United States and European Union did have a diverging copyright approach that amounted to unfair competition in Film and Entertainment Industries. Statistically, United States gets a lot of income from creative work which cumulatively amounts to 19% of the gross income of the nation. This implies that there is a need for the organization to have copyright term extension in order for the organization to compete fairly. The gross income is expected to increase by +3% by the end of 2020 and this heuristic change can be attributed to target audience preference in watching performances and movies.
The management report of copyright Term extension basically establishes the background information regarding the steps that were undertaken in order to harmonize the copyright term for both United States and European Union for fair competition. The discussion on the background is based on the Disney lobby groups and the role played by the other lobby groups in United States to enforce the copyright term extension.
The film and entertainment industries candidly have an outstanding target audience that is also discussed in the issue analysis as well as in the impact analysis. The role that audience plays should not be overlooked because it determines the success of the film and entertainment firms worldwide. Therefore, the content before is released ought to be edited to harmonize with the preferences of the audience. Copyright and Technology is also discussed vehemently in the report in order to ensure the film and entertainment industries are categorically and effective controlled through the use of technology.
The report ends by discussing strategic implication of the report as it pertains the film and Entertainment industries. The recommendation actually pertains investing in copyrights, technological advancement, and target market, strategic management, marketing the content and finally editing the content.
Innovation is quite prevalence in the world and especially the media and film industry organizations. Film organizations, Netflix and Hollywood, faces detrimental challenges as it regards copyright issues (Klein, Moss, & Edwards, 2015). Copyright Term Extension candidly is a concept and policy that is characterized by contention by different scholars and researchers. The researchers have divergent ideas regarding the Copyright Term Extension as discussed by the Disney. This is an idea that was passed forward by Disney who led an entertainment company to lobby for to extend the copyright terms by basically 20 years (Schrader & Service., 2006). This lobby took place in 1998. According to United States, copyright terms is a system that is destined in ensuring constitution is constrained to ensure the rules and regulations regarding creativity work in film and entertainment environment is promoted concisely. Besides, the extension of the Copyright Term can be attributed to improvement in artistic work in addition to technological innovations (Klein, Moss, & Edwards, 2015). Critics still exits who vehemently oppose the idea of extending the copyright terms enacted by Disney. The main reason for opposing this approach is because film and entertainment companies have faced detrimental copyright issues despite the existence of the copyright regulations before (Martin, 2002). The act of subjecting the copyright terms to retrospective destroys creativity and artistic work immensely.
The purpose of this paper is basically to establish the challenges that face the film and entertainment organizations in relation to copyright extension policy. This will accrue the background information from various scholars and researcher demonstrating statistically and empirically the impacts. The subsequent sections includes analysis of the issue as well as the impact the issue has on the most outstanding film and entertainment organization across the world. The final part basically accrues the strategic implication as attributed to strategic management of such firms and how the issue can be reduced and mitigated effectively.
The menace of the copyright faces detrimentally the Film and entertainment Industry in their quest to advertise and market their brands online. The copyright issues of the artists can be attributed to technological advancement and internet inception worldwide (Reyman, 2009). According to researchers, copyright that builds upon the past experiences and ought to encourage creativity rather than impede it. Film and Entertainment Industry are characterized by creativity in terms of innovation and technological utilization (Reyman, 2009). The idea behind copyright terms extension is based on shared common cultural and limitless trove of creativity that has been used, remixed and reimagined over the years in order to create new works of creative art and science (Vollmer, 2018). The contemporary copyright policy should strive to promote, and not to diminish, a robust and accessible public domain.
