In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry
Purpose – One of the binding commitments under the Trans-Pacific Partnership Agreement is the extension of the copyright term to 70 years after the death of the author. This paper reports the preliminary findings of a research on the potential impact of the extension of copyright term on the music...
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my.iium.irep.548312017-06-07T06:25:09Z http://irep.iium.edu.my/54831/ In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry Abdul Ghani Azmi, Ida Madieha Alavi, Rokiah HF Commerce K Law (General) Purpose – One of the binding commitments under the Trans-Pacific Partnership Agreement is the extension of the copyright term to 70 years after the death of the author. This paper reports the preliminary findings of a research on the potential impact of the extension of copyright term on the music industry in Malaysia. As Malaysia is a user and net importer of intellectual property, it is feared that extending the copyright term will likely impede incentives for the creation of new contents, increase the cost of licensing/ royalties, diminish the choice and creativity of film and music industry and increase royalty payments abroad. The purpose of this study is to determine whether the commercial lifespan of copyright works is long enough. Design/methodology/approach – Using a qualitative research method, in-depth interviews were carried out with key industry players between June and September 2015 to collect relevant information from the industry. The information obtained was analysed to gauge the market standing of the local music industry and how the proposed extension would bolster their financial and market power. The paper does not intend to explore the legal implications from the retrospective extension of copyright term and data on illegal use and piracy. The findings of the research will be purely drawn from the non-structured interviews and information gathered from respondents. Findings – The paper concludes that there is not enough evidence to support the notion that the copyright extension will be economically advantageous to the local music industry. Research limitations/implications – The feedback from the interviews, although cannot be generalised to be considered as representing the whole music industry in Malaysia, can nevertheless be taken as preliminary conclusions and an eye-opener to the quest for concrete support in the debate for the extension of the copyright term in Malaysia. The paper also does no explore the legal implications from the retrospective extension of copyright and data on illegal use and piracy. Practical implications – In conclusion, more studies need to be conducted to understand the dynamics and needs of the music market in Malaysia for the extension of the copyright term to be really beneficial to them. As this study is only conducted using a qualitative research method, using open-ended and in-depth interview techniques on a small group of respondents, there may be a need to embark on empirical research with proper execution of survey instruments to a larger group of respondents. Emerald 2017 Article REM application/pdf en http://irep.iium.edu.my/54831/13/54831-In%20search%20for%20support%20for%20the%20extension%20of%20copyright%20term.pdf application/pdf en http://irep.iium.edu.my/54831/14/54831-In%20search%20for%20support%20for%20the_SCOPUS.pdf Abdul Ghani Azmi, Ida Madieha and Alavi, Rokiah (2017) In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry. Journal of International Trade Law and Policy, 16 (1). pp. 34-48. ISSN 1477-0024 http://www.emeraldinsight.com/doi/abs/10.1108/JITLP-10-2016-0025 10.1108/JITLP-10-2016-0025 |
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HF Commerce K Law (General) Abdul Ghani Azmi, Ida Madieha Alavi, Rokiah In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry |
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Purpose – One of the binding commitments under the Trans-Pacific Partnership Agreement is the
extension of the copyright term to 70 years after the death of the author. This paper reports the preliminary
findings of a research on the potential impact of the extension of copyright term on the music industry in
Malaysia. As Malaysia is a user and net importer of intellectual property, it is feared that extending the
copyright term will likely impede incentives for the creation of new contents, increase the cost of licensing/
royalties, diminish the choice and creativity of film and music industry and increase royalty payments abroad.
The purpose of this study is to determine whether the commercial lifespan of copyright works is long enough.
Design/methodology/approach – Using a qualitative research method, in-depth interviews were
carried out with key industry players between June and September 2015 to collect relevant information from
the industry. The information obtained was analysed to gauge the market standing of the local music industry
and how the proposed extension would bolster their financial and market power. The paper does not intend to
explore the legal implications from the retrospective extension of copyright term and data on illegal use and
piracy. The findings of the research will be purely drawn from the non-structured interviews and information
gathered from respondents.
Findings – The paper concludes that there is not enough evidence to support the notion that the copyright
extension will be economically advantageous to the local music industry.
Research limitations/implications – The feedback from the interviews, although cannot be
generalised to be considered as representing the whole music industry in Malaysia, can nevertheless be taken
as preliminary conclusions and an eye-opener to the quest for concrete support in the debate for the extension
of the copyright term in Malaysia. The paper also does no explore the legal implications from the retrospective
extension of copyright and data on illegal use and piracy.
Practical implications – In conclusion, more studies need to be conducted to understand the dynamics
and needs of the music market in Malaysia for the extension of the copyright term to be really beneficial to
them. As this study is only conducted using a qualitative research method, using open-ended and in-depth
interview techniques on a small group of respondents, there may be a need to embark on empirical research
with proper execution of survey instruments to a larger group of respondents. |
format |
Article |
author |
Abdul Ghani Azmi, Ida Madieha Alavi, Rokiah |
author_facet |
Abdul Ghani Azmi, Ida Madieha Alavi, Rokiah |
author_sort |
Abdul Ghani Azmi, Ida Madieha |
title |
In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry |
title_short |
In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry |
title_full |
In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry |
title_fullStr |
In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry |
title_full_unstemmed |
In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry |
title_sort |
in search for support for the extension of copyright term under the trans-pacific partnership agreement: a preliminary study of the malaysian music industry |
publisher |
Emerald |
publishDate |
2017 |
url |
http://irep.iium.edu.my/54831/13/54831-In%20search%20for%20support%20for%20the%20extension%20of%20copyright%20term.pdf http://irep.iium.edu.my/54831/14/54831-In%20search%20for%20support%20for%20the_SCOPUS.pdf http://irep.iium.edu.my/54831/ http://www.emeraldinsight.com/doi/abs/10.1108/JITLP-10-2016-0025 |
_version_ |
1643614624111656960 |
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13.211869 |