Survey

The survey serves to answer the question whether media formats should be copyright protected in Europe or not. Copyright protection of media formats illustrates the significance of copyright protection at a central point: Formats are creations between idea and expression and, as such, constantly recreated.

For the following, the survey defines media formats as any media content and/or platform whose elements such as music, picture, video, text and graphics, characters, roles and ac-tion (patterns), performances, fiction, games and scripted stories are arranged, structured and presented in a linear or non-linear way so that the audience/user recognizes it as one unity. Media formats in the prescribed meaning can be TV shows and series, websites and mobile applications, video, online and alternate reality games, or advertising/marketing campaigns in either conceptualized or produced form.

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What is your kind of work with formats?

What is the kind of format that you work with most? Please give examples.

Why have you chosen to work with formats?

Copyright law empowers the owner of the copyright to prevent other people from using the protected work. On the basis of this so-called legal monopoly, the right holder can grant licenses for specific uses, for example the adaptation resp. production, of the protected work via certain license fees.

There are further factors that prevent other people from adapting and/or producing the format, too. In your opinion, how important are the following factors compared to each other?

Beside the exclusive copyright, there are further business models for financing formats. In your opinion, how important are the following business models compared to each other?

Working in the format industry requires dealing with rights, amongst other things. Rights can be sold – and have to be purchased. The most important right for formats is the adaptation right. If someone wants to use a format (or elements of it) that is (or are) copyright protected, s/he has to buy the rights. Dealing with rights is often a separate cost factor (so called transaction costs) and can be classified into three phases: Search and information costs, negotiation costs as well as control and enforcement costs.

Do you think transaction costs are lower or higher, if the format as a whole – and not only components of it, such as texts and music – is copyright protected?

Search and information:

Negotiation:

Control and enforcement:

Other:


In the European Union, formats are only copyright protected in some of its Member States. Do you think your transaction costs would be higher or lower if formats were equally copyright-protected in all Member States?

Search and information:

Negotiation:

Control and enforcement:

Other:


Public discourse consists of the exchange of ideas. Basically, formats deliver ideas in many expressions: Entertainment, cultural, aesthetics, social, political etc. In your opinion, how important are formats for the public discourse?

Importance:

Copyright enables, basically, the creator to finance and/or to control the distribution of her/his format free of state influence or private control: By selling licenses, everybody may finance the format independently from state funding. Using Creative Commons or other Open Source licenses, everybody might distribute it irrespective of private – market power based – control (copyleft licenses, for example, allow any re-creator to adapt the format under the condition that s/he must grant it again under the same condition; so-called viral or copyleft effect).

In your opinion, how important is copyright protection of formats for the following aspects?

Freedom of state influence (e.g. private market instead of public funds)
Importance:

Freedom of private control (e.g. copyleft instead of market power)
Importance:

Democracy builds on a free and public discourse. Given your answers above, how important is copyright protection of formats for democracy?

Importance:

Principally, there are different types of criteria for granting copyright protection. Given that formats can principally be copyright protected, how important should be the following criteria for granting copyright in your opinion?

How would a comprehensive copyright protection for media formats affect your innovation practices?

All in all, how important is copyright protection for your work / innovation practice?

Thank you for your precious time.