The extension that was passed in 1970s implies that individual creators were granted copyright protection that lasted for their lifestyle (Rupp-Serrano, 2014). The copyright extension candidly has significant influence on companies like Netflix, Hollywood and Bollywood organization. For corporation, the extension basically increased up to 70 years for patents for movies and media information (Vollmer, 2018). The same year, Bollywood organization recorded 30% decrease in issues regarding the copyright issues. In 1990s, the studios like Disney bravely lobbied for yet another extension in order to enhance the creativity within the studios. Besides, in 1998, the congress passed Copyright Extension Act known as the Mickey Mouse Protection Act (Crane & Boaz, 2003). This actually implied that the work that had been created in 1923 was still under copyright protection up to 2019. Therefore, extension of the copyright policy plays an integral role in ensuring the creativity and innovation is promoted in the film and entertainment organization. The extension of the deadline has quite a significant implications to the Hollywood and other film organization that created their work in after 1923 (Crane & Boaz, 2003). It is quite obvious the studies undertaking the production of these film work in Hollywood and Bollywood are not willing to let their artistic work to be exposed to the public domain. As a matter of concern, most creative organizations lack appropriate information regarding the copyright claims and due to this ignorance issue, there is an outcry attributed to studio being unable to fight this battle with the public (Schrader & Service., 2006).
It is a requirement for the international Berne Convention for the protection of Literary and artistic work of 1886, it was quite important for signatories’ countries to be in a position to provide minimum term of the life of the artists in addition to 50 years (Hick, 2017). This is a concept that was not only opposed by critics but also outstanding scholars alleging their reasons to a bigger duration for the copyright expiry. Besides, there was an extension that was provided regarding the terms of protections where the authors were in a position to extend their terms. However, this Berne Convention did not take effect for United States until it was rectified in 1989 though United States had prior provided a minimum copyright that was prerequisite of the convention in the copyright act of 1976 (Schrader & Service., 2006). The graph provided in the picture below demonstrates the expansion of U.S copyright law assuming that the author or the owner works 35 years before their deaths.
The journey was not over relating to extension of copyright because after ascension of the Berne Convention, a number of individuals that owned copyright they successfully lobbied the U.S congress to extend the copyright terms to correspond to the European Nations Copyright terms. After 1993, a group was launched by the United States Lobby group to harmonize the terms of the copyright protection and it’s during this time when the member states of European Union implemented a protection mechanism for a terms of author’s death plus 70 years (Rupp-Serrano, 2014). In memory of one of the lobbyist who died before the implementation, the act was named Congressman Sonny Bono (Schrader & Service., 2006). This was a tremendous achievement because it implied the artistic work attributed to Bollywood and Hollywood organization would remain protected rather than being exposed to the public domain. In order for the act to accommodate all individuals of different creativity especially music, the bill was amended in order to include the Fairness in Music Licensing Act which exempted smaller groups from getting a licence for their music performance in order to curb imitations (Hick, 2017). The bill was passed by both houses and President Clinton had no option rather signing it into law in 1998. This basically formed the basis of the copyright term extension in film and entertainment organization with a purpose of protecting the creativity work attributed to artists.
The reason for passing the copyright extension law was candidly provided by the senate in order to be able to answer questions attributed to the acts. As per the senate report, the purpose of the bill was actually to ensure there is adequate copyright protection for American works in foreign countries and besides establish a continues economic benefit for the creative individuals in creative and artistic organizations. The bill aimed at extending the former bill by 21 years in order to harmonize it with the European Union in order for the Americans to have fair competition in creativity work (Klein, Moss, & Edwards, 2015). The necessitated many organizations to open up film and entertainment companies because their copyrights extension was sufficient enough to cater for their patent activities and ideas. For instance, Netflix organization stated operating in film industry providing movies online and worldwide (Pearson, 2018). Their zeal can be attributed to extension of the copyright term. Finally, the report acknowledges the fact that with the extension of the copyright extension, would aid the United States creative and artistic organizations to be established in foreign countries and above all ensuring the organizations are given incentives to digitize and preserve their works (Reyman, 2009). It was like an extensive approach to ensure the organizations are successful and competitive without fear of imitation or intimidation by any rival organization.
