This post to the a2k list covers some great information about
restriction and authors.

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From: Michelle Childs <[EMAIL PROTECTED]>
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http://www.theregister.co.uk/2007/07/17/copyright_law_study/
Strict copyright laws do not always benefit authors
And they could even increase risk, study says
By OUT-LAW.COM → More by this author
Published Tuesday 17th July 2007 09:25 GMT


A stricter, more author-friendly copyright regime does not guarantee
higher pay for authors, according to a new study which surveyed the
earnings of 25,000 writers.

In fact, it found that copyright law could exacerbate risk for authors.

Writers in Germany earned less than those in the UK, despite the fact
the country's copyright regime is more beneficial to authors,
according to a study by the Centre for Intellectual Property Policy
and Management at Bournemouth Law School.

"There are some real surprises. A legal framework that is ostensibly
more author friendly, Germany, does not deliver wealthier authors,"
said Martin Kretschmer, joint director of the centre.

In 2004 to 2005, UK authors earned around 50 per cent more than their
German counterparts. UK authors earned an average of £12,330, while
the Germans earned an average of £8,280. The survey was based on
professional authors, meaning those who allocate more than half of
their time to writing.

Pay for authors is very far from consistent, though, because much of
the money paid overall is earned by a small number of extremely
successful writers. That pay imbalance is more pronounced in the UK
than in Germany, the study found.

It revealed that the top 10 per cent of authors earn 60 per cent of
all the money earned in the UK, but just 41 per cent of that in
Germany. The bottom 10 per cent in the UK earn just eight per cent of
the money paid, but they earn 12 per cent in Germany.

"This may reflect a more regulated environment for copyright
contracts in Germany. It may also reflect the globalised nature of
English language markets," said Kretschmer.

The research was conducted by the centre on behalf of the Authors'
Licensing and Collecting Society (ALCS), the UK's collection and
authors' rights agency. It asked the centre to undertake the study of
authors' income in two countries with similarly sized publishing
industries, but significant differences in their copyright frameworks.

The study also found that copyright law could actually make writing
riskier. It found that income was even less evenly distributed when
it only took account of income relating to actual use of copyright
material. This part of the study excluded income which was paid
regardless of the usage of work, such as that from contractual
writing or from advances.

The income related to pure usage was even less evenly distributed
than that of writing overall. The Gini Coefficient measures income
distribution on a scale between zero and one, with distribution
becoming more unequal the closer it gets to one.

The score for ALCS payments to professional writers in the UK is 0.78
rather than 0.63 for writing as a whole. In Germany, the score for
payments to German collecting society VG Wort is 0.67 rather than
0.52 for writing as a whole. "This suggests that copyright law may
exacerbate risk," Kretschmer said.

The study also found that, despite hopes of an internet-prompted
resurgence in interest in writing, writers have not benefited from
the growth of the internet as a medium. "Increased exploitation and
use of copyright works through the internet has not translated into
increased earnings of writers," said Kretschmer. "The typical
earnings of authors have deteriorated since 2000, both in the UK and
Germany."

Copyright (c) 2007, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.
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