU Public Domain

    This paper reports results from a large recent study of the public domain in the European Union. Based on a combination of catalogue, commercial and survey data we present detailed figures both on the prices (and price differences) of in copyright and public domain material and on the usage of that material. Combined with the estimates for the size of the EU public domain presented in the companion paper our results allow us to provide the first quantitative estimate for the `value’ of the public domain (i.e. welfare gains from its existence) in any jurisdiction. We also find clear, and statistically significant, differences between the prices of in-copyright and public-domain in the two areas which we have significant data: books and sounds recordings in the UK. Patterns of usage indicate a significant demand for public domain material but limitations of the data make it difficult to draw conclusions on the impact of entry into the public domain on demand.

The results on price differences are particularly striking, as to my knowledge, these are by far the largest analysis done to date. More significantly, they clearly show that the claim in the Commission’s impact assessment that there was no price effect of copyright (compared to the public domain) was wrong. That claim was central to the impact assessment and to the proposal to extend copyright term in sound recordings (a claim that was based on a single study using a very small size, performed by PwC as part of a music-industry sponsored piece of consultancy for submission to the Gowers review).

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