The extension of the copyrights was supported fully by Watt Disney Company that as discussed prior lobbied for the extension of the copyright terms (Decherney, 2013). Nevertheless, proponents of the Bono act assert that it is quite essential given the fact that the life expectancy of human beings has risen since the congress actually passed the prior act in 1790 where the difference between the two acts a detrimental negative effect to the multinational undertakings especially for the entertainment organizations. It is also claimed that copyright work accrues to a huge amount of income in the United States and due to copyright extension media such as DVDs, Cable, Satellite and VHS have of late increased its significant value and the commercial live of movies being produced by the Hollywood, Netflix and Bollywood organizations worldwide (Decherney, 2013).
As a matter of fact, copyright term extension encourages progress in arts and entertainment organization. Ancient times, many version of films were created under horrific conditions. However, after the enforcement of film rights, a restoration was quite evident in the film which received ululations from the significant critics. The critics and opponents against the idea of the copyright extension are individuals that depend on selling and distributing films and videos that have lost their copyright (Martin, 2002).
In this perspective, Karjala, a lawyer lead in opposing the idea of extending the copyright terms attributing to the fact that extension of copyright terms would accrue to imposing of substantial costs to United States public domain without benefits (Reyman, 2009). In nutshell, the major critics and opponents of the Bono bill stand firms to allege the defects of the act. Some considers it quite unconstitutional claiming the Bono’s act to be inappropriate intended to promote artistic work and progress of science (Schrader & Service., 2006). According to United State editorial newspaper, it is a personal responsibility of the organizations to ensure their ideas are protected and not state functions. In addition, other opponents argue vehemently against the life expectancy because as per now the life expectancy has risen from the 35 years designation to 72.16 years as per 2002 (Crane & Boaz, 2003). This implies the argument regarding the life expectancy is a topic that is bypassed by time and that ought to be amended accordingly. In summary, there are quite a number of scholars who oppose the act but the fact remains that copyright extension is very important in both film and entertainment organizations.
The copyright law of America is a law that is intended to encourage creation of art and culture by basically promoting the authors and creative individuals with the exclusive rights that should not be infringed (Rimmer, 2007). The copyright law is characterised by numerous and exclusive rights which include the ability for the authors to make and sell copies of their work, the right to basically create derivative work and finally the right to perform or display their artistic work. Currently, the United States of America is by the copyright Act of 1976 which is candidly on the zeal of American Government to promote progress of science and useful arts by promoting and securing explicit time for not only authors but also inventors in film and entertainment organizations (Rimmer, 2007).
It is quite clear that copyright term extension covers extensively the artistic work of scientists, creative and innovative individuals in the film and entertainment organizations. However, copyright term extension covers scientific work relating to creation of a significant idea in the modern society. The ideas can be inform of coming up with an application, movie and music creation, documentaries, book authors and visual artists. According Research gate, approximately 30% of the content produced by an individual is plagiarised and therefore, it implies that the information generated is not authentic (KUHN & ONSRUD, 2016). Besides, interview undertaken in Australia failed to establish the content that is reused often. Documentary filmmakers, writers, musicians, visual artist sought to understand the copyright extension. However, the copyright extension basically helps the all the organization that deal with artistic work are effectively protected.
The issue of the copyright extension is quite rampant in Australia because most of the artistic work in Australia is imitated. For instance, a filmmaker in Australia could not afford the cost getting a license to protect the rights of the song. This is implies that the content of the copyright term extension do not consider small artists who are less fortune in the society. The study from most researchers in Australia are rather confused by the copyright term extension because it is not taking effect in Australia (Pappalardo & Bansal, 2018). In order for the Australian to protect all contents of creativity and innovation, the Australian Law Reform Commission and Productivity commission recommended the Australian government to use US- copyright approach.
Copyright Term Extension is candidly enhanced by technological advancement. Technology and Copyright basically establishes the role played by technology in enhancing copyrights. The content of the Copyright Term Extension is not limited to not only the terms limits but also the role played by technology to ensure the rights of the authors are subsequently protected (Rosenblatt, 2018). The digital rights technology that are quite important in this include the DRM, watermarking, fingerprinting, rights licensing rights information management (Rosenblatt, 2018). The focus on copyright term extension extensively nowadays it covers how technology will aid in ensuring the rights of the ownership are not infringed. There are quite a number of mechanisms that are utilized in order to impede the infringement of the copyrights of the authorship especially in entertainment and film organizations. Technology has radically enabled not only creation of movies but also distribution and consumption of works that are copyrighted enabling the owners to utilize technology relevantly in the modern creative era. This is a technology that is widespread utilized by online film company, Netflix Film Company (Decherney, 2013). Apparently, good and right technology is not just about protecting or enforcing copyrights but they are also for providing order and rationality to messy and changing world.
Copyright Term Extension evaluation is broad topic that is quite confused when discussing the most eminent issues facing the organization. First of all, copyright gives right to prevent coping, distributing copies, performing, showing or playing in public or rather putting contents online without permission (Reilly, 2016). In most countries, the copyright Terms lasts for life of the author plus 50 years which is opposed to United States and European Nations. Therefore, valuing the copyright term extension requires a comprehensive understanding of particular businesses and industries operate amidst copyright regulations. Furthermore, the copyright valuation covers different properties that include films, books, plays, TVs, music characters, images and musicals (Reilly, 2016). Therefore, it attributed to the value attributed to the extension of the copyright term policy in order to extend lifecycle of the organizational properties regionally and internationally for film and entertainment organizations.
This section is based on the background and issue analysis deliverables and therefore, the section aims to answer the following questions.
- Does copyright term extension have direct impact to the Film and Entertainment companies?
- Who are the target audience of the Film and Entertainment contents worldwide?
- Do Film and Entertainment content represent a business niche or a huge market designation?
- When should the Film and Entertainment content be released?
It is quite clear that copyright term extension has a direct impact on the film and entertainment organization in terms of their ability to continue enjoying the competition nature with other countries. The term extension of the copyright is an act that was being discussed vehemently by United States policy makers (Rupp-Serrano, 2014). The discussion actually compared the copyright act of the European Union and that of United States. In terms of competition, United States was far behind the European Union member states because they had a quite huge margin of the copyright terms. This basically implies that the film and entertainment content had to take a significant amount of time for it to be released to the public. Hence, harmonization of the copyright terms extension played an integral role in ensuring fair competition and ensuring the creative and intellectual rights are protected through copyrights (Pearson, 2018).
The target audience of the film and entertainment industry as well do play a fundamental role in ensuring the copyright term extension is enforced. The film industry is candidly interested in studying tastes and preferences of the spectators through empirical studies that include focus group, surveys and interviewee (Franklin, 2006). Due to the fact that film industries are money making organization, it remains relevant, regardless of the copyright term extension, if it produces films that make profit over and above their expectation. This desire can only be achieved through understanding the target audience effectively in terms of what they prefer. The industry, therefore, cannot depend on hypothetical perspective of film viewers but should seek real audience both through research and through marketing their products worldwide. For instance, Netflix and Hollywood are organization that utilize technology to advertise their copyrighted products to all individuals in the world (Pearson, 2018).
The composition of film and entertainment audience has changed significantly over the course of American History. As per preference and desires of the audience, film and entertainment industry target everyone in the world who is in context of a working class and immigrants audience who can afford tickets to attend the events. This aforementioned concept applied in ancient times before the topic of copyright term started making headlines. However, the film and entertainment industries have devised new and creative ways to attract audiences across the world. Merchandizing inspired by the film and entertainment, such as film figures based on film’s character or licensing of film character’s idea in terms of copyright, has significantly improved the public awareness worldwide (Reyman, 2009). In summation, the target audience of the film and entertainment industry are those individuals who are willing and are attracted to the artwork of film and entertainment organizations.
Film and Entertainment does not represent a business opportunity in the world but it candidly represents a market that is quite established. Hollywood and Bollywood film industries were the ancient industries that served before the copyright term extension discussion (Pearson, 2018). This candidly implies that film and entertainment industries were eccentric in ancient times and what is there today is the expansion of the industry incorporating technological advancement. It is market that can make worthy millions at ago if at all the organization take the appropriate marketing options and besides if the organizations can protects its products through copyright in order to be able to compete fairly across the globe. One of the most detrimental drawback of the film and entertainment is the existence of the middlemen in form pirates who download the movies without the owner permission. Nevertheless, the organization can use technology and copyright to mitigate the menace of the piracy in the film and entertainment industry (Martin, 2002).
Copyright Term Extension is quite important. Integration of copyright with intellectual property protection can accrue to the most significant licences that can allow film and entertainment launch its content. It is a requirement by the law for one to have patent certificate for the ideas they have generated in order to release their ideas public. This requirement is also applicable in the film and entertainment organization where the content the industries have can only be released after the right legal documents are available. However, it is important for the filmmaker to ensure the content is satisfying to the audience because they form the most important assets in the success of the organization (Crews & Buttler, 2005). This actually considers the preference of the target market and the position of the market in terms of the performance. Therefore, the only opportune time to launch the film and entertainment content is when both documents and the contents are satisfying.
The Copyright Term Extension actually has a significant implication on the content that is being released by not only the film and the entertainment organizations but also mass media and social media across the globe (Williams & Mascioni, 2014). The most strategic implication of the copyright term extension accrues to the strategic management of film and entertainment industries worldwide. Therefore, in order for strategic leaders to be able to promote creativity as well as the innovative ideas of the individuals in these organizations, it is quite important for them to ensure copyright term extension is enforced for proper and stiff competition amongst the film industries worldwide.
Strategically, the copyright terms extension has an influential impact on the film and musical organization in such that it promotes fair competition amongst the United States and the European Union. The copyright extension candidly has highlighted the need for standardization, harmonization and finally having a bigger lifetime for the expiry of the copyrights (Rimmer, 2007). The approach enables the filmmakers and entertainers to re-think their future managerial skills in terms of competing fairly and stiffly. Apparently, this is quite important because it aids the film industries to align themselves with the needs of the target audience emphatically. The needs of the target audience form the basis of growth and development of film and entertainment through strategic leadership. In summary, the copyright term extension ensures management is effective and underpins to the copyright requirements by the law in both United States and European Union and therefore, it is quite impactful.
The final section candidly deals with specific recommendation about the utilization of copyright in regards to film and entertainment industries. The section defines the importance of the recommendations as well as its drawbacks.
- The film and entertainment industries ought to invest in ensuring they register their ideas prior they start using them. This approach aligns the company to the requirements of the copyright acts that requires all author’s content to be copyrighted. Copyrighting the Film and Entertainment contents amounts to improvement of stiff and fair competition amongst the film and entertainment companies in both United States and European Union member states. The fair competition has been enabled through lobbying for the copyright terms extension.
- In the modern creativity and innovative world, technology plays quite an important role in almost all industries in the world. Therefore, it important for the film and entertainment company to use the technology and copyright in order to ensure there are online mechanisms that can be used to ensure copyright expectations are not interfered with. Technology has been in use to ensure the contents in the books is not used by an intruder through use of a plagiarism checker software. This can as well be utilized in Film and Entertainment industries to ensure an automatic sensor of copyrighted work that has been reused.
- The Film and Entertainment companies should ensure they know the preference of their target market in order in order to make content that is appetizing to the audience. This is an approach that can be enforced by strategic management team of such organization. Ensuring the audiences are satisfied is the initial step in establishing a successful movies, music and performances in most outstanding hotels in the world.
- Release of the film and Entertainment should be timely and dependent on the duration and the seasons that are available worldwide. It is important to release the content through launch after ensuring the copyright and other legal requirements are considered immensely. There are eminent technologies that utilize the pay per click that can be used in order to watch the content online during the launch since not all audience can be present in the auditoriums.
- Marketing of the Film and Entertainment contents is also dependent on the copyright term extension because after expiry date of the copyright it is quite hard for the organizations to market the content. However, there are a number of approaches that can be utilized to market Film and Entertainment content based on technological advancement. It is significant for the organization to use facebook, Twitter, YouTube and LinkedIn to market and promote the industrial contents.
Copyright Term Extension is quite important because it enhances competition amongst the designated organizations. There are quite a number of lobby groups that fought quite hard to ensure the copyright terms are enforced and enhanced by the legislative houses in United States in order to harmonize it with copyright terms in European Unions. Besides, the copyright extension plays an important role in ensuring the film organizations serve the target audiences quite effectively dependent on the market demarcation. Copyright Term Extension has direct impact on the film and entertainment industries in terms of the competition influence where the filmmakers and entertainers are in a position to compete fairly with the other outstanding companies in the world. In addition, the filmmakers ought to emphatically ensure the needs and preference of the audiences are satisfied fully by the content that is released. Apparently, in ancient times, the film and entertainment industries candidly did not take into consideration the desires of the customers. Therefore, it is important for the film and entertainment industries to edit the ancient contents in order to be effective in the current world. Finally, technology and copyright can be integrated in order to foster a progressive film and entertainment creative and innovative industries.
Crane, E. H., & Boaz, D. (2003). Cato handbook for Congress, 108th : Policy Recommendations for the 108th Congress. Washington: Cato Institute.
Crews, K. D., & Buttler, D. K. (2005). Copyright law for librarians and educators : creative strategies and practical sol. Chicago: American Library Association,.
Decherney, P. (2013). Hollywoods copyright wars – from edison to the internet. Columbia University Press: Amazon.
Franklin, D. P. (2006). Politics and Film : the Political Culture of Film in the United States. Lanham : Rowman & Littlefield Publishers.
Hick, D. H. (2017). Artistic license : the philosophical problems of copyright and appropriation. Chicago: Illinois University of Chicago Press.
Klein, B., Moss, G., & Edwards, L. (2015). Understanding copyright. Los Angeles, California: SAGE.
KUHN, H., & ONSRUD, W. (2016). ADVANCING GEOGRAPHIC INFORMATION SCIENCE : the past and next twenty years. [S.l.]: GSDI ASSOCIATION PRESS,.
Martin, J. V. (2002). Copyright : current issues and laws. New York: Nova Science Publishers.
Pappalardo, K., & Bansal, K. (2018, February 9). How copyright law is holding back Australian creators. Retrieved from converse: https://theconversation.com/how-copyright-law-is-holding-back-australian-creators-91390
Pearson, B. (2018, January 11th). What Does It Mean For Hollywood If Another Copyright Extension Doesn’t Pass This Year? Retrieved from Film: http://www.slashfilm.com/copyright-extension/
Reilly, R. F. (2016). Guide to intangible asset valuation. London: John Wiley & Sons Inc.
Reyman, J. (2009). The Rhetoric of Intellectual Property: Copyright Law and the Regulation. Wiley: Amazon.
Rimmer, M. (2007). Digital copyright and the consumer revolution : hands off my iPod. Cheltenham ; Northampton, Mass: Edward Elga.
Rosenblatt, B. (2018, March 22). Copyright and Technology. Retrieved from Copyright and Technology: https://copyrightandtechnology.com/about/
Rupp-Serrano, K. (2014). Licensing in Libraries: Practical and Ethical Aspects. Wiley: Amazon.
Schrader, D., & Service., L. o. (2006). Copyright term extension and music licensing : analysis of Sonny Bono Copyright Term Extension Act and Fairness in Music Licensing Act, P.L. 105-298. [Washington, D.C.]: Congressional Research Service, Library of Congress.
Vollmer, T. (2018, January 15). Is Copyright Term Extension Finally Done? Retrieved from Creative Commons: https://creativecommons.org/2018/01/15/copyright-term-extension-finally-done/
Williams, K., & Mascioni, M. (2014). The out-of-home immersive entertainment frontier : expanding interactive boundaries in leisure facilities. Farnham ,: Ashgate Publishing Ltd.